Board of Adjustment - December 8, 2015

Board of Adjustment - December 8, 2015

MINUTES

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:40 p.m.

Present:       Chairman Torielli, Diana Ruhl, Hans Lehmann, Jeffrey Voigt, Alyssa Matthews, Sergio Alegre, Ines Bunza and Greg Brown. Also present were Bruce Whitaker, Esq.; Board Attorney and Jane Wondergem, Board Secretary.  

Absent:        Gary Negrycz        

Approval of Minutes: The minutes from June 23, 2015 and November 24, 2015 were approved as drafted.

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

Old Business:

Chairman Torielli announced the postponement of Steve Kim and Hyun-Ju Kwak, 291 Highland Avenue, which was carried to January 26, 2016 without further notice.

JUSTIN AND CHRISTIE HARRIS – An application to permit the construction of ground floor and first floor additions which will result in coverage by above grade structures within 140 feet of 23.7%/2488 square feet where 20%/2100 square feet is the maximum permitted and maximum Gross Building Area within 140 feet of 33.38%/3505.5 square feet where 32%/3360 square feet is the maximum permitted at 345 Franklin Turnpike, Block 2901, Lot 16, in an R-2 zone. (Continued from November 10, 2015) David Rutherford, Esq., was present with Mr. Harris and Jordan Rosenberg, architect, who were previously sworn. Mr. Rosenberg described the changes in the plans, revised to 11/24/15. Mr. Rosenberg explained the revised plans reflect a reduction in the size of the deck and the proposed study on the first floor was eliminated. Proposed coverage by above grade structures within 140 feet was reduced to 21.8% where 20% is the maximum permitted. Gross building area within 140 feet was reduced to 33% where 32% is the maximum permitted. The Board members asked for

clarification of the hardships. Mr. Rutherford explained that with this style of home every square foot is included in the gross building area calculation and the oversized nature of the lot. Board members asked about the pitch of the gables and the applicant said they would be willing to revise the pitch if needed. There were no questions or comments from the public. After deliberation, Mr. Lehmann made a motion to approve the revised plans, Ms. Matthews seconded, and all Board members voted yes.

257 East Ridgewood Avenue, LLC, 253-257 East Ridgewood Avenue, Ms. Matthews made a motion to carry this matter to April 13, 2016 without further notice, Mr. Lehmann seconded and all members voted yes.

New Business:

ROCCO ANGELO AND CINTHYA HERRERA - An application to allow to remain a 5.8 feet tall, solid vinyl fence, in the front yard, where 4 feet and not more than 60% solid is permitted at 490 South Pleasant Avenue, Block 4401, Lot 28, in an R-2 zone district. Mr. Angelo and Ms. Herrera were sworn. Mr. Angelo explained that they were not aware that the fence was not permitted and Mr. Whitaker said that the fact that the fence is already installed is not part of the decision of the Board. Mr. Angelo said the reasons they installed this type of fence is that they have two small children, it is a corner lot, there are no sidewalks, South Pleasant Avenue is a busy street and there is a school across the street. Board members asked about the height of the fence in the rear of the property as it appears higher. Mr. Angelo explained that the fence is the same height but it is on top of a retaining wall. Board members asked if the applicant would be willing to lower the fence at the rear of the property and plant six foot bushes to hide the fence. There were no questions or comments from the public. After Board deliberation,   Mr. Voigt made a motion that the Board allow the fence to remain on the north, south and east sides of the property, but the fence on the west side of the property needs to be at the same height as the rest of the fence, whether the applicant moves the fence below the retaining wall or puts a three foot fence on top of the retaining wall. The motion to approve also stipulates that the applicant will plant shrubbery along the outside of the fence on the southern, eastern and northern sides. Mr. Lehmann seconded the motions and all Board members voted yes.

