20230523 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

May 23, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:08 p.m.

 

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Jonathan Papietro, Harold Maxwell and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner; Christopher Rutishauser, Village Engineer, and Jane Wondergem, Board Secretary.

 

Absent:  Diana Ruhl, Michael Pickholz and Jason Curreri were absent.

 

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 Chan, 664 Wyndemere Avenue, application was carried to June 27, 2023, without further notice.

 

Old Business:

 

ELRAC, LLC/Enterprise Rent-a-Car – An amended application to permit the construction of an attached garage to the rear of the existing one-story building which would result in an expansion of the non-conforming use at 545 North Maple Avenue, Block 2904, Lot 18, in a B-2 Zone. (Continued from November 29, 2022; Carried from April 25, 2023 without further notice)

 

Harold Maxwell recused himself from this application.

 

Russell Anderson, Esq., was present and briefly explained the revisions made. Mr. Whitaker acknowledged that this application was for a ‘D(2)’ variance and that there were only 5 members present to hear the application. Mr. Anderson said they wanted to proceed.

 

Ryan Petersen, the property development facilities manager for the company, was sworn and his credentials accepted. Mr. Petersen described the proposed garage and explained how it would be used to clean and sanitize vehicles. Mr. Petersen said there would be no other changes to the property.

 

Board members asked what hours the facility would be used, Mr. Petersen said it would be used from 8:00 a.m. to 5:30 p.m. Monday – Friday, 9 a.m. to 12 p.m. on Saturday and closed on Sunday.

 

Public questions – Valerie Dodds, 554 Barnett Place, asked about landscaping or buffering. Mr. Anderson said that would be a question for the engineer.

 

John Gilchrist, engineer, was previously sworn, and testified that there is no landscaping or additional lighting proposed at this time. There would be no loss of parking spaces and all bulk standards are conforming.

 

Board members asked if there was any exterior lighting on the proposed structure, Mr. Gilchrist said there was not. Board members asked about the noise level. Mr. Gilchrist said the building would be insulated and the loudest noise would be the vacuum.

 

Mr. Barree asked if the garage had 2 doors, Mr. Gilchrist said the cars could drive through.

 

Board members asked if there was a door other than the garage doors for employees to enter or exit the garage. Mr. Gilchrist said there was not but they could put one on the east elevation.

 

John McDonough was sworn and his credentials as a professional planner accepted. Mr. McDonough distributed a photo packet, marked as Exhibit A-2, and described the various photos of the property and aerial photos of the property. Mr. McDonough addressed the positive criteria, stating that the existing use of the property is not as intense as other uses that are permitted in the zone. Mr. McDonough identified the negative criteria as having a minimal impact on the adjacent properties and land use.

 

There were no questions from the Board or from the public.

 

Public comment:

 

Doug Goodell, 234 Mulberry Place, was sworn and stated that he is within view of the property and that the impact on the neighborhood could be worse. Mr. Goodell spoke in support of the application with the stipulation that the landscaping be improved.

 

Mr. McDonough said that the applicant would be willing to plant a buffer. Mr. Barree said that a row of Evergreens should be planted along the rear fence.

 

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

 

New Business:

 

Mr. Maxwell returned to the meeting.

 

JOHN & LYNN DABNEY – An application to permit the construction of a one story addition which will result in a front yard setback of 26 feet, where 40 feet is required;  a side yard setback of 13.7 feet, where 16 feet is required; coverage by above-grade structures within 140 feet of the front lot line of 21.1%, where 20% is permitted; coverage by improvements of 47.6%, where 45% is permitted; coverage by improvements within 140 feet of the front lot line of 55.2%, where 45% is permitted at 978 Salem Lane, Block 4805, Lot 6, in an R-1 Zone.

 

David Becker, Esq., entered his appearance.

John Dabney, homeowner, was sworn and testified regarding the addition and wishing to age in place.

 

Lynn Dabney, homeowner, was sworn and explained the necessity of the addition to accommodate living on one floor due to medical reasons.

 

Albert Martorano was sworn and his credentials as a licensed architect accepted. Mr. Martorano testified regarding the plans he prepared and the site plan. Mr. Martorano stated that the narrowness of the lot is the hardship, and that the long driveway to the garage is a significant part of the improvement coverage. Mr. Martorano described the proposed addition, stating that they are in line with the houses in the neighborhood, the existing non-conforming front yard setback, and they are maintaining the side yard setback.

 

Board members asked about the survey and why the a/c units are not shown. Board members asked how the existing coverage by improvements got to 54%.

