20221011 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

October 11, 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, Gary Negrycz, Diana Ruhl, Isaac Lebow, Jonathan Papietro, Michael Pickholz, Jason Curreri and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

 

Minutes:          The minutes from September 27, 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:

Outfront Media LLC, 500 Route 17 South, was carried to October 25, 2022, without further notice.

 

The Uhrich, 315 Kensington Place, application was carried to November 8, 2022, without further notice.

 

The DiTommaso, 246 Mountain Avenue, application was carried to November 8, 2022 without further notice.

 

Old Business:

 

ALESSANDRO & ALYSSA MOGAVERO – An application to permit the construction of a second story and two-story addition which would result in a front yard setback of 41.75 feet, where 45 feet is required; coverage by above grade structures of 22.78%, where 20% is permitted; gross building area of 3,385 sq. ft., where 3,360 sq. ft. is permitted at 113 Circle Avenue, Block 4202, Lot 26, in an R-2 Zone. (Continued from August 30, 2022 without further notice)

 

John Veteri, Esq., summarized the revisions made in response to the Board member’s concerns, stating that the combined side yard setback variance was eliminated.

 

Frank Troia, architect, was previously sworn and testified regarding the plans, revised to 9/23/22. Mr. Troia explained that the gross building area was reduced by utilizing the existing footprint, and the combined side yard setback variance was eliminated by removing the proposed side porch.

 

Board members asked if the revised plans had been reviewed by the Historic Preservation commission. Mr. Veteri said they were not. The revised plans will be reviewed by HPC on October 13. Board members asked if coverage by above grade structures would be over if the lot was conforming. Mr. Troia said it would be. Board member questioned the hardship. Mr. Veteri said the variance would be based on c(2) criteria as there would be substantial aesthetic improvement and improved drainage, and there is no detriment.

 

There were no questions from the public.

 

Public comment: Joanne Stolfo, 80 Kenilworth Road, spoke in support of the application.

 

Mr. Veteri made closing remarks and the hearing was closed.

 

Following Board deliberation, Mr. Bandelt made a motion to approve, with the condition that HPC reviews the revised plans, and that the porches are not ever enclosed. Mr. Lebow seconded, and the application was approved.

 

DAVID & MELISSA 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 22.56%, where 20% is permitted; coverage by above grade structure within 140 feet of the front lot line of 29.36%, where 20% is permitted; coverage by improvement of 41.18%, where 40% is permitted; and a driveway width of 18 feet where 15 feet is permitted at 525 Wyndemere Avenue, Block 3406, Lot 18, in an R-1 Zone.(Continued from September 13, 2022 without further notice)

 

Mr. Bandelt recused himself from this hearing.

 

Dave Barry, homeowner, was previously sworn, and said that they heard the Board member’s concerns and cut down on coverage, eliminated the circular driveway and reduced the size of the deck.

 

Christopher Rodriguez, architect, was previously sworn and testified regarding the plans, revised to 09-19-2022.

 

Board members asked if the driveway width would still require a variance, which it will. Board members asked if any ramps are counted towards coverage. Mr. Whitaker said they are not. Board members asked about the hardship, and it was determined that variance relief is justified for both the c(1) and c(2) criteria.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Lebow made a motion to approve, with the conditions that the porch shall remain open and they will never build over the porch. Ms. Ruhl seconded, and the application was approved.

 

Mr. Bandelt returned to the meeting.

 

New Business:

 

JEFFREY & AMY WARREN – An application to permit an expansion of the home and rear deck to remain which will result in coverage by above-grade structures of 20.94% and coverage by above grade structures within 140 feet of the front lot line of 22.86% where 20% is permitted; and gross building area within 140 feet of the front lot line of 24.52%, where 32% is permitted at 408 S. Pleasant Avenue, Block 4401, Lot 11, in an R-2 Zone.

 

James Delia, Esq., entered his appearance and made opening remarks, explaining the history of the application. The applicant is seeking permission for coverage by above grade structures for the deck, which was built during the pandemic. An addition had been approved by the building department, and it was later determined that a variance was needed for gross building area for the attached garage.

 

Edwin Sherman was sworn, and his credentials as a licensed architect accepted. Mr. Sherman explained the work done as per his plans.

 

There were no Board questions.

 

There were no questions or comments from the public.

 

Mr. Brown made a motion to approve, Mr. Negrycz seconded, and the application was approved.

 

JOSEPH LUDDY -  An application to permit a fence with a height of 6 feet to remain where a fence height of 4 feet is permitted at 527 West Saddle River Road, Block 4705, Lot 14, in an R-125 Zone.

 

Joseph Luddy, homeowner, was sworn. Mr. Luddy testified that he replaced a damaged fence panel on one side of his property and received a violation for not obtaining a permit. Mr. Luddy stated that he was not aware that only a 4-foot fence was permitted, as his existing fence is 6 feet in height and he was replacing parts of the fence that were in disrepair.

 

Board members asked if the fence could be seen from the front. Mr. Whitaker explained that the fence can only be 4 feet in height from the front of the house to the street.

 

There were no questions or comments from the public.

 

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

 

ARIEL SHAFRAN – An application to permit the construction of a second story addition and deck which would maintain a side yard setback of 8.5 feet where 10 feet is required; a rear yard setback of 23 feet where 30 feet is required; coverage by above grade structure of 25.02% where 20% is permitted and gross building area of 36.90% where 35% is permitted at 369 Ponfield Place, Block 3108, Lot 5, in an R-2 Zone.

 

Richard Bouchard was sworn and his credentials as a licensed architect accepted. Mr. Bouchard testified as to what was proposed according to the plans he prepared, for an addition above the existing family room and a deck. Mr. Bouchard went over the variances, explaining the hardship as being the size of the lot and the existing position of the house. Mr. Bouchard said that other homes in the neighborhood have been expanded from Cape Cod style homes to full Colonial style homes.

 

Mr. Whitaker asked for clarification of the variances being requested. Board members asked if they would need a variance if there was a patio instead of the deck. Mr. Bouchard said they would still be over in above grade structures. Board members asked about the massing facing the neighbor’s property. The property next door had already constructed a similar addition. Board members asked about the existing shed.

 

Ariel Shafran, homeowner, was sworn. Mr. Shafran testified that the shed was there when he bought the property, and he resided it.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Pickholz made a motion to approve, with the condition that the deck will never be enclosed, Mr. Papietro seconded, and the application was approved.

 

Resolution memorialization:   The following resolution was memorialized:

-        Boudreau, 262 S. Irving Street

 

Discussion: Mr. Whitaker said the Outfront Media application would be carried again from October 25 to December 13.

 

Mr. Whitaker said that he was getting phone calls from applicant’s attorneys regarding completeness reviews being done on time. The Board had discussion regarding the backlog of applications and it was decided that extra meetings could be scheduled when possible and that beginning in 2023, the meetings will begin at 7:00 p.m.

 

The meeting was adjourned at 9:52 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           October 25, 2022