20220308 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

March 8, 2022

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:48 p.m.

 

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

 

Absent:  Diana Ruhl and Isaac Lebow

 

Minutes:          The minutes from February 22, 2022 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.

 

Public hearings

 

Old Business:

 

MICHAEL & VANESSA CARR – An application to permit the installation of an in-ground swimming pool with patio, remove a walkway and construct a new walkway which will result in coverage by above grade structures of 30.5%, where 20% is permitted at 250 Gardner Road, Block 2702, Lot 5, in an R-1 Zone.  (Continued from January 25, 2022 without further notice)

 

David Rutherford, Esq., was present on behalf of the applicant and recapped the issues from the prior meeting and reiterated that the area and topography are the hardships.

 

Jeff Egarian, engineer, was previously sworn and testified regarding the revised site plan which includes all improvements on the property. There were no revisions to the proposed pool and retaining wall. Mr. Egarian testified that they considered the suggestions made by Board members at the previous meeting and explained that the wall would need to be extended 75 linear feet and the additional expense and disturbance did not seem reasonable.

 

Board members asked about moving the pool and patio to the other side of the yard and about the size of the driveway.

 

There were no questions from the public.

 

Matthew Jones was sworn and his credentials as a landscape architect accepted. Mr. Jones testified that the proposed pool will be a saltwater pool. Mr. Jones testified as to the landscape plan.

 

There were no questions for Mr. Jones from the Board or the Public.

 

Mr. Whitaker said if the application is approved the Board would need to be given information regarding approvals for the driveway prior to the resolution being adopted.

 

The applicants stated that they would reduce the width of the driveway to be compliant.

 

There were no comments from the public and the hearing was closed.

 

Following Board deliberation, Mr. Bandelt made a motion to approve with the condition that the driveway will be reduced. Mr. Maxwell seconded and the application was approved with Mr. Negrycz and Mr. Papietro voting no, all others voted yes.

 

KAREN & KEVIN McCANN - An application to permit the construction of an above ground pool which will result in coverage by above grade structures of 30.6%, where 20% is permitted at 236 Walthery Avenue, Block 3308, Lot 13, in an R-2 Zone. (Continued from October 12, 2021; Carried from February 22, 2022 without further notice)

 

Jim Stevens, Esq., was present on behalf of the applicant and addressed that the deck is not included in the calculation for coverage by above grade structures as it is less than 12 inches in height. Mr. Stevens explained that they submitted plot plans for both in-ground and above ground pools for comparison.

 

Ms. McCann, previously sworn, explained that if she puts in an above ground pool the tree in the backyard can remain, where it would need to be removed for an in-ground pool. Ms. McCann stated that she wants an above ground pool.

 

Board members asked if a variance would be necessary if the lot was conforming. Mr. Stevens said it would not.

 

There were no questions or comments from the public.

 

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

 

JEFFREY & JOERETHA CABRANES – An application to permit the construction of a second story addition, a one story addition and expansion of the existing deck which would result in a side yard setback of 8.45 feet and 13 feet where 10 feet is the minimum required; total aggregate side yards of 16.91 feet where 19.36 feet is the minimum required; front yard setback of 30 feet where 52.5 feet is the minimum required; coverage by above grade structure of 28.8%, within 140 feet of the front lot line, where 20% is the maximum permitted; gross building area of 42.9%, within 140 feet of the front lot line, where 35% is the maximum permitted; coverage by improvements within 140 feet of the front lot line of 52.8% where 45% is permitted; and a driveway width of 20 feet, where 11.4 feet is the maximum permitted at 329 Stilwell Place, Block 4103, Lot 12, in an R-2 Zone. (Continued from February 8, 2022, without further notice)

 

Vincent Cioffi, Architect, was previously sworn. Mr. Cioffi testified in regards to the revisions made in response to the Board comments, including the removal of the proposed garage from the plans. The existing garage will remain, which increases the coverage by improvements in order to extend the driveway to the garage. Mr. Cioffi testified that the improvement coverage variances for the whole lot were eliminated.

