20210914 - Zoning Board of Adjustment Meeting Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 14, 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.

 

Oath of Office was taken by Jason Curreri.

 

Present:         Present:  Greg Brown, Matthew Bandelt, Diana Ruhl, Isaac Lebow, Jonathan Papietro, Michael Pickholz and Jason Curreri. Also present were Bruce Whitaker, Board Attorney; Christopher Rutishauser, Village Engineer; Maryann Bucci-Carter, Village Planner and Jane Wondergem, Board Secretary. 

 

Absent:          Gary Negrycz

 

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Chairman Brown announced that the Reynolds 128-130 Ackerman Avenue, application has been withdrawn; the Maher, 250 Libby Avenue, application has been withdrawn; and the Morgan, 323 Franklin Avenue, application was carried to October 26, 2021, without further notice. 

 

New Business:

 

STEVEN LIBENSON and ELAINE DIVELBLISS – An application to permit the construction to enclose a front covered porch which will result in a front yard setback of 38.25 feet, where 40 feet required and a gross building area of 26.8% / 5357 sq. ft., where 24% / 5000 sq. ft. is permitted; and gross building area within 140 ft. of the front lot line of 38.3% / 5357 sq. ft., where 29% / 4620 sq. ft. is permitted at 41 Clinton Avenue, Block 2402, Lot 18, in an R-1 Zone.

 

Ms. Ruhl and Mr. Bandelt recused themselves from this application.

 

Elaine Divelbliss, homeowner, was sworn and made opening remarks explaining that they got a variance 7 years ago and never finished the project. They now want to construct an enclosed porch.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified in regards to what is existing on the property, explaining that what is proposed will have the same footprint as what was previously approved, but will be enclosed and they are requesting a variance for gross building area. The proposed enclosed porch will maintain the historic aspect of the house.

 

Board members asked for clarification regarding the floor plan and asked if the enclosed porch would be for year round use. Mr. Schlicht said it would be.

 

There were no questions or comments from the public.

 

Ms. Divelbliss made closing comments.

 

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

 

Old Business:

 

ERIC ROOS – An application for Certification of Nonconforming Use at 560 Route 17 North, Block 4704, Lot 6, in an R-125 Zone. (Continued from March 30, 2021; Carried from July 27, 2021 without further notice)

 

Robert Garibaldi was present on behalf of Mr. Roos. Mr. Garibaldi had Mr. Roos testify in regards to the approval requested in 1999 for an expansion of the nonconforming use and that he never implemented the expansion, but that the property continued to be used as a nursery, garden center.

 

Board members asked about the dates of use, who it was used by and how it has been used since Mr. Roos rented out the property in 2011. Board members asked if it could be a requirement that there would be no subleasing.

 

Christopher Ruthishauser, Village Engineer, was sworn. Mr. Rutishauser stated that there are photos that show there are several tenants on the site now. Mr. Whitaker said it would be an expansion of a non-conforming use and they would need to return to the Board for a ‘d’ variance to sublease.

 

Jacqueline Hone, 30 Carriage Lane, asked how many tenants were on the property now. Mr. Roos said there was one tenant using the property to store vehicles at this time. Ms. Hone asked if the property had been used as a nursery since 2019. Mr. Roos said it has not been as the property is for sale. Ms. Hone asked if there was any plan to rectify the disputed buffer. Mr. Garibaldi said there was nothing pending in regards to that. Ms. Bucci-Carter said that the buffer issue could be subject of future site plan application. There was further discussion regarding the buffer and what was there and how long it was there.

 

Joseph Burgis was sworn and his qualification as a professional planner accepted. Mr. Burgis testified regarding the report he prepared. Mr. Burgis said this was an unusual situation as the use existed prior to zoning.

 

Board members had no questions for Mr. Burgis. Ms. Bucci-Carter said that the concern is that there is more construction use on the property now and how would the Village be assured that the garden nursery use would be the only use.

 

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

 

Public comment:

 

Jacqueline Hone, 30 Carriage Lane, was sworn. Ms. Hone said there were discrepancies in the application, but upon further discussion it was determined the application is correct. Ms. Hone spoke about the Google photos she submitted showing the structure on the property. Mr. Roos said the structure was there since before 1999. Ms. Hone and Mr. Rutishauser said there were additional structures. Mr. Roos would have any additional structures removed. There was discussion regarding the original structure which Ms. Hone says was moved, and Mr. Roos says is in the same footprint. Ms. Hone says she has documents to prove that the structure has been moved and would submit them.

 

Emily Roos was sworn and testified that she grew up on the property helping her father, Eric Roos, and stated that the structure had not been moved.

 

Anthony Dimeglio, 557 Egan Terrace, Rivervale, was sworn and stated that he and his family did business with Mr. Roos since the early 1980’s and that they did all aspects of landscaping business.

 

Mr. Whitaker instructed the Board on what they needed to consider. After further discussion the matter was carried to September 28, 2021 for deliberation and vote, without further notice.

 

Resolution memorialization:           The following resolutions were memorialized:

• Boyan, 323 Steilen Avenue, Block 3301, Lot 28
• Carlone, 897 Best Court, Block 5003, Lot 18

 

The meeting was adjourned at 10:27 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: September 28, 2021