20170110 Zoning Board of Adjustment - Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JANUARY 10, 2017

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

 Absent:         Sergio Alegre

 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:

EDWIN FERNANDO GUERRERO – An application to permit the construction of a two story single family dwelling on an existing foundation and deck which will result in Gross Building Area of 37.2%/3,421.92 square feet, where 34%/3,360 square feet is the maximum permitted. The proposed construction was previously granted variances for a side yard setback of 16.2 feet, where 19.8 feet is the minimum required and coverage by above-grade structures within 140 feet of the front lot line of 24.3% where 20% is the maximum permitted at 322 Van Emburgh Avenue, Block 4805, Lot 9, in an R-1 zone. (Continued from December 13, 2016) Ms. Matthews recused herself from this hearing. Mr. and Mrs. Guerrero were present and previously sworn. Mr. Guerrero described the changes in the plans which were revised to December 19, 2016, explaining the reduction in the gross building area from 40% to 37.2 %, where 34% is the maximum permitted. There were no questions from the Board. There were no questions or comments from the public. After Board deliberation Ms. Ruhl made a motion to approve the revised plans and Mr. Brown seconded the motion, all eligible members voted yes to approve.

New Business:

Chairman Lehmann announced that the Ray Sahin, 555 Emker Terrace, application was carried to February 14, 2017 without further notice.

EDWARD & MARGARET McCORMICK – An application to permit the construction of a two-story addition and a new covered front porch which will result in a side-yard setback of 15.6 feet, where 19.33 feet is the minimum required; coverage by above-grade structures within 140 feet of the front lot line of 21.2%, where 20% is the maximum permitted and gross building area within 140 feet of the front lot line of 31%, where 29% is the maximum permitted at 227 Fairmount Road, Block 1601, Lot 28, in an R-1 Zone. Ms. Ruhl recused herself from this hearing. David Rutherford, Esq. entered his appearance. Mr. McCormick was present and sworn. Jordan Rosenberg, architect, was sworn. Mr. Rosenberg testified regarding the existing conditions on the property and explained what is proposed. Mr. Rosenberg distributed photos of existing conditions, which were marked A-1a, A-1b and A-1c. Mr. Rosenberg distributed photos of other homes in the neighborhood which were marked as A-2a thru A-2g. Mr. Rosenberg stated that the applicant went to the Historic Preservation Commission and they recommended approval. Mr. Rosenberg described the variances being requested. Board members had questions regarding the existing vegetation. Mr. McCormick stated that the vegetation will remain and would be replaced if damaged. Board members asked about the impact of the addition to the neighbors and Mr. Rosenberg stated that the neighbor’s property is lower and there is not a direct line of sight to the applicant’s dwelling. The Board asked for clarification regarding hardship and Mr. Rutherford explained that the variances should be approved based upon the fact that there is an existing structure that creates limitations upon expansion and there is no negative impact. The Board members had questions regarding the attic space and if a one story addition would be possible. There were no questions or comments from the public. Mr. Rutherford made closing comments and the hearing was closed. After Board deliberation Ms. Bunza made a motion to approve the application, Mr. Papietro seconded the motion and the application was approved, 5 yes votes to 2 no votes.

MARCUS & SONIA WILLIAMS – An application to permit the construction of a deck which will result in a rear yard of 22 feet where 30 feet is the minimum required and would result in total coverage by above grade structures of 21.6% where 20% is the maximum permitted at 261 Midvale Street, Block 2311 Lot 13 in an R-2 zone. Marcus Williams was sworn and testified regarding the condition of the existing deck and the proposed changes. Board members asked about the rear yard setback. Mr. Williams explained that the rear yard setback would not be exacerbated. There were no questions or comments from the public. Following Board deliberation Mr. Negrycz made a motion to approve the application, Ms. Ruhl seconded the motion, and all Board members voted yes to approve.

