20210223 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

February 23, 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, Diana Ruhl, Jonathan Papietro, Matthew Bandelt, Daniel Perlman and Michael Pickholz. Also present were Bruce Whitaker, Board Attorney; and Jane Wondergem, Board Secretary. 

 

Absent:      Gary Negrycz, Isaac Lebow

 

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.

 

Resolution memorialization:          The following resolution was memorialized:

-       Delcalzo, 645 Doris Place

 

Public Hearings:

 

Chairman Alegre announced that the Nnaemeka and Moryka Anadu, 155 Highland Avenue, application was carried to March 23, 2021, without further notice, and the James Tripp, 33 Bryden Place, application was carried to March 9, 2021, without further notice.

 

New Business:

 

ANTHONY & EMILY DePASCALE – An application to permit the construction of side steps which will result in a side yard of 13 feet, where 15 feet is required, and aggregate side yards of 30.3 feet, where 34.5 feet is required; and for the construction of a one story addition which would result in total coverage by above grade structure of 22.4% where 20% is permitted; and for the construction of a second story addition which would result in gross building area of 30.2% where 29% is permitted at 566 Highland Avenue, Block 2809, Lot 4, in an R-110 Zone.  Ms. Ruhl recused herself from this application.

 

Anthony and Emily DePascale, homeowners, were sworn.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified as to the existing conditions on the property and the proposal to remove the existing patio and deck and construct a one story and second story addition and side steps. Mr. Schlicht described the setback variances being requested stating that the lot is undersized and irregularly shaped. Mr. Schlicht described the coverage by above grade structure variance as being minimal and due to the lot being 25% deficient in area.

 

Board members asked if there had been any prior variances granted on the property, due to the existing non-conformities. There was no prior Board action. Board members asked about the necessity of the large rooms. Mr. Schlicht stated that there needs to be a balance of adding the needed space and the aesthetics of the exterior. Board members asked if there were any other options looked at to eliminate variances. Mr. Schlicht stated that the existing coverage is over and the lot has hardships, anything they proposed will need variances.

 

There were no questions from the public.

Public comment: Dennis and Linda Tarzian, 576 Highland Avenue, were sworn and described the history of the property and supported the application.

 

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

 

Following Board deliberation, Mr. Papietro made a motion to deny the application, Mr. Pickholz seconded, and the application was denied with three yes votes and three votes against.

 

Ms. Ruhl rejoined the meeting.

 

JENNIFER DeANGELIS – An application to permit the installation of an in-ground pool and patio, which would result in a front yard setback to the patio of 28 feet, and to the pool of 37 feet, where any patio and pool shall be prohibited in the front yard, and shall be located from the front lot line a distance not less than 50 feet at 329 Cantrell Road, Block 2506, Lot 6, in an R-125 Zone.

 

Philip Karg, homeowner, was sworn.

 

David Egarian was sworn and his credentials as a licensed professional engineer accepted. Mr. Egarian testified as to the installation of and in ground pool and patio on an undersized corner lot. Mr. Egarian stated that this is the only place on the property that the pool could be situated. Mr. Egarian said the only variance being proposed is the front yard setback distance from Mountain Avenue as they had removed previously proposed impervious features to eliminate a coverage variance. Mr. Egarian stated that there is a substantive vegetation screen between Mountain Avenue and the yard which will make the pool barely visible from the street.

 

Board members asked about the distance between the pool and the garage, which is 7.5 feet. Board members asked that maintenance of the vegetation along Mountain Avenue be a condition of approval. Mr. Karg agreed to that condition. Mr. Whitaker asked if there were any structures proposed on the patio and the applicant said there were not.

 

There were no questions or comments from the public.

 

Mr. Egarian made closing comments and a summary and the hearing was closed.

 

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

 

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

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:       March 9, 2021

 

 

 

 

 

 

 

 

 

 

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20210321 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

March 23, 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, Isaac Lebow, Jonathan Papietro, Matthew Bandelt and Michael Pickholz. Also present were Bruce Whitaker, Board Attorney; and Jane Wondergem, Board Secretary. 

 

Absent:      Daniel Perlman

 

Approval of Minutes: The minutes from March 9, 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:

 

Old Business:

 

Chairman Alegre announced that the James Tripp, 33 Bryden Place, application was carried to April 27, 2021, without further notice.

