Board of Adjustment Public Meeting Minutes 20150623
Opening:
The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:30 p.m.
Present: Joel Torielli, Hans-Jurgen Lehmann, Diana Ruhl (7:44 p.m.), Shiroy Ranji, Alyssa Matthews, Jeffrey Voigt, Gary Negrycz, and Jennie Wilson. Also present were Bruce Whitaker, Board Attorney and Anthony Merlino, Board Secretary.
Absent: Sergio Alegre
Non-agenda items:
Board member comments: There were no comments at this time.
Members of the public comments: There were no comments at this time.
Chairman Torielli recognized that this was the last meeting for Board Member Shiroy Ranji and thanked Mr. Ranji for his service.
Public hearings
Old Business:
CAPITAL ONE BANK – An application for a conditional use variance, preliminary and final major site plan approval with bulk variances including sign variances, in conjunction with the construction of a new bank building with drive through lanes, at 10 Godwin Avenue, Block 2205, Lot 3, in a B-2 zone. (A continuation from the June 9th, 2015 meeting) Diane Hickey, Esq., was present on behalf of the applicant and recalled that the conditional use variance and the bulk variances for signage and the fixed awning were approved by the Board at the May 12, 2015 meeting. Ms. Hickey referred to three comment letters from Board professionals which indicate a few minor open remaining items in response to the revised plans submitted. Ms. Hickey said these items can easily be addressed through revised plans and specifically mentioned the maximum sign area on the ATM device and the light fixtures which match the street scape and cannot be shielded. Some Board Members agreed with Mr. Brancheau that the light fixtures should be shielded. There was discussion regarding the landscaping and Ms. Hickey said they would work with the Board professionals. Mr. Lehmann made a motion to approve the site plans revised to May 22, 2015 and Mr. Voigt seconded. All members present voted yes.
New Business:
JOSEPH PANICO – An application for the construction of a one story addition, the enclosure of an existing porch, and the construction of a rear porch landing which will result in a front yard setback of 45.2 feet where 50 feet is the minimum required, a side yard setback of four feet to a wing wall attached to the garage, and eight feet to the garage addition where 10 feet is the minimum required for both, and a rear yard setback to the rear landing of 13.5 feet where 30 feet is the minimum required. The proposed will result in total lot coverage of 21.3% where 20% is the maximum permitted and a Gross Building Area of 36.3% where 34 % is the maximum permitted at 152 Valley View Avenue, Block 1816, Lot 2, in an R-2 zone. (Carried from May 26, 2015) The applicant was not present. The hearing is carried to July 14, 2015 without further notice.
Diana Ruhl arrived at the meeting at 7:44 p.m.
KATHERINE AND PAUL HOGAN – An application for the construction of a one story addition which will result in a side yard setback of 10.5 feet where 21.4 feet is the minimum required at 93 Sherwood Road, Block 1408, Lot 19, in an R-1 zone. Mr. Voigt recused himself from this hearing. Paul Hogan was sworn. Mr. Hogan distributed seven color photos which he took and described the existing conditions. Mr. Hogan described the proposed plans and explained that the side yard setback variance being requested is less than the existing non-conformity. Mr. Hogan explained that this is a corner lot and an undersized lot which contributes to the hardship. Mr. Hogan said that since the footprint is not changing there is no detriment to the neighborhood or the streetscape. The Board members asked for some clarification of the plans. There were no public questions or comments. The hearing was closed and a motion was made by Ms. Matthews to approve as presented and seconded by Mr. Ranji. All members present voted yes.
ANANTNARAYAN BALASUBRAMANIAN – An application for the construction of second story and two story additions which will result in a Gross Building Area of 37.2% and 2,785 square feet where 35% and 2,856 square feet is the maximum permitted at 626 Delaware Avenue, Block 4506, Lot 8, in an R-2 zone. Mr. Balasubramanian and Jordan Rosenberg, Architect, were sworn. Mr. Rosenberg described the existing conditions and what is proposed. Mr. Rosenberg said that the request for GBA is a de minimis one and if the lot size was conforming the proposed improvements would not require a variance. Board members questioned the need for such a large expansion and the possibility of staying within the 35% limit. The Board members questioned the square footage of the lot according to the zoning chart after looking at the numbers on the survey. The application was carried to July 28, 2015 to give the applicant time to work out the discrepancy in the numbers.
