20210713 - Zoning Board of Adjustment Meeting Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

July 13, 2021

 

Opening:

 

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

 

REORGANIZATION:

 

Greg Brown and Michael Pickholz took the Oath of Office.

 

Present:         Greg Brown, Diana Ruhl, Jonathan Papietro, Isaac Lebow, Matthew Bandelt and Michael Pickholz were present.

 

Absent:          Gary Negrycz

 

            Board Attorney:                      Bruce Whitaker

            Chairman:                               Greg Brown

            Vice Chairman:                       Matthew Bandelt

            Chairman Pro Tem:               Gary Negrycz

            Board Secretary:                    Jane Wondergem

            Board Professionals:  Chris Rutishauser, Village Engineer; Maryann Bucci-Carter and Peter Van Den Kooy, Village Planners

            Site Plan Committee:             Gary Negrycz, Jonathan Papietro, Diana Ruhl

 

The By-Laws of the Zoning Board were adopted. The Resolution of Adoption in the Matter of Compliance with the Requirements of the Open Public Meetings Act was approved. The schedule of meetings for the year July 1, 2021 to June 30, 2022 were approved.

 

The Reorganization meeting was closed.

 

The regular public meeting was called to order at 8:00 p.m. 

 

Approval of Minutes: The minutes from June 8, 2021 were adopted.

 

Non-agenda items:

 

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

 

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

 

Public Hearings:

 

Chairman Brown announced that the Katzevich, 244 Ackerman Avenue, application was withdrawn; the Ahlborn, 313 Bedford Road, the Fedorov, 440 Cambridge Avenue, and the Maher, 250 Libby Avenue, applications were carried to July 27, 2021 without further notice.

 

Old Business:

 

FARHAN RASHEED & RUMANA SULTANA – An application to permit the installation of an above ground pool and extension of existing deck which would result in coverage by above grade structures within 140 feet of the front lot line, of 20.9%, where 20% is permitted at 1090 Hillcrest Road, Block 1104, Lot 2, in an R-1 Zone. (Continued from May 25, 2021, without further notice)

 

Amy Hummerstone was sworn and her credentials as a licensed architect accepted. Ms. Hummerstone testified as to the changes and reductions made to the proposed deck since the previous meeting.

 

Mr. Rasheed was present and previously sworn and spoke to the reductions made in response to the concerns expressed by the Board.

 

Board members asked about the height of the pool and what was proposed to be around the pool where there was no deck. Mr. Rasheed explained that there would be lattice work and plantings around the pool.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Lebow made a motion to approve with the conditions discussed in regards to landscaping around the pool and the pool equipment. Mr. Bandelt seconded, and the application was approved.

 

KELLY & DANIEL MORGAN – An application to permit the construction of a one story addition which would result in a front yard setback of 28.4 feet where 45 feet is required and coverage by improvements of 52.1%, for the entire lot, where 45% is permitted and coverage by improvements of 57.6%, within 140 feet of the front lot line, where 45% is the maximum permitted at 323 Franklin Avenue, Block 3611, Lot 17, in an R-2 Zone. (Continued from May 25, 2021, without further notice)

 

Kelly and Daniel Morgan were present and previously sworn. Ms. Morgan referred to the updated survey and the zoning approval in regards to the driveway.

 

Board members had questions regarding the driveway and the patio and how it was all approved. Board members had an issue with the existing non-conforming coverage by improvements and exacerbating it with the proposed additional walkway to the entrance of the addition. Board members asked if the addition could be reconfigured to have an entrance closer to the driveway.  Ms. Morgan explained the floorplan and why that wouldn’t be practical.

 

Following further discussion, the application was carried to August 10, 2021 without further notice.

 

New Business:

 

JAMES and ERIN NEKUS – An application to permit the construction of a one floor addition and front porch addition which would result in a front yard setback of 24.7 feet, where 40 feet is required; combined side yard setback of 30.8 feet, where 40.92 feet is required; and an accessory building to be located 11 feet from the principal building, where 12 feet is required at 151 Northern Parkway, Block 3604, Lot 11, in an R-1 Zone. (Carried from June 22, 2021, without further notice)

 

Thomas Garlick, Esq., entered his appearance and made opening remarks.

 

James and Erin Nekus, homeowners, were sworn and explained why they are requesting the variances for the addition. Mr. Nekus described the photos which had been distributed to the Board and the existing conditions on the property. Board members asked for clarification regarding the survey and the necessity of the large front porch.

 

William Brown was sworn and his credentials as a licensed architect accepted. Mr. Brown testified as to the existing conditions on the property and the challenge of the irregular lot. Mr. Brown stated that the proposed porch was planned to be used, not decorative. Mr. Brown described the floor plan, the proposed mudroom and the elevations.

 

Board members confirmed that the variances being requested were for setbacks, not coverage. Board members asked if the sunroom was to be used year round. Mr. Brown said it would. Board members asked that the porch would never be enclosed. The applicant agreed.

 

There were no questions or comments from the public for Mr. Brown.

 

Thomas Donahue was sworn and his credentials as an engineer accepted. Mr. Donahue testified as to the plot plan he prepared and the setbacks. Mr. Whitaker clarified the calculations.

 

There were no questions or comments from the public for Mr. Donahue.

 

Mr. Garlick made closing comments.

 

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

 

JAMES and LORRAINE REYNOLDS – An application to permit the construction of a one story addition which would result in the alteration of a non-conforming structure and in a rear yard setback of 11 feet, where 30 feet is required at 128-130 Ackerman Avenue, Block 2207, Lot 10, in an R-3 Zone. (Carried from June 8, 2021 without further notice) Mr. Lebow recused himself from this hearing.

 

Rocco Orlando was sworn and his credentials as a licensed architect accepted. Mr. Orlando explained the revised zoning table due to recalculating the gross building area to include the attic. Mr. Orlando described the photos which had been distributed and testified as to the plans he prepared for the proposed addition for the bathroom.

 

Lorraine Reynolds, homeowner, was sworn and distributed a copy of the tax map showing homes in the neighborhood which have 2 bathrooms.

 

Mr. Whitaker explained that what is being requested is a ‘d(2)’ variance for the expansion of a non-conforming use and that the applicant must show that such variance relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance.

 

The application was carried to August 10, 2021 without further notice.

 

Resolution memorialization:   The following resolutions were memorialized:

• Molloy, 663 Delaware Avenue
• Bruno, 384 Beveridge Road

 

Discussion – The discussion regarding the annual report was tabled until the next meeting. Chairman Brown asked Board members to send him any comments they had.

           

The meeting was adjourned at 9:41 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: August 10, 2021