20170411 - Zoning Board of Adjustment - Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

APRIL 11, 2017

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:36 p.m.

Present:       Chairman Lehmann, Gary Negrycz, Sergio Alegre, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:         Diana Ruhl, Alyssa Matthews, 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.

Public hearings

Chairman Lehmann announced that the ENID JOSEPH, 683 East Ridgewood Avenue, Block 3614, Lot 8, application was carried to April 25, 2017 without further notice.

Old Business:

PATRICK & DONNA WARREN – An application to permit the construction of a covered porch, a second floor dormer, two-story addition and new detached garage which will result in a front yard setback of 28.13 feet to the porch, where 40 feet is the minimum required; a side yard setback of 5.1 feet to the dormer, 6.12 feet to the chimney and 7.88 feet to the addition, where 10 feet is the minimum required; coverage by above-grade structures of 25.1% and coverage by above-grade structures within 140 feet of the front lot line of 25.97%, where 20% is the maximum permitted at 162 Hope Street, Block 4007, Lot 17, in an R-2 zone. (Continued from February 14, 2017) (Carried from March 14, 2017) David Rutherford, Esq., and Jordan Rosenberg, Architect, were present with Donna Warren. Mr. Rutherford described the reductions in the plans, revised to March 1, 2017. Mr. Rutherford stated that the side yard setback variances on the south side of the home had been eliminated by no longer proposing a dormer and moving the addition to 10 feet from the property line. Mr. Rutherford said that no variance is required for the driveway and that coverage by above-grade structures had been reduced by 214 square feet by reducing the size of the addition, the front porch, the rear deck and stairs and the garage. The Board members asked what the hardship was for this request and Mr. Rutherford stated based on the sub-standard property width and based upon the location of the

existing home and existing front yard setback, the Board could grant variance relief pursuant to both N.J.S.A. 40:55D-70(c) (1) (a) and (c) (1) (c). There were no questions or comments from the public. After Board deliberation, Mr. Negrycz made a motion to approve the application based on the revised plans, Ms. Bunza seconded the motion and all eligible members voted yes.

New Business:

EDWARD & JEANINE BERRY – An application to permit the construction of a front entryway which will result in a front yard setback of 34+/- feet, where 40 feet is the minimum required at 460 Summit Street, Block 1510, Lot 3, in the R-2 Zone. (Carried from March 14, 2017) Edward and Jeanine Berry were sworn and testified as to the proposed front entryway which would enable them to be able to open the front door completely. The Board members had concerns about the existing front steps and how the proposed entryway would affect them. Ms. Berry stated that the steps would go to the side and would not encroach any further into the front yard. There was discussion regarding the setback, the stair configuration and what the hardship is. There were no questions or comments from the public. After Board deliberation Mr. Brown made a motion to approve the application conditional upon the submission of a drawing with review by the Site Plan Condition for an entryway which will be four feet deep by five feet wide. Ms. Bunza seconded the motion and five members voted yes, one member voted no.

YOO JUNG GESSMAN – An application to permit the construction of a second story addition and a new front porch and steps which will result in a front yard setback of 27 feet to the steps and 32 feet to the porch, where 40 feet is the minimum required; coverage by above-grade structures of 21.6%, where 20% is the maximum permitted and gross building area of 35.6%, where 34% is the maximum permitted at 432 Smith Place, Block 1703, Lot 38 in the R-2 Zone. (Carried from March 14, 2017) John Musinski, Architect, was sworn. Mr. Musinski was present on behalf of the applicant and described the existing conditions and what was being proposed as well as the variance relief being requested. The Board members asked about the hardship and Mr. Musinski said that due to the location of the existing home there was no space for the porch to maintain a 40 foot setback and the lot is undersized. There were questions regarding what was covered in gross building area and lot coverage. The Board members discussed the size and massing of the structure. Mr. Musinski will discuss the Board members’ concerns with the applicant. The hearing was carried to May 9, 2017 without further notice.

RAY SAHIN - An application to permit replacement of the existing deck which will result in a rear yard setback of 26.5 feet, where 30 feet is the minimum required at 555 Emker Terrace, Block 1701, Lot 23, in an R-2 Zone. The applicant bifurcated the application and is being heard regarding the deck only. The

applicants, Ray Sahin and Yuhsiu Lai, were sworn. Mr. Sahin explained that they want to rebuild the deck within the same footprint, and using the existing footings, but with different material. Mr. Sahin presented photos he took of his house and the existing deck which were marked as Exhibits A-1, A-2 and A-3. Mr. Sahin said that they are proposing to level the ground below the deck and put a patio there. Chairman Lehmann said that the patio is not shown on the plans and that the Board is hearing testimony only regarding the deck. The Board members asked for clarification regarding the dimensions of the deck and the footings. There were no questions or comments from the public. After Board deliberation, Mr. Brown made a motion to approve the proposed deck only and Ms. Bunza seconded the motion and five members voted yes, one member voted no.

LADISLAV SEBESTYAN – An application to permit the construction of a shed which will result in a side yard setback of 4 feet, where 5 feet is the minimum required at 967 Hillcrest Road, Block 1201, Lot 9 in the R-1 Zone. Mr. Sebestyan was sworn and testified that the new shed was constructed with all the proper permits. The footings were put at four feet from the property line in error by the contractor. Chairman Lehmann explained that the Board hears the application as if the shed was not there. Board members had questions regarding what was approved by the Building Department and what had been inspected. There were questions regarding the contractor. There were no questions or comments from the public. After Board deliberation, Mr. Negrycz made a motion to deny the application. Chairman Lehmann seconded the motion, four members voted yes to deny and two members voted no.

PENG AND YUAN LI – An application to permit the widening of an existing driveway to 16 feet, where 14 feet is the maximum permitted at 425 Smith Place, Block 1704, Lot 3. The Property is in an R-2 zone. Mr. Li was sworn and testified as to the need for widening the front portion of the driveway due to the narrowness of the existing driveway and the shape of the lot. The Board members asked why they could not park behind the house, Mr. Li explained that the back yard is lower and there is a retaining wall and a large tree which makes it difficult to maneuver. There were no questions or comments from the public. After Board deliberation, Mr. Alegre made a motion to deny the application. Mr. Papietro seconded the motion and all members vote yes to deny.

Meeting was adjourned at 10:06 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        April 25, 2017