20220913 - Zoning Board of Adjustment Minutes
VILLAGE OF RIDGEWOOD
BOARD OF ADJUSTMENT
Meeting Minutes
September 13, 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: Greg Brown, Matthew Bandelt, Diana Ruhl, Isaac Lebow, Jonathan Papietro, Michael Pickholz, Jason Curreri and Harold Maxwell. Also present were Sophy Sedarat, Esq., substituting for Bruce Whitaker, Board Attorney; Christopher Rutishauser, Village Engineer, and Jane Wondergem, Board Secretary.
Absent: Gary Negrycz
Minutes: The minutes from August 30, 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
Mr. Brown announced the following:
The Ohrel, 444 Eastgate Road, application was carried to November 8, 2022.
The Uhrich, 315 Kensington Road, application was carried to October 11, 2022.
The DiTommaso, 246 Mountain Avenue, application was carried to October 11, 2022.
Old Business:
JOON LEE & HEEJUNG KIM – An application to permit the construction of a second floor which would result in a rear yard setback of 23.7 feet to the 2nd floor addition and 14.38 feet to the rear steps, where 30 feet is required; total coverage by above-grade structures of 25.6%, where 20% is permitted; total coverage by improvements of 50.7%, where 45% is permitted; gross building area of 36.7%, where 35% is permitted at 812 Newcomb Road, Block 4608, Lot 20, in an R-2 Zone. (Continued from July 26, 2022 without further notice)
Jordan Rosenberg, architect, was previously sworn. Mr. Lee, homeowner, was present and previously sworn.
Mr. Rosenberg testified regarding the revisions made and stated that the reductions were made by removing the rear left quadrant of the 2nd floor addition. Mr. Rosenberg went over the zoning table and explained that the coverage by above-grade structures increased due to the chimney and cantilever added for aesthetics.
Board members asked if an OPRA request was made regarding previous permits. Mr. Rosenberg said they did not. Mr. Lee said he checked with the Building Department and there were no records available. Board members asked if the applicant would be willing to reduce the driveway to a conforming width to reduce the coverage by improvements to 47.5%. The applicant said he would.
Mr. Rutishauser asked Mr. Rosenberg to testify regarding the Shadow Study. Mr. Rosenberg stated that he asked a firm to prepare the study and he explained how it is done. Mr. Rosenberg said the only time the proposed addition would affect the pool on the neighbor’s property would be in December, when the pool wouldn’t be used. Mr. Rutishauser was satisfied that the Shadow Study as submitted shows a diminimus effect on the neighbor’s property.
There were no questions or comments from the public.
Following Board deliberation, Mr. Lebow made a motion to approve with the condition that the driveway width is reduced as discussed, Mr. Bandelt seconded and the application was approved.
New Business:
DAVE BARRY – An application to permit the construction of an addition and porch which would maintain a side yard of 12.5 feet and 13.3 feet where 15 feet is the minimum required; coverage by above grade structure of 23.92%, where 20% is permitted; coverage by above grade structure within 140 feet of the front lot line of 31.66%, where 20% is permitted; coverage by improvement of 44.34%, where 40% is permitted and coverage by improvement within 140 feet of the front lot line of 47.53%, where 45% is permitted at 525 Wyndemere Avenue, Block 3406, Lot 18, in an R-1 Zone.
Mr. Bandelt recused himself from this hearing.
Lawrence Calli, Esq., entered his appearance and made opening remarks.
Dave Barry, homeowner, was sworn and testified that they have owned the property since 2018 and that they have 4 children, one of them in a wheelchair. A lot of work needed to be done to make the house ADA compatible. Mr. Barry testified that they wanted the master bedroom and the son’s bedroom on the first level.
Christopher Rodriguez was sworn and his credentials as a licensed architect accepted. Mr. Rodriguez testified regarding the drawings he prepared and identified the variances being requested. Mr. Rodriguez described the proposed floor plans and elevations.
Board members asked Mr. Rodriguez to identify the rooms on the floor plan. Board members asked about the circular driveway and if trees were being removed. Mr. Rodriguez said no trees will be removed. It was determined that an additional variance for the width of the driveway would be needed.
Board members asked about the porch and if the applicant would stipulate that it would remain open. Board members were concerned about the increase in coverage by above grade structures.
Matthew Flynn was sworn and his credentials as a professional planner accepted. Mr. Flynn described the property and distributed a 4-page packet of maps and plots, marked as Exhibit A-1. The maps showed the depth of this property and the surrounding lots and showed how the homes are set far apart from each other. Mr. Flynn testified regarding the coverage variances being requested and how there will be no impact from the street and that all trees are remaining. Mr. Flynn testified regarding the positive and negative criteria and that the hardship is that the house is set back far on the property.
Board members questioned the coverage by improvements and asked about the driveway strips to the garage.
Board members asked for clarification regarding the criteria to be considered for hardship. Ms. Sedarat explained the c(1) and c(2) hardship criteria. Ms. Sedarat explained that this application does not meet the exceptional situation, because that does not include the exceptional situation of the property owner, but would be based on the exceptional situation of the property, such as the narrowness of the lot.
Mr. Rodriguez discussed the storm water management for the proposed improvements.
There were no questions or comments from the public.
Board members expressed concern about the driveway and the size of the porch area.
The hearing was carried to October 11, 2022 without further notice.
Mr. Bandelt returned to the meeting.
JAMES TRIPP – An application to permit the replacement of a retaining wall along the property line, with a fence on top of wall which would vary in height and would exceed the maximum height permitted for the Property located at 33 Bryden Place, Block 1905, Lot 4, in an R-2 Zone.
James Tripp, homeowner, was sworn and testified regarding the proposed wall, explaining that the current rock wall is breaking down. Mr. Tripp said he cannot bring the wall in from the property line as there would not be enough side yard. Mr. Tripp explained the 3D photos which showed the varying height of the retaining wall and the fence on top.
Board members asked about the height of the existing wall and the height of the proposed wall. Mr. Tripp said there would be some grading at the corner of the property due to erosion. Board members asked about the height of the fence and Mr. Tripp agreed to having a 4-foot high fence only. The highest part of the wall and fence would be the back corner. Ms. Sedarat asked if the wall would be flush with his property. Mr. Tripp said it would be.
The Board determined that a third variance would be needed for the retaining wall height, as the maximum height permitted for a retaining wall is 4 feet and 5 feet is proposed at the highest point.
Board members asked about the proposed landscaping. Mr. Tripp said that he will do what the plan shows. Board members had concern regarding the neighbor’s property that abuts the wall, Mr. Tripp stated that trees and shrubs had been planted along that side by the neighbor.
There were no questions or comments from the public.
Following Board deliberation, Mr. Papietro made a motion to approve, Mr. Pickholz seconded, and the application was approved with the condition that the neighbor’s property is not disturbed.
Resolution Memorialization: The following resolutions were memorialized:
- Hornby, 36 Richmond Ave
- Gabrielli, 558 Morningside Road
The meeting was adjourned at 10:42 p.m.
Minutes submitted by: Jane Wondergem, Board Secretary
Date Approved: September 27, 2022
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