VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 22, 2022

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:48 p.m.

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Michael Pickholz, Jason Curreri and Harold Maxwell. Also present were Sophy Sedarat, Esq., Board Attorney, and Jane Wondergem, Board Secretary.

Absent:  Isaac Lebow

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 John Mahoney/Sign Art Graphix, 235 E. Ridgewood Avenue, application will re-notice at a later date.

New Business:

CHRISTIAN & GIANNA ADAM – An application to 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.

Mr. Bandelt recused himself from this application.

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

Christian Adam, homeowner, was sworn.

Mr. Schlicht testified regarding the irregularly shaped lot and the various setbacks and existing location of the home. Mr. Schlicht explained that they were looking for a c(1)(a) and c(1)(c) hardships.

Mr. Schlicht stated that the requested variances are due to setback issues, no coverage variances are being sought. Mr. Schlicht distributed a setback diagram, marked as Exhibit A-1, asking the Board how the lot should be considered in regards to side yard, front yard and rear yard.

Board members discussed the setbacks and where they should be measured from. Board members asked how the other lots were measured and how this lot lined up. Ms. Sedarat looked at the Village Code and the examples provided and the Board determined what the side yard setbacks to the house would be.

The Board discussed the location of the garage and if it was in the front yard.

Following discussion, the Board asked to get input from the Zoning Officer and from the Village Planner.

The application was carried to January 10, 2023 without further notice.

Mr. Bandelt returned to the meeting.

RINA LEVY – An application to permit the conversion of a single family home to a two-family home without providing a garage for the second unit, where a garage is required for each dwelling unit at 276 Edwards Street, Block 3912, Lot 4, in an R-3 Zone.

Mr. Maxwell recused himself from this application.

Christopher Weigl, Esq., entered his appearance and made opening remarks.

Rina Levy, homeowner, was sworn and explained that she learned that her house was in a district zoned for two-family homes.

Mr. Weigl said they were looking for a c(2) flexible variance and that what was being proposed furthered the MLUL and would supply housing for moderate to low income. Mr. Weigl commented that 5 parking spaces would be provided, 4 in the driveway and 1 in the garage.

Linda Del Nobile was sworn and her credentials as a licensed architect and a professional planner accepted. Ms. Del Nobile testified regarding the plans she prepared to add a dwelling unit in the basement, which would not be visible from the street. Ms. Del Nobile described the floor plans and the parking situation, stating that they could not add a garage in the back yard. Ms. Del Nobile displayed a photo board showing other two-family homes in the neighborhood without garages.

Board members asked about the width and length of the driveway and if 4 cars could fit there.

Ms. Sedarat asked Mr. Weigl about his comment regarding low income housing.

Board members asked why a basement apartment was proposed and not the first floor. Ms. Del Nobile stated they wanted to minimize the coverage.

Public questions:

Christopher Long, 283 Edwards Street, asked if consideration was given for environmental impact. Ms. Sedarat said not for residential applications.

Joseph Ransom, 281 Edwards Street, asked what would happen when it snows, and Ms. Levy said she would deal with it. Mr. Ransom asked if any consideration was given to safety issues of additional vehicles in a neighborhood where there are many children. Ms. Levy stated she could have 4 cars without the apartment.

Public Comment:

Susan Long, 283 Edwards Street, was sworn and commented on the parking restrictions in regards to street parking and said she is concerned about the driveway size. Ms. Long showed photos of multi-family homes.

Christopher Long, 283 Edwards Street, was sworn and said that Ms. Levy also owns the home next to the subject property and cut down the trees between the properties. Mr. Long said he is concerned about the transiency of two-family homes and is opposed to the application. Mr. Weigl stated that it is an R-3 Zone and the use is permitted.

Joseph Ransom, 281 Edwards Street, was sworn and said he helped out the previous owner who was disabled, and knows the property and home well. Mr. Ransom said that 4 cars would not fit in the existing driveway. Mr. Ransom commented on the concern of more vehicular traffic on the street with so many children in the neighborhood.