442 VAN BUREN LLC – An application for the construction of a new single family dwelling which will result in a front yard setback of 34.6 feet where 45 feet is the minimum required, and a Gross Building Area of 37.53% and 2,815 square feet where 35% and 2,856 square feet is the maximum permitted at 442 Van Buren Street, Block 3104, Lot 13, in an R-2 zone. Jeffrey Kantowitz, Esq., was present on behalf of the applicant. Mr. Kantowitz addressed the Board regarding res judicata explaining that the applicant is coming back to the Board with a significantly different design than what was previously submitted. Albert Arencibia, Architect, and Joseph Sparone, Engineer, were sworn and qualified.
Mr. Arencibia, Architect, described the proposed improvements, referring to colorized elevation drawing A-101, marked as Exhibit A-1. Mr. Arencibia described the floor plan as shown on page A-100, marked as Exhibit A-2. Mr. Arencibia described the proposed materials explaining that it would be in keeping with the neighborhood. Board members ask how the style of the home fits in with the neighborhood. Mr. Kantowitz said that there are different styles of homes, different sizes of homes with various setbacks in the neighborhood and that this home would not stand out. Board members asked about the two-car garage and if both cars would be able to get out of the garage. Mr. Arencibia said the proposed garage door is a standard two-car garage size door. Board members reviewed floor plans which were revised to 6/4/15. Board members asked if there was a way that the proposed improvements could be reduced to make the GBA comply.
Mr. Sparone, Engineer, referred to a colorized version of the plot plan dated 6/23/15 which was marked as Exhibit A-3. Mr. Sparone described the site and proposed dwelling. Mr. Sparone said the applicant is seeking a front yard setback variance due to the deficient lot depth and a variance for Gross Building Area due to the deficient lot area. Mr. Sparone said the requested GBA variance is modest and the impervious coverage is below the maximum permitted. Board members commented that if 24” was taken off the back of the house the GBA variance would be eliminated. Mr. Kantowitz said the applicant would agree to a stipulation that the maximum Gross Building Area variance condition would be eliminated.
There were no questions or comments from the public. The hearing was closed and after Board deliberation Mr. Voigt made a motion to approve the application as amended for the front yard setback only, Mr. Lehmann seconded and all members present voted yes.
ANDREW AND CATHERINE KARAS – An application for the construction of a detached garage and a mudroom which will result in a side yard setback of 3 feet where 5 feet is required, a rear yard setback of 3 feet where 5 feet is required, and total lot coverage of 24.7% where 20% is the maximum permitted at 414
Wastena Terrace, Block 1804, Lot 2, in an R-2 zone. Andrew Karas, Esq., representing himself, and Frank Hall, Architect, were sworn. Mr. Karas described the existing conditions and said the garage was dilapidated and needed to be replaced which would require a side yard setback variance. Mr. Karas described what was being proposed in regards to the garage and the mudroom on the principal dwelling. Mr. Hall described the proposed site plan according to the plan he prepared, marked as Exhibit A-1. Mr. Karas submitted photos showing the existing condition of the garage (Exhibit A-2) and the existing condition of the house where the mudroom is proposed (Exhibit A-3). Mr. Hall described the proposed floor plan and elevations of the mudroom, marked as Exhibit A-4 and the proposed floor plan and elevations of the garage (Exhibit A-5). Mr. Hall explained that the mudroom would not encroach any further on the rear yard setback or the side yard setback than already exists. Mr. Hall explained the functionality of the garage and the mudroom. Board members had questions regarding how the proposed improvements will affect the street scape. Board members asked why the new garage could not be conforming. Mr. Karas explained that it would take away from the backyard and necessitate taking down a tree. Board members asked about the size of the proposed mudroom and why so large when they are already over what is permitted. Mr. Karas explained that they are limited in storage space. Mr. Hall explained that they wanted to keep the mudroom as tight to the existing dwelling as possible and be able to exit the mudroom and not project out to the driveway further.
Patrick Chudy, 408 Wastena Terrace, the neighbor to the left of the applicant, commented that he supported what Mr. Karas is proposing and that it is compatible with the neighborhood.
Mr. Karas said he would be willing to work with the Board regarding the size of the mudroom and brought up case law regarding the garage and the ‘C-1’ and ‘C-2’ variances. Chairman Torielli explained to Mr. Karas what his options were and Mr. Karas said he would bifurcate the application. Mr. Voigt made a motion to approve the garage as proposed and Ms. Wilson seconded. 6 members voted yes and 1 member voted no. The mudroom portion of the application was carried to July 14, 2015 without further notice.
