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

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

October 11, 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, Isaac Lebow, Jonathan Papietro, Michael Pickholz, Jason Curreri and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Minutes:          The minutes from September 27, 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, was carried to October 25, 2022, without further notice.

The Uhrich, 315 Kensington Place, application was carried to November 8, 2022, without further notice.

The DiTommaso, 246 Mountain Avenue, application was carried to November 8, 2022 without further notice.

Old Business:

ALESSANDRO & ALYSSA MOGAVERO – An application to permit the construction of a second story and two-story addition which would result in a front yard setback of 41.75 feet, where 45 feet is required; coverage by above grade structures of 22.78%, where 20% is permitted; gross building area of 3,385 sq. ft., where 3,360 sq. ft. is permitted at 113 Circle Avenue, Block 4202, Lot 26, in an R-2 Zone. (Continued from August 30, 2022 without further notice)

John Veteri, Esq., summarized the revisions made in response to the Board member’s concerns, stating that the combined side yard setback variance was eliminated.

Frank Troia, architect, was previously sworn and testified regarding the plans, revised to 9/23/22. Mr. Troia explained that the gross building area was reduced by utilizing the existing footprint, and the combined side yard setback variance was eliminated by removing the proposed side porch.

Board members asked if the revised plans had been reviewed by the Historic Preservation commission. Mr. Veteri said they were not. The revised plans will be reviewed by HPC on October 13. Board members asked if coverage by above grade structures would be over if the lot was conforming. Mr. Troia said it would be. Board member questioned the hardship. Mr. Veteri said the variance would be based on c(2) criteria as there would be substantial aesthetic improvement and improved drainage, and there is no detriment.

There were no questions from the public.

Public comment: Joanne Stolfo, 80 Kenilworth Road, spoke in support of the application.

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

Following Board deliberation, Mr. Bandelt made a motion to approve, with the condition that HPC reviews the revised plans, and that the porches are not ever enclosed. Mr. Lebow seconded, and the application was approved.

DAVID & MELISSA BARRY – An application to permit the construction of an addition and porch which would maintain a side yard of 12.5 feet and 13.3 feet where 15 feet is the minimum required; coverage by above grade structure of 22.56%, where 20% is permitted; coverage by above grade structure within 140 feet of the front lot line of 29.36%, where 20% is permitted; coverage by improvement of 41.18%, where 40% is permitted; and a driveway width of 18 feet where 15 feet is permitted at 525 Wyndemere Avenue, Block 3406, Lot 18, in an R-1 Zone.(Continued from September 13, 2022 without further notice)

Mr. Bandelt recused himself from this hearing.

Dave Barry, homeowner, was previously sworn, and said that they heard the Board member’s concerns and cut down on coverage, eliminated the circular driveway and reduced the size of the deck.

Christopher Rodriguez, architect, was previously sworn and testified regarding the plans, revised to 09-19-2022.

Board members asked if the driveway width would still require a variance, which it will. Board members asked if any ramps are counted towards coverage. Mr. Whitaker said they are not. Board members asked about the hardship, and it was determined that variance relief is justified for both the c(1) and c(2) criteria.

There were no questions or comments from the public.

Following Board deliberation, Mr. Lebow made a motion to approve, with the conditions that the porch shall remain open and they will never build over the porch. Ms. Ruhl seconded, and the application was approved.

Mr. Bandelt returned to the meeting.

New Business:

JEFFREY & AMY WARREN – An application to permit an expansion of the home and rear deck to remain which will result in coverage by above-grade structures of 20.94% and coverage by above grade structures within 140 feet of the front lot line of 22.86% where 20% is permitted; and gross building area within 140 feet of the front lot line of 24.52%, where 32% is permitted at 408 S. Pleasant Avenue, Block 4401, Lot 11, in an R-2 Zone.

James Delia, Esq., entered his appearance and made opening remarks, explaining the history of the application. The applicant is seeking permission for coverage by above grade structures for the deck, which was built during the pandemic. An addition had been approved by the building department, and it was later determined that a variance was needed for gross building area for the attached garage.

