20211214 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

December 14, 2021

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:44 p.m.

 

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Michael Pickholz and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

 

Absent:  Isaac Lebow and Jason Curreri

 

Minutes:          The minutes from November 23, 2021 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:

 

Mr. Whitaker announced that memorialization of the Roos, 560 Route 17 North, resolution was carried to January 11, 2022.

 

The following resolutions were memorialized:

-       Morgan, 323 Franklin Avenue

-       Jennee, 650 Wyndemere Avenue

-       Wheeler, 464 Summit Street

-       Brickfield and Scappaticci, 257 S. Irving Street

-       Baum, 532 Spring Avenue

 

Public hearings

 

Mr. Brown announced that the McCann, 236 Walthery Avenue, application was carried to January 11, 2022 without further notice.

 

Old Business:

 

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 26.8%, where 20% is permitted at 589 Westbrook Road, Block 4908, Lot 54, in an R-1 Zone. (Continued from November 23, 2021 without further notice)

 

Lawrence Bailos was sworn. Mr. Bailos was present to testify regarding the revised plans.

 

Jonathan Taylor made comments regarding the revisions made after considering the comments and concerns from the Board at the previous hearing.

 

Board members noticed a discrepancy on the zoning table which would need to be corrected prior to obtaining permits.

 

There were no questions or comments from the public.

 

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

 

New Business:

 

DANIEL & MICHELLE SAWYER – An application to permit the construction of a deck which would result in coverage by above grade structures within 140 feet of the front lot line of 22.5%, where 20% is the maximum permitted at 338 South Irving Street, Block 4103, Lot 13, in an R-2 Zone.

 

David Rutherford, Esq., entered his appearance and made opening remarks, briefly describing the application and the variance being requested due to the topography of the property.

 

Daniel Sawyer, homeowner, was sworn.

 

Peter Cooper was sworn and his credentials as a licensed architect accepted. Mr. Cooper described the property, the lot and the existing conditions on the property. Mr. Cooper described the floor plan, explaining that the deck is proposed for functionality and utility. Currently, the only way to the rear yard is by using the nonconforming stairs to the basement, or by walking around the house. Mr. Cooper explained that no variance is needed for coverage by improvements or gross building area. Regarding the impact on the neighbors, Mr. Cooper says the deck meets the side yard setback requirement and is flush with the existing house. The deck can be seen from an angle and it will be difficult to screen with landscaping.

 

Board members asked about the gross building area of the basement. Mr. Cooper said he would check on that, but it would still be within the limit. Board members asked about the screening of the air conditioning condenser.

 

Public questions:

 

Boyd Loving, 342 S. Irving Street, asked about the gross building area as the tax assessor’s office shows a different number. Mr. Cooper said he will need to add the basement area. Mr. Loving asked if it was nonconformity to not have a garage. Mr. Whitaker explained that it was not a bulk variance. Mr. Loving asked if the deck would match the house. Mr. Sawyer said the railing will match.

 

Mr. Sawyer testified regarding the photos.

 

There was no Board or public questions for Mr. Sawyer.

 

Public comment:

 

James Wylie, 334 S. Irving Street, said he is opposed to any variances as it will affect his sunlight.

 

Boyd Loving, 342 S. Irving Street, said his concern is that the deck will become more. Mr. Whitaker said a condition of approval will be that the deck remains open and will never be enclosed.

 

Stephanie Caranante, 341 S. Irving Street, supported the application.

 

Mr. Rutherford made closing remarks.

 

Following Board deliberation, during which Ms. Ruhl asked that the Board require 6’ Arborvitaes be planted. A landscape plan will be submitted for the Site Plan Committee to review. Mr. Bandelt made a motion to approve, Mr. Negrycz seconded, and the application was approved.

 

VADIM VERBITSKY – An application to permit the construction of a 3-car garage which would result in a side yard setback of 2.5 feet, where 5 feet is required and a height of 18 feet, where 15 feet is permitted for an accessory structure at 32 Sherman Place, Block 2201, Lot 21, in an R-3 Zone.

 

Vadim Verbitsky, homeowner, was sworn.

 

Matthew Evans was sworn and his credentials as a licensed architect accepted.

 

Mr. Verbitsky testified, acknowledging prior variances and explaining that he needs to replace the garage in disrepair, and is proposing a three car garage at the same side setback as the existing garage.

 

Board members asked why he didn’t propose to make it conforming. Mr. Verbitsky said it would take too much space away from the back yard.

 

Mr. Evans testified that the height variance is due to the setback of the garage, otherwise it would be permitted. Mr. Evans described the proposed garage.

 

Board members asked about hardship and saw no justification for relief.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Bandelt made a motion to deny, Mr. Pickholz seconded, and the application was denied.

 

The meeting was adjourned at 9:27 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           January 11, 2022