20221122 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 22, 2022

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:48 p.m.

 

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Michael Pickholz, Jason Curreri and Harold Maxwell. Also present were Sophy Sedarat, Esq., Board Attorney, and Jane Wondergem, Board Secretary.

 

Absent:  Isaac Lebow

 

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:

 

CHRISTIAN & GIANNA ADAM – An application to the construction of a second story addition which would maintain a side yard setback on the left of 12 feet, and a side yard setback on the right of 12.2 feet, where 20 feet is the minimum required and for the construction of a covered porch which would result in a front yard setback of 32 feet where 40 feet is the minimum required and would maintain a side yard setback on the left of 11.5 feet where 20 feet is the minimum required; and would result in a combined side yard setback of 23.7 feet where 72.7 feet is required at 562 Morningside Road, Block 1313, Lot 18.01, in an R-1 Zone.

 

Mr. Bandelt recused himself from this application.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted.

 

Christian Adam, homeowner, was sworn.

 

Mr. Schlicht testified regarding the irregularly shaped lot and the various setbacks and existing location of the home. Mr. Schlicht explained that they were looking for a c(1)(a) and c(1)(c) hardships.

 

Mr. Schlicht stated that the requested variances are due to setback issues, no coverage variances are being sought. Mr. Schlicht distributed a setback diagram, marked as Exhibit A-1, asking the Board how the lot should be considered in regards to side yard, front yard and rear yard.

 

Board members discussed the setbacks and where they should be measured from. Board members asked how the other lots were measured and how this lot lined up. Ms. Sedarat looked at the Village Code and the examples provided and the Board determined what the side yard setbacks to the house would be.

 

The Board discussed the location of the garage and if it was in the front yard.

 

Following discussion, the Board asked to get input from the Zoning Officer and from the Village Planner.

 

The application was carried to January 10, 2023 without further notice.

 

Mr. Bandelt returned to the meeting.

 

RINA LEVY – An application to permit the conversion of a single family home to a two-family home without providing a garage for the second unit, where a garage is required for each dwelling unit at 276 Edwards Street, Block 3912, Lot 4, in an R-3 Zone.

 

Mr. Maxwell recused himself from this application.

 

Christopher Weigl, Esq., entered his appearance and made opening remarks.

 

Rina Levy, homeowner, was sworn and explained that she learned that her house was in a district zoned for two-family homes.

 

Mr. Weigl said they were looking for a c(2) flexible variance and that what was being proposed furthered the MLUL and would supply housing for moderate to low income. Mr. Weigl commented that 5 parking spaces would be provided, 4 in the driveway and 1 in the garage.

 

Linda Del Nobile was sworn and her credentials as a licensed architect and a professional planner accepted. Ms. Del Nobile testified regarding the plans she prepared to add a dwelling unit in the basement, which would not be visible from the street. Ms. Del Nobile described the floor plans and the parking situation, stating that they could not add a garage in the back yard. Ms. Del Nobile displayed a photo board showing other two-family homes in the neighborhood without garages.

 

Board members asked about the width and length of the driveway and if 4 cars could fit there.

 

Ms. Sedarat asked Mr. Weigl about his comment regarding low income housing.

 

Board members asked why a basement apartment was proposed and not the first floor. Ms. Del Nobile stated they wanted to minimize the coverage.

 

Public questions:

 

Christopher Long, 283 Edwards Street, asked if consideration was given for environmental impact. Ms. Sedarat said not for residential applications.

 

Joseph Ransom, 281 Edwards Street, asked what would happen when it snows, and Ms. Levy said she would deal with it. Mr. Ransom asked if any consideration was given to safety issues of additional vehicles in a neighborhood where there are many children. Ms. Levy stated she could have 4 cars without the apartment.

 

Public Comment:

 

Susan Long, 283 Edwards Street, was sworn and commented on the parking restrictions in regards to street parking and said she is concerned about the driveway size. Ms. Long showed photos of multi-family homes.

 

Christopher Long, 283 Edwards Street, was sworn and said that Ms. Levy also owns the home next to the subject property and cut down the trees between the properties. Mr. Long said he is concerned about the transiency of two-family homes and is opposed to the application. Mr. Weigl stated that it is an R-3 Zone and the use is permitted.

 

Joseph Ransom, 281 Edwards Street, was sworn and said he helped out the previous owner who was disabled, and knows the property and home well. Mr. Ransom said that 4 cars would not fit in the existing driveway. Mr. Ransom commented on the concern of more vehicular traffic on the street with so many children in the neighborhood.

 

Daniel Brauer, 31 High Street, was sworn and stated that 4 cars would not fit in the driveway and the street is narrow and can be congested. Mr. Brauer said that other two-family homes have the parking in the rear of the yard. Mr. Brauer is concerned about the property being kept up if the owner does not live there.

 

Susan Long, 283 Edwards Street, said that they are all owner occupied properties.                                                                                                    

 

Board members asked about Mr. Weigl’s comment regarding how this application would benefit population density or the general welfare of the community. Mr. Weigl said that two-family homes are permitted and additional lower priced housing available within the Village.

 

Ms. Del Nobile, sworn as a professional planner, testified that this application provides for furtherance of the nature of the Master Plan and the MLUL provision that encourages appropriate development that promotes the general welfare of the public and that the benefits of this application substantially outweighs the detriment.

 

Board members asked why a garage couldn’t be built. Ms. Del Nobile said it could but they would need to remove trees and it would take up the backyard and other variances could be created.

 

Public questions:

 

Christian Long, 283 Edwards Street, asked how the garage would be accessed if built. Mr. Brown explained that they would need to submit plans if that were to be proposed.

 

Public comment:

 

Susan Long, 283 Edwards Street, commented regarding the parking in the driveway and the shape of the driveway. Ms. Levy said that the driveway on the side would be narrow and trees would need to be cut down and 3 cars could easily fit in the driveway.

 

The hearing was closed.

 

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

 

Mr. Maxwell returned to the meeting.

 

DANNY & PRISCILLA MARIN – An application to permit the solid fence in the front yard be allowed to remain where a fence that is not more than 60% solid is required; and request that the retaining wall at the rear of the property be allowed to remain at a height of up to 5 feet and set back less than one foot for each foot of height from the property line at 290 Lakeview Drive, Block 2508, Lot 15, in an R-125 Zone. 

 

Danny and Priscilla Marin, homeowners, were sworn.

 

Ms. Marin testified as to how the fence and the wall were installed by their contractor and that they were not aware that permit applications were not submitted. Ms. Marin said they received summonses. Ms. Marin said they are asking for a variance to allow the wall and the fence to remain.

 

Board members asked if the fence could be moved to conform. Ms. Marin said it could but they would lose the benefit of that part of the property. Board members said they could also make the front part of the fence 60% open to comply with the Code.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Brown made a motion to approve the wall, with the condition that they get the necessary permits and inspections, and the fence would be made compliant, Ms. Ruhl seconded, and the application was approved.

 

The meeting was at adjourned at 11:20 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           December 13, 2022