 

NNAEMEKA & MORYKA ANADU – An application to permit the construction of two window dormer additions to the attic which will result in a building height of 39 feet, where 30 feet is permitted; a front yard setback of 35.2 feet, where 40 feet is required; a side yard setback of 8.2 feet, where 26 feet is required; and gross building area of 38.5%/4,347 square feet, where 32%/3,616.3 square feet is permitted at 155 Highland Avenue, Block 2503, Lot 18, in an R-1 Zone. (Continued from September 29, 2020; Carried from March 9, 2021 without further notice). Chairman Alegre recused himself from this hearing.

 

James Stevens, Esq., entered his appearance on behalf of the applicant. Emeka Anadu, homeowner, and Cathy Benson, architect, were previously sworn. There was discussion in regards to the 1983 survey, the 2015 survey and the 2020 survey.

 

Board members asked about the hardship. Mr. Stevens commented on the slope of the property and the unusable space. The basement space, due to the slope of the property, is added into the gross building area. Ms. Benson explained that they were not adding livable space, the dormer in the rear is for storage area.

 

There were no questions or comments from the public.

 

Following discussion, Mr. Brown made a motion that due to an error with in the 1983 survey, the existing side yard setback of 8.2 feet is a preexisting nonconforming condition, Mr. Bandelt seconded, and all eligible members voted yes.

 

Following Board deliberation, during which the Board asked the applicant if he would accept the Board’s decision to permit the front dormers only, based on a c(2) variance. Mr. Anadu accepted that condition. Mr. Bandelt made a motion that the front dormers only would be permitted, Mr. Negrycz seconded. The application was approved.

 

Chairman Alegre returned to the meeting.

 

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 42.5 feet to the porch, and 39.5 feet to the steps, where 45 feet is required; total coverage by above grade structures of 21.9%, where 20% is permitted; and coverage by above grade structures within 140 feet of the front lot line of 22.8%, where 20% is required at 409 Colonial Road, Block 3605, Lot 21, in an R-2 Zone.  (Continued from March 9, 2021, without further notice) Mr. Lebow and Ms. Ruhl recused themselves from this application.

 

John and Meredith Sullivan, homeowners, and Roger Schlicht, architect, were previously sworn. Mr. Schlicht testified as to the revision and reductions made, as per the plans revised to 3/12/21. The depth of the front porch, and the width of the steps, were reduced. The width of the side stairs was reduced and the landing was removed. The raised rear porch was eliminated and replaced with a covered patio. Mr. Schlicht described the elevations.

 

Board members asked if it would be possible to stay within the 20% lot coverage. Mr. Schlicht stated that if the front porch was reduced further it would not be functional and that the symmetry of the porch going across the whole front of the house looks better from the street, stating that there is a balance between architectural benefit and variance request.

 

There were no questions from the public.

Public comment:

Todd Johnson, 410 Colonial Road, was sworn and supported the application.

Rick Phelps, 403 Colonial Road, was sworn and supported the application.

Phil Carroll, 391 Colonial Road, was sworn and supported the application.

Ellen McKenna, 416 Colonial Road, was sworn and supported the application.

 

Mr. Schlicht made closing comments. Mr. Sullivan made closing remarks.

 

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

 

New Business:

 

Chairman Alegre announced that the JOHN & DANIELLE KONZELMANN, 126 Sunset Avenue, application would be carried to April 13, 2021, without further notice.

 

Mr. Lebow and Ms. Ruhl returned to the meeting.

 

DANIEL & MARGARITA KATZEVICH – An application to permit the construction of a 2 ½ story addition, front porch and rear deck which would result in a front yard setback of 7.5 feet to the porch, where 40 feet is required at 244 Ackerman Avenue, Block 2313, Lot 4, in the R-2 Zone.

 

Steven Schepis, Esq., entered his appearance on behalf of the applicant and made opening remarks.

