20230314 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

March 14, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:20 p.m.

 

Present:  Greg Brown, Matthew Bandlet, Gary Negrycz, Diana Ruhl, Michael Pickholz, Jonathan Papietro, Jason Curreri, Harold Maxwell and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner, and Jane Wondergem, Board Secretary.

 

Absent:  Gary Negrycz and Diana Ruhl were absent.

 

Minutes:          The minutes from February 28, 2023 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 Les Dann, LLC, 246-264 South Broad Street, application was carried to March 28, 2023 without further notice.

 

Old Business:

 

CHRISTIAN & GIANNA ADAM – An application to permit 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. (Continued from November 22, 2022; Carried from February 14, 2023 without further notice)

 

Mr. Bandelt recused himself from this hearing.

 

Roger Schlicht, architect, was previously sworn and testified regarding the revised plans. The garage was eliminated from the plan. Mr. Schlicht identified the variances being requested and stated that hardship is due to the lawful structure in a nonconforming location and the lot width. Mr. Schlicht went over the proposed floor plans of the house.

 

Mr. Whitaker clarified the variances and the hardship.

 

John Barree stated that he had gone over the revisions with Mr. Schlicht and the Zoning Officer and agreed with what was presented.

There were no questions from the public.

 

Public comment:

 

Keith Gabrielli, 558 Morningside Road, was sworn and spoke in support of the application.

 

Michael Obhof, 230 Bedford Road, was sworn and spoke in support of the application.

 

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

 

Mr. Bandelt returned to the meeting.

 

WOJTEK & BARBARA AUERBACH – An application to permit a koi pond and walkway which would result in coverage by improvements of 39.63% 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. (Continued from November 29, 2022; Carried from January 24, 2023 without further notice)

 

Mr. Papietro recused himself from this hearing.

 

Stephen Sinisi, Esq., was present and explained to the Board that he believes no variance is needed.

 

Dan Muller, landscape architect, was previously sworn. Mr. Muller testified that he submitted a revised drawing, marked as Exhibit A-1, showing a reduction in the tennis court and showing the calculations within 200 feet from the front lot line along Linwood Avenue. The calculations show the improvement coverage to be within what is permitted. Mr. Muller went over the drawing and zoning table in detail.

 

Brigette Bogart, planner, was previously sworn, and stated that she spoke with Paola Perez, Assistant Zoning Officer, as to the correct to measure for within 200 feet.

 

Mr. Barree, Village Planner, was sworn. Mr. Barree stated that both calculations apply and that a variance may still be needed.

 

Following Board discussion, it was determined that a variance would not be required.

 

New Business:

 

Mr. Papietro returned to the meeting.

 

JULIE BURGER – An application to permit the construction of a detached garage and extend existing driveway to the proposed garage, which would result in coverage by above grade structures of 23.6%, where 20% is permitted at 316 Walthery Avenue, Block 3305, Lot 11, in an R-2 Zone.

 

James Delia, Esq., entered his appearance and made opening remarks.

 

Cesar Padilla was sworn and his credentials as a licensed architect accepted. Mr. Padilla testified regarding the plans he prepared for the single car garage. The property does not currently have a garage on the undersized lot. Mr. Padilla testified that most of the homes in the area have a garage.

 

Mr. Whitaker asked if the style and siding of the garage would match the dwelling and clarified the variances being requested.

 

Board members confirmed that the driveway and the setbacks would conform. Mr. Padilla said they would.

 

Mr. Barree asked if a variance would be needed if the lot were conforming. Mr. Padilla said it would not.

 

There were no questions from the public.

 

Public comment: Max Auerbach, 312 Walthery Avenue, said that the developer raised the grade on the property and since then there is standing water and asked what would be done to address drainage issues. Mr. Whitaker said that any approvals would require review from the Engineering Department. The applicant stipulated that a seepage pit would be put in.