Daniel Brauer, 31 High Street, was sworn and stated that 4 cars would not fit in the driveway and the street is narrow and can be congested. Mr. Brauer said that other two-family homes have the parking in the rear of the yard. Mr. Brauer is concerned about the property being kept up if the owner does not live there.

Susan Long, 283 Edwards Street, said that they are all owner occupied properties.                                                                                                    

Board members asked about Mr. Weigl’s comment regarding how this application would benefit population density or the general welfare of the community. Mr. Weigl said that two-family homes are permitted and additional lower priced housing available within the Village.

Ms. Del Nobile, sworn as a professional planner, testified that this application provides for furtherance of the nature of the Master Plan and the MLUL provision that encourages appropriate development that promotes the general welfare of the public and that the benefits of this application substantially outweighs the detriment.

Board members asked why a garage couldn’t be built. Ms. Del Nobile said it could but they would need to remove trees and it would take up the backyard and other variances could be created.

Public questions:

Christian Long, 283 Edwards Street, asked how the garage would be accessed if built. Mr. Brown explained that they would need to submit plans if that were to be proposed.

Public comment:

Susan Long, 283 Edwards Street, commented regarding the parking in the driveway and the shape of the driveway. Ms. Levy said that the driveway on the side would be narrow and trees would need to be cut down and 3 cars could easily fit in the driveway.

The hearing was closed.

Following Board deliberation Mr. Bandelt made a motion to deny, Mr. Papietro seconded, and the application was denied.

Mr. Maxwell returned to the meeting.

DANNY & PRISCILLA MARIN – An application to permit the solid fence in the front yard be allowed to remain where a fence that is not more than 60% solid is required; and request that the retaining wall at the rear of the property be allowed to remain at a height of up to 5 feet and set back less than one foot for each foot of height from the property line at 290 Lakeview Drive, Block 2508, Lot 15, in an R-125 Zone. 

Danny and Priscilla Marin, homeowners, were sworn.

Ms. Marin testified as to how the fence and the wall were installed by their contractor and that they were not aware that permit applications were not submitted. Ms. Marin said they received summonses. Ms. Marin said they are asking for a variance to allow the wall and the fence to remain.

Board members asked if the fence could be moved to conform. Ms. Marin said it could but they would lose the benefit of that part of the property. Board members said they could also make the front part of the fence 60% open to comply with the Code.

There were no questions or comments from the public.

Following Board deliberation, Mr. Brown made a motion to approve the wall, with the condition that they get the necessary permits and inspections, and the fence would be made compliant, Ms. Ruhl seconded, and the application was approved.

The meeting was at adjourned at 11:20 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           December 13, 2022

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 29, 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 and Harold Maxwell. Also present were Sophy Sedarat, Esq., Board Attorney, and Jane Wondergem, Board Secretary.

Absent:  Isaac Lebow, Michael Pickholz and Jason Curreri 

Minutes:          The minutes from November 8, 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 that the John Mahoney/Sign Art Graphix, 235 E. Ridgewood Avenue, application will re-notice at a later date.

New Business:

ELRAC, LLC/Enterprise Rent-a-Car – An application to permit a car port to remain which would result to be closer to the existing building than the minimum required of 11 feet and would also increase the nonconforming use at 545 North Maple Avenue, Block 2904, Lot 18, in a B-2 Zone. (Carried from November 8, 2022 without further notice)

Mr. Maxwell recused himself from this application.

Russell Anderson, Esq., entered his appearance and made opening comments.

Mark McMahon, a representative of ELRAC, was sworn and testified in regards to the existence of the carport, which was put up during COVID to have a designated area to clean and sanitize vehicles. Mr. McMahon said it was put behind the existing building to minimize impact on the neighbors and the street scape. The carport was put close to the building for convenience. Mr. McMahon testified that they propose to leave the carport in its existing location as a convenience and for the safety of the employees. Mr. McMahon testified that the carport does not create more employees, noise pollution or additional traffic.

