VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 28, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:36 p.m.

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Jason Curreri and Harold Maxwell were present. Also present were Bruce Whitaker, Board Attorney; Christopher Piersa, Village Engineer; John Barree, Village Planner, and Jane Wondergem, Board Secretary.

Absent:  Michael Pickholz and Jamie Fox

Minutes:          The minutes from October 24, 2023 were adopted.

Non-agenda items:

Board member comments – There were no comments at this time.

Members of the public comments –

Boyd Loving, 342 S. Irving Street, asked why a police officer was in the courtroom and said he was disappointed that the Board found it necessary to have an officer present.

Resolution Memorialization: The following resolutions were memorialized:

-        Rosenholz, 450 Summit Street

-        Stockport Bergen LLC, 560 Route 17

Public hearings

Old Business:

OUTFRONT MEDIA LLC – An application for preliminary and final major site plan approval for the construction and operation of a single pole, double faced, digital multimessage advertising sign which is a prohibited use and will result in a second principal use; expansion of an existing non-conforming use and bulk variance relief at 500 Route 17 South, Block 4703, Lot 10, in the OB-2 Zone. (Continued from September 12, 2023, 2023 without further notice)

Louis D’Arminio, Esq., was present on behalf of the applicant.

Douglas Standriff, Esq., was present on behalf of the objector, AK Realty, LLC.

Mr. D’Arminio said the last meeting left off at Board questions for the applicant’s Planner, John McDonough. Mr. McDonough was present and was previously sworn.

Board members asked about a statement that Mr. McDonough made that the applicant has a right to be there and asked him to explain. Mr. McDonough said he was speaking to the constitutionality of the land use as a form of free speech.

Board members asked about the necessity of the proposed height at 33% higher than what is permitted and if the site is suitable for this purpose. Board members asked if the height could be reduced. Board members referred to Exhibit A-27, the DOT outdoor advertising permits issued in the Village, and asked if they were comparable to what was being proposed by this application. Mr. McDonough said they were not. In regards to the size of the sign, Mr. McDonough said the proposed sign has been scaled back from the typical sign.

Board members asked how this location was chosen. Mr. McDonough explained the process. Board members asked if Mr. McDonough had ever testified regarding a sign abutting a residential neighborhood. Mr. McDonough did not recall.

Board members asked about nighttime photos, Mr. McDonough said photos are not taken at night.

Mr. Whitaker asked if Mr. McDonough was involved in the process while choosing the location, Mr. McDonough said he gets involved after the location is chosen and does not explore other sites; his testimony is for this location. Mr. Whitaker asked if it was shown that visibility would be the same at 30 feet, would Mr. McDonough recommend the lower height? Mr. McDonough said he would.

Mr. Barree asked Mr. McDonough to elaborate on how this application advances Purpose I of the MLUL, to promote a desirable visual environment. Mr. McDonough said the proposed sign is to be located in a highway commercial area and the sign is progressive and promotes new growth. Mr. Barree asked if the site will be more attractive with the sign than without it. Mr. McDonough said the sign integrates well into the environment and is surrounded by vegetation.

Mr. D’Arminio recalled Brett Skapinetz, Engineer, who was previously sworn.

Mr. Skapinetz testified in regards to supplementing the planting at the northside of the highway, along the Schedler property. Mr. Skapinetz showed photos taken from the Schedler property with sign simulation with the existing berm and with landscaping, marked as Exhibits A-29a and A-29b. Mr. Skapinetz described the proposed landscaping and showed a landscaping rendering, marked as exhibit A-30.

Mr. Standriff asked if the rendering of the sign is a correct representation compared to the Exxon and Kumon signs.

Pubic questions:

Susan Ruane, 705 Kingsbridge Lane, questioned the height of the signs in the rendering, as the Billboard will be taller than the surrounding signs. Ms. Ruane asked about the maintenance of the trees.

Cynthia O’Keefe, 542 West Saddle River Road, asked who wanted the trees planted at the Schedler property. Mr. D’Arminio said it is something the applicant is offering to do. Ms. O’Keefe asked who did the survey on the property and who gave permission for the applicant to go on the Schedler property to take photos.

