20231212 - Zoning Board of Adjustment Meeting Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

December 12, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:33

 p.m.

 

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz (7:44 p.m.), Diana Ruhl (7:36 p.m.), Jonathan Papietro, Jason Curreri, Harold Maxwell and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; Christopher Piersa, Village Engineer; John Barree, Village Planner, and Jane Wondergem, Board Secretary.

 

Absent:  Michael Pickholz and Harold Maxwell

 

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

 

Old Business:

 

Mr. Brown announced that the Rodriguez, 60 South Murray Avenue, application has been withdrawn and the Leonard/Hallowell, 65 Park Slope, application has been carried to January 9, 2024 without further notice.

 

PATRICIA REYNOSO – An application to permit the construction of one-story and two-story additions which would result in a front yard setback of 39.5 feet, where 40 feet is required; side yard setbacks of 8.3 feet and 13.2 feet, where 15 feet is required; combined side yard setback of 21.5 feet, where 32.5 feet is required; rear yard setback of 29 feet, where 30 feet is required at 976 Andover Terrace, Block 1101, Lot 2, in an R-1 Zone. (Continued from September 26, 2023 without further notice)

 

James Stevens, Esq., was present on behalf of the applicant.

 

Steven Lazarus, architect, was previously sworn. Mr. Lazarus presented the revised survey, which included the existing shed, pergola and patio. There were no changes to what was being proposed.

 

Board members asked if everything was included on the schedule. Board members asked why the numbers did not change after the shed and pergola were shown on the plans. Mr. Lazarus explained that those structures were included on the zoning schedule on the original plans.

 

There were no questions from the public.

 

Public comment:

 

Michael Cristaldi, 990 Andover Terrace, was sworn and talked about drainage issues in the neighborhood and the need for a deck to have something to walk on in the back, the need for a shed to have storage as there is no basement. Mr. Cristaldi spoke in support for the application.

 

Mr. Stevens made closing remarks.

 

Following Board deliberation, Mr. Bandelt made a motion to approve with the conditions that the pergola not extend into the side yard setback by more than 3 feet and will not ever be enclosed, and the addition will be setback 8.3 feet at the closest point. Mr. Brown seconded and the application was approved.

 

New Business:

 

ANDREW & LISA LYNCH – An application to permit the construction of an addition which would result in gross building area within 140 feet of the front lot line of 28.9%, where 24% is permitted at 282 West End Avenue, Block 2608, Lot 10, in an R-1 Zone.

 

Darryl Siss, Esq., entered his appearance on behalf of the applicant and made opening remarks.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified as to the plans he prepared, describing the existing conditions, showing the drawings and the floor plans of what is proposed. Mr. Schlicht described the variances approved in the 2015 resolution, stating that the majority of the work was done, but changes were made to the one story addition and the resolution expired. The amended plans do not increase the footprint and the gross building area will not exceed what was approved in 2015.

 

There were no questions from the Board.

 

There were no questions or comments from the public.

 

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

 

JEFFERY TO & LAUREN ROBBINS – An application to permit the construction of a single family dwelling which would result in coverage by above-grade structures within 140 feet of the front lot line of 20.5%, where 20% is the maximum permitted and gross building area within 140 feet of the front lot line of 31.1%, where 29% is permitted at 155 Phelps Road, Block 1605, Lot 12, in an R-1 Zone.

 

Ari Bernstein, Esq., entered is appearance and made opening remarks.

 

Lauren Robbins and Jeffery To, homeowners were sworn and testified regarding moving to Ridgewood and building a house to fit in the neighborhood.

 

Michael Melillo was sworn and his credentials as a licensed architect accepted. Mr. Melillo testified regarding the plans he prepared, showing the floor plans and the elevations. Mr. Melillo testified that the height of the house is in compliance.

 

Board members noted that the architect stated the gross building area of the proposed dwelling was comparable to other homes on the block, but that this lot is smaller. Board members asked for clarification on the coverage by improvement and height calculations.

 

Board members asked about the garage. Mr. Melillo stated that if the garage were demolished, the new garage would keep the same square footage and would comply with required setbacks.

 

Mr. Barree had no questions.

 

Public questions:

Robert Painter, 160 Fairmount Road, asked about the use of the existing garage. The architect said the existing garage will most likely be demolished and the new accessory structure would have the same dimensions and would be used as a pool house.

 

Michael Petry was sworn and his credentials as a Professional Engineer and Professional Planner were accepted. Mr. Petry testified regarding aerial photos, tax and zoning information. Mr. Petry showed photos of the existing conditions on the property and photos of the properties on either side. Mr. Petry testified regarding the plot plan he prepared, describing the layout, grading and landscaping. Mr. Petry compared the proposed placement of the home, comparing it to the properties on either side or stating that the property is wider and deeper than required and the house will meet all setback requirements. Mr. Petry said they could push the house back further and not need any variances but it would impose more on the neighbors.

 

Mr. Petry identified the variances being requested and went through the C(2) criteria to demonstrate how this application meets that criteria, stating that there is no substantial detriment to the public good.

 

Mr. Petry testified that the issue regarding the interior walls on the lot could be tiered to conform to what is permitted will not need a variance.

