20220412 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

APRIL 12, 2022

 

Opening:

 

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

 

Present:  Matthew Bandelt, Diana Ruhl, Gary Negrycz, Jonathan Papietro, Jason Curreri and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney; Christopher Rutishauser, Village Engineer; Ron Reinertsen, Village Planner and Jane Wondergem, Board Secretary.

 

Absent:  Greg Brown, Isaac Lebow and Michael Pickholz

 

Minutes:          The minutes from March 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

 

New Business:

 

JARED & JULIA PILOSIO – An application for a Certificate of Non-Conformity to continue the use of a two-family house and an existing carriage house at 438 Van Dyke Street, Block 1701, Lot 6, in an R-2 Zone.

 

David Rutherford, Esq., entered his appearance and spoke to the Board regarding alternative means to present the testimony of a witness who is unable to attend the meeting due to health concerns. Following discussion with the Board it was decided that the witness would testify via Zoom. The hearing was carried to May 24, 2022 without further notice.

 

ANTONY ARACKATHARA – An application to create a rockery which will result in the disturbance of a steep slopes and height of a retaining wall in the front yard at 481 Upper Boulevard, Block 1513, Lot 1, in an R-2 Zone.

 

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

 

Mark Martins was sworn and his credentials as a licensed engineer accepted. Mr. Martins testified regarding the survey, marked as Exhibit A-1, stating that it was done prior to demolition of the existing house and before construction of the new house. Mr. Martins described the topography of the property and addressed Adams Street, which is a paper street behind the property which is not improved. Mr. Martins explained the steep slope and grading of the property.

 

Mr. Martins testified regarding the plot plan, marked as Exhibit A-2. Mr. Martins testified that the applicant wanted to make the backyard useable, but did not want to build retaining walls. Mr. Martins described the area of steep slope and the proposed rockery.

 

Mr. Rutherford referred to Mr. Rutishauser’s report and Mr. Martin addressed any concerns regarding the rockery, soil moving and storm water issues.

 

Board members asked what the exception to steep slope ordinance they are relying on and Mr. Rutherford said it was 190-120E(1)(b)[4]. Board members asked what the hardship is and if there would have been a hardship if the new house was put in the same location as the previous house. Mr. Martin explained that the location of the house does not change the hardship of the inability to use the yard. Board members asked if it was unstable. Board members asked if a rockery is a retaining wall. Mr. Rutherford said the zoning officer did not consider it to be a retaining wall.

 

Board members asked if the wall was impervious. Christopher Rutishauser, Village Engineer, was sworn. Mr. Rutishauser said it is not considered impervious and that storm water management has been addressed properly on the site.

 

Public questions:

 

Rich Mazzela, 467 Upper Blvd., asked about drainage and how to be sure the water will be contained and asked why they are looking for more land when it is a large lot. Mr. Martin explained that they are not looking for more land but to maximize what is there.

 

Mr. Rutherford asked Mr. Martin about two areas of storm water concerns, one with the house and the other with the rockery, which are two separate and unrelated issues which are each being addressed.

 

Board members asked if the rockery would absorb as much as the trees would. Mr. Martin stated that there would be plantings in the rocks.

 

Scott Greer was sworn and his credentials as a landscape designer accepted. Mr. Greer testified regarding the landscape plan, marked as Exhibit A-3, and showed photos of sample rockeries with landscaping. Mr. Greer testified regarding the construction and maintenance of the plants and the technique of stabilizing a slope with rocks and plants.

 

There were no professional or public questions for Mr. Greer.

 

The hearing was carried to June 14, 2022 without further notice.

 

SALIM BHORE & GAZALA DAVE – An application to permit the construction of a two story addition which would result in total coverage by improvement of 57.61% where 45% is the maximum permitted; total coverage by improvement within 140 feet of the front lot line of 59.8% where 45% is the maximum permitted at 85 Oak Street, Block 2010, Lot 21, in an R-3 Zone.

 

Salim Bhore, homeowner, was sworn and made opening remarks.

 

John Musinski was sworn and his credentials as a licensed architect accepted. Mr. Musinski testified regarding the drawings he prepared. Mr. Musinski described the property and what was being proposed, the existing non-conformities and identified the proposed variances.

Board members asked how the existing non-conformities came to be and about the existing driveway. Mr. Musinski explained that it is a narrow lot and the driveway needs to go to the garage and needs to have room to turn around as the driveway is long and narrow.

 

Mr. Whitaker explained that the lot coverage is well over what is permitted and they need to prove a hardship as the lot is not undersized. Board members said they would like to see a reduction in coverage by improvement.

 

The hearing was carried to May 24, 2022 without further notice.

 

RICHARD & CARLA FELS – An application to permit the construction of a one story addition which would result in a side yard setback of 15 feet, where 21.44 feet is required at 227 Sunset Avenue, Block 1918, Lot 12, in an R-110 Zone.

 

Claus Rademacher was sworn and his credentials as a licensed architect accepted. Mr. Rademacher was present on behalf of the homeowners. Mr. Whitaker said that Mr. Rademacher will need to submit a notarized authorization from the homeowners giving him authority to represent them before any resolution is memorialized.

 

Mr. Rademacher testified regarding the drawings he prepared explaining that the variance for side yard setback is continuance of the existing non-conformity and it is not being exacerbated. Mr. Rademacher testified that the plans were seen by the Historic Preservation Commission who recommended approval.

 

Board members asked about the gross building area which will need to be corrected on the zoning table, but is not a variance. Mr. Whitaker confirmed the variance being requested.

 

There were no questions or comments from the public.

 

Mr. Rademacher made closing remarks.

 

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

 

Resolution memorialization:            The following resolutions were memorialized:

-        Cabranes, 329 Stilwell Place

-        McCann, 236 Walthery Avenue

-        Joyce, 217 Highland Avenue

-        Carr, 250 Gardner Road

-        Leventhal/Gorgo, 143 Brookside Avenue

-        Davis, 721 Newcomb Road

 

Discussion: Russo Family LP - 19-23 North Broad Street – Buttresses at rear of building.

Mr. Whitaker explained that a construction issue came about regarding the cantilever of the building which requires that buttresses be used for support. The Board discussed the change and determined that it is de minimus in nature and would not need to come back to the Board. A revised plan is to be submitted to the Board secretary for the file.

 

The meeting was adjourned at 10:47p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           April 26, 2022