20211123 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 23, 2021

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:46 p.m.

 

Present:         Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl (arrived at 8:10pm), Jonathan Papietro, Michael Pickholz (left at 9:10 p.m.) and Harold Maxwell. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

 

Absent:  Isaac Lebow, Jason Curreri

 

Minutes:          The minutes from November 9, 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:

 

New Business:

 

THERESE WHEELER -  An application to permit the installation of an air conditioning condensing unit to remain within the required front yard setback from Phelps Road at 464 Summit Street, Block 1510, Lot 2, in an R-2 Zone. (Carried from October 26, 2021 without further notice)

 

Therese and Julian Wheeler, homeowners, were sworn. Ms. Wheeler testified that the unit had already been installed when they were notified that it was not permitted in that location. Ms. Wheeler testified as to photos showing where the unit is located. The hardship is due to the narrowness of Phelps Road. Ms. Wheeler explained why the unit cannot be located elsewhere on the property.

 

Board members asked about the existing shrubs around the unit and if they could plant additional shrubs to screen the unit. Board members asked that a survey showing the exact setback of the unit be submitted.

 

There were no questions or comments from the public.

 

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

 

Ms. Ruhl arrived to the meeting at 8:10 pm.

 

PAUL BRICKFIELD & NANCY SCAPPATICCI – An application to permit the construction of a second story addition and a two story addition which would maintain a side yard of 10.5 feet where 17.8 feet is the minimum required; would result in total coverage by above grade structure of 25% where 20% is permitted; total coverage by above grade structure, within 140 feet, of 25% where 20% is permitted; total coverage by improvement of 48.8% where 45% is the maximum permitted and total coverage by improvement of 50.5%, within 140 feet of the front lot line, where 45% is the maximum permitted at 257 South Irving Street, Block 4106, Lot 31, in an R-1 Zone. (Carried from October 26, 2021 without further notice)

 

David Rutherford, Esq., entered his appearance and made opening remarks, briefly describing what is proposed.

 

Peter Cooper was sworn and his credentials as a licensed architect accepted. Mr. Cooper gave a general overview of the property, what is existing on the property now and what is proposed. Mr. Cooper testified that the variances are within the existing footprint of the house and that the lot width is undersized. Mr. Cooper testified as to his drawings, describing the floor plans and what is being added and the variances being requested.

 

Board members asked about the location of the patio and the barbeque as it is less than 10 feet from the property line. Board members asked about the necessity of the walkways. Mr. Rutherford said the applicants would decrease the depth of the patio and reconfigure the walkway on the left side of the house and there would be no net increase of coverage.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Bandelt made a motion to approve the application pending review of the revised plans by the Site Plan Committee. Ms. Ruhl seconded the motion and the application was approved by a majority of the Board.

 

Mr. Pickholz left the meeting at 9:10 p.m.

 

IRVING BAUM – An application to permit the construction of a front porch, which would result in a front yard setback on Spring Avenue of 20.33 feet, where 40 feet is required; front yard setback on Circle Avenue of 12.08 feet, where 45 feet is required; a side yard setback of 8.82 feet, where 10 feet is required; and coverage by above-grade structure of 24.9%, where 20% is the maximum permitted at 532 Spring Avenue, Block 4301, Lot 6, in an R-2 Zone.  (Carried from October 26, 2021 without further notice)

 

Irving Baum, homeowner, was sworn.

 

Mr. Brown explained that Mr. Baum had submitted an application earlier in the year and that the Board needs to make a determination if this application falls within the parameters of Res Judicata. Following Board discussion, it was determined that the application could be considered a new application.

 

Mr. Baum testified as to the consideration made to submitting the new application with a proposed front porch as the Board had issues with the side porch in the previous application. Mr. Baum testified that the proposed porch is in keeping with the neighborhood and it will add curb appeal to the home. Mr. Baum described the hardship as being an undersized corner lot and the location of the existing house.

 

Board members asked about the front yard setback of the neighboring house. Board members asked about the shrubbery and what would remain. Mr. Baum said he would plant new shrubbery in front of the porch.

 

There were no questions from the public.

 

Public comment: Charles DiMarco, 225 Circle Avenue, was sworn. Mr. DiMarco stated that the whole neighborhood predates zoning and the coverage and setbacks are nonconforming. Mr. DiMarco spoke in support of the application.

 

Following Board deliberation, Ms. Ruhl made a motion to approve, Mr. Brown seconded, and the application was approved by a majority of the Board.

 

JONATHAN & JOYCE TAYLOR – An application to permit the construction of a deck which would result in a side yard setback of 13.48 feet, where 16 feet is required; total aggregate side yard setback of 29.73 feet, where 33.3 feet is required; and coverage by above grade structures within 140 feet of the front lot line of 28.12%, where 20% is permitted at 589 Westbrook Road, Block 4908, Lot 54, in an R-1 Zone.

 

Jonathan & Joyce Taylor, homeowners, were sworn. Sean Scott, project manager, was sworn.

 

Mr. Taylor testified that they proposed to expand the deck. Mr. Scott testified as to the variances being requested.

 

Board members asked about the hardship. Mr. Scott stated that the majority of the coverage on the property is within the first 140 feet of the front lot line as the house was built prior to that zoning ordinance, and the lot is disproportionately longer that it is wide.

 

Board members commented that the property is very large and Ms. Taylor said that much of the back yard is not usable due to the topography and flooding.

 

After further discussion the hearing was carried to December 14, 2021 without further notice.

 

Resolution memorialization: The Feddock, 162 Hope Street, resolution was memorialized.

           

The meeting was adjourned at 10:50 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           December 14, 2021