20160927 Zoning Board of Adjustment Minutes

Zoning Board of Adjustment - September 27, 2016

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:35 p.m.

Present:       Chairman Lehmann, Diana Ruhl, Gary Negrycz, Ines Bunza, Greg Brown and Jonathan Papietro. Also present was Bruce Whitaker, Esq., Board Attorney and Joseph Cerame, Esq., and Jane Wondergem, Board Secretary

Absent:         Alyssa Matthews, Sergio Alegre, Isaac Lebow

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.

Discussion: Bill Faasse, of Gensler Architects, on behalf of Capital One Bank, 10 Godwin Avenue attended the meeting. Mr. Faasse explained that the stone which was approved for the base of the new bank was no longer available as the quarry was out of business. Mr. Faasse brought a couple samples of cast stone and other lime stone, however, the Board members commented that the color was too different from what was proposed and asked Mr. Faasse to come back on October 11 with something closer to what was approved.

Public hearings

Old Business:

121 FRANKLIN AVENUE ASSOCIATES – An application to permit use of the property located at 121 Franklin Avenue, Block 2010, Lot 16, as a drive-through Starbucks Coffee Shop, and to permit construction of an addition to the existing one story building. The applicant requests use variance approval to sell products outside the confines of the building. Additional variances being requested include a side yard setback for parking spaces of 3.5 feet where 5 feet is the minimum required, and sign variances. The property is located in an R-2 zone. (Continued from September 13, 2016) Chairman Lehmann stated that the applicant was present for the sign variances only. Mr. James Delia, Esq., was present on behalf of the applicant and recapped what had been discussed regarding the signs at the September 13 meeting. Mr. Delia described the proposed pylon sign, the wall sign and the graphic sign and compared proposed signage to the existing signage of other businesses on Franklin Avenue. Mr. Delia lists the sign

variances as per Mr. Brancheau’s memorandum dated 7/20/16.

Board members had questions regarding sign illumination, the logo and the lettering.

Chairman Lehmann announced that the Verizon Wireless, 6 S. Monroe Avenue hearing was carried to October 25 without further notice.

David DelleDonne, architect, explained the difference between sign types and lighting. There was Board discussion regarding the wall sign and if it should be the logo or the lettering. The majority of the Board preferred        lettering, ‘STARBUCKS’ with up lighting. The letters will not be illuminated. There was further discussion regarding the color of the letters. The letters will be green or white.

Mr. Delia described the pylon sign. There was Board discussion regarding the diameter of the sign.

Mr. Delia distributed photos of the neighboring business and the signs.

Mr. Delia summarized the sign variances being sought: Maximum number of principle signs, maximum vertical dimension and height of lettering, no free standing sign unless building structure is located at least 40 feet from the street, maximum area of freestanding sign and the area of drive-up signs.

The hearing was closed. After Board deliberation, Ms. Bunza made a motion to approve as discussed. Mr. Negrycz seconded and 5 members voted yes and one member voted no.

PANICO – A request that the approval of variances for the property located at 152 Valley View Avenue be extended for a period of one year, through September 22, 2017. David Rutherford, Esq., was present on behalf of Joseph Panico. Mr. Negrycz made a motion to grant the extension of the variance to September 22, 2017, Ms. Ruhl seconded and all members voted yes.

BRENDAN AND CORINNE McHUGH – An application to permit the construction of a second floor addition which will result in Gross Building Area within 140 feet of the front lot line of 36.4%/3,823 square feet where 32%/4,060 square feet is the maximum permitted at 624 Shelton Road, Block 3308, Lot 4, in an R-2 zone. (Continued from August 9, 2016) David Rutherford, Esq., entered his appearance on behalf of the applicant. Kevin Martin, Architect, and Mr. McHugh were also in attendance. Mr. Rutherford made opening remarks and reviewed the variances being requested. Mr. Rutherford outlined the legal basis for an approval by the Board under MLUL 40:55D-70c.(1)(c) and explained the hardship because of the modular type home and the truss style construction. Mr. Rutherford recapped what is being proposed and the variances being requested. There were no Board questions and no questions or comments from the public. The hearing was closed. After Board deliberation Mr. Brown made a motion to approve as presented, Ms. Bunza seconded. All eligible Board members voted yes.

