20221129 - Zoning Board of Adjustment Minutes
VILLAGE OF RIDGEWOOD
BOARD OF ADJUSTMENT
Meeting Minutes
November 29, 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, Jonathan Papietro and Harold Maxwell. Also present were Sophy Sedarat, Esq., Board Attorney, and Jane Wondergem, Board Secretary.
Absent: Isaac Lebow, Michael Pickholz and Jason Curreri
Minutes: The minutes from November 8, 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 that the John Mahoney/Sign Art Graphix, 235 E. Ridgewood Avenue, application will re-notice at a later date.
New Business:
ELRAC, LLC/Enterprise Rent-a-Car – An application to permit a car port to remain which would result to be closer to the existing building than the minimum required of 11 feet and would also increase the nonconforming use at 545 North Maple Avenue, Block 2904, Lot 18, in a B-2 Zone. (Carried from November 8, 2022 without further notice)
Mr. Maxwell recused himself from this application.
Russell Anderson, Esq., entered his appearance and made opening comments.
Mark McMahon, a representative of ELRAC, was sworn and testified in regards to the existence of the carport, which was put up during COVID to have a designated area to clean and sanitize vehicles. Mr. McMahon said it was put behind the existing building to minimize impact on the neighbors and the street scape. The carport was put close to the building for convenience. Mr. McMahon testified that they propose to leave the carport in its existing location as a convenience and for the safety of the employees. Mr. McMahon testified that the carport does not create more employees, noise pollution or additional traffic.
Board members asked about the hours of operation. Board members asked if permits were issued for the carport and Mr. McMahon said they were not. Board members asked if there was electricity or plumbing going to the carport and if there was lighting. Mr. McMahon said there is no water within the carport and there is lighting attached to the principle building and there is one light inside the carport.
Public questions:
Caroline Addy, 361 Wastena Terrace, asked how long they operated without the structure. Mr. McMahon said 20 years.
Lou LoGrasso, 548 Barnett Place, asked why it was necessary to have carport after operating without it for 20 years. Mr. McMahon said that it has been a benefit to clean vehicles out of the elements and they don’t want to take it away at this time.
Valerie Dodd, 554 Barnett Place, asked what consideration was given for the neighbors when the carport was constructed. Mr. McMahon said that at the time it was put up they were dealing with keeping vehicles clean and sanitized and didn’t think that the structure was doing a disservice to the neighbors. Ms. Dodds asked if they were aware the light was shining into the neighbors’ yards. Mr. McMahon said they would consider enclosing the structure.
Matthew Fynn was sworn and his credentials as a professional planner accepted.
Mr. Flynn described the lot as a thru-lot and described the zoning. Mr. Flynn testified that there is a substantial separation between the carport and the rear of the property. Mr. Flynn testified that this is an expansion of a non-conforming use. Mr. Flynn identified the positive and negative criteria, stating that what is proposed does not create any substantial detriment as there will be no increase in activity or traffic and parking complies. Mr. Flynn identified the ‘c’ variance in regards to the setback from the main building.
Board members asked about the distance from the principal structure to the carport, which is 5 feet.
Mr. Whitaker said that the testimony that the use is less intense than what the zone permits refers to permitted uses and asked if an enclosed area versus an open area next to residents is better. Mr. Flynn said that the carport is better for vehicle circulation. Mr. Whitaker asked about the noise caused by an open structure and asked if Mr. Flynn investigated if the work being done is allowed to be conducted outside.
Board members asked why they couldn’t concentrate the work being done in the same location without a carport. Mr. Flynn said the carport provides protection for the employees.
Public questions:
Valerie Dodd, 554 Barnett Place, asked when the photo was taken.
Public comments:
Lou LoGrasso, 548 Barnett Place, was sworn and said the carport creates a nuisance to the neighborhood. Mr. LoGrasso distributed photos, marked as Exhibit O-1, which show that at times the lights are left on and the side of his house is illuminated.
Valerie Dodd shared a photo, marked as Exhibit O-2, showing the view of the car port from her property.
Mr. Anderson recalled Mr. McMahon, to address the comments regarding the issues of light and noise. Mr. McMahon said they could put the lighting on a timer and the visibility of the carport could be mitigated.
Mr. Anderson recalled Mr. Flynn. Mr. Whitaker asked if the applicant was aware that the use of cleaning cars outside of the building is not permitted and requires an additional use variance.
The hearing was carried to February 14, 2023 without further notice.
WOJTEK & BARBARA AUERBACH – An application to permit a koi pond and walkway which would result in coverage by improvements of 43.43% within 200 feet of the front lot line, where 35% is permitted at 833 Linwood Avenue, Block 4806, Lot 4, in an R-125 Zone.
Stephen Sinisi, Esq., entered his appearance and made opening remarks.
