20220726 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

July 26, 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.

 

Reorganization:

 

The Oath of Office was given to Matthew Bandelt and Harold Maxwell.

Appointment of Bruce Whitaker, Esq., as Board Attorney.

Appointment of Jane Wondergem as Board Secretary.

Appointment of John Barre, of Heyer, Gruel & Associates, as Village Planner.

Resolution of Adoption in the matter of compliance with the requirements of the Open Public Meetings Act and the adoption of the meeting schedule through December 31, 2022.

 

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Isaac Lebow, Jonathan Papietro and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney; John Barree, Village Planner; Christopher Rutishauser, Village Engineer and Jane Wondergem, Board Secretary.

 

Absent:            Michael Pickholz and Jason Curreri

 

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 Warren, 408 S. Pleasant Avenue, application was carried to October 11, 2022 without further notice.

 

Old Business:

 

JARED & JULIA PILOSIO – An application for a Certificate of Non-Conformity to continue the use of a two-family house and an existing carriage house at 438 Van Dyke Street, Block 1701, Lot 6, in an R-2 Zone. (Carried from June 14, 2022 without further notice)

 

Mr. Papietro recused himself from this hearing.

 

James Delia, Esq. entered his appearance and made opening remarks. Mr. Delia explained that his witness, Anna Van Dyke was present, but due to health and memory issues was not comfortable testifying, but her daughter, Sandra DelAguila, was present to speak on her behalf.

 

Sandra DelAguila, 507 E. Saddle River Road, Upper Saddle River, was sworn. Mr. Delia distributed photos to the Board. Ms. DelAguila testified as to the history of the property, specifically regarding the apartment above the garages, which had been built by her grandfather. Ms. DelAguila testified that the apartment had been there and been occupied since the principal structure was built.

 

Mr. Whitaker asked if the original house was two-family. Ms. DelAguila said it was made a two-family house later, but prior to 1950. Board members asked when the garage was built, Ms. DelAguila said it built the same time as the house, before 1950, and it was continuously used.

 

Mr. Delia went over the exhibits, which showed photos of the property and inspection stickers from years prior.

 

Board members confirmed that only the second floor of the garage was used as an apartment.

 

There were no questions or comments from Mr. Barree.

 

Mr. Whitaker instructed the Board regarding the application for Certificate of Non-Conformity.

 

There were no questions or comments from the public. The hearing was closed.

 

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

 

Mr. Pickholz returned to the meeting.

 

ANDREW & LAUREN KUPIEC – An application to permit the construction of a two story addition which will result in a coverage by above grade structures for the whole lot of 21.7%, and coverage by above grade structures within 140 feet of the front lot line of 22.1%, where 20% is the maximum permitted; and coverage by improvements for the whole lot of 45.09%, is the maximum permitted at 112 North Walnut Street, Block 2010, Lot 9, in an R-2 Zone. (Continued from May 31, 2022 without further notice)

 

Mr. Bandelt recused himself from this hearing.

 

Jordan Rosenberg, architect, was previously sworn and testified regarding the plans, revised to July 6, 2022. Mr. Rosenberg stated that the variance for coverage by improvements within 140 feet of the front lot line was eliminated and explained the reductions and revisions made.

 

Board members asked about the calculations for coverage by improvements and Mr. Rosenberg went over it in detail. Board members asked if the applicant would stipulate that the front porch would never be enclosed. The applicants agreed.

 

There were no questions or comments from the public. The hearing was closed.

 

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

 

Mr. Bandelt returned to the meeting.

 

FRANK AND JEAN TALIERCIO -  An application to permit the construction of a two-story and 2nd story addition which would result in a rear yard setback of 10 feet to the garage and 21 feet to the addition, where 30 feet is required; coverage by above grade structures of 24.7%, where 20% is the maximum permitted; coverage by improvements of 46.7%, where 45% is the maximum permitted; and gross building area of 45%, where 35% is the maximum permitted at 448 Cambridge Road, Block 3002, Lot 7, in an R-2 Zone. (Continued from May 31, 2022 without further notice)

 

James Delia, Esq., went over the issues discussed at the previous meeting.

 

Cathy Benson, architect, was previously sworn, and testified regarding the plans revised to July 14, 2022. Mr. Delia distributed a summary of the revisions made. Ms. Benson testified that the dormer was removed and the second floor was only proposed on the main house and not over the garage.

 

Board members asked if the shed was removed. Board members asked when the breezeway was built. Ms. Benson was not sure, but said most likely when the house was built in the 1950’s. Board members asked what would be remaining of the original house. Ms. Benson said the existing exterior walls on the first floor would remain, along with the original brick. Brick and hardiplank would be used on the exterior.

