20180109 Zoning Board of Adjustment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JANUARY 9, 2018

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:      Hans Lehmann, Gary Negrycz, Diana Ruhl, Alyssa Matthews, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney; Brigette Bogart, Village Planner and Jane Wondergem, Board Secretary.

Absent:        Sergio Alegre, 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

Old Business:

RICHARD PURINGTON & ANN DICKINSON – An application to permit the construction of an addition which will result in a front yard setback of 31 feet, where 50 feet is the minimum required at 151 Grant Street, Block 2502, Lot 6, in an R-125 Zone. (Continued from November 28, 2017) David Rutherford, attorney for the applicant, Robert Weissman, engineer; Mark Braithwaite, architect and Ann Dickinson were present. Mr. Braithwaite, who was previously sworn, testified as per the revised drawings, which were marked as Exhibit A-14. Mr. Whitaker asked for clarification of the revised numbers. Ann Dickinson, homeowner, was sworn and testified as to the accessibility issues and the change in the garage. The revised site plan, prepared by Mr. Weissman, was marked as Exhibit A-15. There were no questions or comments from the public. Following Board deliberation, Ms. Ruhl made a motion to approve, Ms. Matthews seconded, and the application was approved.

New Business:

SERENDIPITY LABS – An application to permit office use on the first floor where it is not permitted at 45 N. Broad Street, Block 3804, Lot 23, in the B-1 Zone. (Carried from November 28, 2018) David Rutherford, Esq., entered his appearance on behalf of the applicant and made opening remarks. John Arenas, CEO of Serendipity Labs, was sworn. Mr. Arenas testified as to the nature of the business and described the offices at 45 N. Broad Street. A photo packet was distributed and marked as Exhibit A-1. Board members asked questions regarding membership and who would be permitted to use the space and about day passes. Mr. Whitaker explained to Board members that they have jurisdiction to look at the application as an interpretation rather than a use variance by determining if the proposed use is an office use or a service use. Brigette Bogart, Village Planner, explained this further stating that after hearing the testimony of Mr. Arenas, that the use sounds more like what is permitted than traditional office use and that the applicant may benefit by seeking an interpretation of the ordinance based upon the proposed use and then pursue the use variance if necessary. Mr. Whitaker and Ms. Bogart explained the ordinance and what is permitted and similar businesses existing in the district. Board members asked questions about the process and the permitted uses. Mr. Rutherford stated that based on the discussion the applicant would like to go forward with the interpretation and not go forward with the use variance if they did not need to. Richard Preiss was sworn and his credentials as a professional planner were accepted. Mr. Preiss testified as to how the proposed use fits into the B-1 Zone. Board members had questions regarding how this use is different from office use and the membership aspect. There were no questions or comments from the public. Following Board deliberation, Mr. Brown made a motion and Ms. Matthews seconded, and the Board voted six to one that the use as proposed by the applicant has been interpreted to be a permitted use within the B-1 Zone.

Ms. Matthews left the meeting at 9:00 p.m.

Chairman Lehmann announced that the Otten, 426 Jackson Terrace, and the McKenna, 416 Colonial Road, applications are carried to January 23, 2018, without further notice.

DONNA NEILEY – An application to permit the construction of a new 11' x 21' detached single car garage structure to replace previously demolished detached single car garage structure which will result in side yard setbacks of 3.26 feet and 2.6 feet, where 5 feet is required and rear yard setbacks of 3.7 feet and 2.8 feet where 5 feet is required at 660 Linwood Avenue, Block 3404, Lot 4, in the R-2 Zone. Donna Neiley, homeowner, was sworn and testified regarding the proposed new garage. Ms. Neiley stated that the demolished garage was in disrepair and she was told by the town to take it down and due to the odd shape of the property she proposes to construct a larger one car garage with the same setbacks. Board members asked if she was going to take down the tree near the proposed garage, and she stated she did not intend to. There were no public questions or comments. Mr. Negrycz made a motion to approve, Mr. Papietro seconded, and the application was approved.

FRANK & ROSEMARY HILLMAN – An application to permit the to construct a new front landing and stairs which will result in a front yard setback of +/- 14 inches, where 40 feet is required; coverage by above-grade structures of 37.72%, where 25% is the maximum permitted; coverage by improvements of 67.54%, where 45% is the maximum permitted at 233 South Broad Street, Block 3902, Lot 8, in the R-3 Zone. Frank Hillman, homeowner, was sworn. Brian Wellington, general contractor, was sworn. Mr. Hillman testified regarding the condition of the existing front porch and stairs and the proposed expansion of the front porch and stairs. Board members had questions about the accuracy of the numbers on the drawing in regards to the risers and the deck. Board members asked why they proposed to encroach into the front yard setback so far. Mr. Hillman said it was to save the tree and bush. The hearing was carried to February 13, 2018 without further notice.

JOHN & ASHLEY FRANCHINA – An application to permit the construction of a rear porch/deck, replace an existing non-conforming front open porch and the enlargement of same, and install a new walkway from the driveway to the proposed front porch which will result in a front yard setback of 43 feet, where 45 feet is required; coverage by above-grade structures of 24.3%, where 20% is the maximum permitted; coverage by above grade structures w/in 140 feet of the front lot line of 26%/2,513 square feet, where 20%/1,932 square feet is the maximum permitted; coverage by improvements of 39.5%, where 35% is the maximum permitted; coverage by improvements w/in 140 feet of the front lot line of 40.4%, where 35% maximum permitted; Gross Building Area of 36.6%, where 34% is the maximum permitted and Gross Building Area w/in 140 feet of front lot line of 39.2%, where 34% is the maximum permitted at 208 North Walnut Street, Block 2002, Lot 9, in the R-2 Zone. Charles Sarlo, Esq., entered his appearance. Lorenzo Franchina, was sworn. Mr. Franchina is not a licensed architect, but drafted the plans which were sealed by a licensed architect. Mr. Sarlo made opening remarks. Photos of the property, taken by Mr. L. Franchina, were distributed and marked as Exhibit A-1. The photos showed the condition of the home at the time of purchase with an existing front porch. Mr. L. Franchina testified as to the improvements made on the house and the intent to keep the original porch, but that when they did demolition of the house, the porch went with it and they were ordered to stop by the Building Inspector, as they now needed a variance to reconstruct it larger than before. Mr. Sarlo described the variances being requested and the hardships. Board members had questions about the size of the addition and why they built to the maximum permitted when they intended to add the porch. The applicant was asked to consider reducing the coverage and show a breakdown of the numbers. The hearing was carried to January 23, 2018 without further notice.

Resolution memorialization:      The following resolutions were memorialized:

-        New Cingular Wireless PCS LLC

-        657 Ridgewood LLC – Landscape plan

-        Hekimian, 255 N. Walnut St.  

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          :

Meeting was adjourned at 10:29 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       May 22, 2018