20171114 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

NOVEMBER 14, 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, Gary Negrycz, Diana Ruhl, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney, and Jane Wondergem, Board Secretary.

Absent:        Alyssa Matthews, Isaac Lebow

Minutes:      The minutes from August 29, 2017 and September 26, 2017 were approved.

Non-agenda items:

          Board member comments: There were no comments at this time.

          Members of the public comments: Jacqueline Hone, 30 Carriage Lane, read a statement regarding the Commons of Ridgewood, which is now Carriage Lane. Ms. Hone stated that since the 1988 site plan approval the buffer has been truncated and the land grade has increased. Ms. Hone said that she was told by Village officials that they cannot enforce any of the issues as the resolution has since been destroyed. Mr. Whitaker said that the Board of Adjustment does not have enforcement ability, but that Ms. Hone should check with DCA to see if they have a record of the resolution, and if so, it should go to the Zoning Officer and/or the Enforcement Officer.

Public hearings

Old Business:

MICHAEL CONIFF & AMY DOMBACH – An application to construct a front covered porch, front walkway, rear covered entry and 1-story and second story additions which will result in a front yard setback of 20 feet to the steps, 22 feet to porch, and 27 feet to the addition, where 40 feet is the minimum required; a side yard setback of 6.9 feet and 9.6 feet, where 10 feet is the minimum required; a combined side yard setback of 16.1 feet, where 16.5 feet is the minimum required and coverage by improvements of 45.5%, where 45% is the maximum permitted and coverage by improvements within 140 feet of the front lot line of 48.1%, where 45% is the maximum permitted at 215 Kenilworth Road, Block 4303, Lot 36 in the R-2 zone. (Continued from August 22, 2017)(Carried from October 10, 2017) Mr. Brown is recused from this hearing. Roger Schlicht, Architect, was present and previously sworn. Amy Dombach, homeowner, was sworn. Mr. Schlicht described the proposed revisions and reductions shown in the plans revised to November 3, 2017. Mr. Schlicht stated that the hardships include the lot area, the deficient lot width and the location of the existing dwelling. The Board members asked for clarification of the setbacks and where the reductions were. There were no questions or comments from the public. Following Board deliberation Mr. Papietro made a motion to approve, Ms. Bunza seconded, and the application was approved.

JONATHAN & KRISTIN MCLELLAN – An application to permit the construction of an addition which will result in coverage by above grade structures of 22.6% and coverage by above-grade structures within 140 feet of the front lot line of 24.3%, where 20% is permitted for both; gross building area of 35.1%, where 35% is the maximum permitted and gross building area within 140 feet of the front lot line of 37.7%, where 35% is the maximum permitted at 612 Wyndemere Avenue, Block 3503, Lot 2, in an R-2 Zone. (Continued from August 8, 2017)(Carried from October 10, 2017) David Rutherford, Esq., entered his appearance and briefly explains the revisions and the hardship of the lot size. Patrick Lesbirel, architect, was previously sworn. Mr. Lesbirel testifies as to the revisions and describes the existing architectural style and what is proposed as per the drawings. Mr. Lesbirel displays a photo board, prepared by Ms. McLellan, which was marked as Exhibit A-1; a tax map, marked as Exhibit A-2 and an aerial photo, marked as Exhibit A-3. Board members had questions regarding the front porch and the gross building area. There were no questions or comments from the public. Mr. Rutherford made closing comments. Following Board deliberation Mr. Papietro made a motion to approve, Ms. Bunza seconded, and the application was approved with five members voting in favor and two members voting against.

Ms. Matthews arrived to the meeting at 8:27 p.m.

MICHAEL & TARA SARACENO – An application to construct a covered patio which will result in a variance for maximum coverage by above-grade structures within 140 feet of the front lot line of 22.96%, where 20% is the maximum permitted. The applicant also proposes to widen the driveway which will result in a variance request for a driveway width of 20.2 feet where 16 feet is the maximum permitted at 285 South Pleasant Avenue, Block 4307, Lot 29, in the R-2 Zone. (Continued from October 10, 2017) Mr. Saraceno, homeowner and previously sworn, apologized to the Board for his tone at the previous meeting. Mr. Saraceno testified as to the changes made to the plans, including a change to the proposed driveway to gradually widen it from the existing 10.5 feet to 20.2 feet at 28 feet from the curb. Mr. Saraceno described the reduction to the patio to 350 square feet. Mr. Saraceno explained that he submitted plans for an accessory building in the back yard which was approved by zoning, but stated that he would prefer to build the proposed patio. Board members clarified the variances being requested and the justification for the variances. Mr. Whitaker explained the oversized lot issue and what the Board members should consider.

There were no questions from the public. Mr. Saraceno made closing comments. Comments from the public:          Rocco Orlando, 316 Allen Place, spoke in support of the application.

Following Board deliberation Mr. Alegre made a motion to approve the widening of the driveway and to approve the patio with the condition that Mr. Saraceno does not build an accessory structure, the patio will not be enclosed and that it will be deed restricted. After further discussion the motion made by Mr. Alegre was withdrawn and the applicant is going to consider his options while the Board hears the next application.

New Business:

JOSE PUELL – An application to permit the construction of an addition to the existing structure which will result in a front yard setback of 37.12 feet where 40 feet is required; 27.3% coverage by above grade structures of 27.3%, where 20% is the maximum permitted, and where 23.38% is existing for the property located at 671 Newcomb Road, Block 4505, Lot 13, in the R-2 Zone. (Carried from October 10, 2017) Joshua Levine, Esq., entered his appearance. Brian Murphy, architect, was sworn and his credentials accepted by the Board. Mr. Levine made introductory remarks and described the property and the existing conditions. Mr. Murphy testified as to what was being proposed and the variances being requested and why they should be approved and described the proposed floor plan. Board members asked for clarification of the percentage over what is permitted. Mr. Murphy explained that the area of the easement cannot be used in the total lot area in considering the coverage by above-grade structure and that they have reduced the size of the steps on the existing rear deck to minimize the coverage.

Questions from the public: Phyllis Goodman, 667 Newcomb Road, asked about the easement and how it was presented by the applicant.

Chairman Lehmann announced that the Licitra/Douglass, 584 Cliff Street and the Prasad/Srivastava, 140 North Maple Avenue, hearings would be carried to November 28, 2017 without further notice.

Comments from the public: Priscilla Farnsworth, 675 Newcomb Road, spoke in opposition to the application as it has been presented. Phyllis Goodman, 667 Newcomb Road, spoke in opposition to the application.

Mr. Whitaker said there was a discrepancy in the coverage from what was approved in 1997. There was further discussion and the hearing was carried to January 23, 2018 without further notice.

The hearing for Michael Saraceno, 285 South Pleasant, was reopened. Mr. Saraceno asked for clarification regarding the deed restriction. Mr. Alegre made a motion to approve the application with a deed restriction that the patio not be enclosed and that there will be no accessory structure in the back yard. Mr. Negrycz seconded the motion and the application was approved with four members voting in favor and one member voting against.

Meeting was adjourned at 10:50 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       March 27, 2018