20210226 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

January 26, 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, Greg Brown, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Isaac Lebow and Matthew Bandelt. Also present were Bruce Whitaker, Board Attorney, and Jane Wondergem, Board Secretary. 

 

Absent:      Daniel Perlman and Michael Pickholz

 

The minutes from January 12, 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 Nnaemeka and Moryka Anadu, 155 Highland Avenue, application was carried to February 23, 2021, without further notice.

 

Chairman Alegre announced that the James Tripp, 33 Bryden Place, application was carried to February 9, 2021, without further notice.

 

Old Business:

 

JOSHUA & KAITLIN FERN – An application to permit the construction a one-story addition over the existing driveway which will result in coverage by above-grade structures within 140 feet of the front lot line of 25.3%, where 20% is permitted; coverage by improvements of 47.4%/5,929 sq. ft., where 45%/5,600 sq. ft. is permitted; coverage by improvements within 140 feet of the front lot line of 52.6%/4,568 sq. ft. where 45%/3,907 sq. ft. is permitted at 133 Kenilworth Road, Block 4203, Lot 18, in an R-2 Zone. (Continued from October 27, 2020 and carried from November 24, 2020, without further notice)

 

David Rutherford, Esq., was present on behalf of the applicants, and briefly summarized the prior meetings, explaining the results of the OPRA requests regarding prior permits for the property. Mr. Rutherford said he spoke with the Assistant Zoning Officer in regards to the trellis being included in the calculation for above grade structures. Mr. Rutherford stated that the proposed fence was reduced to a height of 4 feet.

 

Jordan Rosenberg, architect, was previously sworn and testified as to the plans, revised to 01-03-21. Mr. Rosenberg explained the calculations for the remaining variances and how they were reduced.

 

Board members clarified that the coverage calculations either remained the same or were reduced. Board members asked about the second floor of the garage, which Mr. Rosenberg stated was for storage only and was not finished or heated. Board members asked if the second floor was included in the accessory structure gross building area calculation. Mr. Rosenberg said it was not, but he would modify the calculations to include the additional gross building area.

 

There were no questions or comments from the public.

 

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

 

Following Board deliberation, Ms. Ruhl made a motion to approve the application with the condition that the applicant get a deed restriction that the second floor of the garage shall never be used as a living area. Mr. Lebow seconded, and the application was approved.

 

JASON MARTINEZ & ERICA LERMOND – An application to permit the construction of a retaining wall which exceeds the permitted height and propose to replace and widen the existing driveway to 22.25 feet, where 20 feet is permitted at 110 Sheridan Terrace, Block 2106, Lot 8 in an R-110 Zone. (Continued from November 24, 2020, without further notice) Ms. Ruhl recused herself from this hearing.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified as to the updated survey and drawings submitted. Mr. Schlicht described the property as being deficient in area. Mr. Schlicht stated that the proposed improvements would not be over in coverage by above grade structures or in coverage by improvements. The proposed driveway would have a curb cut of 20 feet, which is permitted, and then would expand to 22.25 feet for 40 feet.

 

Mr. Schlicht testified as to the retaining wall on the property, stating that the setbacks are not equal to the height of wall. Erica Lermond, previously sworn, testified as to the grading of the yard to mitigate drainage. Ms. Lermond stated that the wall had already been built and that an Engineering Department employee observed it and explained they needed to get permits. Mr. Schlicht stated that the topography of the property is the reason for the wall and that the neighbor has a 6-foot wall and arborvitae and do not see the wall.

 

Board members asked about the height of the wall. Mr. Schlicht said that the top of the wall is consistent, but due to the topography of the property, the wall exceeds 4 feet in some locations. Board members noted that if the applicant decides they need a fence that the fence would need to be setback 4 feet from the wall.

 

There were no questions or comments from the public.

 

Roger Schlicht made closing remarks.

 

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

 

ROBERT & JENNIFER DELCALZO – An application to permit the construction of a 1st floor addition; 2nd floor addition and new covered open front porch which will result in a front yard setback of 34 feet to the porch, and 39.2 feet to the house, where 40 feet is required; combined side yard setback of 22.8 feet, where 24.3 feet is required; coverage by above-grade structures of 22.3%, where 20% is permitted and gross building area of 37.9%/3,181 square feet, where 35%/2,856 square feet is permitted at 645 Doris Place, Block 4304, Lot 12, in an R-2 Zone. (Continued from November 24, 2020, without further notice). Ms. Ruhl recused herself from this application.

 

Douglas Standriff, Esq., was present on behalf of the applicant. Roger Schlicht, architect was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified regarding the plans submitted, revised to 01-12-21, and described the revisions and the reductions made. Mr. Schlicht stated that the depth of the porch was decreased and the front yard setback to the garage is now in compliance. Mr. Schlicht testified as to the floor plans and described the reductions made. Mr. Schlicht explained that if the garage was not attached, the house would be in compliance, but there is no other practical location for the garage. Mr. Schlicht explained the hardship as the lot is deficient in depth and width and the existing location of the house.

 

Robert Delcalzo, homeowner, was sworn and testified as to the table he submitted to the Board showing the square footage of neighboring homes within 250 feet of his property.

 

Board members asked for clarification of the calculations.

 

There were no questions or comments from the public.

 

Mr. Schlicht made closing remarks.

 

Following Board deliberation Mr. Bandelt made a motion to approve, Mr. Brown seconded. The motion failed with 3 votes yes and 3 votes against and the application was denied.

Ms. Ruhl returned to the meeting.

 

SUSAN EVANS - An application to permit the construction of a one story addition, modified porch, and modified patio, which would result in coverage by improvements within 140 feet of the front lot line of 5,778 square feet, where 5,600 square feet is permitted at 451 Stevens Avenue, Block 4401, Lot 40 in an R-2 Zone. (Continued from December 8, 2020, without further notice).

 

Xiomara Paredes, architect, was previously sworn and testified as to the comments from the Board at the previous meeting and the plans, revised to 01/11/2021. Ms. Paredes explained the revisions and reductions made to reduce the patio area and to eliminate the variance for side yard setback to the patio. Ms. Paredes described the reductions in walkways and the proposed vegetation by the patio area, stating that there would be no negative impact to the neighbors.

 

Board members asked about the hardship. Ms. Paredes explained that there is no hardship, but that they are improving the property and updating the landscape and the hardscape. Board members asked how it was a public benefit. Ms. Evans, homeowner, explained that the patio would be more of a walk-thru to access the garbage area and allow egress from the deck.

 

There were no questions or comments from the public.

 

Ms. Paredes made closing comments.

 

Following Board deliberation, Mr. Bandelt made a motion to deny, Mr. Brown seconded, and the application was denied.

 

Discussion: There was Board discussion regarding how Board members conduct themselves during meetings and how to move meetings along in a more efficient way.

 

The meeting was adjourned at 10:27 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: February 9, 2021