Zoning Board of Adjustment 20170425

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

APRIL 25, 2017

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, Gary Negrycz, Diana Ruhl, Alyssa Matthews, Sergio Alegre, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:         Isaac Lebow

Approval of Minutes:         The minutes from March 8, 2016, March 22, 2016 and April 11, 2017 were approved.

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:

ENID JOSEPH – An application to permit the construction of an attached garage addition which will result in a front yard setback of 15.3 feet, where 45 feet is the minimum required at 683 East Ridgewood Avenue, Block 3614, Lot 8, in an R-1 Zone. This application was continued from February 14, 2017. Ms. Joseph was present and she testified, describing the floor plan of the house and the benefit of the proposed attached garage. The Board members had questions regarding other viable options for a garage on the property. Ms. Joseph explained that this option caused the least disturbance to the property and said that this option was the safest. Board members questioned if the burden of proof had been met. There were no questions or comments from the public. While the Board members deliberated Ms. Joseph requested an adjournment. The matter was carried to May 23, 2017 with no further notice required.

New Business:

NEW CINGULAR WIRELESS PCS, LLC – An application to amend the Resolution approving a temporary 75 foot pole with antennas at the top and related equipment at the base of the pole to extend the time of removal from May 31, 2017 to May 31, 2018 at 490 Route 17, Block 4703, Lot 11, in an OB-2 zone. Judith Fairweather, Esq., was present on behalf of New Cingular Wireless. Ms. Fairweather explained that an extension of time was being requested in regards to the temporary cell tower as they were still waiting for approvals from government agencies to begin work on the permanent cell tower. A motion was made by Mr. Negrycz to approve the extension of time through January 10, 2018, Ms. Bunza seconded the motion and all members voted yes. The applicant is to continue to send monthly progress updates.

JEFFREY MORIN – An application for a use variance for the approval of a Hot Yoga studio in the B-1 Zone at 33 Godwin Avenue, Block 2205, Lots 4 & 5. Chairman Lehmann recused himself from this hearing. Charles Collins, Esq., entered his appearance on behalf of the applicant. Jeffrey Morin was sworn. Mr. Morin described the proposed use, stating that he has 4 other hot yoga studios and has been operating hot yoga studios for five years. Mr. Morin described the prior use, Pizza Fusion, which he operated in that location for more than 8years. Mr. Morin described the hours of business, staff, occupancy and parking for the prior use and for the proposed use. Mr. Morin described the hours of the yoga classes and said that there would be a maximum of 2 employees and 24 clients at each session. Mr. Morin described the parking situation, stating that there are 10 dedicated spaces and 36 shared spaces in the rear parking lot as well as street parking. The Board members had questions regarding the number of classes and the length of the classes and what time the studio would open and close. Mr. Morin stated that the studio would be closed in between classes. The Board had questions regarding the parking.

Lisa Phillips was sworn and accepted as a Professional Planner. Ms. Phillips testified regarding the proposed use compared with what is permitted for this location. Ms. Phillips stated that there is nothing detrimental about the proposed use and that there are other yoga and dance studios in town in a B-1 zone district which do not provide parking. Ms. Phillips stated that this site is suited to the proposed use. Ms. Phillips displayed photos, which were marked as Exhibit A-1 of the existing conditions on the property. The Board members asked where this use would be permitted and Ms. Morin said in the B-2 zone, which is across the street from the subject property, and the C zone. Mr. Whitaker asked if the applicant would want to carry the hearing until the Village Planner was available, Mr. Collins said he wanted to proceed. There were no questions or comments from the public.

The Board members asked Mr. Morin about signage. Mr. Morin stipulated that any signage will comply with Village code.

Mr. Alegre made a motion to approve the application with the stipulation that the dumpster in the rear will be removed and that the hours on Saturday and Sunday would be no greater than from 8:30 a.m. to 4:00 p.m. Ms. Ruhl seconded the motion and all members voted yes.

Resolution memorialization:       The following resolutions were memorialized:     -   Warren, 162 Hope Street

-       Berry, 460 Summit Street

-       Sahin, 555 Emker Terrace

-       Sebestyan, 967 Hillcrest Road

-       Li, 425 Smith Place      

Meeting was adjourned at 9:44 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        May 30, 2017