Board members asked about the hours of operation. Board members asked if permits were issued for the carport and Mr. McMahon said they were not. Board members asked if there was electricity or plumbing going to the carport and if there was lighting. Mr. McMahon said there is no water within the carport and there is lighting attached to the principle building and there is one light inside the carport.

Public questions:

Caroline Addy, 361 Wastena Terrace, asked how long they operated without the structure. Mr. McMahon said 20 years.

Lou LoGrasso, 548 Barnett Place, asked why it was necessary to have carport after operating without it for 20 years. Mr. McMahon said that it has been a benefit to clean vehicles out of the elements and they don’t want to take it away at this time.

Valerie Dodd, 554 Barnett Place, asked what consideration was given for the neighbors when the carport was constructed. Mr. McMahon said that at the time it was put up they were dealing with keeping vehicles clean and sanitized and didn’t think that the structure was doing a disservice to the neighbors. Ms. Dodds asked if they were aware the light was shining into the neighbors’ yards. Mr. McMahon said they would consider enclosing the structure.

Matthew Fynn was sworn and his credentials as a professional planner accepted.

Mr. Flynn described the lot as a thru-lot and described the zoning. Mr. Flynn testified that there is a substantial separation between the carport and the rear of the property. Mr. Flynn testified that this is an expansion of a non-conforming use. Mr. Flynn identified the positive and negative criteria, stating that what is proposed does not create any substantial detriment as there will be no increase in activity or traffic and parking complies. Mr. Flynn identified the ‘c’ variance in regards to the setback from the main building.

Board members asked about the distance from the principal structure to the carport, which is 5 feet.

Mr. Whitaker said that the testimony that the use is less intense than what the zone permits refers to permitted uses and asked if an enclosed area versus an open area next to residents is better. Mr. Flynn said that the carport is better for vehicle circulation. Mr. Whitaker asked about the noise caused by an open structure and asked if Mr. Flynn investigated if the work being done is allowed to be conducted outside.

Board members asked why they couldn’t concentrate the work being done in the same location without a carport. Mr. Flynn said the carport provides protection for the employees.

Public questions:

Valerie Dodd, 554 Barnett Place, asked when the photo was taken.

Public comments:

Lou LoGrasso, 548 Barnett Place, was sworn and said the carport creates a nuisance to the neighborhood. Mr. LoGrasso distributed photos, marked as Exhibit O-1, which show that at times the lights are left on and the side of his house is illuminated.

Valerie Dodd shared a photo, marked as Exhibit O-2, showing the view of the car port from her property.

Mr. Anderson recalled Mr. McMahon, to address the comments regarding the issues of light and noise. Mr. McMahon said they could put the lighting on a timer and the visibility of the carport could be mitigated.

Mr. Anderson recalled Mr. Flynn. Mr. Whitaker asked if the applicant was aware that the use of cleaning cars outside of the building is not permitted and requires an additional use variance.

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

WOJTEK & BARBARA AUERBACH – An application to permit a koi pond and walkway which would result in coverage by improvements of 43.43% 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.

Stephen Sinisi, Esq., entered his appearance and made opening remarks.

Dan Muller was sworn and his credentials as a landscape architect accepted. Mr. Muller testified as to the project design and installation of a koi pond, waterfall and walkway. Mr. Muller testified regarding the drawings and the scope of the project.

Mr. Whitaker confirmed that what was proposed would be natural other than the liner.

Board members asked how deep the pond would be and if it would require a fence. Mr. Muller said it would be 24 inches deep and does not require a fence.

There were no questions from the public.

Brigette Bogart was sworn and her credentials as a professional planner accepted. Ms. Bogart identified the variance being requested and described the property. Ms. Bogart testified regarding the positive criteria, stating that although a variance for coverage by improvements is required, the pond would create drainage area and the coverage is primarily natural materials.

Board members asked about the large paved area behind the home. Ms. Bogart said it was the driveway and a k-turn area. Board members asked if there was any plan to remove any impervious coverage. Ms. Bogart said there was not.