Board members asked about the massing of the side elevation and if there was a way to reduce the height. Mr. Cioffi said that there is no height variance. Board members asked about the height and access to the attic. The attic is not greater than 7 feet in height and will have a pull-down stair access.

 

Mr. Whitaker clarified the zoning table information and said an updated plan with the corrections necessary will need to be submitted.

 

There were no questions or comments from the public.

 

Following Board deliberation Mr. Pickholz made a motion to approve, Mr. Maxwell seconded, and the application was approved with a no vote from Mr. Negrycz, all others voted yes.

 

New Business:

 

MICHAEL & STEPHANIE TESSER – An application to expand the existing single-family home on the property with a front porch, an expansion of the existing garage, and the construction of a second floor over the existing first floor which will result in side yard setbacks of 14.26 feet and 11.5 feet where 20 feet is required; combined side yard setback of 25.76 feet where 28.33 feet is required; coverage by above-grade structures over the entire lot of 25.7% and within 140 ft. of the front lot line of 27.6% where 20% is permitted; and gross building area over the entire lot of 32.2%, where 32% is permitted and gross building area within 140 ft. of the front lot line of 34.5% where 32% is permitted at 380 Bedford Road, Block 1312, Lot 5, in an R-1 Zone. (Carried from February 22, 2022 without further notice)

 

David Rutherford, Esq., entered his appearance and made opening remarks.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified that the survey was correct and there were no discrepancies and the plans being reviewed were revised to 1/24/22. Mr. Schlicht identified the existing non-conformities on the property and showed the photos of existing conditions.

 

Mr. Schlicht testified regarding the proposed floor plan and explained that the front porch is serving to connect the right and left sides of the house. Mr. Slight reviewed the variances being requested, stating that if the lot were conforming no variances would be needed. Mr. Schlicht showed the proposed elevations and said the whole house would be resided.

 

Mr. Schlicht distributed sheet V-4, which showed a diagram of Bedford Place with photos of other homes in the neighborhood to show how what is being proposed fits into the neighborhood which has a mixture of home styles.

 

Board members asked if the homeowner would agree to never enclose front porch. The homeowner agreed. Board members commented that this lot smaller than many of the lots which were used for comparison and asked if it would be possible to make any reductions. Board members asked about the basketball hoop on the property and if it were permitted to be there.

 

There were no questions from the public.

 

Public comment:

Saurabh Dani, 390 Bedford Rd, was sworn and said he owned the house next door, on the side where the shed and basketball hoop were. Mr. Dani spoke in support of the application.

 

Ravi Puli, 375 Bedford Rd, was sworn and spoke in support of the application.

 

Martin Netley, 410 Bedford Rd, was sworn and spoke in support of the application.

 

The hearing was carried to April 26, 2022 without further notice.

 

The HEARN, 324 Beechwood Road, application was carried to March 22, 2022 without further notice.

 

THOMAS & JULIE DAVIS – An application to permit the construction of a two-story addition which would result in a side yard setback of 7.18 feet where 10 feet is required and aggregate side yards of 26.28 feet, where 31.83 feet is required at 721 Newcomb Road, Block 2201, Lot 21, in an R-2 Zone. (Carried from February 8, 2022, without further notice)

 

Scott Bella was sworn and his credentials as a licensed architect accepted. Mr. Bella testified regarding the drawings submitted to the Board to demolish an existing detached garage to build an attached garage and 2nd story addition.

 

Board members asked what the lot width at the front yard setback was to determine hardship. Board members asked if the garage could be constructed on the other side of the house as no side yard variance would be needed in that location. Mr. Bella said they wanted to maintain the existing curb cut and driveway. Board members asked about the hardship.

 

There were no questions or comments from the public.

 

Following Board deliberation Mr. Negrycz made a motion to deny, Mr. Papietro seconded, all members voted yes to deny the application.

                                                           

The following Resolutions were memorialized:

-        Wong, 364 Richards Road

-        Visions Federal Credit Union, 179 East Ridgewood Avenue

 

The meeting was adjourned at 10:48 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           March 22, 2022

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