Dave Ward, 552 Route 17 North, asked how the applicant is qualified to plant trees and exactly what kind of trees would be planted. Mr. Whitaker said the Zoning Board does not have jurisdiction regarding this landscape plan and that the Village Council would need to review what is proposed.

Christopher Piersa, Village Engineer, stated that anything done on the Schedler property would need approval from SHPO as well.

Jacqueline Hone, 30 Carriage Lane, asked why the discussion with the Council has not happened yet. Mr. D’Arminio said that they reached out to the Village, but they are still working on the plans for the Schedler property. Ms. Hone asked for the dated of the survey and why it was done. Mr. Skapinetz said they wanted to see what was on the other side of the highway. Ms. Hone asked if the berm would or if it could extend past the Schedler property. Mr. D’Arminio said it could be taken into consideration on a case-by-case basis.

Nick Aynilian, 477 Colonial Road, asked how the rendering could be correct. Mr. Skapinetz explained the process.

Frank Mortimer, 426 Van Buren Street, asked about the cost of the trees, which Mr. Whitaker said was irrelevant.

Hyun-Ju Kwak, 291 Highland Avenue, asked about irrigation for the trees and how long they would take to grow.

Madeline Canzani, 506 Sterling Place, asked if comments regarding Mr. McDonough’s testimony could be made at this time. Mr. Brwon said not until the appropriate time at the end of the hearing.

Linda Tarzian, 576 Highland Avenue, asked why this proposal regarding the trees was being made.

Matthew Rossi, 28 Chestnut Street, asked at what height the photo was taken from. Mr. McDonough said he took the original photo and he is 5’6”.

Frettra De Silva, 521 West Saddle River Road, asked about the purpose of the photo and berm and height, asking why the photo was not taken from the height of the windows of the house on the Schedler property as it is affecting a historic home.

Rohan DeSilva, 521 West Saddle River Road, asked about Mr. Skapinetz’ qualifications as he said he did not know the answers to some of the questions.

Arlene Berlamino, 76 Fardale Avenue, Mahwah, asked if one side of the highway was higher than the other in regards to the view of the sign from the Schedler property. Mr. Skapinetz explained that it is due to the perspective, as the photos taken are 700 feet away from the sign.

Board questions for Mr. Skapinetz – Board members asked Mr. Skapinetz to look again at the accuracy of the photo and to compare it to previous exhibits taken from a similar distance.

Mr. Standriff said he has two fact witnesses to call.

Linda Marticek, 548 Route 17 North, was sworn and testified that she resided in the home for 77 years.

Board members asked Ms. Marticek to identify her property on the map. Board members asked Ms. Marticek to describe the conditions when she moved to the property, and stated that when she moved to the house, Route 17 was two lanes. Ms. Marticek said she never received a notice about the application.

Al Kurpis, 30 Wermus Brood Drive, Saddle River, was sworn.  Dr. Kurpis testified that he has his dental practice at 545 Route 17 South. Dr. Kurpis described his sign and said that the billboard would affect his business by distracting drivers from seeing his sign. Dr. Kurpis showed photos he had taken of his sign and the entrance and exit from the property which showed the unsuitability of the billboard at this location as it would distract drivers. A second photo showed damage to the driveway divide. The photos were marked as Exhibits AK-9 and AK-10.

Public questions:

Susan Ruane, 705 Kingsbridge Lane, asked how often Dr. Kurpis saw accidents on Route 17. Dr. Kurpis stated that he saw accidents.

Kathryn Schmidt, 123 South Irving Street, asked if Dr. Kurpis would advertise on the sign. He said he would not.

Rohan DeSilva, 521 West Saddle River Road, asked Dr. Kurpis why he wouldn’t advertise on the sign.

Diana Haderthauer, 470 Albin Court, asked for photos from behind the sign.

Rohan DeSilva, 521 West Saddle River Road, asked about meeting procedure.

Frettra DeSilva, 521 West Saddle River Road, asked who else was in his building.

Cynthia O’Keefe, 545 West Saddle River Road, asked Dr. Kurpis if he would be able to see the sign when he walks out of his door. Mr. Kurpis said he would.

Jacqueline Hone, 30 Carriage Lane, asked Dr. Kurpis how many tenants were in building and if the sign would be a distraction. Ms. Hone asked Dr. Kurpis how long he had been there, Dr. Kurpis said 20 years.

There were no questions from the Board members.