 

Nicholas Graviano was sworn and his credentials as a professional planner and designer accepted. Mr. Graviano described the lot and the location of the house, showing photos of the existing conditions on the property. Mr. Graviano showed how the front yard setback of the house, with the proposed front porch, is in line with the neighboring houses. Mr. Graviano explained that they proposed to demolish the existing garage and build a new garage in a conforming location in the rear of the yard. Mr. Graviano testified regarding the plans submitted to the Board, explaining that the right of way extends past the sidewalk. Mr. Graviano testified that the c(1) variance, due to the placement of the house, would not impact the neighbors as they have a similar setback. Mr. Graviano testified that the front porch would remain open.

 

Board members asked if the existing trees would be removed. Mr. Graviano showed photos and explained that the trees would need to be removed as they are very close to the house. Mr. Katzevich stated he would plant new trees and additional landscaping. Board members asked about the existing and proposed distance between the corner of the house and the sidewalk. Board members had concerns about the mass of the house so close to the street and had questions about the pitch of the roof.

 

Public questions: Jack Sharkey, 219 Doremus Avenue, asked about the proposed width of the house compared to what exists.

 

Mr. Schepis said the applicant would like to modify the plans. The hearing was carried to April 27, 2021, without further notice.

 

Resolution memorialization:         The following resolutions were memorialized:

-       Resolution authorizing contract with McDonnell & Whitaker, LLC    

-       Blake, 259 West Glen Avenue

-       Kahandaliyanage, 109 Hope Street

 

The meeting was adjourned at 10:36 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:         March 23, 2021

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20221108 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 8, 2022

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:50 p.m.

 

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Isaac Lebow, Jonathan Papietro, Michael Pickholz and Jason Curreri. Also present were Bruce Whitaker, Esq., Board Attorney, and Jane Wondergem, Board Secretary.

 

Absent:            Harold Maxwell

 

The minutes from October 25, 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:

The DiTommaso, 246 Mountain Avenue, application was withdrawn.

 

The Kaptain, 645 Hillcrest Avenue, application was carried to December 13, 2022, without further notice.

 

The ELRAC, LLC/Enterprise Rent-a-Car, 545 N. Maple Avenue, application was carried to November 29, 2022 without further notice.

 

Old Business:

 

CHARLES OHREL - An application to permit the construction of a one story addition which will result in a coverage by above grade structures within 140 feet of the front lot line of 24.2%, where 20% is the maximum permitted; coverage by improvements within 140 feet of the front lot line of 41.4%, where 40% is the maximum permitted; and gross building area within 140 feet of the front lot line of 31.8%, where 29% is the maximum permitted at 444 Eastgate Road, Block 4908, Lot 9, in an R-1 Zone. (Continued from June 14, 2022; Carried from September 13, 2022 without further notice)

 

Darryl Siss, Esq., entered his appearance and made opening remarks, briefly describing the revisions made as per the plans, revised to 9/16/22.

 

Charles Ohrel, homeowner, was sworn and testified as to his plans to update and increase the space in the home for himself and his mother.

 

Edward A. Easse was sworn and his credentials as a professional planner and licensed architect accepted. Mr. Easse described the revisions and distributed a zoning map showing photos of homes in the neighborhood, and testified how this home would fit in the neighborhood. Mr. Easse testified that no trees would be cut down and there would be no effect on vegetation. The home would be two stories on the left side only and they are building over the existing footprint, they are reducing the impervious coverage.

 

Board members asked how the impervious coverage was being decreased. Mr. Easse said the existing screened porch would be removed. Board members asked about hardship. Mr. Siss said they are looking for a c(2) variance and there is no substantial detriment, they are not increasing the footprint and are decreasing the impervious coverage. Mr. Siss stated that there is no basement. There is also the issue that the house is an existing structure in its current location. Board members asked what the dwelling would look like if they kept the gross building area at 29%. Board members asked about the variance for coverage by improvements and how that could be reduced. Mr. Siss explained that the garage is larger as there is no basement.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Pickholz made a motion to approve, Ms. Ruhl seconded and the application was approved with two members voting against.

 

CHRIS & LYDIA UHRICH – An application to permit the construction of one story and second story additions which would result in a front yard setback of 36 feet to the portico roof, where 40 feet is required; total coverage by above-grade structures of 22.3%, where 20% is permitted; and total gross building area of 41.1%, where 35% is permitted at 315 Kensington Place, Block 2908, Lot 32, in an R-2 Zone. (Continued from July 26, 2022, Carried from October 11, 2022 without further notice)

 

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

 

Mr. Schlicht testified regarding the revised drawings he prepared, describing the setbacks and the floor plans. Mr. Schlicht testified that the existing garage is not compliant and the proposed garage will be. Mr. Schlicht showed the elevations and identified the variances being sought, stating that it is a c(1)(a) hardship due to the existing location of the dwelling and the undersized lot.