Edwin Sherman was sworn, and his credentials as a licensed architect accepted. Mr. Sherman explained the work done as per his plans.

There were no Board questions.

There were no questions or comments from the public.

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

JOSEPH LUDDY -  An application to permit a fence with a height of 6 feet to remain where a fence height of 4 feet is permitted at 527 West Saddle River Road, Block 4705, Lot 14, in an R-125 Zone.

Joseph Luddy, homeowner, was sworn. Mr. Luddy testified that he replaced a damaged fence panel on one side of his property and received a violation for not obtaining a permit. Mr. Luddy stated that he was not aware that only a 4-foot fence was permitted, as his existing fence is 6 feet in height and he was replacing parts of the fence that were in disrepair.

Board members asked if the fence could be seen from the front. Mr. Whitaker explained that the fence can only be 4 feet in height from the front of the house to the street.

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.

ARIEL SHAFRAN – An application to permit the construction of a second story addition and deck which would maintain a side yard setback of 8.5 feet where 10 feet is required; a rear yard setback of 23 feet where 30 feet is required; coverage by above grade structure of 25.02% where 20% is permitted and gross building area of 36.90% where 35% is permitted at 369 Ponfield Place, Block 3108, Lot 5, in an R-2 Zone.

Richard Bouchard was sworn and his credentials as a licensed architect accepted. Mr. Bouchard testified as to what was proposed according to the plans he prepared, for an addition above the existing family room and a deck. Mr. Bouchard went over the variances, explaining the hardship as being the size of the lot and the existing position of the house. Mr. Bouchard said that other homes in the neighborhood have been expanded from Cape Cod style homes to full Colonial style homes.

Mr. Whitaker asked for clarification of the variances being requested. Board members asked if they would need a variance if there was a patio instead of the deck. Mr. Bouchard said they would still be over in above grade structures. Board members asked about the massing facing the neighbor’s property. The property next door had already constructed a similar addition. Board members asked about the existing shed.

Ariel Shafran, homeowner, was sworn. Mr. Shafran testified that the shed was there when he bought the property, and he resided it.

There were no questions or comments from the public.

Following Board deliberation, Mr. Pickholz made a motion to approve, with the condition that the deck will never be enclosed, Mr. Papietro seconded, and the application was approved.

Resolution memorialization:   The following resolution was memorialized:

-        Boudreau, 262 S. Irving Street

Discussion: Mr. Whitaker said the Outfront Media application would be carried again from October 25 to December 13.

Mr. Whitaker said that he was getting phone calls from applicant’s attorneys regarding completeness reviews being done on time. The Board had discussion regarding the backlog of applications and it was decided that extra meetings could be scheduled when possible and that beginning in 2023, the meetings will begin at 7:00 p.m.

The meeting was adjourned at 9:52 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           October 25, 2022

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

March 30, 2021

Opening:

The virtual public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:35 p.m.

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

Absent:      Greg Brown, Isaac Lebow

Approval of Minutes: The minutes from March 23, 2021 were adopted.

Resolution memorialization: The following resolutions were memorialized:

-       Sullivan, 409 Colonial Road

-       Anadu, 155 Highland Avenue

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:

Public hearings – New Business:

ERIC ROOS – An application for Certification of Nonconforming Use at 560 Route 17 North, Block 4704, Lot 6, in an R-125 Zone.

Mr. Whitaker instructed the Board regarding the type of application and what the Board should consider.

Robert Garibaldi, Esq., entered his appearance on behalf of the applicant and introduced the list of exhibits which had been submitted to the Board. Mr. Garibaldi stated that the use of the property as a nursery and garden center predated the zoning regulations.

Eric Roos, property owner, was sworn, and testified that the property had been owned by his family since 1900 and that they had grown nursery stock in the back of the property and sold it in the front.

Mr. Negrycz arrived at the meeting at 7:45 p.m.