 

There were no questions from the public.

 

Paul Braunius, President of Braunius Bros., contractor, was sworn and his credentials were accepted. Mr. Braunius testified that they had built the first addition in 1983, the pool in the 1990’s, and the driveway and garage had been there since the 1920’s. Mr. Braunius said that all the work had been done with permits, including the generator and the a/c units. Mr. Barree commented that the setback of the generator and a/c units should have been 10 feet.

 

There were no questions or comments from the public.

 

Mr. Becker made closing remarks, stating the c(1) hardship variance and the c(2) flexible variance as being appropriate for this application.

 

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

 

MICHAEL CITRO -  An application to permit the construction of a covered front porch which would result in a front yard setback of 35.9 feet, where 40 feet is the minimum required for the Property located at 474 Hunter Road, Block 4604, Lot 20, in an R-2 Zone.

 

Vincent Graziano was sworn and his credentials as a licensed architect accepted. Mr. Graziano testified that an addition is being built at this time and that the variance is for the front porch only. Mr. Graziano described the lot as being insufficient in area. The front of the existing residence is within 1’ of the front yard setback line. Mr. Graziano testified that the work being proposed fits within the neighborhood.

 

Mr. Whitaker asked what the depth of the porch would be, Mr. Graziano stated it would be 6 feet. The applicant agreed that it would never be enclosed.

 

Mr. Brown reminded the Board that it was in their annual report to not require this type of variance to come before the Board. If a proposed front porch encroaches in the front yard setback by 5 feet or less, the recommended ordinance would permit the encroachment.

 

There were no questions or comments from the public.

 

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

 

LES DANN, LLC – An application for preliminary and final major site plan approval, expansion of a nonconforming use variance approval, and use variance approval for the construction of an auto body shop, which will serve as the principal use at 246-264 South Broad Street, Block 3905, Lots 12, 13 and 14, in an R-3 Zone. (Continued from January 10, 2023, Carried from March 28, 2023 without further notice)

 

Gregory Asadurian, Esq., was present on behalf of the applicant.

 

Robert Inglima, Jr., Esq., was present on behalf of The Religious Society of Friends, Ridgewood Friends Meeting. Mr. Inglima stated that he had an objection regarding the notice, but they can proceed.

 

Mr. Whitaker commented that new notice was done properly and proof of publication had been received. There may be an issue that additional variances are needed, but the applicant can proceed. Mr. Whitaker stated that based on his review, he recommended that the Board should disregard testimony from the prior meeting and treat as a new application.

 

There was discussion that there were revised plans submitted, but not a revised application. Mr. Asadurian said the variances were put in the notice, but not into a new application. Mr. Inglima noted that there are existing nonconforming uses on all three lots.

 

There was discussion regarding the existing nonconforming uses and if the applicant was looking for a D(1) or D(2) variance.

 

Mr. Asadurian made opening remarks.

 

Michael Daniel, 96 Newark Pompton Turnpike, was sworn and testified regarding the existing conditions on the properties. Mr. Daniel stated that the properties were cleaned up and the existing auto body shop was painted. Several photos were shown and marked as Exhibits. The photos showed the condition of the property in the past, before being cleaned up and existing condition. There were photos showing the Mountainview Autobody shop in Wayne, NJ.

 

Mr. Daniel described how the shop would work, where the vehicles would be stored, the number of employees and days and hours of operation. Mr. Daniel stated that there could be 50-60 vehicles on site, but that disassembled vehicles would be stored inside. Mr. Daniel testified regarding dumpster location and parking for employees.

 

Mr. Inglima asked Mr. Daniel about prior ownership of the property, the use of the property now, if he had entered into any leases and if there were any easements on the property. Mr. Inglima asked for clarification regarding several of the photos which were marked.

 

Mr. Inglima asked if they did any work outside. Mr. Daniel said they do not. Mr. Inglima showed 2 photos and asked Mr. Daniel questions about Mountainview Auto Collision Center in Wayne and if there were cars being worked on outside. Mr. Daniel stated that he could not tell from the picture if that was one of his employees.

 

Mr. Inglima asked if Mr. Daniel was involved in the process of the application and if other options for a smaller building, or a building which was set back 40 feet from the front property line. Mr. Daniel said they had looked at other options.

 

The hearing was carried to June 13, 2023 without further notice.

 

Resolution Memorialization:           The following resolutions were memorialized:

-        Milelli Ridgewood SHA LLC, 164 Union Street

-        Escaravage, 284 Cantrell Road

 

The meeting was adjourned at 10:50 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           June 27, 2023