 

Mr. Schlicht distributed google photos of the houses in the neighborhood to make a streetscape comparison, and an aerial photo to show that with the proposed addition this home would still be one of the smaller ones in the neighborhood.

 

Board members asked if there would be any variances if the lot was conforming. Mr. Schlicht said there would not be.

 

There were no questions or comments from the public.

 

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

 

New Business:

 

STEVEN & FIONA COLLETTA – An application to permit the construction of a two story addition which would result in a front yard setback, on Heights Road, of 33.9 feet where 40 feet is required; and gross building area of 4661 square feet where 4620 square feet is permitted at 77 Fairmount Road, Block 1602, Lot 4, in an R-110 Zone. (Carried from September 27, 2022 without further notice)

 

Jim Delia, Esq., entered his appearance and made opening remarks. Mr. Delia requested that a neighbor be able to testify at this point as she needed to leave.

 

Deirdre Scali, 599 Heights Road, spoke in support of the application.

 

Peter Cooper was sworn and his credentials as a licensed architect accepted. Mr. Cooper testified regarding the drawings he prepared stating that the applicant was updating and renovating the home, maintaining the arts and craft style. The application was reviewed by the Historical Preservation Commission and their report stated that they recommend approval of the application.

 

Mr. Cooper went over the zoning table and distributed photos of the existing conditions of the home, marked as Exhibit A-1. Mr. Cooper identified the gross building area variance for within 175 feet of the front lot line, due to the shape of the lot and that it is a corner lot.

 

Board members asked about the elevations and the different heights of the roof line. Mr. Cooper said it couldn’t be different and that it would not look that way when it was completed. Board members asked if they would stipulate that the porches would never be enclosed. Board members asked about the vegetative screening.

 

There were no questions or comments from the public.

 

Following Board deliberation Mr. Lebow 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 square feet where 7.5%/588 square feet is permitted at 564 Cliff Street, Block 1509, Lot 9, in an R-2 Zone.

 

Rocco Orlando was sworn and his credentials as a licensed architect accepted.

 

Hans Chou, homeowner, was sworn.

 

Mr. Orlando distributed an elevation chart to show how the height of the proposed garage was determined. Mr. Orlando testified regarding the plans he prepared and regarding the existing garage which is to be demolished as it is structurally unsound. Mr. Orlando said that there would be no impact to the rear of the property as they back up to the railroad. The garage would be rebuilt at the proper setbacks to qualify for the height of 18 feet.

 

Mr. Chou testified that he has electric vehicles and would like to utilize the garage to charge them and to have a loft area above with the stairway inside.

 

Mr. Orlando testified that the variance for gross building area of an accessory structure is due to the undersized width of the lot.

 

Board members asked about the width of the driveway, Mr. Orlando says no variance needed for that, as it is wider only at the entrance to the garage. Board members asked about the purpose of the loft area, Mr. Chou said it would be used as storage and a playroom. There would be no plumbing in the garage. Board members asked if the variance would be needed if the lot width was compliant. Mr. Orlando said it would still be over.

 

Board members were concerned about the size of the garage in respect to the lot and suggested that one charging station could be outside the garage.

 

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

 

Resolution memorialization:   The following resolutions were memorialized:

  • Kush, 185 Katherine Road
  • McKenna, 279 West End Avenue

 

The meeting was at 10:26 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: November 29, 2022

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20221025 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

October 25, 2022

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:44 p.m.

 

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

 

Absent:            Isaac Lebow and Michael Pickholz

 

The minutes from October 11, 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

 

The Outfront Media, LLC, 500 Route 17 South, application was carried to December 13, 2022 without further notice.

 

The John Mahoney/Sign Art Graphix, 235 E. Ridgewood Avenue application was carried to November 22, 2022 without further notice.

