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

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       

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

February 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 Bandelt, Gary Negrycz, Jason Curreri and Harold Maxwell were present. Also present were Sophy Sedarat, Board Attorney; John Barree, Village Planner and Jane Wondergem, Board Secretary.

Absent:  Diana Ruhl, Michael Pickholz, Jonathan Papietro, and Jamie Fox were absent.

Minutes:          The minutes from February 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 Noah, 703 Midwood Road, application was carried to April 25, 2023 without further notice.

New Business:

MICHAEL & JULIE KANTROWITZ – An application to permit the construction of an addition, reconfigure and relocate pool house patio, removal of existing detached garage and removal of existing covered porch, walkway and steps which would result in gross building area of 22.01%, where the maximum permitted is 20%; and gross building area within 175 feet of the front lot line of 25.59%, where the maximum permitted is 20% at 126 S Hill Road, Block 1907, Lot 4, in an R110 Zone. (Carried from January 24, 2023 without further notice)

Matthew Weiss, Esq., entered his appearance and made opening remarks.

Michael Kantrowitz, homeowner, was sworn and testified regarding the purchase of the property and the reasons for the proposed changes. Mr. Kantrowitz stated that the location of the existing garage is not ideal and the proposed addition would also provide room for study areas and home offices. Mr. Kantrowitz said the area where the existing garage is would be replaced with garden and grass.

Vincent Falotico was sworn and his credentials as a licensed architect accepted. Mr. Falotico testified regarding the plans he prepared. He displayed and explained the floor plans and elevations. Mr. Falotico went over the zoning table and the gross building area of each floor.

Board members asked about the size of the home office area and necessity of that much space. Board members asked if they had looked at designs that went out the back and would have less impact on the streetscape. Board members expressed concern regarding the mass of what is proposed.

Board members asked about the passageway and if it was included in the gross building area. Following discussion and input from Mr. Barree, it was determined that it did not need to be included.

Mr. Weiss said there was an alternative plan. Ms. Sedarat explained that they would need to submit the alternate plan so the Board members could review it and the public could have access to it.

The application was carried to April 25, 2023 without further notice.

DANIEL & KATHERINE SAVITSCUS – An application to  permit the construction of a second story addition which would result in a front yard of 39.54 feet, where 40 feet is the minimum required; a front yard setback of 33.34 feet, to the proposed covered porch, where 40 feet is required; and for the construction of a one story addition which would result in a rear yard setback to the stairs of 23.9 feet, and maintain a rear yard of 27.5 feet to the addition, where 30 feet is required; and would result in a distance of 8.5 feet, to the existing     garage, where 12 feet is the minimum required at 8 Fairmount Road, Block 1501, Lot 2, in an R-1 Zone.

Michael Scro was sworn and his credentials as a licensed architect accepted.

Daniel and Katherine Savitscus, homeowners, were sworn.

Mr. Scro described the property and the existing nonconformities. Mr. Scro stated that the location of the dwelling on the property is due to the terrain and the lot depth. Mr. Scro testified that they are not seeking any coverage variances and they are not exacerbating the current setbacks. Mr. Scro went over the floor plans and the elevations and discussed the materials and trim to be used.

Board members asked about the existing setbacks and if they agree to not enclose the portico. Board members asked how far the second floor overhang would project. Mr. Scro stated it would project 12-14”. Board members asked for confirmation that any attic area over 7’ in height was included in the gross building area. Mr. Scro said it was.

There were no questions or comments from the public.

Mr. Savitscus made closing comments.

Following Board deliberation, Mr. Negrycz made a motion to approve, Mr. Bandelt seconded, and the application was approved with the condition that the portico would never be enclosed.

Resolution Memorialization: The following resolution was memorialized:

-        Pollard, 679 Ellington Road – Front porch only

Discussion: Mr. Brown addressed the annual report, commenting that after previous discussion, he would include the need to have Mr. Barree do completeness reviews and that there should be an increase in the amount of escrow required. Ms. Sedarat agreed that it is beneficial to have the Engineer or Planner do completeness reviews.

The meeting was adjourned at 9:00 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           March 14, 2023

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

December 13, 2022

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:45 p.m.

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

Absent:  Isaac Lebow

Minutes:          The minutes from November 22, 2022 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 the following:

Outfront Media LLC, 500 Route 17 South, application was carried to January 31, 2023 without further notice.

Zuravliovas, 647 Newcomb Road, application was carried to January 24, 2023 without further notice.

Old Business:

MARIO MAGGIA & AZAHARA MARTINEZ – An application to permit an addition which would result in a front yard setback of 30.66 feet where 40 feet is required; and coverage by above grade structures within 140 feet of the front lot line of 20.8%, where 20% is permitted at 573 Barnett Place, Block 2905, Lot 38, in an R-2 Zone. (Continued from November 29, 2022)

Charles Rabolli, Esq., was present with Mario Maggia, who was previously sworn. Mr. Rabolli went over the revisions in the calculations to include a variance request for coverage by above grade structures for the rear steps.

There were no questions from the Board.

There were no questions or comments from the public.

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

HANS H. CHOU – An application to permit the removal of the existing garage to construct a new garage, expand driveway, and alterations to existing retaining wall which would result in coverage by above grade structures of 24.9%, where 20% is permitted; total coverage by improvement of 51.65%, where 45% is permitted; and gross building area of accessory structures of 12.3%/706 sq ft where 7.5%/588 sq ft is permitted at 564 Cliff Street, Block 1509, Lot 9, in an R-2 Zone. (Continued from November 8, 2022 without further notice)

Rocco Orlando, architect, was previously sworn. Mr. Orlando distributed a zoning chart showing a corrected error from the plans. Mr. Orlando testified as to the revisions made, identifying the variances now being requested, the existing conditions on the property and the hardships. Mr. Orlando said the mass was reduced by changing the width of the proposed garage.