Mr. Barree asked if the driveway issues exist today and if Dr. Kurpis spoke with the property owner. Dr. Kurpis said he had several times.

Mr. Standriff said he has two more witnesses. Mr. Brown explained that the public would have an opportunity to speak after Mr. Standriff’s witnesses are finished testifying and all questions asked.

The hearing was carried to February 27, 2024 without further notice.

The meeting was adjourned at 11:15 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           January 23, 2024

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 14, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:45 p.m.

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Jason Curreri (arrived 9:11 p.m.), Jamie Fox and Harold Maxwell were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner; Christopher Rutishauser, Village Engineer; and Jane Wondergem, Board Secretary.

Absent:  Michael Pickholz

Non-agenda items:

Board member comments: Mr. Brown recognized Mr. Whitaker who was recently honored for 50 years of service.

Members of the public comments: There were no comments at this time.

Discussion: Rosenholz, 450 Summit Street – Mr. Rosenholz, homeowner, was present to explain the need to amend the approved plans. Roger Schlicht, architect, was present to describe the proposed changes which did not exacerbate the variance relief.

Following discussion, the Board members determined that Mr. Rosenholz would not need to come back to the Board. The amended plans dated 10/30/23 were approved. Mr. Rosenholz was told that the time to obtain permits was not extended.

Public Hearings:

Mr. Brown announced that the Leonard-Hallowell, 65 Park Slope, application was carried to December 12, 2023 without further notice.

STOCKPORT BERGEN, LLC – An application for preliminary and final major site plan approval and variance approval to the extent required, to restore property to its condition as a nursery/garden center at 560 Route 17, Block 4704, Lot 6.01, in an R-125 Zone.

Jason Tuvel, Esq., entered his appearance on behalf of the applicant and made opening remarks regarding the 1999 and 2019 hearings. Mr. Tuvel addressed the prior resolutions which detailed the use, hours of operation and lighting. Mr. Tuvel stated that the applicant was in front of the Board at this time to address condition #7 of the 2021 resolution which said the applicant must show that the property was restored to what was previously approved and receive site plan approval.

Mr. Whitaker clarified that this was not an application for variance relief but to show that the property had been restored. Mr. Whitaker stated that the use had previously been issued a certificate of non-conformity in regards to use and that issue would not be discussed. Mr. Whitaker explained that the Zoning Board is not an enforcement agency and they will not discuss issues of what may or may not have gone on at the site. The applicant must show the Board that the property had been restored to what it was in 1999, and that the Board can consider the modification of the plan.

William Boyce was sworn as a landscape architect. There were no questions from the Board regarding his credentials. Rohan De Silva, 521 West Saddle River Road, asked about Mr. Boyce’s credentials. Mr. Boyce’s credentials as a landscape architect were accepted.                                                                                                                                                                                                                                                           

Mr. Boyce testified regarding the site plans submitted, including the 1999 site plan, the existing conditions and the proposed site plan. Mr. Boyce testified that the applicant had restored the property to the conditions of the 1999 site plan. Mr. Boyce testified that the applicant would be willing to relocate nursery stock away from the easterly property line, supplement the existing landscape buffer and that all lighting would face downward and will conform to Village code.

John Barree, Village Planner, was sworn. Mr. Barree asked who owned the split rail fence. Mr. Boyce said that it is State property. Mr. Barree asked about the signs shown on the site plan. Mr. Boyce said the signs are shown on the 1999 site plan and will be conforming signs.

Christopher Rutishauser, Village Engineer, was sworn. Mr. Rutishauser asked if the parking area and the areas where equipment will be stored will remain as gravel. Mr. Boyce said it will.

Board members asked about the concrete bins, which were not in the 1999 site plan. Mr. Tuvel said they are not permanent structures; they are removable and are used to organize product. Board members asked how they determined where the gravel areas were from 1999. Mr. Boyce said they based it on aerial views from the past. Board members asked if the concrete blocks would remain and if they would always remail open. The applicant said they would. Board members asked about the proposed screening and the applicant will submit a landscape plan for review and approval from the Village professionals. Board members asked how they would control dust when it is dry. The applicant stated that they would use overhead water and that that the owners are licensed in irrigation.