Following discussion with the Board regarding the amount of impervious coverage on the property, Mr. Sinisi asked if converting some of the driveway area to pervious asphalt would be acceptable. Board members said they would like to see the impervious coverage reduced to 40%, but not by using pervious asphalt.

The hearing was carried to January 24, 2023 without further notice.

Mr. Brown announced that the Pollard, 679 Ellington Road, hearing was carried to December 13, 2022 without further notice.

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.

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

Michael and Kerry DeVincenzo, homeowners, were sworn.

Mr. Schlicht testified regarding the existing conditions on the property, the deficient lot size, and the fact that the existing house is set back on the property, creating a minimal rear yard. Mr. Schlicht stated that the existing coverage by above grade structures includes the front porch. Mr. Schlicht described the proposed floor plans and identified the variances being requested.

Board members asked if the porch would remain open, Mr. Schlicht said it would. Board members asked what was currently in the rear yard and the width of the driveway.

Public questions:

Kim Ford, 275 Highland Avenue, asked about the current side elevation and how much closer the 2^nd floor will be to the property line. Mr. Schlicht said the 2^nd floor would be 18 inches closer. Ms. Ford asked about the scope of the addition compared to what exists. Mr. Schlicht said the ridge would be 4 feet higher.

Public comment:

Ken Ford, 275 Highland Avenue, was sworn and stated that he currently looks down into the property, which sits far back on the lot, and that he has built a retaining wall and planted trees and now the house will be closer to his property and the noise from the back yard has no place to go. Mr. Ford stated that he is strongly against the application.

Mr. Schlicht corrected Mr. Ford in regards to the proposed rear yard setback and commented that the topography is significant and the conditions are difficult for both properties.

Board members asked if it would be possible to pull the 2^nd story in. Mr. Schlicht said it was possible.

Kim Ford, 275 Highland Avenue, was sworn and stated that what is proposed would negatively impact the property value of her home.

The hearing was carried to January 24, 2023 without further notice.

MARIO MAGGIA & AZAHARA MARTINEZ – An application to permit an addition which would result in a front yard setback of 30 feet 8 inches where 40 feet is required at 573 Barnett Place, Block 2905, Lot 38, in an R-2 Zone.

Charles Rabolli, Esq., entered his appearance and made opening remarks.

Mario Maggia, homeowner, was sworn. Mr. Maggia testified regarding the plans for the home, which he had received permits to renovate. The footprint of the home will not change. Mr. Maggia stated that during the renovation it was discovered that the front part of the home was on cinderblocks. The section was removed and now a variance is needed to replace, as it is within the front yard setback. Mr. Maggia testified that he is not increasing the footprint.

Board members asked about the garage which is in disrepair. Mr. Maggia said he will be residing it to match the house. Board members asked if the applicant would need a variance if he had built behind the existing structure. Mr. Whitaker said he would not have needed a variance to renovate that portion of the house if it had not been removed.

Board members asked about the back steps, which were not included on the drawing or added to the coverage by above grade structures. The additional coverage would be over the 20% permitted.

The hearing was carried to December 13, 2022, without further notice.

Resolution Memorialization: The following resolutions were memorialized:

-        Ohrel, 444 Eastgate Road

-        Colletta, 77 Fairmount Road

-        Uhrich, 315 Kensington Drive

The meeting was adjourned at 11:04 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           January 10, 2023

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

March 9, 2021

Opening:

The virtual public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:34 p.m.

Present: Sergio Alegre, Greg Brown, Gary Negrycz, Diana Ruhl, Isaac Lebow, Jonathan Papietro, Matthew Bandelt and Daniel Perlman. Also present were Bruce Whitaker, Board Attorney; and Jane Wondergem, Board Secretary.

Absent: Michael Pickholz

Approval of Minutes: The minutes from February 9, 2021 and February 23, 2021 were adopted.

