Zoning Board of Adjustment 6.12.18 Minutes
VILLAGE OF RIDGEWOOD
BOARD OF ADJUSTMENT
Meeting Minutes
JUNE 12, 2018
Opening:
The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:45 p.m.
Present: Sergio Alegre, Gary Negrycz, Diana Ruhl, Alyssa Matthews, Greg Brown, Ines Bunza, Isaac Lebow and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney; Brigette Bogart, Village Planner and Jane Wondergem, Board Secretary.
Absent:
Sergio Alegre was acting Chairman.
Approval of minutes: The minutes from January 23, 2018, January 30, 2018 and February 13, 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
Acting Chairman Alegre announced that the BURROUGHS POOLE/STARBUCKS, 363-381 Route 17 South application was carried to July 10, 2018 without further notice.
Old 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 37.62 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 April 24, 2018) Joshua Levine, Esq., was present on behalf of the applicant. Mr. Levine called David Novack, who was sworn and his credentials as a professional planner accepted. Mr. Novack testified regarding the property and the existing and proposed conditions and described the surrounding area. Mr. Novack testified regarding the size of the lot in regards to hardship. Board members had questions regarding reduction to the existing nonconformity, as a variance had previously been granted regarding the deck. Board members asked about the public benefit of the proposed improvements. Mr. Novack stated that the proposed improvements bring the property closer to compliance with the ordinance and that it is an upgrade to what exists now. Board members asked for the justification of going from 20% coverage to 23% and how reducing an open deck to increase the mass of the house is beneficial. Board members had questions regarding the negative and positive criteria. Brigette Bogart, Village Planner, had no questions of Mr. Novack. Board members asked if the Village Engineer’s comments from his memorandum to the Board had been resolved. Ms. Bogart said that his concerns were based on state statutes and governmental agency approvals which would be conditions in the resolution. There were no questions or comments from the public for Mr. Novack.
Brigette Bogart was sworn and stated that the Board concerns and questions were similar to her own and commented that the questions regarding positive and negative criteria were on point and need to be considered when reviewing the application.
Mr. Levine made closing remarks. Following Board deliberation Ms. Matthews made a motion to deny, Mr. Negrycz seconded the motion and the application was denied with prejudice with all members voting yes to deny.
New Business:
PAMELA CHRISTIAN – An application to construct a front covered porch which will result in a front yard setback of 33.5 feet to Woodland Avenue, where 40 feet is required at 200 Sunset Avenue, Block 1917, Lot 8, in the R-110 Zone. Ms. Ruhl recused herself from this hearing. Roger Schlicht was present on behalf of the applicant and was sworn and his credentials as a professional architect accepted. Mr. Schlicht testified as to the existing conditions on the property and what was proposed. A 2 page photo packet was distributed and marked as Exhibit A-1. Mr. Schlicht testified that the location of the existing dwelling poses a hardship. Board members had questions about the proposed spa and pool patio and Mr. Schlicht said the zoning table included those numbers. Board members asked about the plantings and Mr. Schlicht said that would be a second phase of the project. There were no questions or comments from the public. Following Board deliberation, Mr. Lebow made a motion to approve, Mr. Papietro seconded and all members voted yes to approve the application with the conditions that plantings are to be installed by the porch on both sides and the applicant shall execute a deed restriction confirming that the porch will remain open and not be enclosed.
KEVIN & JENNIFER HOGAN – An application to construct a front portico, a rear 2-story addition and a rear covered deck which will result in a side yard setback on the left of 9.16 feet to the first floor and 9.2 feet to the 2nd floor; side yard setback on the right of 8.3 feet to the addition and 8.75 feet to the deck, where 20 feet is required; combined side yard setback of 15.94 feet, where 16.5 feet is required; coverage by above-grade structures of 23.1%, coverage by above-grade structures within 140 feet of the front lot line of 24.9%, where 20% is permitted for both; coverage by improvements within 140 feet of the front lot line of 46.9%, where 45% is permitted and gross building area of 39%/2,731 square feet where 35%/2,450 square feet is permitted at 82 John Street, Block 3501, Lot 6, in the R-1 Zone. (Carried from May 8, 2018 without further notice) Mr. Alegre, Ms. Ruhl and Mr. Lebow recused themselves from this hearing. Mr. Brown acted as Chairman. David Rutherford entered his appearance on behalf of the applicants. Robert Inglima entered his appearance on behalf of James and Lorraine Reynolds and Robert and Linda Cron, neighbors who are opposing the application. Following a discussion regarding notice, it was determined that notice of the hearing was in order.
Mr. Rutherford made opening remarks. Roger Schlicht was sworn and his credentials as a professional architect accepted. The following exhibits were marked:
Exhibit A-1 – Page V-1 of RDS plans dated 9-29-17, revised to 3-29-18
Exhibit A-2 – Page V-2 of RDS plans dated 3-29-18
Exhibit A-3 – Survey of Property, by Edward R.Teunisen, dated 08-25-08
Mr. Schlicht described the lot as non-conforming due to the narrow lot width and testified regarding the existing conditions on the property. A 4 page packet was distributed and marked as Exhibit A-4, which included the existing floor plans (pages SK-1 and SK-2, dated 6-12-18), and 2 pages of photos of subject property and neighboring property. Mr. Schlicht testified as to what was being proposed, describing the proposed floor plan, the elevations and the variances being requested in detail. Mr. Inglima objected to Mr. Schlicht describing and interpreting the zoning schedule. Mr. Rutherford said that Mr. Schlicht is familiar with the Ridgewood zoning ordinances as he has been before the Board and prepared hundreds of plans for new homes and additions and renovations in Ridgewood over the years. Mr. Inglima stated that he did not see a determination from the Zoning Officer regarding completeness. Mr. Whitaker explained that the completeness review is done internally at the Building Department. Mr. Schlicht completed his testimony explaining that the existing nonconforming side yard setback is not being exacerbated and that the combined side yard setback variance is not needed if the chimney is not included. Mr. Schlicht stated that if the lot was conforming the coverage by above-grade structures, gross building area and improved lot coverage would be in compliance. Mr. Inglima will cross examine the architect when the hearing is continued.
The hearing was carried to July 10, 2018 without further notice.
Resolution memorialization: The following resolutions were memorialized:
- New Cingular Wireless, 490 Rt. 17, ext. of time
- O’Shea, 305 Wastena Terrace
Discussion: There was discussion regarding the Reorganization meeting in July. A Reorg Committee consisting of Mr. Papietro, Ms. Matthews and Ms. Ruhl was formed.
Meeting was adjourned at 10:00 p.m.
Minutes submitted by: Jane Wondergem, Board Secretary
Date Approved: November 13, 2018
- Hits: 2004