 

New Business:

 

PETER & JACLYN McKENNA -  An application to permit the construction of an addition which would result in total gross building area of 21.5% where 20% is the maximum permitted and total gross building area, within the first 140 feet, of 23.36%/5,722 sf where 24%/5,000 sf is the maximum permitted at 279 West End Avenue, Block 2609, Lot 14.02, in an R-1 Zone.

 

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

 

Peter McKenna, homeowner, was sworn and testified that they owned the property since October of 2020 and the home needed work. Mr. McKenna testified regarding the photos of the existing conditions at the property, which were marked as Exhibit A-1.

 

Board members asked if the trees would be cut down. Mr. McKenna stated it was a possibility.

 

Kevin Spink was sworn and his credentials as a licensed architect accepted. Mr. Spink testified as to the plans he prepared, which were marked as Exhibit A-2. Mr. Spink testified regarding the existing conditions and the floor plans, comparing the existing elevations and floor plans with the proposed elevations and floor plans. Mr. Spink stated that the impervious coverage will be reduced by removing the pavement to the existing garage. Mr. Spink stated that one of the trees will need to be removed. Mr. Spink went over the variances being requested and the proposed gross building area calculations, comparing the existing with the proposed. Mr. Spink testified that what is proposed is an improvement to the neighborhood and for the movement of cars in and out of the driveway.

 

Mr. Whitaker confirmed the improvement coverage calculations. Board members asked about the square footage of the attic and the garage. Mr. Spink said he would correct the gross building area calculations, which will increase the variance being requested. Board members asked about the balcony and if it could ever be built on. The architect said it could be but it would be difficult.

 

Questions from the public:

 

Ralph Daloisio, 301 West End Avenue, asked how much closer the proposed addition would be to his property than what exists. Mr. Spink said it would be 8’4” closer to his home. Mr. Daloisio was concerned about drainage as it is currently an issue on his property. Mr. Spink said the drainage would be improved due to the elimination of existing pavement on the applicant’s property and an additional seepage pit would be required.

 

Public comment:

 

Graham Conklin, 265 West End Avenue, gave a history of the property and was in support of the application. Mr. Conklin commented that the landscaping being proposed on the property would be an improvement.

 

Julie Kantrowitz, 126 S Hill Road, spoke in support of the application, stating that the McKenna’s are her clients.

 

Ralph Daloisio, 301 West End Avenue, commented that the existing tree can pose a danger to his property and it may be a good thing to remove it.

 

Mr. Weiss made closing remarks, stating the positive and negative criteria, and citing the irregular shape of the property.

 

Board members asked if the applicant would stipulate that the porches would never be enclosed and would submit revised plans showing the correct gross building area and the landscape plan.

 

Following Board deliberation, Mr. Bandelt made a motion to approve, with the conditions discussed, Ms. Ruhl seconded, and the application was approved with one Board member voting against.

 

LINDSAY KUSH – An application to permit the construction of a second story addition which would maintain a side yard setback of 7.21 feet where 10 feet is the minimum required, total coverage by above grade structures, within the first 140 feet, of 22.34% where 20% is the maximum permitted; and total coverage by improvement, within the first 140 feet, of 47.76% where 45% is the maximum permitted; and an air conditioning unit which would result in a side yard of ±6 feet where 10 feet is required at 185 Katherine Road, Block 2302, Lot 4, in an R-2 Zone.

 

Jeffrey Gasnick was sworn and his credentials as a licensed architect accepted. Mr. Gasnick explained that the existing Cape Cod style home was being converted to a 2 ½ story Colonial style home. Mr. Gasnick identified the variances being requested and the c (1) hardship, as the irregular shape of the lot and the substandard lot area.

 

Mr. Gasnick testified as to the aerial photo showing the property. Mr. Gasnick stated that there is a storm drainage easement on the property and the neighboring property where nothing can be built. Mr. Gasnick stated that there is 20 square feet being added and referred to variance approval for coverage granted in 1993. Mr. Gasnick said that there is no detriment to the public and what is proposed will enhance the street scape.

 

Board members asked for clarification of the breakdown of the gross building area.

 

There were no questions from the public.

 

Public comment:

 

Todd Rothman, 197 Katherine Road, spoke in support of the application.

 

Following Board deliberation, Mr. Brown made a motion to approve, Mr. Bandelt seconded, and the application was approved with one Board member voting against.