Non-agenda items:

Members of the public comments: There were no comments at this time.

Board member comments: There was Board discussion regarding the issue of having in-person meetings. Mr. Whitaker stated that even when meetings are held in-person there must be accommodations for virtual meetings for those who request that. The Board agreed that the virtual meetings should continue until there is guidance from the Village in regards to in-person meetings.

Public Hearings:

Old Business:

Chairman Alegre announced that the James Tripp, 33 Bryden Place, application was carried to March 23, 2021, without further notice.

STEFAN & SARAH KAHANDALIYANAGE – An application to permit the construction of a two-story rear addition and new above grade patio which would result in a side yard setback of 5.6 feet, where 10 feet is required; coverage by above-grade structures of 26.2%, and coverage by above grade structures within 140 feet of the front lot line of 25.5%, where 25% is permitted at 109 Hope Street, Block 4002, Lot 25, in an R-3 Zone. (Continued from February 9, 2021 without further notice) Stefan and Sarah Kahandaliyanage were previously sworn and present.

John Musinski, architect, was previously sworn and testified as to the revisions made to plan since the previous meeting. Mr. Musinski stated that 2 variances were eliminated, the patio reduced and the building height reduced, which eliminated gross building area in the attic. The addition was minimized as well.

Board members asked about the hardship, Mr. Musinski explained that it is an undersized lot and the house is situated against the side yard setback limit.

There were no questions from the public.

The following members from the public were sworn and spoke in support of the application: Patricia Ullrich, 105 Hope Street

Thomas Perrone, 108 Hope Street

Denise DeAngelis, 117 Hope Street

Matthew Nielsen, 113 Hope Street

Juan Urbaez, 100 Hope Street

The hearing was closed. Following Board deliberation, Ms. Ruhl made a motion to approve, Mr. Lebow seconded, and the application was approved with six yes votes and one vote against.

New Business:

ALEXANDER BLAKE – An application to permit the construction of a second story addition which would result in a front yard setback of 29.3 feet, where 40 feet is required; and a rear yard setback of 20.1 feet, where 30 feet is required at 259 West Glen Avenue, Block 1608, Lot 32, in an R-2 Zone.

Alexander Blake, homeowner, was sworn.

Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Mr. Rosenberg testified as to the existing conditions on the property and how it is situated at a busy intersection. Mr. Rosenberg explained that the applicants propose to add a level to the home without expanding the footprint. The variances being requested are setback variances, due to the existing location of the home, and there are no bulk variances proposed.

Board members asked about the height of the house. Mr. Rosenberg displayed a survey showing the average grade calculations and how the height of 29.6 feet was determined.

There were no questions from the public.

Ying Ding, 419 N. Monroe Street, spoke in support of the application.

Mr. Rosenberg summarized, stating that Mr. Blake planted arborvitaes along the West Glen Avenue and along the property line last year.

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

Discussion: 525 North Maple Avenue (Block 2904, Lot 16) – alternate layouts for second dwelling unit. Dr. Mouravieff, 525 North Maple Avenue, was present. Robert Inglima, Esq., was present via phone. Mr. Inglima explained that they had submitted two alternate floor plans for the second dwelling unit which was previously approved by the Board. There was Board discussion, and the Board agreed that as long as the area of the unit remained the same as was approved and there was no entry to the main dwelling unit from the second unit, they would not need to come back to the Board. Dr. Mouravieff agreed that there would be no connection to the main residence.

JOHN & MEREDITH SULLIVAN – An application to permit the construction of a two story addition with a side and front porch which would result in a front yard setback of 40.5 feet to the porch, and 37.5 feet to the steps, where 45 feet is required; total coverage by above grade structures of 23.6%, where 20% is permitted; and coverage by above grade structures within 140 feet of the front lot line of 24.6%, where 20% is required at 409 Colonial Road, Block 3605, Lot 21, in an R-2 Zone. Ms. Ruhl and Mr. Lebow recused themselves from this application and left the meeting.

