20180626 Zoning Board of Adjustment - Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JUNE 26, 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 and Jane Wondergem, Board Secretary. 

Absent:        Diana Ruhl

Sergio Alegre was acting Chairman.      

Approval of minutes:       The minutes from February 27, 2018 and March 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

Old Business:

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 May 22, 2018) James Delia, Esq., was present on behalf of the applicant and Robert Simon, Esq., was present on behalf of the objectors. Mr. Delia addressed the memorandums from all parties and Mr. Whitaker reminded the Board that the res judicata issue was closed and confirmed on the record by roll call that all Board members had read all the documents and were eligible to deliberate and vote on the res judicata issue. Following Board deliberation, Mr. Negrycz made a motion that res judicata does not apply to this application, Ms. Matthews seconded, and all Board members voted yes. The hearing regarding the variance was carried to July 24, 2018 without further notice.

Mr. Simon asked that the res judicata decision not be memorialized until the conclusion of the proceedings. Mr. Whitaker asked that the time period to produce the resolution be waived. Both attorneys concurred.

ACKERMAN PRESERVATION, LLC – An application to permit a two-story addition, detached garage and patio which will result in a rear yard setback of 26.8 feet, where 40 feet is required; front yard setback and a patio located within the front yard setback, where it is not permitted at 415 East Saddle River Road, Block 4804, Lot 15, in the R-125 Zone. (Continued from May 8, 2018) Robert Schwartz, Esq., owner of the property, was present. Mr. Whitaker confirmed that the documentation previously required had been received and was satisfactory. Tibor Latincsics, engineer, previously sworn, testified regarding the Plot Plan dated 11/17/17, revised to 4/9/18. Mr. Latincsics described the existing conditions on the property, what was proposed and the variances being requested. Mr. described the hardship as being the location of the existing dwelling, and the benefits as saving and upgrading the existing historic structure. Board members asked about the driveway and about the retaining wall on the East Saddle River Road side of the property. There were no questions or comments from the public. Mr. Schwartz made closing comments. Following Board deliberation Mr. Lebow made a motion to approve, Mr. Brown seconded and all members voted yes.

New Business:

CANDICE PAPAGEORGE – An application to permit the construction of  a covered front porch over the existing platform, a one story mud room addition at the rear of the house, an elevated patio and stair and a patio on grade which will result in a side yard setback of 14.4 feet, where 21.44 feet is required; coverage by above-grade structures of 22.5% and coverage by above-grade structures within 140 feet of the front lot line of 22.87%, where 20% is permitted for both, and gross building area within 140 feet of the front lot line of 3,395 square feet, where 3,360 square feet is permitted at 212 Hamilton Road, Block 1305, Lot 5, in the R-1 Zone. Stratis Papageorge, homeowner, was sworn. Joseph Bruno was sworn and his credentials as a licensed architect accepted. Mr. Bruno distributed a photo packet of the existing conditions on the property, marked as Exhibit A-1, and described what was being proposed. Mr. Bruno explained that the lot is severely undersized and listed the variances being requested. Board members had questions regarding the zoning data and the side yard setback, which is not being exacerbated. Mr. Whitaker explained that a breakdown of the square footage of the structure coverage and the gross building area is needed. There were no questions from the public. Mr. Bruno made closing comments. There were no comments from the public. Following Board deliberation Mr. Negrycz made a motion to approve, with the condition that the architect submit and certify calculations for coverage to be reviewed and approved by the Zoning Code Official, Ms. Matthews seconded and all members voted yes.

322 S. VAN DIEN, LLC – An application to permit the renovation and expansion of the home and construction of a new two-car detached garage which will result in a front yard setback of 39.3 feet, where 50 feet is required; side yard setbacks of 12 feet and 10.8 feet, where 20 feet is required; combined side yard setback of 22.6 feet, where 22.1 feet is required; coverage by above-grade structures within 200 feet of the front lot line of 21.9%, where 20% is permitted and gross building area within 200 feet of the front lot line of 4,293 square feet, where 4,060 square feet is permitted at 322 South Van Dien Avenue, Block 4107, Lot 21, in the R-125 Zone. Chairman Alegre and Mr. Lebow recused themselves from this hearing. Mr. Negrycz acted as Chairman. David Rutherford, Esq., entered his appearance on behalf of the applicant. Mr. Rutherford stated that currently this is a two family home and the applicant will eliminate the nonconformity and create a single family home. Mr. Rutherford explained the variances being requested and distributed a photo packet, prepared by Mr. Rosenberg, showing the existing conditions on the property, rendering of what is proposed and photos of the neighboring homes, which was marked as Exhibit A-1. Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Mr. Rosenberg testified regarding the plans he prepared, revised to 3-22-18. Mr. Rosenberg explained that the lot is narrow and if it were conforming there would be no variances. Board members clarified the numbers on the zoning table. There were no questions or comments from the public. Mr. Rutherford made closing comments. Following Board deliberation, Mr. Brown made a motion to approve, Ms. Matthews seconded, and all members vote yes.

TOM & KELLY NAKASONE – An application to permit the construction of a covered entry, 2-story addition, rear covered porch, patio and in-ground pool and detached garage which will result in a height of 33.3 feet, where 30 feet is permitted; coverage by above-grade structures within 140 feet of the front lot line of 24%, where 20% is permitted and coverage by improvements of 8,893 square feet, where 8,750 square feet is permitted at 321 North Pleasant Avenue, Block 3305, Lot 21, in the R-2 Zone. Kelly Nakasone, homeowner, was sworn. Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht distributed a photo packet he prepared, which was marked as Exhibit A-1. Mr. Schlicht testified regarding his drawings, revised to 6-26-18. Mr. Schlicht described the property and the variances being requested. Mr. Whitaker asked if the applicant would be willing to agree to a deed restriction indicating that both porches remain open. He Cixin, 317 North Pleasant Avenue, had concerns about the height of landscaping or a fence. The applicant said that they have no immediate plans regarding the landscaping. Following Board deliberation it was brought to the Board’s attention that the wrong lot number was used in the notice. The hearing was carried to July 10, 2018, with new notice to be done.

WALTER & DIANE KERNER – An application to permit the construction of a rear second story addition which will result in a side yard setbacks of 4.6 feet and 9.4 feet, where 10 feet is required and combine side yard setback of 14 feet, where 16.49 is required at 27 John Street, Block 3502, Lot 22, in the R-2 Zone. Walter and Diane Kerner, homeowners, were sworn. Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht distributed a photo packet he prepared, which was marked as Exhibit A-1. Mr. Schlicht testified regarding the existing conditions, the variances being requested and the fact that the lot with is not compliant, which creates the hardship. There were no questions from the Board. Lorraine Reynolds, 550 Wyndemere Avenue, asked about the existing and proposed gross building area. There were no comments from the public. Following Board deliberation, Mr. Lebow made a motion to approve, Ms. Matthews seconded, and all members voted yes.

Resolution memorialization:      The following resolutions were memorialized:   

-        Lynch-Littlejohn, 223 South Broad Street

-        Christian, 200 Sunset Avenue

-        Puell, 671 Newcomb Road

Meeting was adjourned at 10:12 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       November 27, 2018