20210209 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

February 9, 2021

 

Opening:

 

The virtual public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:33 p.m.

 

Present:  Sergio Alegre, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Isaac Lebow, Matthew Bandelt, Daniel Perlman and Michael Pickholz. Also present were Bruce Whitaker, Board Attorney, and Paola Perez, Assistant Zoning Officer. 

 

Absent:      Greg Brown

 

The minutes from January 26, 2021 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:

 

Chairman Alegre announced that the James Tripp, 33 Bryden Place, application was carried to February 23, 2021, without further notice.

 

Old Business:

 

EDWARD AND RENATA PACELLI – An application to permit a covered porch which will result in a front yard setback of 34.4 feet, where 40 feet is required at 435 Berkshire Road, Block 4507, Lot 5, in an R-2 Zone. Mr. Negrycz recused himself from this application.

 

David Rutherford, Esq., entered his appearance and made opening remarks.

 

Edward Pacelli, homeowner, was sworn and described the changes to the neighborhood over the last several years and the benefit of the proposed covered porch. Mr. Pacelli displayed photos of homes in the neighborhood which have front porches, which was marked as Exhibit A-1. Board members asked if any of the houses shown needed a variance for the porch. Mr. Pacelli stated that he knew the house at 419 Berkshire Road needed a front yard setback variance and Mr. Rutherford described the variances requested from other porches in the area.

 

Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Mr. Rosenberg testified as to the plans he prepared and described the subject lot as being undersized. Mr. Rosenberg described the proposed covered open porch, explaining that it is not oversized and would not be usable if it were any smaller. Mr. Rosenberg stated that it would not be enclosed and described the specifics of the proposed variance.

 

Board members asked about the depth of the other lots in the neighborhood. Mr. Rutherford stated that according to the tax map they are all at about 100 feet deep.

 

There were no questions from the public.

 

Public comment:

 

Jessica DePinto, 419 Berkshire Road, was sworn and expressed her support of the application.

 

Jose Perez, 431 Berkshire Road, was sworn and spoke in support of the application.

 

Mr. Rutherford made closing comments.

 

Following Board deliberation, Mr. Lebow made a motion to approve, Mr. Bandelt seconded and the application was approved with the condition that the porch would never be enclosed.

 

Mr. Negrycz rejoined the meeting.

 

LEO & FIONA ROSENHOLZ – An application to permit the construction of a rear 2-story addition and left side 1-story addition which would result in a front yard setback on Wilson Street of 15.5 feet to the first floor addition and 35 feet to the second floor addition, where 45 feet is required at 450 Summit Street, Block 1510, Lot 5, in an R-2 Zone. Ms. Ruhl recused herself from this application.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Leo and Fiona Rosenholz, homeowners, were sworn.

 

Mr. Schlicht testified as to the plans he prepared for the proposed addition. Mr. Schlicht displayed photos of the property, showing the paper street between the subject property and the next door neighbor. Mr. Schlicht referred to a prior resolution which addressed Wilson Street as a paper street and explained that if that street was not recognized they wouldn’t need any variances. Mr. Whitaker explained that the street is owned by the Village and is shown on the tax map and needs to be recognized for all the setback criteria. Mr. Schlicht described the floor plan and that the rear addition is in the rear center of the house and would not exacerbate the setback. The one-story addition needs a variance as it is considered a front yard due to the paper street. Mr. Schlicht stated that the hardships were that it is a corner lot and the existing lawful structure is situated 15 feet from the paper street.

 

Mr. Whitaker clarified the calculations and the setbacks. There were no other questions from the Board.

 

Diane Kidwell, 42 Summit Street, asked if drainage issues would be addressed. Mr. Schlicht stated that they would put in a seepage pit and do what was required by the Engineering Department. Ms. Kidwell asked about the existing trees and plantings. Mr. Rosenholz stated that they would plant trees by the addition for screening and to help address drainage. Mr. Rosenholz stated that he would maintain any landscaping.

 

Diana Kidwell, 42 Summit Street, was sworn and said that her only concern is the water situation, but supported the application.