YAO AND ZHENYU LI – An application for the construction of a second floor addition which will result in a front yard setback of 41.3 feet where 50 feet is the minimum required at 480 Old Stone Road, Block 1703, Lot 18, in an R-2 zone. Ms. Ruhl recused herself from this hearing. Mr. Li and Fred Hirsch, contractor, were sworn. Mr. Hirsch described the proposed improvements and explained that the front yard setback variance being requested is due to the narrowness of Old Stone Road. Mr. Hirsch said that the footprint of the home is not increasing and the variance being requested will not exacerbate the pre-existing nonconforming front yard setback. Four photos taken by Mr. Li and marked as Exhibit A-1 showed that the other homes along Old
Stone Road have a setback comparable to what currently exists and what the applicant proposes. Board members asked about the tree in the front yard and the applicant said the tree would remain. There were no questions or comments from the public. The hearing was closed. Mr. Voigt made a motion to approve the application as proposed, Mr. Ranji seconded the motion. All members present voted yes.
JOHN AND DENISE FRIELINK – An application for the construction of a one story addition which will result in a side yard setback of 6.5 feet where 10 feet is the minimum required, aggregate side yard setbacks of 17.76 feet where 21.45 feet is the minimum required, and a rear yard setback of 21 feet where 30 feet is the minimum required. The proposed construction will result in a total lot coverage by above grade structures of 24.4% where 20 % is the maximum permitted, and coverage by improvements of 47.3% and 3,074 square feet where 45% and 5,600 square feet is the maximum permitted at 684 Ellington Road, Block 4606, Lot 18, in an R-2 zone. Mr. and Mrs. Frielink and Rocco Orlando, Architect, were sworn. Mr. Orlando described the existing conditions of the property, what is being proposed and the health reasons the applicants are submitting this application. Mr. Orlando distributed a copy of a portion of the zoning map, marked as Exhibit A-1, showing the location of the property and how it backs to Pleasant Park and the Hawes Elementary School. Mr. Orlando said that the proposed improvements and variances being requested pose minimal impact on the neighboring properties and are needed for the applicants to stay in the house. The Board members asked if the proposed improvements would require a variance if the lot was conforming. Mr. Orlando said they would be in conformance if the lot size was conforming. Board members asked why they could not go up and not need any variances. Mr. Orlando explained that going up would not benefit the applicant and that they have made a minimal impact on the neighbor or the neighborhood. Board members were concerned about the side yard setback of 6.5 feet. Board members questioned the size of the addition. Board members discussed different options with Mr. Orlando. Mr. Orlando said that the applicant would be willing to make some changes to reduce the side yard setback and the coverage.
Eric Frielink, 684 Ellington Road, son of the applicants, spoke as to the health issues of his parents and the need for accessibility. Mr. Frielink also said that he and his siblings are EMT volunteers and would like to be able to stay in town.
The hearing was carried to July 14, 2015 without further notice.
TIM AND SAMANTHA BAJRAKTARI – An application for the construction of a one story addition which will result in a total lot coverage by above grade structures of 21.7% where 20% is the maximum permitted at 257 Claremont Road, Block 2601, Lot 7, in an R-1 zone. Mr. and Mrs. Bajraktari were sworn. Mr.
Bajraktari explained the existing conditions and what is being proposed. Mr. Bajraktari stated that they would comply if the lot was conforming. Board members clarified the coverage being proposed and what the hardship is. There were no questions or comments from the public. Mr. Voigt made a motion to approve as proposed, Ms. Wilson seconded the motion, all members present voted yes.
Discussion: 657 Ridgewood LLC, 657 Franklin Turnpike – Mr. Whitaker explained that the Board received a revised site plan showing the reconfiguration and relocation of the handicap space. Mr. Whitaker said that the revised site plan needs to be approved as a condition of the resolution. Mr. Ranji made the motion to approve the revised site plan, Ms. Matthews seconded, all eligible members voted yes.
Resolution Memorialization: Zakian, 360 Spring Ave.
Lynch, 282 West End Ave.
Mr. Ranji said it was a pleasure working on the Board and that it was an honor to have worked with the Board members and appreciates how seriously the Board takes its responsibility.
Meeting was adjourned at 11:25 p.m.
Minutes submitted by: Jane Wondergem, Board Clerk
Date Approved: December 8, 2015
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