Public questions:

Rohan De Silva, 521 West Saddle River Road, asked what would be in the area on the eastern boundary. Mr. Tuvel said they would move nursery stock, place limited equipment there, and screen. Mr. De Silva asked about the sign and if it would be visible from Route 17.

Saurabh Dani, 390 Bedford Road, asked about the time line regarding the planting of additional plans. Mr. Whitaker said if the Board approves a revised site plan will need to be submitted and reviewed by the Board and the Board professionals to see if it is in compliance with the resolution.

Mark Milian, 530 West Saddle River Road, asked about contamination of the soil. Mr. Tuvel stated that the property owners had Phase I and Phase II reports and no further action was needed, so there is no contamination.

Jacqueline Hone, 30 Carriage Lane, asked about proposed lighting. Mr. Tuvel said they would be downward facing and any security lighting would need to be approved by the Ridgewood Police Department. Mr. Tuvel reiterated that all lighting will be in compliance. Ms. Hone asked about the location of the nursery stock and was shown on the plans where it would be located. Ms. Hone asked about the dimension of the boulder wall. Mr. Boyce went over the dimensions of the wall, location of equipment and nursery stock and trees. Ms. Hone asked if the front entrance would be closed to secure property and about the signs. Ms. Hone said the proposed parking area is different than on the 1999 site plan. Mr. Tuvel said the proposed parking area is less than what existed in 1999 as they would rather have more stock than parking area. Ms. Hone asked about the dying trees and if they would be replaced. Mr. Boyce stated that the applicant will replace and add trees. Ms. Hone urged the applicant to provide the Phase I and Phase II reports.

Patricia Infantino, 6 Betty Court, asked about the shed. Mr. Tuvel explained that the approved 1999 site plan was never built and has since expired and they were restoring the site back to the 1999 existing plan and that the 2023 existing plan does not propose any new buildings. Ms. Infantino asked if the signs would be electronic. Mr. Tuvel said they would not be scrolling signs and would be in conformance.

Frettra De Silva, 521 West Saddle River Road, asked for clarification on the location of the pine trees, drainage, irrigation and the size of the signs.

Steve Kim, 291 Highland Avenue, read from the resolution regarding the site plan being required. Mr. Tuvel explained that the prior owner expanded use in some areas. Mr. Kim asked about enforcement, which Mr. Whitaker said is not before this Board.

Madeline Canzani, 506 Sterling Place, asked about the bins, stating that they were not there in 1999. Mr. Tuvel said they are movable structures for storing nursery stock, not permanent structures. Ms. Canzani also asked about the planting and buffer, which Mr. Tuvel said would be added.

Saurabh Dani, 390 Bedford Road, asked about additional structures on site. Mr. Tuvel said they are small sheds for storing tools and that in 1999 there was a larger shed along the southern property line.

Jacqueline Hone, 30 Carriage Lane, asked if bins are considered structures. Mr. Barree read the definition of structure.

Ms. Hone submitted a Notice of Sale regarding the property, marked as Exhibit O-1. Mr. Tuvel said the document was an agreement of sale of the property and the actual deed did not occur until after the Certificate of Non-conformity.

Mr. Curreri left the meeting as he would not be eligible to vote on the Stockport Bergen, LLC, application.

Anthony John Dimiglio, Principal of Stockport Bergen, LLC, was sworn. Mr. Dimiglio stated he had been in the nursery garden center business for 45 years. Mr. Dimiglio testified that their business would be the only one on site and described hours and activity. Mr. Dimiglio stated that lights would be off 1 hour after closing and lighting will comply with Village ordinance. Mr. Dimiglio described the equipment that would be on site and said there is electric to the existing structure.

Mr. Whitaker asked Mr. Dimiglio if he was a licensed contractor and if he had the necessary certifications. Mr. Whitaker asked what would be stored in the bin area.

Mr. Rutishauser asked what water source would be used for irrigation. Mr. Dimiglio said both well water and Village water would be used and he is aware of summer water restrictions.

Mr. Barree asked if there was any intention of enclosing the bins. Mr. Dimiglio said they would not be enclosed, and though they could be relocated, the existing location is the most advantageous.

Board   members asked if the sheds on the 2023 survey would remain. Mr. Dimiglio said the shed on the 1999 survey is larger and the ones on site now will remain.