 

Mr. Schlicht made closing comments.

 

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

 

DAVID LOWERY – An application to permit the removal of the existing rear covered porch for access to proposed basement expansion, then re-build porch, which will result in a front yard setback on Lenox Avenue of 18.5 feet, where 45 feet is required; coverage by above grade structures of 25.4% and coverage by above grade structures within 140 feet of the front lot line of 25.3%, where 25% is permitted; setback to the ac units of 5.68 feet and 6.1 feet, where 10 feet is required at 125 Doremus Avenue, Block 2209, Lot 24, in an R-3 Zone. Ms. Ruhl is recused from this application.

 

David Lowery, homeowner, was sworn.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified as to the existing conditions on the property and explained that the homeowner wants to remove the preexisting nonconforming porch, expand the basement, and rebuild the porch in the same exact location. Mr. Schlicht explained the hardship as the lot being undersized and a corner lot. Mr. Schlicht testified as to the plans he prepared and showed photos he took of the property to show the existing porch.

 

Board members asked what would happen if they are not able to use the same materials. Mr. Schlicht stated that the materials used are readily available and the porch will be replaced as is. Board members asked about the existing landscaping. Mr. Lowery said they would landscape around the porch. Board members asked about a discrepancy in the architectural drawings as compared to the survey. Mr. Schlicht said they would provide an as built drawing.

 

Mr. Schlicht testified as to the placement of the 3 air conditioning units and showed a photo of the screened area of the existing unit, where there is room for 2 units. The setback of the units would be the same as was permitted by a previous variance. A new split unit is proposed which will need a side yard setback variance. The new unit will be screened.

 

Board members asked if there was any other location for the air conditioning unit. Mr. Schlicht showed that there was no other place for it.

 

Elaine Salazer, 121 Doremus Avenue, was concerned about the noise of the new unit. Mr. Lowery explained that he was using a mini-split system was due to the quietness of the unit.

 

There were no comments from the public.

 

Mr. Schlicht made closing comments.

 

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

 

Ms. Ruhl returned to the meeting.

 

STEFAN & SARAH KAHANDALIYANAGE – An application to permit the construction of a two-story rear addition and new above grade patio which would result in a building height of 33.9 feet, where 30 feet is permitted; a side yard setback of 5.6 feet, where 10 feet is required; coverage by above-grade structures of 27.3%, and coverage by above grade structures within 140 feet of the front lot line of 26.8%, where 25% is permitted; and gross building area within 140 feet of the front lot line of 38.4%/2,688 square feet, where 35%/2,447 square feet is permitted at 109 Hope Street, Block 4002, Lot 25, in an R-3 Zone.

 

Stefan and Sarah Kahandaliyanage, homeowner, were sworn and introduced the application and what they proposed to do.

 

John Musinski was sworn and his credentials as a licensed architect accepted. Mr. Musinski testified as to the plans he prepared and the five variances being requested. Mr. Musinski described the existing conditions and floor plans. Mr. Musinski testified as to the proposed floor plans and elevations. Mr. Musinski explained that the house is skewed on the property which is why the side yard setback is less than existing. The coverage variance is slightly more than the existing nonconformity and they are demolishing an existing above grade patio. Mr. Musinski stated that the gross building area variance is due to the attic space. Mr. Musinski explained that the roof height is necessary to match the roofline.

 

Board members asked about the large increase in gross building area and necessity of the large master suite and the justification. Mr. Musinski stated that the gross building area for the whole lot conforms. Board members asked about the mass of the house and the amount of roof and the amount of gross building area in the attic.

 

There were no questions from the public.

 

Following discussion regarding the massing, gross building area and height, the hearing was carried to March 9, 2021 without further notice.

 

Resolution memorialization:          The following resolutions were memorialized:

-       Fern, 133 Kenilworth Road

-       Martinez/Lermond, 110 Sheridan Terrace

-       Evans, 451 Stevens Avenue

 

The resolution for Delcalzo, 645 Stevens Avenue, was held until the February 23, 2021 meeting.

 

The meeting was adjourned at 10:38 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:       March 9, 2021