 

Board members asked about the coverage by improvements calculation and questioned if a variance is needed for the square footage. Mr. Petry said they would make the improvement coverage comply. Board members asked about fencing for the pool, Mr. Petry said there is a fence existing around the property. Board members asked if the proposed home would comply using the current minimum/maximum setback rules. Board members asked about the second floor space.

 

There were no questions from the public.

 

Public comment:

 

Mark Corcoran, 145 Phelps Road, spoke in support of the application.

 

The hearing was carried to January 9, 2024 without further notice.

 

LU & JAMES GUSFA – An application to permit the construction of a single family dwelling which would result in a building height of 31.77 feet, where 30 feet is permitted; front yard setbacks on Van Dien Avenue of 40.1 feet to the building, 35.2 feet to the porch, 35.2 feet to the step where 45 feet is required; side yard setbacks of 10.4 feet to the overhang, and 11.9 feet to the column, where 21.2 feet is required; and a driveway width of 40 feet, where 22 feet is the maximum permitted at 488 Overbrook Road, Block 3612, Lot 14, in an R-1 Zone. (Carried from October 10, 2023)

 

Jennifer Knarich, Esq., entered her appearance on behalf of the applicant and made opening remarks.

 

Tyler Vandervalk was sworn and his credentials as an engineer were accepted. Mr. Vandervalk testified regarding the site plan he prepared, revised to November 17, 2023. Mr. Vandervalk described the property, the zone, and the dwelling. Mr. Vandervalk stated the existing home was demolished and the location of the new dwelling, driveway, patio and walls. Mr. Vandervalk identified the variances, explaining that original plans were approved and then it was determined that there was an error on the site plan regarding the width of Van Dien Avenue, which created a front yard setback variance.

 

Mr. Vandervalk identified the hardships of the property, as it is undersized and a corner lot. The variance for driveway width is needed for extra parking and turnaround area as there is no parking on the street. Mr. Vandervalk identified the other variances being requested.

 

Ms. Knarich addressed the items on the Planner’s report.

 

Mr. Whitaker asked for a chronology of plan approval.

 

Board members asked about the driveway width and how it compared with other properties on Van Dien Avenue. Board members questioned the need for 40 feet to turn around. Mr. Vandervalk said it was also for parking. Board members asked if they considered leaving the driveway on Overbrook Road. Board members questioned how much work was done after submitting the application and why they continued construction when they knew they needed variances.

 

Mr. Barree asked about the placement of the electric conduit and the knee walls.

 

Public questions:

 

Peter Herrigel, Esq., representing Elizabeth and Kent Blair, 78 N. Van Dien Avenue, asked when the error regarding the street width was found and asked about the height of the patio cover. Mr. Herrigel questioned the hardships, commenting that they created the hardships.

 

Lorraine Reynolds, 550 Wyndemere Avenue, asked about the stonewall on the plan and if the height was compliant as it creates a site obstruction. Mr. Vandervalk said they walls will be made compliant. Ms. Reynolds asked about the driveway width. Mr. Vandervalk said the existing driveway is compliant at 22 feet. Ms. Reynolds asked if Village professionals in the Engineering Department and the Building Department had suggested that the driveway should be on Overbrook. Mr. Vandervalk said he did not have that conversation.

 

Alyssa Becker, 314 Marshall Street, asked if seepage tanks affect how much impervious surfaces can be on the property. Mr. Vandervalk said they do not, they mitigate the impervious surfaces and that the applicant complies with coverage by improvements.

 

John Musinski was sworn and his credentials as a licensed architect accepted. Mr. Musinski stated that he was involved with the project from the beginning and showed photos of the original house, which he said was not feasible to repair. Mr. Musinski described the original conditions on the property. Mr. Musinski testified regarding the drawings he prepared and what was built.

 

Mr. Whitaker asked if the covered patio was built. Mr. Musinski said it is built as permitted and is compliant. The request is to extend the roof. Mr. Musinski said the portico on the Van Dien side is built 5 feet off the house is built.

 

Board members asked about the driveway and Mr. Musinski said alternatives were considered but the decision was made in favor of a more private yard.

 

Mr. Barree asked about the electrical panel and why it is a freestanding structure in that location. Mr. Musinski said it needs to be freestanding because the wiring is underground and once the landscaping is done, it will not be visible.

 

Public questions:

 

Peter Herrigel, Esq., asked about the height of the roof over the patio, which Mr. Musinski said would be 12 feet.

 

Trevor Langsdale, 83 N. Van Dien Avenue, asked if Mr. Musinski was consulted on decision to change the covered steps on the front of the house from 3 feet to 5 feet. Mr. Musinski said the contractor made that decision.

 

Lorraine Reynolds, 550 Wyndemere Avenue, asked about the walls. Mr. Whitaker said the wall is compliant.

 

Sarah Thurston, 477 Beverly Road, asked about the stanchions and if they would create a site obstruction for the applicants as well as other drivers. 

 

Board members asked when the decision was made to change the covered portico from 3 feet to 5 feet. Mr. Musinski said it was done in the summer. Board members asked about the square footage of the portico and the porch.

 

Peter Herrigel, Esq., asked if the contractor consulted Mr. Musinski before constructing the covered porch at 5 feet. Mr. Musinski said they talked about it and the contractor was told that a variance would be required.

 

The hearing was carried to January 9, 2024 without further notice.

 

The meeting was adjourned at 11:14 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           January 30, 2024