Zoning Board of Adjustment - 20160209 - Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

FEBRUARY 9, 2016

Page 1

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:       Chairman Torielli, Diana Ruhl, Gary Negrycz, Jeffrey Voigt, Sergio Alegre, Ines Bunza and Greg Brown. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:         Hans-Jurgen Lehmann, Alyssa Matthews

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

Chairman Torielli announced that the Steve Kim and Hyun-Ju Kwak, 291 Highland Avenue, Block 2608, Lot 25, application was carried to March 8, 2016 without further notice.

Old Business:        

210 S. Broad Street LLC - An application to permit development for a medical office building which will result in side yard setbacks varying between 0 feet and 12 feet, where 0 feet or 12 feet is required; a floor area ratio of 54%, where 45% is the maximum permitted; coverage by improvements of 94%, where 90% is the maximum permitted; maximum illumination level at residential boundary of 0.5 to 1.0 foot-candle, where 0.1 foot-candle is allowed; 8 parking spaces proposed, where 30 parking spaces is minimum required; setback for parking area from side and rear lot lines varying from 0 feet to 4.5 feet, where 5 feet is the minimum required and setback for driveway from residential zone of 0 feet, where 10 feet is the minimum required at 210 South Broad Street, Block 3905, Lot 7, in a B-2 zone. (Continued from November 24, 2015) Charles Collins, Esq., was present on behalf of the applicant. Mr. Collins explained that when the applicant was in front of the Board in November there was an issue as to whether they belonged in front of the Planning Board or the Board of Adjustment. Mr. Collins stated that he had three witnesses in regards to that issue. William Bartlett, 338 Queens Court, was sworn. Mr. Bartlett and his family were the owners of 210 South Broad Street from 1967 until 1989 and used the building for their business, Suburban Associates. Mr. Bartlett explained what that business was and their usage of the basement, which included focus group rooms, a telephone center

and research facility. Mr. Bartlett testified as to the number of employees and clients and the parking situation. Mr. Bartlett stated that he and his family purchased the building from Curtis Engineering, who used the entire basement. Mr. Collins asked Mr. Bartlett if he was familiar with the use of the building after it was sold. Mr. Bartlett stated that the new owner widened the staircase to the basement, but he did not see the basement. Board members had questions of Mr. Bartlett regarding parking and the use of the basement.

Jordan Rosenberg was sworn and his credentials accepted as an architect. Mr. Rosenberg testified as to the existing conditions of the entire building, which had been occupied by an engineering firm. Mr. Rosenberg referred to photos he took in 2014 of the basement and the floor plan of the basement. This photo board was marked as Exhibit A-2. Mr. Rosenberg stated that with the exception of the mechanical room, the entire basement had been utilized by the business.

Brian Shortino, engineer, was previously sworn. Mr. Shortino reviewed his calculations regarding the existing floor area ratio of 61.1% and the proposed floor area ratio of 54.4% stating that the reduction is based on the proposed removal of the garage which was being used as part of the operations of the existing building. Board members had questions regarding when the garage was first used for business operations.

Mr. Collins presented a record of the realty appraisal company that conducted a revaluation of the Village of Ridgewood in 2000 which showed that only half of the basement was being used. This record was obtained by the Ridgewood Tax Assessor and marked as Exhibit A-3.

Mr. Whitaker explained to the Board members the issues they should consider when determining whether the applicant should be heard by the Zoning Board or the Planning Board, including the nonconformity aspect and abandonment of that use. The hearing was carried to April 12, 2016 without further notice.

GIOVANNI AND CARLA MERLINO – An application to permit construction of a two story and second story additions which will result in a front yard setback of 25.5 feet, where 40 feet is the minimum required; a side yard setback of 1.3 feet where 10 feet is the minimum required and a rear yard setback of 10 feet where 30 feet is the minimum required. The construction will result in a Gross Building Area of 37.7%/3,045 square feet, where 35%/2,856 square feet is the maximum permitted at 372 Wastena Terrace, Block 1804, Lot 7, in the R-2 Zone. (Continued from January 26) Douglas Radick, architect, was previously sworn. Mr. and Mrs. Merlino were also present. Mr. Radick described the revisions in the plans, stating that a side yard setback variance was eliminated. Mr. Radick described the property and the hardship. Two sets of photos of the property and the house were taken by Mrs. Merlino were distributed and marked as Exhibit A-1 and A-2. Mr. Radick described the photos and what was being proposed. Mr.

Radick reviewed the variances being requested. Board members had questions regarding percentage of above grade coverage and gross building area, what was included and the breakdown of the percentages.

Christine Arnold, 171 Kemah Road, expressed concern regarding the variances, impervious coverage and drainage issues.

