Zoning Board of Adjustment 08.22.17

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

AUGUST 22, 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:       Hans Lehmann, Sergio Alegre (8:00 p.m.), Gary Negrycz, Diana Ruhl, Greg Brown, Jonathan Papietro and Isaac Lebow. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent: Alyssa Matthews, Ines Bunza

Minutes:        The minutes from July 11, 2017; July 25, 2017 and August 8, 2017 were adopted as drafted.

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:

PATRICK HIGGINS – An application to permit renovation of existing barn, pool installation and associated patio and bar area which will result in accessory building height of 30.08 feet, where 15 feet is the maximum permitted; coverage by improvements of 40.36%, and coverage by improvements within 140 feet of the front lot line of 41.34%, where 35% is the maximum permitted for both; coverage by above-grade structures of 30.65%, where 20% is the maximum permitted; gross building area for accessory structures of 4.92%, where 4% is the maximum permitted and a freestanding wall in the front yard of 3.8 feet, where 2 feet is the maximum height permitted at 33 North Pleasant Avenue, Block 3507, Lots 23.01 and 23.02, in an R-1 zone. (Continued from July 25, 2017) Sergio Alegre is recused from this hearing. Spencer Rothwell, Esq., recapped from the July 25 hearing and referred to his letter to the Board regarding the turf, which was dated August 21, 2017 and marked as Exhibit A-7. There was no further testimony. The Board members had questions regarding the justification for a C(2) variance. Dr. Higgins addressed the matter of public benefit. After some discussion, the applicant agreed to bifurcate the application. The hearing was closed. The Board deliberated on the variance regarding the height of the wall. Mr. Negrycz made a motion to approve, Mr. Lebow seconded, and the application regarding the height of the height of the freestanding wall in the front yard was approved. Following Board deliberation regarding the remainder of the variances, Mr. Negrycz made a motion to deny, Mr. Papietro seconded, and all eligible members voted yes to deny the application.

Sergio Alegre arrives at 8:08 p.m.

Chairman Lehmann announced that the MICHAEL & TARA SARACENO, 285 South Pleasant Avenue, application was carried to September 26, 2017 without further notice and the MICHAEL & BARBARA JASNOSZ, 699 Wellington Road, application was carried to September 12, 2017.

New Business:

JAMES & EMILY BOSHART – An application to construct a 2-story addition, enlarge an existing 1-story garage, front covered portico and covered side entry which will result in a height of 38.7 feet, where 30 feet is the maximum permitted; side yard setback of 14.8 feet to step, 16.8 feet to portico, 17 feet to the house on left side and 16.7 feet to the house on the right side, where 20 feet is the minimum required; gross building area within 200 feet of the front lot line of 27.9%/5,580 square feet, where 24%/4,800 square feet is the maximum permitted at 296 Mountain Avenue, Block 2606, Lot 4 in the R-125 zone. Greg Brown recused himself from this hearing. Roger Schlicht, architect, was sworn and Mr. and Mrs. Boshart were present and sworn. Mr. Schlicht distributed a three page photo packet which was marked as Exhibit A-1. Mr. Schlicht described the existing conditions, the proposed improvements and the variances being requested. Mr. Schlicht explained that the hardship is due to the non-conforming width of the lot and deficient lot area. Mr. Boshart testified regarding the existing low ceiling in the garage. Board members had questions regarding whether or not variances would be needed if the lot were conforming. There were questions from Board members regarding the height variance and the driveway width by the garage. The applicant stipulated that they would eliminate the portion of the driveway to the left of the garage. There were no questions from the public. Martin Walker, 114 Cottage Place, commented that the Board needs to enforce the zoning ordinances that we have. Barry Atkinson, 297 Mountain Avenue, spoke in support of the application. Susan Hong, 286 Mountain Avenue, supported the application. Mr. Schlicht made closing comments and the hearing was closed. Following Board deliberation, Mr. Papietro made a motion to approve with the stipulation that revised plans be submitted to the site plan committee, Ms. Ruhl seconded, and the application was approved five to two.

MICHAEL CONIFF & AMY DOMBACH – An application to construct a front covered porch, front walkway, rear covered entry and 1-story and second story addtiions which will result in a front yard setback of 18.5 feet, where 40 veet is the minimum required; a side yard setback of 3.8 feet and 9.6 feet, where 10 feet is the minimum required; a combined side yard setback of 13.4 feet, where 16.5 feet is the minimum required and coverage by improvements within 140 feet of the front lot line of 47.2%, where 45% is the maximum permitted at 215 Kenilworth Road, Block 4303, Lot 36 in the R-2 zone. Isaac Lebow and Greg Brown recused themselves from this hearing. Roger Schlicht, architect, was sworn and Michael Coniff was present and sworn. Mr. Schlicht distributed a photo packet which was marked as Exhibit A-1. Mr. Schlicht testified as to the proposed improvements and the existing non-conforming conditions. Mr. Schlicht explained that the hardships are due to the existing location of the house and the deficient lot width and lot area. Board members had questions regarding the porch and if it will be in line with others in the neighborhood. Board members had concerns about the side yard setback. The hearing was carried to September 26 without further notice.

Discussion: There was Board discussion in regards to appointing a subcommittee of the Zoning Board to make recommendations to the Master Plan subcommittee of the Planning Board. Mr. Whitaker explained that this committee would be advisory only. Vice chairman Alegre will head up the subcommittee, and he appointed Diana Ruhl and Gary Negrycz.

Meeting was adjourned at 9:45 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        September 12, 2017