Public questions:

Mark Milian, 530 West Saddle River Road, asked about environmental concerns and if the applicant would be willing to share the Phase I and Phase II reports. Mr. Tuvel said those are proprietary documents. Mr. Milian asked about the plans for the buffer. Mr. Dimiglio said that evergreens would be planted for screening and that a landscape plan will be submitted for review by the Village professionals. Mr. Milian asked about noise and Mr. Dimiglio said they would comply with the Village noise ordinance and hours of operation restrictions.

Rohan De Silva, 521 West Saddle River Road, asked how many other businesses Mr. Demiglio operates. Mr. De Silva asked about the irrigation system that may be used.

Frettra De Silva, 521 West Saddle River Road, asked if fertilizer had been stored in 1999. Mr. Dimiglio said that fertilizer will be stored and covered according to regulation. Ms. De Silva asked if the entrance would be closed.

Saurabh Dani, 390 Bedford Road, asked what the relationship between the prior owner and the current applicant. Mr. Tuvel said the applicant had visited the site but was not affiliated with the prior business.

Jacqueline Hone, 30 Carriage Lane, asked about the change of landscape on the property around 1980 and about the clear cutting of 250 trees. Ms. Hone asked if the restoration would include replacing those trees. Ms. Hone asked about the size of the vehicles that would be on the property. Mr. Whitaker said that was not relevant as it does not pertain to the restoration. Ms. Hone asked about the materials being stored in the bins and about the boulder wall.

Public comment:

Jacqueline Hone, 30 Carriage Lane, referred to emails that were sent to the Board members showing activity and conditions on the site. Ms. Hone stated that she would like to see the 250 trees replaced. Ms. Hone referred to photos which could not be located in the emails.

Following Board discussion, Mr. Tuvel asked that the Board take action. Ms. Hone could send her exhibits to the Board to be considered since the applicant needs to submit a landscape plan to be reviewed by the Board professionals.

Ms. Hone said that Mr. Rutishauser recused himself from this application. Mr. Rutishauser said he was not recused. Following discussion, it was decided that Mr. Barree would review the revised site plan.

The hearing was closed.

Following Board discussion Mr. Bandelt made a motion to approve, Mr. Papietro seconded, and the application was approved.

The meeting was adjourned at 11:59 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           January 23, 2024

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

October 24, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:38 p.m.

Present:  Greg Brown, Matthew Bandelt (arrive 8:00 p.m.), Gary Negrycz, Jonathan Papietro, Michael Pickholz, Jason Curreri and Harold Maxwell were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner; Christopher Rutishauser, Village Engineer; Brian Intindola, Traffic Expert, and Jane Wondergem, Board Secretary.

Absent:  Diana Ruhl, and Jamie Fox

Minutes:          The minutes from October 10, 2023 were adopted.

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.

Resolution Memorialization: The following resolutions were memorialized:

-        Bazuro, 224 South Maple Avenue

-        Feddock, 162 Hope Street

Public Hearings:

Mr. Brown announced that the Hugo and Hayley Rodriguez, 60 South Murray, application was carried to December 12, 2023 without further notice.

LES DANN, LLC – An application for preliminary and final major site plan approval, expansion of a nonconforming use variance approval, and use variance approval for the construction of an auto body shop, which will serve as the principal use at 246-264 South Broad Street, Block 3905, Lots 12, 13 and 14, in an R-3 Zone. (Continued from August 8, 2023; Carried from October 10, 2023 without further notice)

Mark Semeraro, Esq., was present on behalf of the applicant and said they had 3 witnesses available to testify at this meeting.

Mr. Whitaker addressed the Board regarding the application for certification of non-conformity stating that the applicant needs to prove to the Board that the use pre-existed the ordinance that created requirements that no longer permitted the use. The Board then needs to approve or not approve a certificate of non-conformity.

Robert Inglima, Jr., Esq., was present on behalf of the objector, Religious Society of Friends, Ridgewood Friends Meeting, Friends Nursery School. Mr. Inglima asked Mr. Semeraro if the request for non-conforming use certification was only for lots 12 and 14. Mr. Semeraro said that was correct.

