20230425 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

April 25, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:07 p.m.

 

Present:  Greg Brown, Matthew Bandlet, Gary Negrycz, Diana Ruhl, Michael Pickholz, Jonathan Papietro, Jason Curreri, Harold Maxwell and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner; Chris Piersa, Village Engineer, and Jane Wondergem, Board Secretary.

 

Absent:  Gary Negrycz and Diana Ruhl were absent.

 

Minutes:          The minutes from April 11, 2023 were adopted.

 

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.

           

Public hearings

 

Mr. Brown announced the following:

 

The Noah, 703 Midwood Road, application was withdrawn without prejudice.

Kaptain, 645 Hillcrest Road, was carried to June 27, 2023 without further notice.

Pollard, 679 Ellington Road, was carried to May 9, 2023 without further notice.

ELRAC, LLC/Enterprise Rent-a-Car, 545 N. Maple Avenue, was carried to May 23, 2023 without further notice.

 

Old Business:

 

CY CORNERSTONE, LLC – An application for use variance approval to allow the vacant first floor space to be utilized as a nail salon, and for approval to allow any other commercial use which is permitted in the B-2 Zone at 848 East Ridgewood Avenue, Block 4203, Lot 5, in an R-2 Zone. (Continued from April 11, 2023 without further notice)

 

James Delia, Esq., was present with the applicant, Mr. Cho. Mr. Delia went over the Select B-2 Use exhibit.

 

Following Board discussion, it was decided to vote on the nail salon use. There were no questions from the Board. There were no questions or comments from the public.

 

The Board voted to approve the nail salon use.

 

The Board deliberated regarding if other uses should be permitted. Board members asked what the hardship was. Mr. Delia said it was not hardship, but suitability for the d variance. Mr. Delia explained that the property had been a mixed use for decades, yet the space had been vacant for 6 months due to the need to go before the Board.

 

There were no questions or comments from the public.

 

The Board voted to allow the list of approved uses to be expanded.

 

The Board reviewed the exhibit showing the select B-2 uses. Following discussion by the Board, several of the uses on the list were eliminated, including all food services and most retail uses. The approved uses were primarily service uses.

 

There were no questions or comments from the public.

 

The Board voted to allow the uses discussed.

 

MICHAEL & JULIE KANTROWITZ – An application to permit the construction of an addition, reconfigure and relocate pool house patio, removal of existing detached garage and removal of existing covered porch, walkway and steps which would result in gross building area within 175 feet of the front lot line of 23.2%, where the maximum permitted is 20% at 126 S Hill Road, Block 1907, Lot 4, in an R110 Zone. (Continued from February 28, 2023 without further notice)

 

Gail Price, Esq., entered her appearance.

 

Vincent Falotico, architect, was previously sworn and testified regarding the drawings he prepared, marked as Exhibit A-4, and the revisions made. Mr. Falotico explained how the gross building area was reduced.

 

Board members asked if any alternate plans which conformed were considered.

 

There were no questions from the public.

 

D. J. Egarian was sworn and his credentials as a civil engineer accepted. Mr. Egarian testified regarding the site plan, revised to April 14, 2023, which were marked as Exhibit A-5. Mr. Egarian explained the modifications and the coverages which had been reduced. Mr. Egarian described the irregular lot and said the existing garage would be demolished.

 

Board members asked about the playset and shed which were not on the site plan. Ms. Price said the playset is being donated to the school and the shed is on the site plan. Board members asked about the address, which should be 126 S Hill, not 126 South Hill. Ms. Price said the USPS recognizes both.

 

Board members questioned the hardship, which the planner would address.

 

There were no questions from the public.

 

George Williams was sworn and his credentials as a professional planner accepted. Mr. Williams testified that he reviewed the Master Plan, site plan, architectural drawings and case law.

 

Mr. Williams described the unique shape and size of the lot and stated the proposed changes were compliant with all setback requirements and that there would be no negative impact on the surrounding area.

 

Mr. Williams submitted a photo packet, which was marked as Exhibit A-6, which included aerial maps. Zoning map and photos of the property.

 

Mr. Williams identified the hardships and explained how the benefit outweighed the detriment.