Board members questioned the gross building area calculations and the applicant and Mr. Radick needed time to look at the calculations.

EILEEN R. PHELPS – An application to permit the construction of a new driveway, elimination of part of existing driveway, construction of an in ground pool and patio which will result in coverage by improvements of 48.2% where 40% is the maximum permitted and coverage by improvements within 140 feet of the front lot line of 43.7% where 40% is the maximum permitted at 242 Fairmount Road, Block 1604, Lot 3, in the R-1 Zone. This application was continued from January 26. David Rutherford, Esq. was present with the applicants, Mr. and Mrs. Phelps. Mr. Rutherford described the reductions made in the variance requests and Tracy Linton, Landscape Architect, testified regarding the changes made in the landscape plan, revised to February 4, 2016. The Board members had questions regarding the grass pavers and if they count as impervious coverage. Ms. Linton stated that they had an email from Peter Affuso, Engineering Aide for the Village, confirming that grass pavers do not count as impervious coverage. Jeff Egarian, Engineer, testified regarding the impact of the revisions to the plans. The Board members had questions regarding the existing patio. Mr. Rutherford said that the patio was done without approval by the previous owners. The Board members had questions regarding drainage. There were no questions or comments by the public. Mr. Rutherford made closing comments. After Board deliberation Mr. Voigt made a motion to approve the revised plans and Ms. Bunza seconded. All eligible members voted yes.

GIOVANNI AND CARLA MERLINO – The application was carried to March 8, 2016 without further notice.

New Business:

PILATES PLUS NJ, LLC – The applicant seeks a use variance from the provisions of Section 190-107(A) of the Ordinance to permit approximately 1,450 square feet of space in the building on the property to be used for fitness instruction, which is not a permitted use at 195 S. Maple Avenue, Block 4011, Lot 1, in an R-4 zone. David Rutherford was present on behalf of the applicant. Also present were Angela McCaffrey and Caitlyn DiRuggiero, for Pilates Plus; Dr. Cynthia Pattison, one of the owners of the property, and Lisa Phillips, Professional Planner. Mr. Rutherford explained that they were looking for a use variance and why the property is not suitable for the permitted use in the R-4

Zone. Angela McCaffrey was sworn and explained the Pilates method and her experience in owning and operating a Pilates studio in Montclair, and why she feels that this location would be appropriate for this use. Ms. McCaffrey testified regarding the use of the space and operational issues, explaining that the maximum number of clients at one time would be nine and one instructor. Ms. McCaffrey testified as to the days and hours of operation and parking issues, stating that the instructors will park off site. Board members had questions regarding the parking and number of clients. Ms. McCaffrey stated that the space would never occupy more than 9 ‘megaformer’ machines.

Dr. Cynthia Gilbert-Pattison was sworn. Dr. Pattison is a member of AELM, LLC, the entity that owns the property, and uses the balance of the building for a Pediatric Dental Association. Dr. Pattison testified regarding the hours of use of the Dental office and the parking situation, stating that the busy hours of her office are in the afternoon and that they use parking spaces at the garden apartments next to this property. Board members asked Dr. Pattison regarding their use of the property.

Lisa Phillips was sworn and her credentials as a Professional Planner were accepted by the Board. The architectural drawings, dated 12-11-2015, were marked as Exhibit A-1. Ms. Phillips presented a photo board which was marked as Exhibit A-2, and described the subject property and the surrounding properties. Ms. Phillips testified regarding the parking situation, the required number of parking spaces, and the suitability of the proposed use. Ms. Phillips stated that there would not be any detriment to the public good, and there is no way to make this building to comply. Board members had questions regarding the hours and parking and possible conflict with the dentist office. Dr. Pattison explained that they would only have one dentist working when the Pilates studio is open. Board members asked for clarification regarding the benefits and detriments of the proposed use.

There was discussion regarding conditions, stipulations and restrictions that could be imposed and that this application is specific to Pilates Plus NJ, LLC. Mr. Rutherford clarified the days and hours of operation. Board members asked about the proximity of homes in the area and noise. There were no questions or comments from the public. Mr. Rutherford made closing comments. The hearing was closed. After Board deliberation Mr. Negrycz made a motion to approve the application with the stipulation that if the hours or the Pilates use specified during the hearing changes they need to come back to the Board. Mr. Voigt seconded the motion and all eligible members voted yes.

Resolution memorialization:       The following resolutions were memorialized:    

                        Capital One Bank, 10 Godwin Avenue

                        Randolph Swickle and Andrea Klinger, 792 Bingham Road

                        Matthew and Jennifer Chou, 236 Richards Road

11:00 p.m. - Executive Session:  The Board voted to go into closed session.

Meeting resumed at 11:13 p.m.

Meeting was adjourned at 11:13 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        January 24, 2017