 

 

Resolution memorialization:   The following resolutions were memorialized:

-        Barry, 525 Wyndemere Avenue

-        Mogavero, 113 Circle Avenue

-        Luddy, 527 W. Saddle River Road

-        Warren, 408 S. Pleasant Avenue

-        Shafran, 369 Ponfield Place

 

Discussion: Mr. Brown said that he and Ms. Ruhl met with Paola Perez, John Barree and Anthony Merlino to discuss issues that the Board has regarding driveways, basements and attics. Mr. Barree will work on changing the ordinance to clarify some of those issues.

 

The meeting was at 9:56 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           November 8, 2022

  • Hits: 544

20210209 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

February 9, 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, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Isaac Lebow, Matthew Bandelt, Daniel Perlman and Michael Pickholz. Also present were Bruce Whitaker, Board Attorney, and Paola Perez, Assistant Zoning Officer. 

 

Absent:      Greg Brown

 

The minutes from January 26, 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 James Tripp, 33 Bryden Place, application was carried to February 23, 2021, without further notice.

 

Old Business:

 

EDWARD AND RENATA PACELLI – An application to permit a covered porch which will result in a front yard setback of 34.4 feet, where 40 feet is required at 435 Berkshire Road, Block 4507, Lot 5, in an R-2 Zone. Mr. Negrycz recused himself from this application.

 

David Rutherford, Esq., entered his appearance and made opening remarks.

 

Edward Pacelli, homeowner, was sworn and described the changes to the neighborhood over the last several years and the benefit of the proposed covered porch. Mr. Pacelli displayed photos of homes in the neighborhood which have front porches, which was marked as Exhibit A-1. Board members asked if any of the houses shown needed a variance for the porch. Mr. Pacelli stated that he knew the house at 419 Berkshire Road needed a front yard setback variance and Mr. Rutherford described the variances requested from other porches in the area.

 

Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Mr. Rosenberg testified as to the plans he prepared and described the subject lot as being undersized. Mr. Rosenberg described the proposed covered open porch, explaining that it is not oversized and would not be usable if it were any smaller. Mr. Rosenberg stated that it would not be enclosed and described the specifics of the proposed variance.

 

Board members asked about the depth of the other lots in the neighborhood. Mr. Rutherford stated that according to the tax map they are all at about 100 feet deep.

 

There were no questions from the public.

 

Public comment:

 

Jessica DePinto, 419 Berkshire Road, was sworn and expressed her support of the application.

 

Jose Perez, 431 Berkshire Road, was sworn and spoke in support of the application.

 

Mr. Rutherford made closing comments.

 

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

 

Mr. Negrycz rejoined the meeting.

 

LEO & FIONA ROSENHOLZ – An application to permit the construction of a rear 2-story addition and left side 1-story addition which would result in a front yard setback on Wilson Street of 15.5 feet to the first floor addition and 35 feet to the second floor addition, where 45 feet is required at 450 Summit Street, Block 1510, Lot 5, in an R-2 Zone. Ms. Ruhl recused herself from this application.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Leo and Fiona Rosenholz, homeowners, were sworn.

 

Mr. Schlicht testified as to the plans he prepared for the proposed addition. Mr. Schlicht displayed photos of the property, showing the paper street between the subject property and the next door neighbor. Mr. Schlicht referred to a prior resolution which addressed Wilson Street as a paper street and explained that if that street was not recognized they wouldn’t need any variances. Mr. Whitaker explained that the street is owned by the Village and is shown on the tax map and needs to be recognized for all the setback criteria. Mr. Schlicht described the floor plan and that the rear addition is in the rear center of the house and would not exacerbate the setback. The one-story addition needs a variance as it is considered a front yard due to the paper street. Mr. Schlicht stated that the hardships were that it is a corner lot and the existing lawful structure is situated 15 feet from the paper street.

 

Mr. Whitaker clarified the calculations and the setbacks. There were no other questions from the Board.

 

Diane Kidwell, 42 Summit Street, asked if drainage issues would be addressed. Mr. Schlicht stated that they would put in a seepage pit and do what was required by the Engineering Department. Ms. Kidwell asked about the existing trees and plantings. Mr. Rosenholz stated that they would plant trees by the addition for screening and to help address drainage. Mr. Rosenholz stated that he would maintain any landscaping.

