20160308 Zoning Board of Adjustment - Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

MARCH 8, 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:       Chairman Torielli, Hans-Jurgen Lehmann, Gary Negrycz, Jeffrey Voigt, Sergio Alegre, Greg Brown and Ines Bunza. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:         Diana Ruhl, 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 RUBY NASKIEWICZ, 239 Brookside Avenue, Block 4107, Lot 7, application was carried to April 26, 2016 with notice.

Chairman Torielli announced that the KURT HEDDEN, 24 Ethelbert Place, Block 2209, Lot 10, application was carried to March 22, 2016 without further notice.

Old Business:

STEVE KIM AND HYUN-JU KWAK – An application to permit the construction of a second story addition which will result in Gross Building Area of 31.19% where 29% is the maximum permitted at 291 Highland Avenue, Block 2608, Lot 25, in an R-1 zone.           This hearing was carried from February 9. Mr. Lehmann recused himself from this hearing. Charles C. Collins, Esq. entered his appearance for the applicant. Lenny DiTomaso, Landscape Architect, was sworn. Mr. Collins distributed a packet with the Landscape Architects drawing and renderings which was marked as Exhibit A-3. Mr. DiTomaso described how the proposed landscaping would address the concerns of the neighbors in regards to screening showing renderings of various perspectives. The Board members had questions regarding the accuracy of the renderings. Mr. DiTomaso explained how the renderings were prepared by computer.

Sean Moronski, previously sworn as a Professional Planner, stated that his previous testimony that the variance being requested could be granted as a C-2 variance was reinforced by the testimony of Mr. DiTomaso. There were no questions from the Board or the public.

After Board deliberation Mr. Negrycz made a motion that the application be approved with the stipulation that the new façade of the enclosed terrace will match the existing stucco and that the landscaping will be installed as per the testimony of Mr. DiTomaso. Mr. Voigt seconded the motion and all eligible Board members voted yes.

GIOVANNI AND CARLA MERLINO – An application to permit the 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 an R-2 Zone. (Continued from February 9, 2016) Ms. Merlino and Doug Radick, Architect, were present. Mr. Radick described the revisions and reductions he made to the proposed additions. The Board members asked for clarification regarding the breakdown of the numbers. There were no questions or comments from the public. After Board deliberation Mr. Voigt made a motion to approve the plans revised to 2/25/16. Mr. Negryz seconded the motion and all eligible Board members voted yes.

CAPITAL ONE BANK, 10 Godwin Avenue – James L. Lott, Jr., Esq., Attorney on behalf of Capital One Bank was present. Matt Wolfe, Architect, was sworn. Mr. Wolfe distributed a site plan, marked as Exhibit A-1, and explained that no changes were being proposed for the footprint or interior of the building. The proposed amendment is to the drive-thru area only. Mr. Wolfe described the proposed changes to include removing the drive up teller window at lane #1 and replacing it with a drive up wall mounted ATM; replacing the vacuum tube teller station at lane #2 with an ATM pedestal and removing the ATM vacuum tube teller station at lane #3, making it a drive aisle only. Mr. Wolfe presented an elevation drawing which was marked as Exhibit A-2. There were no questions from the Board members. There were no questions or comments from the public. After Board deliberation Mr. Negrycz made a motion to accept the proposed minor site plan modifications as presented, Mr. Lehmann seconded the motion. All Board 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 23% 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. (Continued from February 23, 2016) Chairman Torielli recused himself from this hearing. Mr. Gidich was previously sworn as homeowner and architect. Mr. Gidich described the changes made to reduce the coverage by above grade

structures. Mr. Gidich reviewed the variances being requested. The Board members had questions regarding the cantilever and clarification of the square footage of coverage by improvements. Mr. Gidich stipulated that the patio will not exceed 787 square feet. There were no questions or comments from the public. After Board deliberation Mr. Voigt made a motion to approve the proposed plan with the discussed stipulations. Mr. Alegre seconded the motion and all eligible Board members voted yes to approve.

New Business:      

430 BOGERT AVE, LLC – An application to permit the construction of a two-story addition which will result in a front yard setback of 32.4 feet, where 40 feet is the minimum required; a rear yard setback of 19.7 feet, where 30 feet is the minimum required; coverage by above-grade structures of 23.5%, where 20% is the maximum permitted and a Gross Building Area of 42.2%/2,537 s.f., where 35%/2,856 s.f. is the maximum permitted at 430 Bogert Avenue, Block 3001, Lot 11, in an R-2 Zone. Ali Jaloudi entered his appearance as homeowner and attorney. Daniel D’Agostino was sworn and accepted as a professional architect. Mr. D’Agostino described the existing conditions, what was proposed and the variances being requested. The set of architectural drawings dated Oct.03.2015 and revised to 02.12.2016 was marked as Exhibit A-1. Mr. D’Agostino went through the plans explaining that the proposed improvements do not show an expansion on the structure left and right or front to back. Mr. D’Agostino went over the floor plans and the variances being requested as well as the existing non-conformities due to the undersized lot. The Board members had questions regarding the style and size of the proposed dwelling and if it fits with the neighborhood. Board members asked for clarification of the numbers and how they relate to the other similar lots in that neighborhood. There were no questions from the public. Public comments: Ryan McWilliams, 431 Bogert Avenue, was sworn and stated that he thought the living space being proposed was excessive and asked if they had considered decreasing the square footage by decreasing the footprint of the second story. Melanie McWilliams, 431 Bogert Avenue, was sworn and stated that she is please that someone wants to fix the home on that property but that what is proposed is too much for that lot and it does not fit in the neighborhood. Keith Bucalo, 431 Fairfield Avenue, was sworn and stated that he lived behind the subject property, and was concerned about the closeness of the home and how what is proposed seems much bigger and overbearing. Ainslie Gage, 427 Bogert Avenue, was sworn and stated that she agrees with her neighbors and that the proposed house is too big and too square. Carol Recchia, 442 Bogert Avenue, was sworn and stated that most of the houses on Bogert Avenue were of a similar size and that this was more massive and that the sunlight that affects her house would be jeapordized.

Chairman Torielli asked the applicant if they had considered landscaping as a buffer. Mr. D’Agostino said they had not and in this case it might make the lot

look smaller and that by the comments made it would not make a difference. The Board members suggested that the applicant take another look at the scale of the homes in the area.

Abe Jaloudi, owner of the property, was sworn and stated that he spoke with the neighbors and understands their concerns. Mr. Jaloudi said he wanted to proceed and would make certain stipulations. Chairman Torielli and Mr. Whitaker explained that if they made changes new plans would need to be submitted. After further discussion the hearing was carried to April 26, 2017 without further notice.

Resolution memorialization: The following resolutions were memorialized:    

-       Phelps, 242 Fairmount Road

-       Gifford, 161 N. Murray Avenue

-       Schmidt, 326 Heights Road

-       Wunder, 78 N. Pleasant Avenue

A motion was made to go into closed session to discuss pending litigation at 9:49 p.m..

The meeting resumed at 10:26 p.m.

Meeting was adjourned at 10:27 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        April 25, 2017