 

Mr. Barree asked about the character of the neighborhood. Mr. Williams said that it is mixed.

 

Mr. Whitaker explained the purpose of the coverage limits within the 175-foot setback. Some Board members did not see the hardship with such a large lot. Mr. Williams said that if the lot was rectangular they would have more area to the rear and less within the 175-foot setback.

 

Board members asked about the public benefit. Mr. Williams said the benefit is the reduction of improvement coverage by removing some of the driveway and demolishing the garage, which is built on the property line.

 

Public comment:

 

Daniel Lang, 366 Heights Road, was sworn and spoke in support of the application.

 

Jared Malbin, 127 S Hill Road, was sworn and spoke in support of the application.

 

John Misevski, 120 S Hill Road, was sworn and spoke in support of the application.

 

Tatiana Constantinople, 315 Wastena Terrace, was sworn and spoke in support of the application.

 

Darryl Drenth, 132 Waiku Road, was sworn and spoke in support of the application.

 

Danielle Chudy, 408 Wastena Terrace, was sworn and spoke in support of the application.

 

John Kivitt, 411 Wastena Terrace, was sworn and spoke in support of the application.

 

Ms. Price recalled Mr. Williams and asked him to respond to the public testimony. Mr. Williams stated that the testimony from the public showed that there is no substantial detriment to the public good by what is proposed and how it will be an improvement.

 

There were no further questions from the Board or from the public.

 

Ms. Price made closing remarks.

 

Following Board deliberation Mr. Brown made a motion to approve, Mr. Pickholz seconded and the application was approved.

 

New Business:

 

 

ALEXANDER MORDKOVICH – An application to permit a swing set to remain in the front yard, where it is not permitted at 320 Wastena Terrace, Block 1813, Lot 3, in an R-2 Zone.

 

Alexander Mordkovich, homeowner, was sworn and testified that due to the shape and size of the lot and the slope in the back yard, he could not put the structure in the back yard. Mr. Mordkovich said it would not be safe in the backyard according to the specification of the play set.

 

Board members asked about the dimensions and how far it was from the front and side property lines. Mr. Mordkovich was not sure. The Board said they could not review the application without more information.

 

Mr. Whitaker said the applicant needed to demonstrate that there is no way to put the structure in the rear yard and that financial hardship is not something the Board can consider.

 

The Board discussed if they would consider approving the structure in the front yard even if they had more information and the consensus was that they would not.

 

There were no questions from the public.

 

Public comment:

 

Robert Grinch, 221 Kemah Road, was sworn and commented on the work being done without permits and that it does not belong in the front yard.

 

Darryl Drenth, 132 Waiku Road, was sworn and said that no other homes have a play set in the front yard and it does not belong there.

 

John Kivitt, 411 Wastena Terrace, was sworn and commented that the playset was an eyesore in the neighborhood.

 

Danielle Chudy, 408 Wastena Terrace, was sworn and commented that no other playsets were in front yard and that she didn’t want to see it start to happen more.

 

Alexandra Canetti, 425 Wastena Terrace, was sworn and asked the Board to deny the application.

 

The hearing was closed. Following Board deliberation Mr. Brown made a motion to deny, Mr. Curreri seconded, and the application was denied.

 

KELVIN & JEN CHAN – An application to permit the construction of a second story addition which would result in a front yard setback of 26.51 feet, and a one story addition which would result in a front yard setback of 31.16 feet, where 40 feet is the minimum required at 664 Wyndemere Avenue, Block 3504, Lot 4, in an R-2 Zone.

 

Jennifer Chan, homeowner, was sworn and testified regarding the proposed addition and the variances being requested.

 

Board members asked about the hardship. Ms. Chan could not answer and the hearing was carried to May 23, 2023 without further notice so Ms. Chan could retain representation.

Resolution Memorialization:           The following resolution was memorialized:

-        Weidner/Lewis – 96 Lawrence Court, Block 1510, Lot 20

 

Discussion:    Traffic Engineering Consultant proposal – The Board discussed the proposal from Neglia and voted to move forward to use them as Traffic Engineering Consultant to the Board.

 

The meeting was adjourned at 10:25 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:   May 9, 2023