John and Meredith Sullivan, homeowners, were sworn and Mr. Sullivan made opening comments.

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht described the existing conditions on the property and the existing floor plan. Mr. Schlicht testified as to the proposed expansion and the proposed floor plan, explaining that the addition itself does not need any variances, but the proposed porches create the variances. Mr. Schlicht explained the coverage variances, explaining that the front porch is a traditional Ridgewood element, and showed pictures of houses in the area with front porches.

Board members asked about the hardship, as the lot is conforming. Board members asked if the depth of the front porch is necessary and if the applicant could reduce the rear porch.

There were no questions from the public.

The hearing was carried to March 23, 2021, without further notice.

Resolution memorialization: The following resolutions were memorialized: .

- Pacelli, 435 Berkshire Road

- Lowery, 125 Doremus Avenue

- Rosenholz, 450 Summit Street

- Karg/DeAngelis, 329 Cantrell Road

The meeting was adjourned at 9:30 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved: March 23, 2021

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

January 26, 2021

Opening:

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

Present:  Sergio Alegre, Greg Brown, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Isaac Lebow and Matthew Bandelt. Also present were Bruce Whitaker, Board Attorney, and Jane Wondergem, Board Secretary. 

Absent:      Daniel Perlman and Michael Pickholz

The minutes from January 12, 2021 were adopted.

Non-agenda items:

Members of the public comments: There were no comments at this time. 

Board member comments: There were no comments at this time.

Public Hearings:

Chairman Alegre announced that the Nnaemeka and Moryka Anadu, 155 Highland Avenue, application was carried to February 23, 2021, without further notice.

Chairman Alegre announced that the James Tripp, 33 Bryden Place, application was carried to February 9, 2021, without further notice.

Old Business:

JOSHUA & KAITLIN FERN – An application to permit the construction a one-story addition over the existing driveway which will result in coverage by above-grade structures within 140 feet of the front lot line of 25.3%, where 20% is permitted; coverage by improvements of 47.4%/5,929 sq. ft., where 45%/5,600 sq. ft. is permitted; coverage by improvements within 140 feet of the front lot line of 52.6%/4,568 sq. ft. where 45%/3,907 sq. ft. is permitted at 133 Kenilworth Road, Block 4203, Lot 18, in an R-2 Zone. (Continued from October 27, 2020 and carried from November 24, 2020, without further notice)

David Rutherford, Esq., was present on behalf of the applicants, and briefly summarized the prior meetings, explaining the results of the OPRA requests regarding prior permits for the property. Mr. Rutherford said he spoke with the Assistant Zoning Officer in regards to the trellis being included in the calculation for above grade structures. Mr. Rutherford stated that the proposed fence was reduced to a height of 4 feet.

Jordan Rosenberg, architect, was previously sworn and testified as to the plans, revised to 01-03-21. Mr. Rosenberg explained the calculations for the remaining variances and how they were reduced.

Board members clarified that the coverage calculations either remained the same or were reduced. Board members asked about the second floor of the garage, which Mr. Rosenberg stated was for storage only and was not finished or heated. Board members asked if the second floor was included in the accessory structure gross building area calculation. Mr. Rosenberg said it was not, but he would modify the calculations to include the additional gross building area.

There were no questions or comments from the public.

Mr. Rutherford made closing remarks and the hearing was closed.

Following Board deliberation, Ms. Ruhl made a motion to approve the application with the condition that the applicant get a deed restriction that the second floor of the garage shall never be used as a living area. Mr. Lebow seconded, and the application was approved.

JASON MARTINEZ & ERICA LERMOND – An application to permit the construction of a retaining wall which exceeds the permitted height and propose to replace and widen the existing driveway to 22.25 feet, where 20 feet is permitted at 110 Sheridan Terrace, Block 2106, Lot 8 in an R-110 Zone. (Continued from November 24, 2020, without further notice) Ms. Ruhl recused herself from this hearing.