 

Diana Kidwell, 42 Summit Street, was sworn and said that her only concern is the water situation, but supported the application.

 

Mr. Schlicht made closing comments.

 

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

 

DAVID LOWERY – An application to permit the removal of the existing rear covered porch for access to proposed basement expansion, then re-build porch, which will result in a front yard setback on Lenox Avenue of 18.5 feet, where 45 feet is required; coverage by above grade structures of 25.4% and coverage by above grade structures within 140 feet of the front lot line of 25.3%, where 25% is permitted; setback to the ac units of 5.68 feet and 6.1 feet, where 10 feet is required at 125 Doremus Avenue, Block 2209, Lot 24, in an R-3 Zone. Ms. Ruhl is recused from this application.

 

David Lowery, homeowner, was sworn.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified as to the existing conditions on the property and explained that the homeowner wants to remove the preexisting nonconforming porch, expand the basement, and rebuild the porch in the same exact location. Mr. Schlicht explained the hardship as the lot being undersized and a corner lot. Mr. Schlicht testified as to the plans he prepared and showed photos he took of the property to show the existing porch.

 

Board members asked what would happen if they are not able to use the same materials. Mr. Schlicht stated that the materials used are readily available and the porch will be replaced as is. Board members asked about the existing landscaping. Mr. Lowery said they would landscape around the porch. Board members asked about a discrepancy in the architectural drawings as compared to the survey. Mr. Schlicht said they would provide an as built drawing.

 

Mr. Schlicht testified as to the placement of the 3 air conditioning units and showed a photo of the screened area of the existing unit, where there is room for 2 units. The setback of the units would be the same as was permitted by a previous variance. A new split unit is proposed which will need a side yard setback variance. The new unit will be screened.

 

Board members asked if there was any other location for the air conditioning unit. Mr. Schlicht showed that there was no other place for it.

 

Elaine Salazer, 121 Doremus Avenue, was concerned about the noise of the new unit. Mr. Lowery explained that he was using a mini-split system was due to the quietness of the unit.

 

There were no comments from the public.

 

Mr. Schlicht made closing comments.

 

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

 

Ms. Ruhl returned to the meeting.

 

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 building height of 33.9 feet, where 30 feet is permitted; a side yard setback of 5.6 feet, where 10 feet is required; coverage by above-grade structures of 27.3%, and coverage by above grade structures within 140 feet of the front lot line of 26.8%, where 25% is permitted; and gross building area within 140 feet of the front lot line of 38.4%/2,688 square feet, where 35%/2,447 square feet is permitted at 109 Hope Street, Block 4002, Lot 25, in an R-3 Zone.

 

Stefan and Sarah Kahandaliyanage, homeowner, were sworn and introduced the application and what they proposed to do.

 

John Musinski was sworn and his credentials as a licensed architect accepted. Mr. Musinski testified as to the plans he prepared and the five variances being requested. Mr. Musinski described the existing conditions and floor plans. Mr. Musinski testified as to the proposed floor plans and elevations. Mr. Musinski explained that the house is skewed on the property which is why the side yard setback is less than existing. The coverage variance is slightly more than the existing nonconformity and they are demolishing an existing above grade patio. Mr. Musinski stated that the gross building area variance is due to the attic space. Mr. Musinski explained that the roof height is necessary to match the roofline.

 

Board members asked about the large increase in gross building area and necessity of the large master suite and the justification. Mr. Musinski stated that the gross building area for the whole lot conforms. Board members asked about the mass of the house and the amount of roof and the amount of gross building area in the attic.

 

There were no questions from the public.

 

Following discussion regarding the massing, gross building area and height, the hearing was carried to March 9, 2021 without further notice.

 

Resolution memorialization:          The following resolutions were memorialized:

-       Fern, 133 Kenilworth Road

-       Martinez/Lermond, 110 Sheridan Terrace

-       Evans, 451 Stevens Avenue

 

The resolution for Delcalzo, 645 Stevens Avenue, was held until the February 23, 2021 meeting.

 

The meeting was adjourned at 10:38 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:       March 9, 2021

 

 

 

 

 

 

 

 

 

 

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