200424 Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

APRIL 24, 2018

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, Gary Negrycz, Diana Ruhl, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney; Brigette Bogart, Village Planner; Christopher Rutishauser, Village Engineer; John Jahr, Traffic Expert and Jane Wondergem, Board Secretary. 

Absent:        Alyssa Matthews, 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:

KENNETH & EMILY APONTE – An application to permit the construction of a 2-story and 2^nd story addition which will result in a front yard setback on Glenwood Road of 26.08 feet, where 40 feet is required and a side yard setback of 13.9 feet, where 20 feet is required at 648 Upper Boulevard, Block 1409, Lot 2, in the R-1 Zone. (Continued from April 10, 2018) Emily and Kenneth Aponte were present and previously sworn. Ms. Aponte testified that there were no changes to the plans from the April 10, 2018 meeting; only the gross building area calculations now included the attic. Mr. Whitaker clarified that the revision date on the plans was April 13, 2018. There were no further questions from the Board. There were no questions or comments from the public. The hearing was closed and following Board deliberation Mr. Papietro made a motion to approve, Ms. Bunza seconded, and all members voted yes to approve the application.

BURROUGHS POOLE LLC – An application for preliminary and final site plan approval, use variance, variance and waiver approval to implement a drive-thru component to be used by a Starbucks retail coffee shop at 363-381 Route 17 South, Block 4807, Lot 1, in the HC-Highway Commercial Zone. (Continued from March 13, 2018) James Delia, Esq., requested to wait to be heard until later in the meeting.

JOSE PUELL, 671 Newcomb Road - Joshua Levine, Esq., stated that they were waiting for their architect to arrive.

Resolution memorialization:      The following resolutions were memorialized:

                              Patel, 713 Heights Road

                              54 East Ridgewood Landmark

                              Beck, 199 Madison Place

                              Owen, 857 Hillcrest Road

                              Rosenberg, 300 Richards Road

                              Grosman, 304 S. Broad Street

                              Franchina, 208 North Walnut Street

                              Somerset Tire Service, Inc./Mavis Discount Tire

Discussion: 

Lack, 130 Valley View Avenue – The Board discussed the written request from Christopher and Stacy Lack for an extension of variance approval. Mr. Negrycz made a motion to approve the extension of variance approval through May 23, 2019, Ms. Bunza seconded, and all members voted yes to approve.

JOSE PUELL – An application to permit the construction of an addition to the existing structure which will result in a front yard setback of 37.62 feet where 40 feet is required; coverage by above grade structures of 22.92%, where 20% is the maximum permitted, for the property located at 671 Newcomb Road, Block 4505, Lot 13, in the R-2 Zone. (Continued from February 27, 2018) (Carried from April 10, 2018) Joshua Levine, Esq., and Brian Murphy, architect, who was previously sworn, were present with Mr. Puell. Mr. Murphy testified as to the changes and reductions in the plans, revised to April 9, 2018, which were marked as Exhibit A-5. Mr. Levine reviewed the variances being requested. Board members had questions about the hardship. Mr. Levine stated that it was a (C)(1) hardship due to lot size, but that variance relief could also be granted under (C)(2) as the public good outweighs any detriment. Board members had questions regarding the argument that the applicant is reducing the coverage by above grade structures as it is an open deck, which was previously approved, being reduced. Mr. Rutishauser asked if anything on the property encroached on the County park land at the rear of the property and if the applicant would agree to a stipulation in the resolution stating that if they do encroach into the County property that the variance would be negated. Mr. Levine said that the applicant would not encroach.

Christopher Rutishauser, Village Engineer, was sworn and testified as to the green acres parcel and that the DEP has done inspections and has encountered numerous encroachments from Village properties onto the park land. Mr. Rutishauser said that he did not know if the subject property was encroaching.

Chairman Lehmann said that the Board cannot make a proper decision without an accurate rendering of what is on the property. Mr. Levine stated that a collapsible playhouse is what is behind the garage and that it can be removed.

Phyllis Goodman, 667 Newcomb Road, asked about the applicant compromising with the neighbors.

The hearing was carried to June 12, 2018, without further notice.

BURROUGHS POOLE LLC – James Delia, Esq., was present on behalf of the applicant. Mr. Delia said that Charles Olivo, traffic expert, was present to answer any questions regarding the circulation exhibit that was submitted. Board members asked if the Fire Department was satisfied with the template, the report from the Fire Department stated that they had no concerns regarding that exhibit.

John Jahr, traffic expert, asked for verification that the template was for the Ridgewood Fire Truck. Mr. Rutishauser had the template for the Ridgewood Fire Truck and it showed that the exhibit submitted by the applicant was accurate.

Andrew Missey, engineer, previously sworn, testified regarding the existing landscaping and what is being proposed as per the amended site plan and landscape and lighting plan revised to 4-9-18 and marked as Exhibit A-8a. Mr. Missey stated that additional evergreens would be planted along the rear of the property. There were no questions from Board members. Ms. Bogart asked if the landscaping would be irrigated, Mr. Missey said it would be. Ms. Bogart requested that if the application were approved that there be a review of the new landscaping in 6 months or a year by the Village.

There were no questions or comments from the public for the engineer.

The hearing was carried to June 12, 2018, without further notice, when the applicant’s planner, John McDonough will testify.

Discussion: Chairman Lehmann asked Board members to review the summary of cases brought before the Board in 2017 and to make suggestions towards the annual report for the Planning Board.

There was Board discussion regarding property owners who do work without permits or permission. Mr. Rutishauser explained that the Village has a code enforcement and property maintenance officer.

Meeting was adjourned at 9:33 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       September 25, 2018