20180522 Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

MAY 22, 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, Alyssa Matthews, Sergio Alegre, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary. 

Absent:        Gary Negrycz, Diana Ruhl and Isaac Lebow

Approval of minutes:       The minutes from January 9, 2018 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:

NEW CINGULAR WIRELESS PCS, LLC – An application to amend the  Resolution approving a temporary 75 foot pole with antennas at the top and related equipment at the base of the pole to extend the time of removal from June 30, 2018  to December 31, 2018 at 490 Route 17, Block 4703, Lot 11, in an OB-2 zone. Judith Fairweather, Esq., was present to request the extension of time for the removal of the temporary cell tower. Mr. Alegre made a motion to approve, Ms. Matthews seconded, and the extension of time was granted.

BRENDAN & SEAN LYNCH-LITTLEJOHN – An application to permit the construction of a single story addition and deck which will result in a side yard setbacks of 5.43 feet and 2.79 feet, where 10 feet is required; combined side yard setback of +/- 9 feet where 10.89 feet is required; rear yard setback of 25.46 feet, where 30 feet is required; coverage by above-grade structures of 33.61%, where 20% is permitted; coverage by improvements of 55.74%, where 45% is permitted at 223 South Broad Street, Block 3902, Lot 10, in the R-3 Zone. (Cont. from May 8, 2018) Sean Lynch-Littlejohn, homeowner and previously sworn, testified regarding the revisions and the details for the deck and stairs. There were no questions from the Board. There were no questions or comments from the public. Following Board deliberation, Mr. Brown made a motion to approve, Ms. Matthews seconded and all members voted yes.

BRENDAN & SUZANNE O’SHEA – An application to permit an in-ground swimming pool, with an adjacent patio and various retaining walls, which will result in coverage by above-grade structures within 140 feet of the front lot line of 26.01%, where 20% is permitted; coverage by improvements of 41.63%/8,888.5 sq. ft., where 40%/8,750 sq. ft. is permitted; coverage by improvements within 140 feet of the front lot line of 47.05%/7,100 sq. ft., where 40%/5,987 sq. ft. is permitted; fence and wall height up to 7.3 feet, where 4 and 6 feet is permitted and fence and wall side yard setback of 4 feet, where 9.9 feet is required at 305 Wastena Terrace, Block 1907, Lot 18, in the R-2 Zone. (Carried from May 8, 2018) David Rutherford, Esq., entered his appearance and made an opening statement. Kent Rigg was sworn and his credentials as a professional engineer were accepted. Mr. Rigg described the lot and testified regarding the existing conditions on the property and the topography. Mr. Rigg testified as to the proposed site plan, which was marked as Exhibit A-1, and the colorized site plan, which was marked as Exhibit A-2, describing in detail the proposed driveway, walkways and retaining walls and the variance being requested for the height of the fence and wall. Board members had questions regarding the driveway turnaround. There were no questions from the public.

Joe Tuttle was sworn and his credentials as a professional landscape architect were accepted. Mr. Tuttle testified regarding the existing landscaping and what was being proposed according to the landscape plan, which was marked as Exhibit A-3. There were no questions from the Board or from the public.

Suzanne O’Shea was sworn as the homeowner. Ms. O’Shea testified regarding the prior application to the Board and the 2017 resolution. Ms. O’Shea stated that they decided to make a more extensive landscape plan but that there are no plans for further development. Board members had questions regarding the 2017 resolution. There were no questions or comments from the public. The hearing was closed.

During deliberation, Board members discussed how to ensure compliance with the resolution. Mr. Brown made a motion to approve the application with the stipulation that the permit not be closed out until the landscaping is complete, Ms. Matthews seconded and all members voted yes.

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.  (Cont. from March 27, 2017) Jim Delia, Esq., was present on behalf of the applicant. Robert Simon, Esq., was present on behalf of the objectors. A memorandum from Mr. Whitaker to the Board members, regarding res judicata, dated May 16, 2018, was distributed to Mr. Delia and Mr. Simon. Mr. Simon continued cross examination of the applicant’s planner, Creigh Rahenkamp in regards to the 1994 application, res judicata, changes in the master plan reexamination report and the relevancy of the reexamination report, and the variances being requested in 1994. Mr. Delia asked Mr. Rahenkamp regarding res judicata and the difference between the 1994 application and resolution and the current application. Mr. Rahenkamp read from the 1994 resolution and testified about the steep slope ordinance.

Mr. Simon called Jessica Caldwell, who was sworn and her credentials as professional planner were accepted. Ms. Caldwell testified regarding res judicata stating that the new application is more impactful and has greater deviations and asks for greater relief.

Chairman Lehmann announced that Papageorge, 212 Hamilton Road, and 322 S. Van Dien, LLC, 322 S. Van Dien Avenue, were carried to June 26, 2018, without further notice.

During cross examination, Mr. Delia, asked Ms. Caldwell if she was aware of the exceptions in the Village Code regarding steep slope, explaining that the applicant has not had the opportunity to present hardships. Mr. Delia asked questions in regards to the language in the 1994 resolution.

Mr. Cascio advised the Board according to Mr. Whitaker’s memorandum as to what the Board is to consider. Board members asked questions regarding res judicata and there was more discussion about actual applications and hypothetical proposals and the language of the 1994 application. After further discussion the testimony regarding res judicata was closed and the hearing was carried to June 26, 2018 without further notice for deliberation.

Resolution memorialization:     The following resolutions were memorialized:

-        MDRE Holding, LLC, 148 Prospect St. – ext. of time

-        Joseph, 683 E. Ridgewood Ave. – ext. of time

-        Contrucci, 506 Heights Rd.

Discussion:

Chairman Lehmann said that the discussion regarding the annual report should wait until all Board members were present.

Chairman Lehmann announced that he is resigning from the Board as of July 10, 2018.

Meeting was adjourned at 11:00 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       October 23, 2018