20210112 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

January 12, 2021

Opening:

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

Present:  Sergio Alegre, Greg Brown, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Isaac Lebow, Matthew Bandelt, Daniel Perlman and Michael Pickholz. Also present were Bruce Whitaker, Board Attorney; Christopher Rutishauser, Village Engineer; Maryann Bucci-Carter, Village Planner and Jane Wondergem, Board Secretary. 

Absent:

The minutes from December 8, 2020 were adopted.

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:

Old Business:

YMCA – An application for preliminary and final major site plan approval, use variance and variance approval to build a playground at the front of the YMCA building which would result in a use variance to permit the proposed playground in a residential district, which is not permitted; maximum freestanding wall height of 5 feet, where 4 feet is permitted; maximum retaining wall with barrier height of 6.5 feet, where 4 feet is permitted; accessory structure not permitted in a front yard; and less than 10 foot accessory structure separation from principal building required at 112 N. Oak Street, Block 2009, Lot 1, in the C “Commercial” and R-2 Zones. (Continued from November 10, 2020 without further notice) James Delia, Esq., was present on behalf of the applicant, and made opening remarks, commenting briefly on the revisions made since the previous meeting and on his correspondence to the Board regarding the proposed hours of use for the YMCA and for the public, and that any landscaping would be irrigated.

Phil Wells, architect, was previously sworn and testified as to the plans submitted, revised to 12-09-20, and marked as Exhibit A-1 1/12/21. Mr. Wells described the revisions, the increased setback, the landscaping and the change in the design of the fence. Mr. Wells played a video rendering, marked as Exhibit A-2 1/12/21, which showed the view from the playground looking toward the neighboring properties.

Board members had questions about the maintenance of the landscaping and the color of the fence. Mr. Wells said the applicant will work with the Board and the planner to determine the type and color of fencing. Board members asked about the surface of the playground and if it could be used for the existing playground. Board members asked about security and supervision of the playground. Board members asked for clarification of the height of the retaining wall and the fence. Board members asked about the selection of the equipment on the playground. Mr. Wells stated that he works on the placement, but not the selection.

Public questions:

John Cafarella, 127 Oak Street, asked to display the photos previously shown to show his existing view of the YMCA, and asked about the current and proposed setbacks. Mr. Cafarella asked if the proposed fence would provide sound attenuation. Mr. Wells said any fence with the proposed plantings would provide some sound attenuation.

Mitch Halvorsen, 156 N. Walnut Street, had questions about the surface material in regards to heat retention and reflection. Mr. Wells explained that the surface material is used in other locations and did not have any issues with heat or light.

Dan LaMothe, civil engineer, was previously sworn and testified as to the site plan revised to 12-11-20, and marked as Exhibit A-3 1/12/21. Mr. LaMothe described the revisions, the change in setback, the fence and the landscaping plan.

Board members asked about the lighting, which Mr. LaMothe explained was LED light fixtures compliant with Village Code. Board members asked if the lighting could be on a motion sensor. Mr. LaMothe said it could. Board members asked about other possible locations for the playground.

Public questions:

John Cafarella, 127 Oak Street, clarified the proposed setback compared to the existing setback.

Mitch Halvorsen, 156 N. Walnut Street, asked about the depth of the retaining wall and possible drainage issues and the impact on the tree roots. Mr. LaMothe said the project would not have a negative impact on drainage and would not affect the root structure of the trees.

Ken Colyer, 171 Oak Street, asked about the net fill requirement of the old configuration compared to the proposed.

Ernest LaMour, YMCA representative, was previously sworn and testified that he had been with the YMCA since 2018 when they obtained full ownership. Mr. LaMour stated that pre-schools have strict State guidelines regarding direct access to playgrounds. Mr. LaMour said that by moving the playground to the proposed location, they will be able to offer more outdoor programming. Moving the playground to the south side would not be feasible as that is where the loading zone and garbage pick-up are located.

Board members asked Mr. LaMour how they determined that this was the best location for the playground. Mr. LaMour said they had conversations with the maintenance staff and the YMCA Board members. Board members had questions about the code requirements regarding pre-schools and if they had received a notice from the State saying this had to be done in order to operate. Mr. LaMour said they had not received any notice. Board members asked the applicant if they would stipulate to converting the old playground to grass and agree that it would only be used for recreational activity. Mr. Delia said they would remove the old playground, but could not promise they would never use for any other than recreational use. Board members asked if the trees in the current playground area would remain, Mr. LaMour said they would not.

Public questions:

John Cafarella, 127 Oak Street, asked if there was any real estate evaluation done to determine how this project would impact house values in the neighborhood.  There was not.

Gregor Hartmann, 137 Oak Street, asked Mr. LaMour why the State licensing issue was not brought up at the previous meeting. Mr. LaMour did not know why.

Mitch Halvorsen, 156 N. Walnut Street, asked if any lighting was proposed for the existing playground area. Mr. LaMour said there was not as it would only be used during daylight hours.

Mr. Brown asked if they had looked at leasing any other fields. Mr. LaMour said they discussed that possibility with Nancy Bigos and there were no fields readily available.

Board members asked if a 9-foot-high slide was appropriate for a pre-school playground.

Ralph Meyer, 143 Oak Street, said the landscaping was beautiful but he did not like the fence.

The hearing was carried to February 23, 2021 without further notice.

Resolution memorialization: The following resolutions were memorialized:

-        Sullivan, 395 Albin Court

-        Martinez, 659 Wall Street

The meeting was adjourned at 10:35 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           January 26, 2021