 

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

 

PATRICK & DENISE RYAN – An application to permit the construction of a second story and attic addition and expansion of the existing deck which would result in a building height of 34.5 feet, where 30 feet is the maximum permitted; coverage by above grade structures of 20.5%, where 20% is permitted; coverage by above grade structures within 140 feet of the front lot line of 23%, where 20% is permitted; gross building area within 140 feet of the front lot line of 35.1%, where 34% is permitted; and coverage by improvements within 140 feet of the front lot line of 48.7%, where 45% is permitted at 369 Downs Street, Block 3202, Lot 16, in an R-2 Zone.

 

Mr. Brown recused himself from this hearing.

 

Patrick and Denise Ryan, homeowners, were sworn.

 

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

 

Mr. Schlicht described the lot and the existing conditions on the property. Mr. Schlicht testified regarding the proposed floor plans and the expansion of the deck. Mr. Schlicht testified that the existing garage, which does not meet code and is in disrepair, is proposed to be demolished and the new garage is proposed to be built beyond the 140 foot line, will be the legal size, height and have conforming setbacks.

 

Mr. Schlicht identified the variances being requested and stated the hardship as being the narrow lot width. Mr. Schlicht said they are decreasing the coverage by above grade structure within 140 feet of the front lot line by moving the garage, but the improvement coverage will exceed what is permitted due to the longer driveway.

 

Board members asked about the existing lot coverage and what is being requested. Mr. Schlicht explained that the deck contributes to the coverage variance and it is an open structure and that by moving the garage they are able to build a conforming structure that is not within 140 feet of the front lot line. Board members asked if they would be installing a seepage pit. Mr. Schlicht said it would be required for the garage and they will need Engineering to review the plans if they are approved. Mr. Schlicht stated that they could reduce the improvement coverage to 46.3% by removing the existing walkways.

 

Mr. Barree asked about the square footage of the fireplace bump out and asked if the deck would be constructed so that water could pass through. Mr. Schlicht said it would.

 

There were no questions from the public.

 

Public comment:

Tom Torre, 366 E. Glen Avenue, was sworn and spoke in support of the application.

 

Ann McAskin, 358 Fairfield Avenue, was sworn and spoke in support of the application.

 

Mr. Schlicht made closing remarks.

 

Following Board deliberations, Mr. Bandelt made motion to approve the ‘d’ variance for the height of the structure, Mr. Pickholz seconded and all members approved the height variance. Mr. Bandelt made a motion to approve the ‘c’ variances with the conditions that the walkways are removed and the deck will never be enclosed, Mr. Pickholz seconded and the application was approved.

 

Mr. Brown returned to the meeting.

 

EDWARD & JACQUELINE DARTLEY – An application to permit the construction of a deck off the rear of the dwelling which would result in coverage by above grade structures of 23.23%, where 20% is permitted at 525 Van Dyke Street Block 1702, Lot 11, in an R-2 Zone.

 

Edward Dartley, homeowner, was sworn. Mr. Dartley testified as to the proposed deck explaining the existing conditions on the property and the topography of the lot.

 

Board members asked about the necessity of the proposed six-foot privacy wall on the left side of the deck. Mr. Dartley stated that the due to the distance of the neighboring property they thought the privacy screen would be appropriate.

 

Mr. Whitaker asked if the privacy wall would be solid or lattice work. Mr. Dartley said it would be lattice work.

 

Mr. Barree said it was an undersized lot and asked about the garage.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Bandelt made a motion to approve with the condition that the privacy screen will be lattice work, Mr. Pickholz seconded and the application was approved.

 

Resolution Memorialization: The following resolution was memorialized:

-        Savitscus, 8 Fairmount Road

 

Discussion: Mr. Brown distributed a draft of the Annual Report and reviewed with the Board members. Mr. Barree commented on the request for an as-built survey, saying that the Council is concerned regarding the additional cost to residents and the threshold for the requirement. Mr. Brown asked the Board members to look at the report and send any comments to the Board secretary.

 

The meeting was adjourned at 9:40 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: March 28, 2023