Mr. Roos testified that he used the property himself, as a nursery and garden center, until 2009. Mr. Roos stated that the property had been leased by others for that purpose and for storing landscape equipment, but power equipment had never been sold. Mr. Roos testified that there is a small office at the front of the property and some movable sheds, to store tools and equipment, in the rear of the property.

Mr. Roos testified that nursery and garden center use of the property has always been the case, which he testified to according to the transcripts from 1997 and 1999.

Mr. Garibaldi said that a record search was done by Bill Gilsenan and that due to flooding in Village Hall no historic records could be found.

Mr. Roos stated that there are three tenants using the property at this time. A former tenant, Mr. Wiggers, was leasing the property until 2019, and that is the only paper lease on record.

Mr. Garibaldi said there is no historical documentation and that they are relying on the testimony of Mr. Roos.

Board members asked about the tenant usage now, which Mr. Roos said was for vehicle storage.

Board members asked about uninterrupted use, and Mr. Whitaker explained that the Board is looking to determine whether there is a non-conforming use, the scope of non-conformity and, if the Board determines that there is a non-conformity, if it has been abandoned. Mr. Garibaldi said that Mr. Wiggers left in 2019.

Questions from the public – Jacqueline Hone, 30 Carriage Lane, asked about prior citations from the Municipal Court. Mr. Roos said they were for standing water and debris and storage of commercial vehicles. Ms. Hone said she had photos of the property and would submit them prior to the next hearing.

Ms. Bucci-Carter asked if the applicant has a Planner to address the issues in her report. Ms. Bucci-Carter asked if there was any current nursery operation. Mr. Garibaldi said that the process of selling the property started and due to notice issues and the pandemic, it has been under contract for 2 years. Mr. Garibaldi said he would have a professional planner for the next meeting.

Mr. Rutishauser asked to clarify the lot number on the application, which should be lot 6.01, and asked about the survey in regards to the 15-foot right-of-way.

Jacqueline Hone asked if the applicant would identify the current tenants on the property.

The hearing was carried to May 11, 2021 without further notice.

The meeting was adjourned at 8:50 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:         April 13, 2021

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JUNE 14, 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, Isaac Lebow, Jonathan Papietro, Michael Pickholz (8:05), Harold Maxwell and Jason Curreri. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:  Diana Ruhl

Minutes:          The minutes from May 10, 2022 and May 24, 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 Schmidt, 123 South Irving Street, application was carried to August 9, 2022 without further notice.

Old Business:

ANTONY ARACKATHARA – An application to create a rockery which will result in the disturbance of a steep slopes and height of a retaining wall in the front yard at 481 Upper Boulevard, Block 1513, Lot 1, in an R-2 Zone. (Continued from April 12, 2022 without further notice)

Mr. Arackathara acknowledged David Rutherford and commented that he would be moving forward with his professionals.

Malcolm McBurney was sworn and his qualifications as a registered consulting arborist accepted. Mr. McBurney testified as to the existing trees on the property and the conditions of those trees and how they have little to no value in mitigating storm water due to the steep slope.

Board members commented that the roots of those trees must do something.

Mark Martin, Engineer, previously sworn testified regarding the revised plans which showed existing and proposed conditions and a colorized slope comparison.

Board members asked about the height of the slope, if part of the yard was flattened and how the neighbor to the south may have been affected. Board members asked for clarification of the slope comparison.

There were no questions from the public.

Mr. Arackathara read an email from the Village Engineer which supported the proposed method of slope stabilization.

Scott Greer, landscape designer, was previously sworn and testified regarding proposed landscape plan.

Board members asked how storm water would be managed while the plants are growing.

Mr. Whitaker asked if the applicant would follow soil erosion and control measures. Mr. Martin said they would.

There were no questions from the public.

Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Mr. Rosenberg testified regarding the proposed new dwelling on the property, which does not need variance relief, and why the house was placed in that location.

There were no questions or comments from the public.

Mr. Arackathara made closing remarks and the hearing was closed. Following Board deliberation, Mr. Papietro made a motion to approve, Mr. Lebow seconded, and the application was approved.