Dan Muller was sworn and his credentials as a landscape architect accepted. Mr. Muller testified as to the project design and installation of a koi pond, waterfall and walkway. Mr. Muller testified regarding the drawings and the scope of the project.
Mr. Whitaker confirmed that what was proposed would be natural other than the liner.
Board members asked how deep the pond would be and if it would require a fence. Mr. Muller said it would be 24 inches deep and does not require a fence.
There were no questions from the public.
Brigette Bogart was sworn and her credentials as a professional planner accepted. Ms. Bogart identified the variance being requested and described the property. Ms. Bogart testified regarding the positive criteria, stating that although a variance for coverage by improvements is required, the pond would create drainage area and the coverage is primarily natural materials.
Board members asked about the large paved area behind the home. Ms. Bogart said it was the driveway and a k-turn area. Board members asked if there was any plan to remove any impervious coverage. Ms. Bogart said there was not.
Following discussion with the Board regarding the amount of impervious coverage on the property, Mr. Sinisi asked if converting some of the driveway area to pervious asphalt would be acceptable. Board members said they would like to see the impervious coverage reduced to 40%, but not by using pervious asphalt.
The hearing was carried to January 24, 2023 without further notice.
Mr. Brown announced that the Pollard, 679 Ellington Road, hearing was carried to December 13, 2022 without further notice.
MICHAEL & KERRY DEVINCENZO – An application to permit the construction of an addition which would maintain a side yard of 16 feet where 20 feet is the minimum required and would result in a rear yard of 13.8 feet to the steps and 19.2 feet to the addition where 30 feet is the minimum required; and would result in total coverage by above-grade structures of 21.6%, where 20% is the maximum permitted at 264 Claremont Road, Block 2608, Lot 4, in an R-1 Zone.
Roger Schlicht was sworn and his credentials as a licensed architect accepted.
Michael and Kerry DeVincenzo, homeowners, were sworn.
Mr. Schlicht testified regarding the existing conditions on the property, the deficient lot size, and the fact that the existing house is set back on the property, creating a minimal rear yard. Mr. Schlicht stated that the existing coverage by above grade structures includes the front porch. Mr. Schlicht described the proposed floor plans and identified the variances being requested.
Board members asked if the porch would remain open, Mr. Schlicht said it would. Board members asked what was currently in the rear yard and the width of the driveway.
Public questions:
Kim Ford, 275 Highland Avenue, asked about the current side elevation and how much closer the 2nd floor will be to the property line. Mr. Schlicht said the 2nd floor would be 18 inches closer. Ms. Ford asked about the scope of the addition compared to what exists. Mr. Schlicht said the ridge would be 4 feet higher.
Public comment:
Ken Ford, 275 Highland Avenue, was sworn and stated that he currently looks down into the property, which sits far back on the lot, and that he has built a retaining wall and planted trees and now the house will be closer to his property and the noise from the back yard has no place to go. Mr. Ford stated that he is strongly against the application.
Mr. Schlicht corrected Mr. Ford in regards to the proposed rear yard setback and commented that the topography is significant and the conditions are difficult for both properties.
Board members asked if it would be possible to pull the 2nd story in. Mr. Schlicht said it was possible.
Kim Ford, 275 Highland Avenue, was sworn and stated that what is proposed would negatively impact the property value of her home.
The hearing was carried to January 24, 2023 without further notice.
MARIO MAGGIA & AZAHARA MARTINEZ – An application to permit an addition which would result in a front yard setback of 30 feet 8 inches where 40 feet is required at 573 Barnett Place, Block 2905, Lot 38, in an R-2 Zone.
Charles Rabolli, Esq., entered his appearance and made opening remarks.
Mario Maggia, homeowner, was sworn. Mr. Maggia testified regarding the plans for the home, which he had received permits to renovate. The footprint of the home will not change. Mr. Maggia stated that during the renovation it was discovered that the front part of the home was on cinderblocks. The section was removed and now a variance is needed to replace, as it is within the front yard setback. Mr. Maggia testified that he is not increasing the footprint.
Board members asked about the garage which is in disrepair. Mr. Maggia said he will be residing it to match the house. Board members asked if the applicant would need a variance if he had built behind the existing structure. Mr. Whitaker said he would not have needed a variance to renovate that portion of the house if it had not been removed.
Board members asked about the back steps, which were not included on the drawing or added to the coverage by above grade structures. The additional coverage would be over the 20% permitted.
The hearing was carried to December 13, 2022, without further notice.
Resolution Memorialization: The following resolutions were memorialized:
- Ohrel, 444 Eastgate Road
- Colletta, 77 Fairmount Road
- Uhrich, 315 Kensington Drive
The meeting was adjourned at 11:04 p.m.
Minutes submitted by: Jane Wondergem, Board Secretary
Date Approved: January 10, 2023
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