20220726 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

July 26, 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.

 

Reorganization:

 

The Oath of Office was given to Matthew Bandelt and Harold Maxwell.

Appointment of Bruce Whitaker, Esq., as Board Attorney.

Appointment of Jane Wondergem as Board Secretary.

Appointment of John Barre, of Heyer, Gruel & Associates, as Village Planner.

Resolution of Adoption in the matter of compliance with the requirements of the Open Public Meetings Act and the adoption of the meeting schedule through December 31, 2022.

 

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Isaac Lebow, Jonathan Papietro and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney; John Barree, Village Planner; Christopher Rutishauser, Village Engineer and Jane Wondergem, Board Secretary.

 

Absent:            Michael Pickholz and Jason Curreri

 

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

 

The Warren, 408 S. Pleasant Avenue, application was carried to October 11, 2022 without further notice.

 

Old 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. (Carried from June 14, 2022 without further notice)

 

Mr. Papietro recused himself from this hearing.

 

James Delia, Esq. entered his appearance and made opening remarks. Mr. Delia explained that his witness, Anna Van Dyke was present, but due to health and memory issues was not comfortable testifying, but her daughter, Sandra DelAguila, was present to speak on her behalf.

 

Sandra DelAguila, 507 E. Saddle River Road, Upper Saddle River, was sworn. Mr. Delia distributed photos to the Board. Ms. DelAguila testified as to the history of the property, specifically regarding the apartment above the garages, which had been built by her grandfather. Ms. DelAguila testified that the apartment had been there and been occupied since the principal structure was built.

 

Mr. Whitaker asked if the original house was two-family. Ms. DelAguila said it was made a two-family house later, but prior to 1950. Board members asked when the garage was built, Ms. DelAguila said it built the same time as the house, before 1950, and it was continuously used.

 

Mr. Delia went over the exhibits, which showed photos of the property and inspection stickers from years prior.

 

Board members confirmed that only the second floor of the garage was used as an apartment.

 

There were no questions or comments from Mr. Barree.

 

Mr. Whitaker instructed the Board regarding the application for Certificate of Non-Conformity.

 

There were no questions or comments from the public. The hearing was closed.

 

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

 

Mr. Pickholz returned to the meeting.

 

ANDREW & LAUREN KUPIEC – An application to permit the construction of a two story addition which will result in a coverage by above grade structures for the whole lot of 21.7%, and coverage by above grade structures within 140 feet of the front lot line of 22.1%, where 20% is the maximum permitted; and coverage by improvements for the whole lot of 45.09%, is the maximum permitted at 112 North Walnut Street, Block 2010, Lot 9, in an R-2 Zone. (Continued from May 31, 2022 without further notice)

 

Mr. Bandelt recused himself from this hearing.

 

Jordan Rosenberg, architect, was previously sworn and testified regarding the plans, revised to July 6, 2022. Mr. Rosenberg stated that the variance for coverage by improvements within 140 feet of the front lot line was eliminated and explained the reductions and revisions made.

 

Board members asked about the calculations for coverage by improvements and Mr. Rosenberg went over it in detail. Board members asked if the applicant would stipulate that the front porch would never be enclosed. The applicants agreed.

 

There were no questions or comments from the public. The hearing was closed.

 

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

 

Mr. Bandelt returned to the meeting.

 

FRANK AND JEAN TALIERCIO -  An application to permit the construction of a two-story and 2nd story addition which would result in a rear yard setback of 10 feet to the garage and 21 feet to the addition, where 30 feet is required; coverage by above grade structures of 24.7%, where 20% is the maximum permitted; coverage by improvements of 46.7%, where 45% is the maximum permitted; and gross building area of 45%, where 35% is the maximum permitted at 448 Cambridge Road, Block 3002, Lot 7, in an R-2 Zone. (Continued from May 31, 2022 without further notice)

 

James Delia, Esq., went over the issues discussed at the previous meeting.

 

Cathy Benson, architect, was previously sworn, and testified regarding the plans revised to July 14, 2022. Mr. Delia distributed a summary of the revisions made. Ms. Benson testified that the dormer was removed and the second floor was only proposed on the main house and not over the garage.

