Zoning Board of Adjustment - 20160223 - Minutes

Zoning Board of Adjustment - February 23, 2016

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:       Hans-Jurgen Lehmann, Diana Ruhl, Gary Negrycz, Jeffrey Voigt, Sergio Alegre, and Ines Bunza. Also present was Ben Cascio, Esq., covering for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:         Chairman Torielli, Alyssa Matthews, Greg Brown

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:

Vice Chairman Lehmann announced that the GLOBAL SIGNAL ACQUISITIONS II, LLC, NEW CINGULAR WIRELESS PCS, LLC (AT&T), NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS, SPRINT SPECTRUM REALTY COMPANY, L.P. and T-MOBIL NORTHEAST LLC, 601 Franklin Turnpike, Block 4703, Lot 17, application was carried to March 22, 2016 without further notice.

Vice Chairman Lehmann announced that the IVY REALTY SERVICES, LLC application to permit construction of a new building for use as a bank at 121 Franklin Avenue, Block 2010, Lot 16, was withdrawn.

New Business:      

ELIZABETH AND ROBERT GIFFORD – An application to permit the construction of a two story addition which will result in a side yard setback of 16 feet where 20 feet is the minimum required for the property located at 161 N. Murray Avenue, Block 1811, Lot 16, in an R-125 Zone. Elizabeth Gifford, homeowner, and Richard Bouchard, Architect, were sworn. Mr. Bouchard testified as to the existing conditions and what was proposed, a storage area for pool equipment on the first floor and a master closet on the second floor. Mr. Bouchard explained that the odd shape of the lot and the topography creates a hardship. Board members asked about the setbacks and where the front and side yards were located. There were no questions or comments from the public and the hearing was closed. After Board deliberation, Mr. Negrycz made a motion to approve the application as presented, Ms. Ruhl seconded the motion and all members voted yes to approve.

ZACHARY GIDICH – An application to permit the construction of one story, two story and second-story additions which will result in front yard setback of 23.1 feet where 40 feet is the minimum required, total coverage by above-grade structures of 24.8% where 20% is the maximum permitted and a distance of 3.5 feet to the garage from the principal structure, where 12 feet is the minimum required for the property located at 584 Cliff Street, Block 1509, Lot 4, in an R-2 Zone. Zachary Gidich was present and sworn as homeowner and architect. Mr. Gidich distributed 2 pages of photographs which were marked as Exhibit A-1. Mr. Gidich described the photos and testified as to what was proposed. Board members had questions regarding the front yard setback and the cantilever. Board members asked for justification of the coverage variance and if it would be possible to reduce the coverage by above-grade structures. Mr. Gidich explained that reducing the addition decreases the functionality. After further discussion the hearing was carried to March 8, 2016 without further notice.

THOMAS AND LORI SCHMIDT – An application to permit the construction of first floor addition and re-configuration of existing rear open steps which will result in coverage by above-grade structures located within 140 feet of the front lot line of 20.77% where 20% is the maximum permitted, Gross Building Area of 26.5%/4,675 square feet where 29%/4,620 square feet is the maximum permitted and Gross Building Area within 140 feet of the front lot line of 32.8%/4,675 square feet where 29%/4,620 square feet is the maximum permitted. Construction will also result in total lot coverage of 45.16% where 40% is the maximum permitted and total lot coverage within 140 feet of the front lot line of 44.35% where 40% is the maximum permitted for the Property located at 326 Heights Road, Block 1907, Lot 14, in an R-1 Zone. Diana Ruhl recused herself from this hearing. Thomas and Laurie Schmidt, homeowners, and Roger Schlicht, architect, were sworn. Mr. Schlicht distributed a sheet of 4 photos which were marked as Exhibit A-1. Mr. Schlicht described the existing conditions and what was proposed. Mr. Schlicht explained that three of the variances were pre-existing and that the gross building area variance was de minimis. Mr. Schlicht stated that the Historic Preservation Commission recommended approval of the application. Board members asked about the impact on the neighbors. Mr. Cascio referred to prior resolutions regarding this property and marked them as Exhibits B-1 and B-2. There were no questions or comments from the public. The hearing was closed. After Board deliberation Mr. Voigt made a motion to approve the application as proposed, Mr. Alegre seconded the motion and all members voted yes to approve.

ROBERT WUNDER - An application to permit the construction of a two-story and second story addition which will result in a building height of 34 feet, where 30 feet is the maximum permitted; side yard setback of 14 feet, where 22.7 feet is the minimum required; total coverage by improvements of 42.8%, where 40% is the maximum permitted and total coverage by improvements within 140 feet of the front lot line of 41.5%, where 40% is the maximum permitted for the Property located at 78 North Pleasant Avenue, Block 3502, Lot 6, in an R-1 Zone. Diana Ruhl and Sergio Alegre recused themselves from this hearing. Robert Wunder, homeowner, and Roger Schlicht, architect, were sworn. Mr. Schlicht distributed a page of photographs which were marked as Exhibit A-1, and described the photos. Mr. Schlicht described the existing conditions and what was proposed. Mr. Schlicht testified as to the variances and described the floor plan and the elevations. Mr. Schlicht described the side addition to the garage which did not create any additional variances. There was testimony as to patio and landscape steps to be removed. Mr. Schlicht referred to a prior resolution from 2011 which was marked as Exhibit A-2. Board members asked questions about the landscaping and the circular driveway. Mr. Wunder explained that his parents are handicapped and the circular driveway is beneficial to them. Board members asked about the landscaping, which Mr. Schlicht and Mr. Wunder agreed to plant along the neighbor’s property. Board members asked about the hardship, Mr. Schlicht explained that the height is a pre-existing variance and not being exacerbated. The other variances are due to the location of what is already exists and also not being exacerbated. There were no questions or comments from the public. The hearing was closed. After Board deliberation Mr. Negrycz made a motion to approve the application as proposed, Mr. Voigt seconded the motion and all members voted yes to approve.

The discussion regarding Capital One Bank, 10 Godwin Avenue, was postponed until Mr. Whitaker was present.

The meeting was adjourned at 9:10 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        January 24, 2017