20210330 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

March 30, 2021

Opening:

The virtual public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:35 p.m.

Present:  Sergio Alegre, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Matthew Bandelt, Daniel Perlman and Michael Pickholz. Also present were Bruce Whitaker, Board Attorney; and Jane Wondergem, Board Secretary. 

Absent:      Greg Brown, Isaac Lebow

Approval of Minutes: The minutes from March 23, 2021 were adopted.

Resolution memorialization: The following resolutions were memorialized:

-       Sullivan, 409 Colonial Road

-       Anadu, 155 Highland Avenue

Non-agenda items:

Members of the public comments: There were no comments at this time. 

Board member comments: There were no comments at this time. 

Public Hearings:

Public hearings – New Business:

ERIC ROOS – An application for Certification of Nonconforming Use at 560 Route 17 North, Block 4704, Lot 6, in an R-125 Zone.

Mr. Whitaker instructed the Board regarding the type of application and what the Board should consider.

Robert Garibaldi, Esq., entered his appearance on behalf of the applicant and introduced the list of exhibits which had been submitted to the Board. Mr. Garibaldi stated that the use of the property as a nursery and garden center predated the zoning regulations.

Eric Roos, property owner, was sworn, and testified that the property had been owned by his family since 1900 and that they had grown nursery stock in the back of the property and sold it in the front.

Mr. Negrycz arrived at the meeting at 7:45 p.m.

Mr. Roos testified that he used the property himself, as a nursery and garden center, until 2009. Mr. Roos stated that the property had been leased by others for that purpose and for storing landscape equipment, but power equipment had never been sold. Mr. Roos testified that there is a small office at the front of the property and some movable sheds, to store tools and equipment, in the rear of the property.

Mr. Roos testified that nursery and garden center use of the property has always been the case, which he testified to according to the transcripts from 1997 and 1999.

Mr. Garibaldi said that a record search was done by Bill Gilsenan and that due to flooding in Village Hall no historic records could be found.

Mr. Roos stated that there are three tenants using the property at this time. A former tenant, Mr. Wiggers, was leasing the property until 2019, and that is the only paper lease on record.

Mr. Garibaldi said there is no historical documentation and that they are relying on the testimony of Mr. Roos.

Board members asked about the tenant usage now, which Mr. Roos said was for vehicle storage.

Board members asked about uninterrupted use, and Mr. Whitaker explained that the Board is looking to determine whether there is a non-conforming use, the scope of non-conformity and, if the Board determines that there is a non-conformity, if it has been abandoned. Mr. Garibaldi said that Mr. Wiggers left in 2019.

Questions from the public – Jacqueline Hone, 30 Carriage Lane, asked about prior citations from the Municipal Court. Mr. Roos said they were for standing water and debris and storage of commercial vehicles. Ms. Hone said she had photos of the property and would submit them prior to the next hearing.

Ms. Bucci-Carter asked if the applicant has a Planner to address the issues in her report. Ms. Bucci-Carter asked if there was any current nursery operation. Mr. Garibaldi said that the process of selling the property started and due to notice issues and the pandemic, it has been under contract for 2 years. Mr. Garibaldi said he would have a professional planner for the next meeting.

Mr. Rutishauser asked to clarify the lot number on the application, which should be lot 6.01, and asked about the survey in regards to the 15-foot right-of-way.

Jacqueline Hone asked if the applicant would identify the current tenants on the property.

The hearing was carried to May 11, 2021 without further notice.

The meeting was adjourned at 8:50 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:         April 13, 2021