 

Board members asked if the shed was removed. Board members asked when the breezeway was built. Ms. Benson was not sure, but said most likely when the house was built in the 1950’s. Board members asked what would be remaining of the original house. Ms. Benson said the existing exterior walls on the first floor would remain, along with the original brick. Brick and hardiplank would be used on the exterior.

 

There were no questions or comments from the public. Mr. Delia said the revised plans were given to the neighbor who spoke at the previous meeting.

 

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

 

New Business:

 

JOON LEE & HEEJUNG KIM – An application to permit the construction of a second floor which would maintain a rear yard setback of 11.6 feet, where 30 feet is required; total coverage by above-grade structures of 25.2%, where 20% is permitted; total coverage by improvements of 50.7%, where 45% is permitted; gross building area of 39.7%, where 35% is permitted at 812 Newcomb Road, Block 4608, Lot 20, in an R-2 Zone.

 

Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Joon Lee, homeowner, was sworn.

 

Christopher Rutishauser, Village Engineer, was sworn.

 

Mr. Rosenberg testified regarding the plans he prepared and identified the variances being requested. Mr. Rosenberg stated that the existing house was skewed to the property line and the lot is undersized. Mr. Rosenberg said that seepage pits will be installed as required by the Engineering Department. Mr. Rosenberg testified regarding the floor plans and the elevations.

 

Mr. Whitaker asked about the height of the garage. Mr. Rosenberg said it was between 14’6” and 14’8”, and that they were reducing the area of the garage.

 

Board members asked about prior additions to the original house as it appears there was an addition to the rear of the house and asked that an OPRA request be made to determine how the house got to that size. Board members asked about the height of the house.

 

Mr. Rutishauser commented that the addition may cast shadow over the pool in the backyard of the neighbors and asked that a shadow study be done.

 

MR. Whitaker asked that Mr. Rosenberg address Mr. Rutishauser’s report.

 

The hearing was carried to September13, 2022 without further notice.

 

AARON LIEBHABER -  An application to permit a semi-circular driveway which will result in a total driveway width of 35 feet, where 25 feet is the maximum permitted at 20 South Pleasant Avenue, Block 4203, Lot 6, in an R-2 Zone. (Continued from May 31, 2022 without further notice)

 

Aaron Liebhaber, homeowner, was previously sworn and stated that the plan was revised and a decrease in square footage was made.

 

Kent Rigg was sworn and his credentials as an engineer accepted. Mr. Rigg testified regarding the site plan, which was similar to the prior plan with more detail. Mr. Rigg went over the coverages and said the driveway was minimized where possible and the decorative wall lessened the impact of the driveway.

 

Board members asked if the landscaping was still part of the plan. Mr. Liebhaber said it was. Board members asked if the driveway could be reduced to 14 feet and 10 feet to eliminate the variance. Mr. Rigg said it would be difficult on the turn. Board members asked about the hardship and suggested they look at the plans again and try to eliminate 2 feet to make it conform to code.

 

The hearing was carried to September 13, 2022 without further notice.

 

CHRIS & LYDIA UHRICH – An application to permit the construction of one story and second story additions which would maintain a side yard setback of 9.5 feet, where 10 feet is required; total coverage by above-grade structures of 21.5%, where 20% is permitted; and total gross building area of 42%, where 35% is permitted 315 Kensington Place, Block 2908, Lot 32, in an R-2 Zone.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted.

 

Chris Urich, homeowner, was sworn.

 

Mr. Schlicht testified as to the existing conditions on the property, which he described as narrow with a skewed depth and undersized. Mr. Schlicht testified regarding the plans he prepared and described the proposed floor plans, which included a mudroom and new family room, as well as a portico. Mr. Schlicht showed the elevations and identified the variances being requested.

 

Board members asked how much was being added to the rear, which is 14 feet. Board members referred to the photos and asked if they had considered going to the left side where the patio is. Mr. Schlicht said the homeowners wanted to keep the patio to be able to see the back yard from the kitchen. Board members had concerns that the addition is all on one side and that the gross building area variance being requested is significant.

 

The application was carried to September 13, 2022 without further notice.

 

Resolution memorialization:   The Bhore/Dave, 85 Oak Street, resolution was memorialized.

 

The meeting was adjourned at 10:26 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           August 23, 2022