VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

June 13, 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 Bandelt, Gary Negrycz, Diana Ruhl, Michael Pickholz, Jonathan Papietro, Jason Curreri and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney, and Jane Wondergem, Board Secretary.

Absent:  Harold Maxwell was 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.

Minutes: The minutes from May 9, 2023 were adopted.

Public hearings:

Mr. Brown announced that the LES DANN, LLC, 246-264 South Broad Street, Block 3905, Lots 12, 13 and 14, application was carried to August 8, 2023, at 7:30 p.m. without further notice. Mr. Whitaker requested that the applicant notify the Board secretary by July 18 if they are going to adjourn to a later date.

Resolution Memorialization:           The following resolutions were memorialized:

-        Pollard, 679 Ellington Road

-        Owen, 857 Hillcrest Road

-        Citro, 474 Hunter Road

-        Dabney, 978 Salem Lane

-        ELRAC, 545 North Maple Avenue

The meeting was adjourned at 7:22 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           June 27, 2023

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

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

May 9, 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:  Matthew Bandelt, Gary Negrycz, 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:  Greg Brown and Diana Ruhl were absent.

Minutes:          The minutes from April 25, 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:

Old Business:

JASON POLLARD – An application to permit the construction of a detached garage which would result in a rear yard setback of 3 feet, and a side yard setback of 3 feet, where 5 feet is required; distance between garage and principal building of 10.8 feet where 12 feet is required, and coverage by above grade structures of 21.8%, where 20% is permitted at 679 Ellington Road, Block 4607, Lot 30, in an R-2 Zone. (Continued from February 14, 2023, Carried from April 25, 2023)

James Delia, Esq., briefly reviewed the previous appearances.

Paul Grygiel, professional planner, was previously sworn and testified regarding the revisions. Mr. Grygiel explained that the proposed two car garage would be in the same location as the previous garage. Mr. Grygiel stated that there was not a way to build a garage without variance relief.

Board members asked about the driveway width and the walkway around the house. Mr. Pollard, homeowner, was previously sworn and stated that when the walkway was approved by the Zoning Officer there was no issue with coverage.

Following discussion regarding the coverage issue, the applicant said they would make a reduction in the impervious coverage to comply with Village Code.

There were no questions from the public.

Public comment:

Jeana Cowie, 702 Midwood Road, was sworn and stated that there are drainage issues on her property, directly behind the applicant, and does not want the garage closer to the property line.

John Sikes, was sworn and stated that his father lives next door and that he is also concerned about drainage issues.

Jay Sikes, 683 Ellington Road, was sworn and stated that there was nothing wrong with the previous garage which was demolished without permits.

Mr. Delia said the revisions were made in response to the comments from the Board at the prior meeting and they will reduce the impervious coverage and will stipulate to addressing the drainage concerns with the required seepage pits.

Mr. Pollard stated that a seepage pit was put in the back yard and they will comply with what is required.

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

New Business:

CHRISTOPHER & JENNIFER OWEN – An application to permit the construction of a covered front porch and rear two-story addition which would result in a building height of 35.9 feet, where 30 feet is permitted; side yard setbacks to the porch of 14.2 feet, to the addition of 14.58 feet and 22 feet, where 24.09 feet is required; coverage by above grade structures within 140 feet of the front lot line of 24.5%, where 20% is permitted; gross building area within 140 feet of the front lot line of 38.3%, where 32% is permitted; and coverage by improvements within 140 feet of the front lot line of 46.9%, where 45% is permitted at 857 Hillcrest Road, Block 1202, Lot 24, in an R-1 Zone.

Darryl Siss, Esq., entered his appearance and made opening remarks, describing the property, what is being proposed and the variances being requested.

Jennifer Kuiken Owen, homeowner, was sworn and explained the need for the proposed addition to gain a bedroom on first floor and enable them to work from home.

Mr. Barree asked how this application is different from the 2018 resolution.

Christopher Owen, homeowner, was sworn and testified that they did not build what was previously approved and that their needs are different at this time.

Roger Schlicht was sworn and his credentials as a licensed architect were accepted. Mr. Schlicht testified regarding the lot and the existing conditions on the property, stating that it is a narrow lot. Mr. Schlicht described the floor plans and the elevations, explaining that the proposed addition is lower than the existing roof line and that the height is due to the slope of the property. Mr. Schlicht said the hardship is based on the C(1)(a) and C(1)(c) criteria.

Mr. Schlicht went over the zoning table and stated that if the property was the proper size and the house was set back no variances would be needed. Mr. Schlicht showed a comparison diagram with the house next door at 651 Hillcrest to show that what is proposed is in keeping with the neighborhood.

Mr. Barree asked about the fireplace on the first floor and if the basement was finished. Mr. Schlicht said the basement was partially finished. Mr. Barree said the column design in the front is out of character for a Tudor style home. Mr. Schlicht said the column is square.

Mr. Whitaker clarified that the rear addition exceeds the height, but is lower than the existing roof.

Board members asked how Mr. Schlicht was able to get the side by side comparison. Mr. Schlicht said he had permission from the neighbor. Board members asked if they would stipulate that the area being created underneath the house would never be enclosed. The applicants agreed.

There were no questions from the public.

Public comment:

Scott McDermott, 851 Hillcrest Road, was sworn and supported the application.

Mr. Siss made closing comments and the hearing was closed.

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

MILELLI RIDGEWOOD SHA LLC – An application for preliminary and final major site plan approval and use variance approval to permit the expansion of multi-family apartment use by converting the existing medical/professional office building into 4 residential apartments at 164 Union Street, lock 3709, Lot 9.01, in an R-3 Zone.