            JAMES & SHARON ROBERTSON – An application to permit the construction of a single-family home which will result in a building height of 30.7 feet, where 30 feet is the maximum permitted; side yard setbacks of 15 feet on each side, where 20.47 feet is the minimum required; gross building area within 140 feet of the front lot line of 34.6%/3,640 square feet, where 32%/3,360 square feet is the maximum permitted at 233 Beechwood Road, Block 1812, Lot 22, in an R-1 zone. David Rutherford, Esq. entered his appearance. James and Sharon Robertson were present. Mr. Rutherford stated that the existing dwelling was to be demolished and a new single family dwelling was proposed. Mr. Rutherford explained that they had received a report from the Village Engineer and had addressed any concerns in that report. Jordan Rosenberg was sworn and accepted as a professional architect. Mr. Rosenberg testified regarding the existing conditions on the property and described the style of homes in the neighborhood. A copy of a portion of the tax map was distributed and marked as Exhibit A-1, a photo of various homes in the neighborhood was marked as Exhibit A-2 and a photo of the existing dwelling on the property was marked as Exhibit A-3. Mr. Rosenberg described the proposed new dwelling and explained the variances being requested. Mr. Rosenberg explained that the existing two-story structure in the rear of the yard is a squash court. Mr. Rosenberg displayed a photo board, marked as Exhibit A-4, showing how the proposed dwelling would fit in the neighborhood. Board members had questions about the gross building area and if the basement should be included. Mr. Rosenberg explained that more than 50% of the basement is below grade. Board members asked about the height variance and Mr. Rosenberg stated that the slope of the property created the need for the height variance.

            Jason and Jamie Rosenfeld, 239 Beechwood Road, asked the architect asked about the side yard setback variance and the height variance. Mr. Rosenberg said that the proposed house will be set back further than the existing house and that the height of the proposed dwelling is substantially less than Mr. Rosenfeld’s house. Mr. Rosenfeld had questions regarding the squash court, construction and coverage.

            Sean McClellan was sworn and accepted as a professional engineer. Mr. McLellan testified regarding the site plan, describing the slope of the property and the challenge to minimize the height variance. Mr. McLellan described the proposed retaining wall. Mr. McLellan displayed a drawing which compares the peak elevations of the houses on either side of the subject property, which was marked as Exhibit A-5. Mr. McLellan addressed any concerns from the Village Engineer’s memorandum. Mr. McLellan explained how they would comply with the Village’s stormwater ordinance. Mr. Whitaker asked for clarification regarding the retaining wall. Board members had questions regarding the wall and landscaping. There were no questions from the public. Robert Zeller, 227 Beechwood Road, spoke in support of the application. Anthony Bravo, 226 Beechwood Road, spoke in support of the application.

            Mr. Rutherford made closing comments and the hearing was closed. Following Board deliberation Mr. Lebow made a motion to approve the application with the condition that a landscape plan is submitted, Ms. Ruhl seconded the motion and all members voted yes to approve.

Discussion items:  Chairman Lehmann mentioned the monthly update which was distributed to the Board from Judith Fairweather, dated January 6, 2017, regarding the cell tower on Franklin Turnpike. There was Board discussion regarding the State Historic Preservation Office getting involved in the approval process.

Resolution memorialization:       Mr. Whitaker stated that the Maroulis, 181 Mountain Avenue, resolution would not be memorialized until a question regarding the driveway width was resolved. The following resolutions were memorialized:    

• Lubkemann, 475 Fairway Rd.
• Sands, 339 Spring Ave. – ext. of time
• Finn, 932 Glenview Rd.
• Joseph, 683 E. Ridgewood Ave.
• Tzoulafis, 426 Colonial Rd.
• Kleinknecht, 235 Dayton St
• Ventura/Joachim, 247 Walthery Ave.
• O’Shea, 305 Wastena Terr.

Meeting was adjourned at 10:10 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        July 11, 2017