JAMES AND DENISE O’MALLEY –  An application to permit the construction of a two-story addition and expanded front entrance which will result in total coverage by above-grade structures of 22.3%, where 20% is the maximum permitted, total coverage by above-grade structures  within 140 feet of the front lot line of 22.3%, where 20% is the maximum permitted and gross building area within 140 feet of the front lot line of 36.8% and 3,094 square feet, where 34% and 3,360 square feet is the maximum permitted at 320 North Van Dien Avenue, Block 3208, Lot 12 in an R-2 zone district. Mr. and Mrs. O’Malley and Rocco Orlando, Architect, were sworn. Mr. Orlando described the existing conditions and what is proposed explaining that the variances being requested are due to an undersized lot. Board members asked about the height of the attic, Mr. Orlando said the whole attic is less than 7 feet. There were no questions or comments from the public. After Board deliberation, Mr. Lehmann made a motion to approve the application; Mr. Alegre asked if the Board would stipulate that the attic would only be used for storage. There was some Board discussion and the applicant asked for clarification regarding that stipulation. After a brief recess for the applicant to discuss the issue with the architect, Mr. Lehmann took back his motion. Mr. Voigt made a motion to approve the application with the stipulation that the attic only be used for storage, Mr. Alegre seconded, and all Board members voted yes.

PAUL RICCI – An application to permit the construction of a two-story addition which will result in a side yard setback of 7.2 feet where 22.6 feet is the minimum required, total coverage by above-grade structures of 20.5% where 20% is the maximum permitted and total coverage by above-grade structures located within 140 feet of the front lot line of 21.5% where 20% is the maximum permitted 155 Brookside Avenue, Block 4010, Lot 12, in an R-1 zone district. Mr. Ricci and Jordan Rosenberg, Architect, were sworn. Mr. Rosenberg said that this application was reviewed by the Historic Preservation Commission, who recommended approval of the proposed improvements. Mr. Rosenberg described the existing conditions and what is proposed, explaining that the subject property is a corner lot and has a non-conforming lot width. There were no questions from the Board and no questions or comments from the public. Mr. Voigt made a motion to approve the application as presented, Mr. Lehmann seconded and all Board members voted yes.

FLORIAN WEISPFENNING AND JILL WILLIAMS – An application to permit the construction of a one-story and two-story addition which will result in coverage by above-grade structures within 140 feet of the front lot line of 21.23%, where 20% is the maximum permitted and coverage by improvements within 140 feet of the front lot line of 43.76%, where 40% is the maximum permitted at 763 Upper Boulevard, Block 1405, Lot 3, in an R-1 Zone. Mr. Weispfenning, Ms. Williams and Xiomara Paredes, Architect, were sworn. Ms. Paredes said that the maximum coverage by improvements on the zoning chart distributed to the Board was a larger area than it should be and she distributed the revised chart, which was marked as Exhibit A-1. The maximum coverage by improvements within 140 feet will be 41.95% where 40% is the maximum permitted. Ms. Paredes described the existing conditions and explained what is being proposed and the variances being requested.  Ms. Paredes said the first hardship is the topography. Ms. Paredes distributed a copy of the zoning map and a photo taken from Zillow, which was marked as Exhibit A-2, to explain the second hardship which is the size of the property and that they are counting the first 140 feet. Ms. Paredes distributed an aerial view of the neighborhood, marked as Exhibit A-3, and a sheet of two photos of the property, marked as Exhibit A-4. Ms. Paredes described the property and the neighboring area and went over the proposed floor plan and elevations. Board members asked about the location of the pool equipment, Ms. Williams said it was being moved next to the pool. There were no questions from the public.

Barbara Eisen, 762 Upper Boulevard, neighbor across the street, said that she will not see any change in the streetscape as the proposed addition will be at the rear of the house and she supports the application.

Ms. Ruhl made a motion to approve, Mr. Lehmann seconded, and all members voted yes.

Discussion: Kane, 959 Andover Terrace – Mr. Lehmann said that the Site Plan Committee met and reviewed the revised drawing for the widening of the driveway and that it complies with what was discussed during the hearing. The Board accepted the Committee’s recommendation.

Meeting was adjourned at 9:46 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       January 12, 2016