Karl Montick, Jr., 2800 Spring Meadows Drive, Boseman, Montana, was sworn. Mr. Montick previously operated Ridgewood Vehicle, Inc., located at 246 S. Broad Street, and Ridgewood Auto Body, located at 264 S. Broad Street. Mr. Montick’s father owned 246 S. Broad Street and his grandfather owned 264 S. Broad Street. Mr. Montick started working for those businesses in the 1960s when he was in high school. Mr. Montick stated that at some point his father, Karl Montick, Sr., bought 264 S. Broad Street and continued operating an auto body business on the property.

Mr. Montick described the use of the properties and where vehicles, parts and machinery were stored at the back of the lots. Mr. Montick testified that body painting was done.

Mr. Montick stated that Ridgewood Auto Body, and then Barry’s Auto Body were operated by tenants.

Mr. Bandelt arrived at the meeting at 8:00 p.m.

Mr. Montick testified that he continued to work at the business during summers during college and when he would return for visits and that around 1985 he returned to work full time in a managerial position. Mr. Montick stated that at no time did the auto body operation stop at 246 S. Broad Street or 264 S. Broad Street. Mr. Montick stated that at one time his father applied to Zoning Board to put up additional buildings but the request was eventually withdrawn. Mr. Montick officially took ownership of the properties in 1988.

Mr. Montick stated that other vehicles were stored on the properties beginning in the late 1990s. Mr. Montick acquired 256 S. Broad Street in 2000, but it was not used for the auto body business, the rear of the property was used to access both 246 and 264 S. Broad Street.

Mr. Montick was shown the earlier photo exhibits and he described what was in them.

Mr. Semeraro distributed a photo packet which Mr. Inglima objected to.

Mr. Inglima cross-examined Mr. Montick. Mr. Inglima asked if Mr. Montick, Sr., was the first operator of Ridgewood Auto Body and what the prior use was on the property. Mr. Montick didn’t know.

Mr. Inglima submitted a copy of the survey of the properties with the buildings highlighted and asked Mr. Montick to identify the buildings and when they were built. Mr. Montick was not sure when they were built, but identified the buildings. Mr. Montick said that lot #13 remained as a residential property which was rented out. The garage on lot #13 was used as storage for Ridgewood Vehicle.

Mr. Inglima asked about additional tenancies on the properties, such as MNK Landscaping and Rick’s Pool Service, who parked vehicles on the property. Mr. Montick said that a section of Lot #12 was used for trailer and equipment during the construction of West Bergen Mental Health.

Mr. Inglima asked about Ridgewood Taxi and when they leased Lot #14.

Mr. Inglima showed Mr. Montick the applicant’s photos and asked if they correctly represented the condition of the 3 lots when they were purchased by Les Dann, Inc. Mr. Montick stated that a few things had changed on the properties, such as different vehicles and equipment, but the condition was basically the same.

Mr. Inglima asked about the lease agreements with Barry’s Auto Body and E & J and who was responsible for maintenance of properties. Mr. Inglima asked about the sale of the properties.

There were no questions from the public for Mr. Montick.

Mr. Whitaker asked about the Ridgewood Taxi use of the site and if tow trucks came to the site.

Alex Saavedra, 259 Union Street, Hackensack, was sworn and his credentials as a licensed private investigator accepted. Mr. Saavedra described his process for getting information, which was primarily from the library and archives. Copies of newspaper articles and Sanborn maps were shown and marked as Exhibits A-50 through A-65. Mr. Saavedra testified that these documents showed that the property located at 264 S. Broad Street had been used for auto body repair since during the 1930s. Mr. Saavedra showed copies of newspaper ads and articles, marked as Exhibits A-65 through A-70, showed that the property located at 246 S. Broad Street had been used for auto body repair since the 1960s.

Mr. Inglima cross-examined Mr. Saavedra, asking if he personally visited the library and searched the records, and asked what terms he used in his search. Mr. Saavedra said he did the search himself, but did not keep the list of terms. Mr. Inglima asked if the articles shown were all that were available. Mr. Saavedra said there may be more, but that he did not exclude anything specific. Mr. Inglima asked if any other searches were made, or if an OPRA request was made to any government offices. Mr. Saavedra said he did make an OPRA request but that no documents were able to be found as some records had been lost in flooding.

Mr. Inglima objected to Mr. Saavedra’s entire testimony, stating that it was a selective source of information.

There were no questions from the public.