New Business:

TZOULAFIS – An application to permit the construction of a covered porch, two-story and second story addition which will result in coverage by above-grade structures of 22.5%/2,500 square feet, where 20%/2,250 square feet is the maximum permitted and coverage by above-grade structures within 140 feet of the front lot line of 23.4%/2,428 square feet, where 20%/2,100 square feet is the maximum permitted at the Property located at 426 Colonial Road, Block 3609, Lot 5, in an R-2 Zone. David Rutherford, Esq., entered his appearance on behalf of the applicant. Mr. and Mrs. Tzoulafis were also present. Mr. Rutherford described the property and existing conditions and the variances being requested. Michael Scro was sworn and his credentials as a professional architect were accepted. Mr. Scro distributed a photo packet, which was marked as Exhibit A-1. Mr. Scro described the property, existing conditions, what is being proposed and the variances. Mr. Scro went through the drawings he prepared and described what was proposed. Board members had questions regarding the gross building area and asked for clarification regarding the numbers and percentages. Mr. Scro described the existing floor plan and what is being proposed. The Board members had questions regarding the third floor. Mr. Scro explained that the third floor is storage only and is less than 7 feet in height. Board members had questions regarding the height of the house. There was discussion regarding the third floor and the height of the house. Board members asked for information regarding the heights of the neighbor houses. Mr. Rutherford reminded the Board that the applicant is not seeking a height variance.

The hearing was carried to October 11, 2016, without further notice.

ANGIOLINO – An application to permit the construction of a second floor addition and front portico which will result in front yard setbacks of 32 feet to the front steps, and 39 feet to the portico, where 40 feet is the minimum required and a distance of 9.83 feet to an accessory structure from the principal structure, where 12 feet is the minimum required for the Property located at 706 Ellington Road, Block 4606, Lot 24, in an R-2 Zone. Steven Angiolino and Barbara Bazarnicki, the applicants, were sworn. Mr. Angiolino explained that they prepared the plans with help from their contractor. Mr. Angiolino described what was being proposed and the variances being requested. Mr. Angiolino explained that the proposed changes would be comparable to other homes in the neighborhood. The Board members had questions regarding the hardship. Mr. Whitaker explained the hardship criteria. The Board had questions regarding the distance from the roof to the garage. The survey did not include all the

dimensions. Mr. Whitaker explained to Mr. Angiolino that if the Board approved the application and the dimensions were not correct they would need to start the process over. The applicants will have a new survey prepared with an overlay of what is proposed.

The hearing was carried to October 25, 2016 without further notice.

HALLOWELL – An application to permit the construction of a one-story addition and to relocate the rear steps which will result in a side yard setback of 17.5 feet, where 20 feet is the minimum required; coverage by above-grade structures within 140 feet of the front lot line of 20.8%, where 20% is the maximum permitted, and coverage by improvements of 50%/4,898 square feet, where 45%/ 4,410 square feet is the maximum permitted for the Property located at 126 Avondale Road, Block 1402, Lot 5 in an R-1 Zone. Roger Schlicht, architect, and Michael Hallowell, homeowner, were sworn. Mr. Schlicht distributed a photo packet he prepared which was marked as Exhibit A-1. Mr. Schlicht described the existing conditions and what is proposed. Mr. Schlicht explained the variances being sought and stated that the hardship is the deficient lot width and the position of the existing dwelling. There were no questions from the Board. Mr. Whitaker asked for clarification of the dimensions and the variances being requested. There were no questions or comments from the public. After Board deliberation Mr. Negrycz made a motion to approve the application as presented, Ms. Ruhl seconded and all members voted yes.

Meeting was adjourned at 10:29 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        October 25, 2016