Board members asked about the height of the structure. Mr. Orlando said the height was not reduced as they are proposing a loft area for storage and play space.

Board members asked about the dormer on the garage and if the gross building area would be reduced if it were removed. Mr. Orlando said the gross building area wouldn’t change and it was there to provide light and for aesthetics. Board members asked if he would consider using a skylight for light, Mr. Orlando agreed to eliminate the dormer.

There were no questions or comments from the public.

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

New Business:

JASON POLLARD – An application to permit the construction of a new front porch, attached garage, and second story addition which would result in a front yard setback of 33.5 feet, where 40 feet is required; a side yard setback of 3.23 feet, where 10 feet is required; a combined side yard setback of 14.51 feet, where 20.64 feet is required; and a driveway width of 16 feet, where 12 feet is the maximum permitted at 679 Ellington Road, Block 4607, Lot 30, in an R-2 Zone. (Carried from November 29, 2022 without further notice)

James Delia, Esq., entered his appearance and made opening remarks, commenting on the deficient lot area and the irregular shape of the lot. Mr. Delia said there had been an existing garage which was demolished and identified the variances being requested.

Milton Robinson was sworn and his credentials as a licensed architect accepted. Mr. Robinson testified regarding the existing conditions and stated that the garage was demolished due to deterioration. Mr. Robinson testified regarding the shape of the lot and said that by demolishing the garage and some of the driveway, the proposed improvement will have reduced impervious coverage. Mr. Robinson described the variances and the proposed addition. Mr. Robinson testified as to the plans he prepared and showed a comparison of the existing site diagram and proposed site diagram and testified regarding the floor plans and elevations.

Board members asked for clarification on the height of the addition and the distance from the side property line and how it was providing ‘open air’. Mr. Robinson said the back yard will be more open without the garage. Mr. Whitaker explained the difference between setback for accessing structure and principal structure and the additional mass.

Board members asked if they had considered a detached garage in a conforming location.

There were no questions from the public.

Paul Grygiel was sworn and his credentials as a professional planner accepted. Mr. Grygiel testified as to the variances and positive and negative criteria. Mr. Grygiel stated that the expansion is reasonable and there is no substantial detriment to the Village. Mr. Grygiel showed photos of similar houses in the area.

Mr. Whitaker asked if the setbacks were known for the houses in the photos. Mr. Grygiel said he didn’t have that information.

Board members asked about the hardship and the impact on the neighbor to the right. Board members asked if any other options had been considered. Board members had concerns about the encroachment in the side yard.

The application was carried to February 14, 2023 without further notice.

Mr. Brown announced that the Gregory Gelish and Lindsay Uhden, 97 Washington Place, application would be carried to February 14, 2023 without further notice.

GEORGE & JESSICA KAPTAIN – An application to permit the construction of a single family residence, porte cochere and detached garage which would result in a front yard setback of 32.3 feet, to the proposed porch, where 40 feet is required; coverage by above grade structure within the first 140 feet, of 22% where 20% is permitted; for the construction of a detached garage in the front yard which is not permitted; and gross building area for accessory structures of 6%/1644 square feet where 4%/1097 square feet is permitted at 645 Hillcrest Road, Block 1409, Lot 1, in an R-1 Zone.

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

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

John Barree, Village Planner, was present.

Mr. Schlicht testified regarding the existing conditions on the property, explaining that the previous house had been destroyed by fire and was demolished in 2020. Mr. Schlicht testified as to the plans he prepared, describing the proposed single-family home, new detached garage and the conversion of the existing garage to a cabana. Mr. Schlicht explained that the proposed house is supposed to mimic an early 20^th century house.

Mr. Schlicht identified the variances and went over the revised zoning chart, adding the gross building area calculations to include 2-story spaces. Mr. Schlicht stated that the variances are due to the irregular lot shape and the property being a corner lot.

Mr. Barree asked if they had considered sliding the house back to eliminate the setback variance. Mr. Schlicht said that would reduce the back yard.

Mr. Whitaker said the lot is oversized for the zone and they had a clean slate to build a conforming house and garage. Mr. Schlicht said the porch and porte cochere add character to the house.

Board members had concerns about the necessity for the variances and asked about other possible locations for the home and garage.

There were no questions from the public.

David Kennedy was sworn and his credentials as a landscape designer accepted. Mr. Kennedy described the proposed landscaping and the landscape wall, which is a safety measure as the front yard will be lawn area for children. Mr. Kennedy identified the trees to be removed.

Mr. Barree asked for clarification of the trees to be removed and the number of trees being replaced.

There were no questions from the public.

Paul Grygiel, professional planner, was sworn. Mr. Grygiel testified regarding the property and the zone and the benefits of the proposed improvements. Mr. Grygiel stated that what is proposed improves the situation for the neighboring properties, and that although they have a clean lot, it is not a rectangular lot.

Mr. Barree acknowledged that the applicant is focused on (2) criteria, not hardship, and asked if there was a better planning alternative that could reduce one or both structures to achieve the same goals. Mr. Grygiel commented on the aesthetics of what is proposed. Mr. Barree asked if the 3-car garage and motor court were necessary. Mr. Grygiel said the parking proposed is not unreasonable.

Board members asked about the public benefit, which Mr. Grygiel said the proposed improvement of the existing conditions on the site benefit the Village. Board members were concerned about the variances being requested on an empty, oversized lot.

The application was carried to February 14, 2023 without further notice.

Resolution Memorialization: The following resolutions were memorialized:

-     Levy, 276 Edwards Street

-     Marin, 290 Lakeview Drive

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

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           January 10, 2023