There were no questions from the Board.

The hearing was carried to January 23, 2024 without further notice.

The meeting was adjourned at 10:46 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           November 28, 2023   

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

October 10, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:39 p.m.

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Jonathan Papietro, Jason Curreri and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner, and Jane Wondergem, Board Secretary.

Absent:  Diana Ruhl, Michael Pickholz and Harold Maxwell

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:

Mr. Brown announced the following:

-        Les Dann, LLC, 246 – 264 S. Broad Street application was carried to October 24, 2023 without further notice.

-        Lu and James Gusfa, 288 Overbrook Road, application was carried to December 12, 2023 without further notice.

New Business:

JOHN & SOMMER BAZURO -  An application to permit the construction of a one story addition and 2nd floor dormer which would result in a rear yard setback of 17.4 feet, where 30 feet is required at 224 South Maple Avenue, Block 3904, Lot 7, in an R-3 Zone.

John Bazuro, homeowner, was sworn.

Roger Schlicht was sworn and his credentials as a licensed architect accepted.

Mr. Schlicht testified regarding the existing setbacks, the lot size and the shape of the lot. Mr. Schlicht testified that the house is a two-family house with one apartment in the basement. The variance being requested is for the first floor addition only. Mr. Schlicht testified regarding the floor plans and the elevations. Photos were distributed showing the Green Giant evergreens in the back yard which will shield the addition.

Mr. Barree went over his report and asked about the basement apartment. Mr. Schlicht said the apartment does not interface with the upstairs at all. The laundry room for the first floor is in the basement, but there is no internal connection to the apartment.

Mr. Whitaker asked for clarification regarding the 2^nd floor bedroom. Mr. Schlicht said the bedroom on the second floor is not code compliant. Mr. Whitaker said it could not be labeled as a bedroom on the plans. Mr. Schlicht said he would change the plans in regards to the 2^nd floor bedroom.

Board members asked why they needed two offices, Mr. Bazuro said both he and his wife work from home. Board members asked about parking. Mr. Schlicht showed the parking diagram which satisfied the parking requirement.

Public questions:

Steven Bergman, 229 Prospect Street, asked if there would be any excavation. Mr. Schlicht said there would be a crawl space under the addition, not a basement, which would be 17 feet from Mr. Bergman’s property.

Phil Williams, 226 Prospect Street, asked why the application said it was identified as a one-family house on the application. Mr. Schlicht said that was an error on the application which had been addressed in the completeness report.

Public comments:

Phil Williams, 226 Prospect Street, was sworn and said the problems could be solved by making it a single family home. Mr. Whitaker said the house is a legal 2-family.

Mr. Schlicht made closing comments, stating that the applicant wishes to live on one level as they have a child with special needs.

Following Board deliberation, Mr. Bandelt made a motion to approve, Mr. Negrycz seconded, and the application was approved.

MATTHEW & ELANA FEDDOCK – An application to permit the construction of a one story addition, replacement of porch and roof addition which would result in a building height of 31.5 feet, where 30 feet is permitted; front yard setback of 28.1 feet, where 40 feet is required and a side yard setback of 3.7 feet, where 10 feet is required at 162 Hope Street, Block 4007, Lot 17, in an R-2 Zone.

Matthew and Elana Feddock, homeowners, were sworn.

Mr. Feddock testified regarding the zoning table and described what was proposed. Mr. Feddock explained that the height variance is needed to add space in the attic and a dormer is needed to access the third story.

Mr. Barree commented regarding the zoning table and made a correction regarding the accessory structure.

Board members asked why the porch was being replaced and Mr. Feddock said it was in disrepair. Board members asked about the roof height and clarified that it was not a third story. Board members asked if the applicant would stipulate that the porch would never be enclosed in any way and Mr. Feddock agreed. Board members asked about the 2017 resolution, Mr. Feddock said that work was never done.

There were no questions or comments from the public.

Following Board deliberation, Mr. Brown made a motion to approve, Mr. Negrycz seconded, and the application was approved.

Resolution Memorialization –  The following resolutions were memorialized:

-        Miqbel, 665 Terhune Road

-        Herklots, 117 Avondale Road

-        CMD Homes NJ, LLC, 482 Northern Parkway

The meeting was adjourned at 8:39 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           October 24, 2023