20230124 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JANUARY 24, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:03 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 was Jane Wondergem, Board Secretary.

 

Non-agenda items:

 

Board member comments: Mr. Brown asked the Board members to review the Annual Report.

 

Members of the public comments:

 

Marcia Ringel, 250 Ferris Place, spoke to the Board regarding work currently being done at 151 West End Avenue, and that she spoke to the Building Department about it and they refuse to issue a stop work order. Ms. Ringel stated that the brick chimney on the garage was removed and new chimney was built which she feels is a violation of the Resolution of Denial memorialized 7 years ago for that property according to Village Code chapter 190-29.

 

Public hearings

 

Mr. Brown announced the following adjournments:

 

Wojtek and Barbara Auerbach, 833 Linwood Avenue, was carried to March 14, 2023 without further notice.

 

Michael and Julie Kantrowitz, 126 S Hill Road, was carried to February 28, 2023 without further notice.

 

Old Business:

 

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. (Continued from November 29, 2022 without further notice)

 

Roger Schlicht, architect, previously sworn, testified regarding the revised plans, and distributed a handout which showed the difference between what exists and what is proposed. Mr. Schlicht identified the variances being requested and the property hardships of lot size and location of the existing dwelling. Mr. Schlicht commented on the lack of impact on the neighbors. Mr. Schlicht showed an aerial photo and photos showing the current view from Highland Avenue.

 

Board members clarified the changes.

 

There were no questions from the public.

 

Public comment:

 

Ken Ford, 275 Highland Avenue, was sworn and acknowledged the reductions made in the plans. Mr. Ford showed photos taken from various locations on his property showing the impact the proposed addition and stated that they object to any variance relief.

 

Board members asked about the height of the retaining wall and the fence. Board members asked about the photo of the driveway and if the patio furniture was usually there. Ms. Devincenzo said that they would move the patio furniture to the side yard. Board members asked where the property line was and who maintains the area on the side of the retaining wall facing the applicant’s property.

 

Board members asked if it would be possible to place the stair case, which is proposed to come out into the driveway, to be placed at the end of the addition towards the side yard to reduce the projection into the rear yard.

 

Board members asked Mr. Ford if he was aware that the fence on top of the retaining wall would need a variance.

 

Mr. Schlicht described the topography and how the proposed addition will not be higher than what exists.

 

Board members asked if the stairs could be rotated 90 degrees to the left and Mr. Schlicht said they could. Board members asked if they could get the car to the garage. Mr. Devincenzo said they can. Board members were concerned that the driveway is used as a patio and that they should remove pavers and replace with grass or planting. Following discussion, the applicant said they would remove the pavers adjacent to the house and turn the steps and place a compliant patio on the left of the property.

 

There were no questions from the public.

 

Public comment:

 

Kim Ford, 275 Highland Avenue, was sworn and commented that she has never seen a car in the garage over the last 30 years. Ms. Ford said adding grass will not help and that if the application is approved it will devalue their property value.

 

Mr. Schlicht said that moving the patio to the left will address the issues and will be an improvement acoustically.

 

Mr. Brown said that if the application is approved, revised drawings will need to be submitted before the resolution is memorialized.

 

Following Board deliberation, Mr. Negrycz made a motion to approve with the conditions discussed, Mr. Papietro seconded, and the application was approved.

 

New Business:

 

MICHAILAS ZURAVLIOVAS – An application to permit the construction of a deck at the rear of the house which would result in a rear yard setback of 17.8 feet where 30 feet is the minimum required; coverage by above-grade structures of 23.15%, where 20% is the maximum permitted; distance from accessory building to principle structure of 11 feet, where 12 feet is required; a side yard setback of accessory structure of 4 feet, and a rear yard setback of accessory structure of 0.5 feet, where 5 feet is required at 647 Newcomb Road, Block 4505, Lot 21, in an R-2 Zone. (Carried from December 13, 2022 without further notice)

 

Michael Pickholz recused himself from this hearing and left the meeting.

 

Jeffrey Gasnick was sworn and his credentials as a licensed architect accepted.

 

Michailas Zuravliovas, homeowner, was sworn.

 

Mr. Gasnick testified in regards to the plans he prepared for the proposed deck and explained the issues regarding the location of the shed, which is partly on Village property.

 

Mr. Gasnick described the proposed deck and noted that the neighbor to the right was granted a variance to construct a similar deck. Mr. Gasnick distributed a packet, which was marked as Exhibit A-1 and included the resolution for 651 Newcomb Road, photos taken in early 2022, photos of 651 Newcomb Road.

 

Mr. Gasnick said the fence that was on Village property had already been removed and the shed will be relocated when it is determined where it needs to be located.

 

Mr. Gasnick identified the 5 variances being requested and described the hardship as being the size of the lot and the deficient lot depth. Mr. Gasnick distributed a diagram showing the neighboring houses and the locations of accessory structures, noting that the rear lot line is difficult to see and physically appears to be further back. The proposed deck and the proposed location for the shed would not be detrimental to the public as the property backs to Grove Park.

 

Board members asked about the variance regarding the distance between the deck and the shed. Mr. Gasnick said that for a shed, no fire rating would be required.

 

Board members asked how the fence got to be where it was. Mr. Zuravliovas said they got a permit for the fence, the fence was installed but had not yet been inspected. Mr. Zuravliovas said the part of the fence that was on Village property had been removed and he does not intend to replace it.

 

Board members suggested that the proposed deck is larger than the neighbor’s shed and if they eliminated the landing and just had steps they could reduce the coverage variance.

 

Board members asked about the pad under the shed. Mr. Zuravliovas said the pad would be moved to the approved location.

 

There were no questions or comments from the public.

 

Following Board deliberation Mr. Papietro made a motion to approve with the conditions that updated plans are submitted to the Site Plan Committee showing the landing on the deck removed and the stairs going straight down, Mr. Bandelt seconded, and the application was approved.

 

The meeting was adjourned at 9:16 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           February 14, 2023