James Delia, Esq., entered his appearance and made opening remarks. Mr. Delia explained that there was no interest in commercial use for the vacant space and that by making the space into apartments, there is a reduced parking requirement.

Nancy Dougherty was sworn and her credentials as a licensed architect accepted. Ms. Dougherty testified regarding the plans she prepared, revised to 4/26/23, describing the existing property and the number of parking spaces. Ms. Dougherty said that the existing medical offices would be converted to one bedroom apartments and there would be no other changes to the site. Ms. Dougherty described the photos she had taken of the existing conditions on the property.

Mr. Whitaker asked about the square footage of the medical office, which was 4,740 square feet. Ms. Dougherty described the floor plans of the proposed apartments.

Mr. Barree referred to his report and asked his items of concerned would be handled. Ms. Dougherty addressed how the trash would be handled. Mr. Barree asked about the striped parking space in the front for the fire department. Mr. Barree asked that a representative from the fire department review the plans and determine the function of that parking area.

Paul Grygiel was sworn and his credentials as a professional planner were accepted. Mr. Grygiel testified regarding the history of the use of the property and the suitability of the proposed use as the existing residential units have been there for more than 50 years. Mr. Grygiel testified that the applicant had been trying to fill the building for more than 4 years. Mr. Grygiel stated that the proposed use is less intense in terms of parking and there would be no substantial negative impact on the public good and there would be no exterior changes being made to the site.

Mr. Whitaker referred to the 1976 resolution and that the residential use was found to be suitable at that time.

There were no questions from the Board.

There were no questions or comments from the public.

Mr. Delia made closing comments.

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

JASON & KATHLEEN ESCARAVAGE – An application to permit the construction of an addition with the enclosure of existing outdoor stairs to basement which would result in a side yard of 10.3 feet, where 19 feet is required, and gross building area within 140 feet of the front lot line of 30.5%, where 29% is permitted at 284 Cantrell Road, Block 2513, Lot 1, in an R-1 Zone.

Piero Gabucci was sworn and his credentials as a licensed architect accepted.  Mr. Gabucci described the existing conditions on the property and the issue with the existing stairs. Mr. Gabucci described the proposed one story addition and stated that there are no variances being requested for coverage.

Mr. Whitaker asked if the foundation wall exists. Mr. Gabucci said it did.

Board members asked when the exterior stair case was built and how it was able to be built without a variance. Mr. Gabucci said it was maybe built 12 years ago and was not counted as structure as it was underground. Mr. Whitaker said it may have been the interpretation of the Zoning Officer at the time.

Board members asked about the hardship. Mr. Gabucci said it was a C(1)(c). Mr. Gabucci explained that enclosing the corner added to the gross building area within the first 140 feet.

There were no questions or comments from the public.

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

FATMIR FANDA – An application to permit the construction of a two story addition which would result in a distance of ±11 feet, to the existing garage, where 12 feet is required; coverage by improvements of 49.9%, where 45% is permitted; and for the construction of a second story addition which would maintain a side yard of 5.8 feet, where 10 feet is required; aggregate side yards of 15.9 feet, where 18 feet is required; coverage by above grade structures of 26.1%, where 25% is permitted; and gross building area of 51%, where 40% is permitted at 116 Woodside Avenue, Block 3708, Lot 7, in an R-3 Zone.

Fatmir Fanda, homeowner, was sworn.

Jonathan Babula was sworn and his credentials as a licensed architect accepted. Mr. Babula testified regarding the plans he prepared, explaining the zone and the lot, which is nonconforming in lot area. Mr. Babula identified the variances being proposed and went over the zoning table. Mr. Babula described the floor plans explaining that the existing bathroom is not to code. The house is a two-family dwelling. The addition would not be seen from the street. Mr. Babula said the hardship is the deficient lot area.

Board members asked questions regarding which areas of the home were for which dwelling unit. Board members asked about the attic space, which would become a 3^rd story. Board members asked about the height of the structure and how it was measured. It was determined that a height variance would be needed.

Board members were concerned about the coverage and that the driveway was over the property line. Mr. Fanda explained that he had received permission from the Zoning Officer to put pavers down due to the condition of the asphalt. Mr. Fanda said he also had permission from the neighbor as they use the driveway.

Board members were concerned about the increase of gross building area. Board members were also concerned about the inaccuracies of the calculations.

Mr. Barree asked that they reduce the attic floor area and the height.

The application was carried to June 27, 2023 without further notice.

Resolution Memorialization:           The following resolutions were memorialized:

-        Mordkovich, 320 Wastena Terrace

-        CY Cornerstone LLC, 848 E. Ridgewood Avenue

-        Kantrowitz, 126 S Hill Road

The meeting was adjourned at 9:50 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           June 13, 2023

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

March 28, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:15 p.m.

Present:  Greg Brown, Matthew Bandlet, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Jason Curreri and Harold Maxwell were present. Also present were Bruce Whitaker, Board Attorney, and Jane Wondergem, Board Secretary.

Absent:  Michael Pickholz and Jamie Fox were absent.

Minutes:          The minutes from March 14, 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 May 23, 2023, and they will renotice.

Resolution Memorialization: The following resolutions were memorialized. 

-        Auerbach, 833 Linwood Avenue

-        Adam, 562 Morningside Road

-        Burger, 316 Walthery Avenue

-        Ryan, 369 Downs Street

-        Dartley, 525 Van Dyke Street

Discussion: Mr. Brown sent the Annual Report to the Council, the Planning Board and Village professionals. Mr. Whitaker said that they should be reminded to respond by a certain date. Mr. Brown said to put this on the May 9 agenda.

The meeting was adjourned at 7:25 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           April 11, 2023