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified as to the updated survey and drawings submitted. Mr. Schlicht described the property as being deficient in area. Mr. Schlicht stated that the proposed improvements would not be over in coverage by above grade structures or in coverage by improvements. The proposed driveway would have a curb cut of 20 feet, which is permitted, and then would expand to 22.25 feet for 40 feet.

Mr. Schlicht testified as to the retaining wall on the property, stating that the setbacks are not equal to the height of wall. Erica Lermond, previously sworn, testified as to the grading of the yard to mitigate drainage. Ms. Lermond stated that the wall had already been built and that an Engineering Department employee observed it and explained they needed to get permits. Mr. Schlicht stated that the topography of the property is the reason for the wall and that the neighbor has a 6-foot wall and arborvitae and do not see the wall.

Board members asked about the height of the wall. Mr. Schlicht said that the top of the wall is consistent, but due to the topography of the property, the wall exceeds 4 feet in some locations. Board members noted that if the applicant decides they need a fence that the fence would need to be setback 4 feet from the wall.

There were no questions or comments from the public.

Roger Schlicht made closing remarks.

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

ROBERT & JENNIFER DELCALZO – An application to permit the construction of a 1st floor addition; 2nd floor addition and new covered open front porch which will result in a front yard setback of 34 feet to the porch, and 39.2 feet to the house, where 40 feet is required; combined side yard setback of 22.8 feet, where 24.3 feet is required; coverage by above-grade structures of 22.3%, where 20% is permitted and gross building area of 37.9%/3,181 square feet, where 35%/2,856 square feet is permitted at 645 Doris Place, Block 4304, Lot 12, in an R-2 Zone. (Continued from November 24, 2020, without further notice). Ms. Ruhl recused herself from this application.

Douglas Standriff, Esq., was present on behalf of the applicant. Roger Schlicht, architect was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified regarding the plans submitted, revised to 01-12-21, and described the revisions and the reductions made. Mr. Schlicht stated that the depth of the porch was decreased and the front yard setback to the garage is now in compliance. Mr. Schlicht testified as to the floor plans and described the reductions made. Mr. Schlicht explained that if the garage was not attached, the house would be in compliance, but there is no other practical location for the garage. Mr. Schlicht explained the hardship as the lot is deficient in depth and width and the existing location of the house.

Robert Delcalzo, homeowner, was sworn and testified as to the table he submitted to the Board showing the square footage of neighboring homes within 250 feet of his property.

Board members asked for clarification of the calculations.

There were no questions or comments from the public.

Mr. Schlicht made closing remarks.

Following Board deliberation Mr. Bandelt made a motion to approve, Mr. Brown seconded. The motion failed with 3 votes yes and 3 votes against and the application was denied.

Ms. Ruhl returned to the meeting.

SUSAN EVANS - An application to permit the construction of a one story addition, modified porch, and modified patio, which would result in coverage by improvements within 140 feet of the front lot line of 5,778 square feet, where 5,600 square feet is permitted at 451 Stevens Avenue, Block 4401, Lot 40 in an R-2 Zone. (Continued from December 8, 2020, without further notice).

Xiomara Paredes, architect, was previously sworn and testified as to the comments from the Board at the previous meeting and the plans, revised to 01/11/2021. Ms. Paredes explained the revisions and reductions made to reduce the patio area and to eliminate the variance for side yard setback to the patio. Ms. Paredes described the reductions in walkways and the proposed vegetation by the patio area, stating that there would be no negative impact to the neighbors.

Board members asked about the hardship. Ms. Paredes explained that there is no hardship, but that they are improving the property and updating the landscape and the hardscape. Board members asked how it was a public benefit. Ms. Evans, homeowner, explained that the patio would be more of a walk-thru to access the garbage area and allow egress from the deck.

There were no questions or comments from the public.

Ms. Paredes made closing comments.

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

Discussion: There was Board discussion regarding how Board members conduct themselves during meetings and how to move meetings along in a more efficient way.

The meeting was adjourned at 10:27 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved: February 9, 2021