Mr. Pickholz arrived at the meeting.

SALIM BHORE & GAZALA DAVE – An application to permit the construction of a two story addition which would result in total coverage by improvement of 51.2% where 45% is the maximum permitted; total coverage by improvement within 140 feet of the front lot line of 52.9% where 45% is the maximum permitted; gross building area within 140 feet of the front lot line of 39.9%/3,348 sf where 39%/3,276 sf is permitted at 85 Oak Street, Block 2010, Lot 21, in an R-3 Zone. (Continued from April 12, 2022, carried from May 24, 2022 without further notice)

John Musinski, architect, was previously sworn and testified as to the revised plans. Mr. Musinski stated that there was an additional variance being sought for gross building area after the required area was added to the calculations.

Mr. Negrycz asked if the whole basement should be added as per the definition of gross floor area. Following discussion regarding the difference between gross building area and gross floor area the application was carried to June 28, 2022 without further notice.

DAVID & JULIA BUCKLEY – An application to permit the construction of a two story addition and second floor balcony enclosure which would result in a side yard setback of 14 feet where 25 feet is required; gross building area within 140 feet of the front lot line of 31% where 29% is the maximum permitted at 141 South Irving Street, Block 4005, Lot 22, in an R-1 Zone. (Continued from May 24, 2022 without further notice)

Robert Garibaldi, Esq., recapped the issues from the prior meeting.

Mr. Buckley, previously sworn, showed a historic map showing that the house was built in 1890 and stated that they desire to preserve the historic nature of the home.

John Gilchrist, architect, previously sworn, testified regarding the revisions made, stating that the family room area was reduced significantly and the elevations were softened. Mr. Gilchrist identified the remaining variances.

Board members asked if the applicant would stipulate that the porch would always remain open and never be enclosed. Board members asked about the area of the driveway in the rear. Ms. Buckley stated they would use grass pavers.

There were no questions or comments from the public.

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

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

New 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 29.8%, where 20% is the maximum permitted; coverage by improvements within 140 feet of the front lot line of 49.5%, where 40% is the maximum permitted; and gross building area within 140 feet of the front lot line of 29.5%, where 29% is the maximum permitted at 444 Eastgate Road, Block 4908, Lot 9, in an R-1 Zone.  (Carried from May 31, 2022 without further notice)

Zachary Gidich was sworn and his credentials as a licensed architect accepted. Mr. Gidich testified as to the drawings he prepared. Mr. Gidich identified the variances being sought.

Board members asked about the existing gross building area, which Mr. Gidich said was approximately 3,200 square feet, and why additional space is needed to ‘age in place’. Board members asked about the hardship. Mr. Gidich said the location of the house within the first 140 feet limits any addition. Board members did not see hardship or need for the substantial increase. Mr. Whitaker explained the criteria for hardship to the applicants.

The hearing was carried to August 9, 2022 without further notice.

DANIEL & CAITLIN ZILINSKI – An application to permit the construction of a second floor addition which will result in a front yard setback of 34.6 feet, where 40 feet is required at 154 Monte Vista Avenue, Block 2109, Lot 1, in the R1 Zone.

Daniel Zilinski, homeowner, was sworn.

Gary Irwin was sworn and his credentials as a licensed architect accepted. Mr. Irwin testified that the hardship is the size, narrowness and grade issues of the corner property. Mr. Irwin testified that the proposed second floor addition will extend the existing non-conforming front yard setback on Monte Vista. Mr. Irwin stated that there are no coverage variances being sought.

Board members asked about the cantilever and Mr. Irwin said it would conform.

There were no questions or comments from the public.

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

Resolution memorialization: The resolution denying the request for a one-year extension of variance approval for Devins, 79 Park Slope, was memorialized.

Discussion: Zoning Board Reorganization 2023 and Extension of Board Member terms – The formal Board reorganization will take place in January rather than in July. The Council extended Board member terms accordingly.

The meeting was adjourned at 10:14 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           August 9, 2022