20180327 Zoning Board of Adjustment - Minutes
VILLAGE OF RIDGEWOOD
BOARD OF ADJUSTMENT
Meeting Minutes
MARCH 27, 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, Sergio Alegre, Diana Ruhl, Alyssa Matthews, Greg Brown, Ines Bunza, Jonathan Papietro and Isaac Lebow. Also present were Bruce Whitaker, Esq., Board Attorney; Brigette Bogart, Village Planner and Jane Wondergem, Board Secretary.
Absent: Gary Negrycz
Approval of minutes: The minutes from November 14, 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:
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 33.3 feet, where 45 feet is required; coverage by above-grade structures of 24.6%, where 20% is the maximum permitted; coverage by above grade structures w/in 140 feet of the front lot line of 25.3%, where 20% is the maximum permitted; Gross Building Area of 37.3%/3,863 square feet, where 34%/3,500 square feet is the maximum permitted and Gross Building Area w/in 140 feet of front lot line of 40%/3,863 square feet, where 34%/3,500 square feet is the maximum permitted at 208 North Walnut Street, Block 2002, Lot 9, in the R-2 Zone. (Continued from February 13, 2018) John Franchina, homeowner, and Lorenzo Franchina, architect, were present. The architect testified regarding the revisions in the plans which were stamped received on March 14, 2018. Board members asked for clarification as to the variances being requested and what the hardship was. There were no questions or comments from the public. Following Board deliberation Mr. Brown made a motion to deny, Ms. Bunza seconded and the application was denied, 6 votes to 1.
SUNIL & VANITA PATEL – An application to permit the construction of a two-story covered entry and a 2nd story addition which will result in a side yard setback of 10.7 feet, where 20 feet is required; combined side yard setback of 21.8 feet, where 25 feet is required; coverage by above-grade structures within 140 feet of the front lot line of 22.16%, where 20% is the maximum permitted; coverage by improvements within 140 feet of the front lot line of 46.95%, where 45% is the maximum permitted and gross building area within 140 feet of the front lot line of 32.28%/3,391square feet, where 32%/3,360 square feet is the maximum permitted at 713 Heights Road, Block 1403, Lot 14, in the R-1 Zone. (Continued from February 13, 2018) Sunil Patel was present and testified regarding the drawings and the zoning table which was submitted. Board members asked about the hardship and Ms. Patel described personal hardships. Mr. Whitaker explained what constituted hardship and no hardship was given. There were not questions or comments from the public. Following Board deliberation, Mr. Brown made a motion to deny, Ms. Ruhl seconded, and the application was denied.
New Business:
SOMERSET TIRE SERVICE/MAVIS DISCOUNT TIRE – An application to replace five existing wall signs and one existing freestanding cabinet sign which will result in exceeding the maximum number of signs for freestanding and wall signs, maximum sign area for freestanding signs, maximum height for freestanding signs, minimum sign setback from property line for freestanding signs, maximum lettering height of wall signs and maximum width of wall signs at 562 North Maple Avenue, Block 1502, Lot 8, in the B-2 Zone. (Carried from February 13, 2018) Matthew Posada, Esq, entered his appearance and made opening remarks. Robert Streker was sworn and his credentials as a professional civil engineer were accepted. Mr. Streker testified regarding the signage plan, which was marked as Exhibit A-1, and a colorized sign rendering, which was marked as Exhibit A-2. Mr. Streker described the existing and proposed signs, stating that the applicant is updating the existing ‘STS’ signs to read ‘Mavis Discount Tires’. Board members asked for clarification of the variances being requested. Board members asked about the history and the approval of the existing signs. Mr. Posada said that he did an OPRA request for the prior approvals and had copies of any permits issued. Ms. Bogart, Village Planner, explained the building was built in 1969, prior to zoning ordinances and regulations adopted in 1978.
John McDonough was sworn and his credentials as a professional planner were accepted. Mr. McDonough testified regarding the swap out of the signs and addressed the issue regarding the sign facing 2nd Street. Mr. McDonough clarified the variances being requested and distributed a planning exhibit which was marked as Exhibit A-3. Board members asked about the signs pertaining to services. Mr. Posada said that those signs would be removed. Board members asked for clarification regarding the free standing sign. There were no questions or comments from the public.
Following Board deliberation, Mr. Alegre made a motion to approve the application with the conditions which were discussed, Mr. Brown seconded and the application was approved.
54 EAST RIDGEWOOD LANDMARK, LLC – Interpretation from 190-110B(3) that would include and permit second-floor outdoor terrace dining located off the rear of a restaurant. Robert Landel, Esq, entered his appearance and described what the applicant was proposing as an outdoor eating establishment on a second floor terrace. Brigette Bogart, Village Planner, commented as per her report and the definition of outdoor café in the Village Code. Mr. Whitaker explained to the Board what they needed to consider and said that the ordinance does not specifically say ground floor or rear yard in the definition. There were no questions or comments from the public. Ms. Matthews made a motion that no variance relief was needed, Mr. Brown seconded, and all members voted yes.
Chairman Lehmann announced that Beck, 199 Madison Place, was carried to April 10, 2018 without further notice.
309 WESTGATE ASSOCIATES, LLC - An application to permit the construction of a new single family residence on a nonconforming lot located upon a steep slope at 309 Westgate Road, Block 2808, Lot13, in an R-125 zone. (Continued from October 24, 2017) James Delia, Esq., was present on behalf of the applicant, and made opening comments recapping the October appearance and addressing the issue of res judicata. Robert Simon, Esq., was present on behalf of the objectors. Mr. Simon commented on the offers made by the applicant to the adjacent neighbors to purchase the property. Mr. Whitaker said that the Board will render a decision regarding res judicata before hearing any additional testimony on the application.
Creigh Rahenkamp was sworn and his credentials as a professional planner were accepted. Mr. Rahenkamp testified in regards to res judicata, and gave four reasons that indicated that res judicata did not apply: the 1994 resolution, changes to the ordinance, changes to the Master Plan and changes in the application. There were no questions from the Board or the Village Planner. Mr. Simon cross-examined Mr. Rahenkamp. Mr. Simon questioned Mr. Rahenkamp regarding his review and knowledge of the prior application and the 1994 resolution in detail. Mr. Rahenkamp stated that res judicata does not apply because the ordinance has changed. Mr. Simon referred to the subdivision site plan, dated February 7, 1982, which was marked as Exhibit A-2, and asked if Mr. Rahenkamp had reviewed it. Mr. Simon asked more detailed questions regarding the 1994 application and the number and nature of variances being requested at that time. The hearing was carried to May 22, 2018 without further notice.
Resolution memorialization: The following resolutions were memorialized:
Schnorrbusch, 430 Morningside Road
Kelly, 631 Frederick Street
Gold, 511 North Monroe Street
Frers, 618 Morningside Road
Meeting was adjourned at 11:02 p.m.
Minutes submitted by: Jane Wondergem, Board Secretary
Date Approved: July 24, 2018
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