 

There were no questions or comments from the public. Mr. Delia said the revised plans were given to the neighbor who spoke at the previous meeting.

 

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

 

New Business:

 

JOON LEE & HEEJUNG KIM – An application to permit the construction of a second floor which would maintain a rear yard setback of 11.6 feet, where 30 feet is required; total coverage by above-grade structures of 25.2%, where 20% is permitted; total coverage by improvements of 50.7%, where 45% is permitted; gross building area of 39.7%, where 35% is permitted at 812 Newcomb Road, Block 4608, Lot 20, in an R-2 Zone.

 

Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Joon Lee, homeowner, was sworn.

 

Christopher Rutishauser, Village Engineer, was sworn.

 

Mr. Rosenberg testified regarding the plans he prepared and identified the variances being requested. Mr. Rosenberg stated that the existing house was skewed to the property line and the lot is undersized. Mr. Rosenberg said that seepage pits will be installed as required by the Engineering Department. Mr. Rosenberg testified regarding the floor plans and the elevations.

 

Mr. Whitaker asked about the height of the garage. Mr. Rosenberg said it was between 14’6” and 14’8”, and that they were reducing the area of the garage.

 

Board members asked about prior additions to the original house as it appears there was an addition to the rear of the house and asked that an OPRA request be made to determine how the house got to that size. Board members asked about the height of the house.

 

Mr. Rutishauser commented that the addition may cast shadow over the pool in the backyard of the neighbors and asked that a shadow study be done.

 

MR. Whitaker asked that Mr. Rosenberg address Mr. Rutishauser’s report.

 

The hearing was carried to September13, 2022 without further notice.

 

AARON LIEBHABER -  An application to permit a semi-circular driveway which will result in a total driveway width of 35 feet, where 25 feet is the maximum permitted at 20 South Pleasant Avenue, Block 4203, Lot 6, in an R-2 Zone. (Continued from May 31, 2022 without further notice)

 

Aaron Liebhaber, homeowner, was previously sworn and stated that the plan was revised and a decrease in square footage was made.

 

Kent Rigg was sworn and his credentials as an engineer accepted. Mr. Rigg testified regarding the site plan, which was similar to the prior plan with more detail. Mr. Rigg went over the coverages and said the driveway was minimized where possible and the decorative wall lessened the impact of the driveway.

 

Board members asked if the landscaping was still part of the plan. Mr. Liebhaber said it was. Board members asked if the driveway could be reduced to 14 feet and 10 feet to eliminate the variance. Mr. Rigg said it would be difficult on the turn. Board members asked about the hardship and suggested they look at the plans again and try to eliminate 2 feet to make it conform to code.

 

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

 

CHRIS & LYDIA UHRICH – An application to permit the construction of one story and second story additions which would maintain a side yard setback of 9.5 feet, where 10 feet is required; total coverage by above-grade structures of 21.5%, where 20% is permitted; and total gross building area of 42%, where 35% is permitted 315 Kensington Place, Block 2908, Lot 32, in an R-2 Zone.

 

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

 

Chris Urich, homeowner, was sworn.

 

Mr. Schlicht testified as to the existing conditions on the property, which he described as narrow with a skewed depth and undersized. Mr. Schlicht testified regarding the plans he prepared and described the proposed floor plans, which included a mudroom and new family room, as well as a portico. Mr. Schlicht showed the elevations and identified the variances being requested.

 

Board members asked how much was being added to the rear, which is 14 feet. Board members referred to the photos and asked if they had considered going to the left side where the patio is. Mr. Schlicht said the homeowners wanted to keep the patio to be able to see the back yard from the kitchen. Board members had concerns that the addition is all on one side and that the gross building area variance being requested is significant.

 

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

 

Resolution memorialization:   The Bhore/Dave, 85 Oak Street, resolution was memorialized.

 

The meeting was adjourned at 10:26 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           August 23, 2022

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20211109 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 9, 2021

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:47 p.m.

 

Harold Maxwell, Alternate #2 Board member took Oath of Office

 

Present:         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, Board Attorney and Jane Wondergem, Board Secretary. 

 

Minutes:          The minutes from September 28, 2021 and October 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 Brown announced: McCann, 236 Walthery Avenue, application was carried to December 14, 2021 without further notice. Leventhal/Gorgo, 143 Brookside Avenue, was carried to November 20, 2021 without further notice; Outfront Media, LLC, 500 Route 17 South, application was carried to January 25, 2022, without further notice.

 

Old Business:

 

KELLY & DANIEL MORGAN – An application to permit the construction of a one story addition which would result in a front yard setback of 28.4 feet where 45 feet is required and coverage by improvements of 47.8%, for the entire lot, where 45% is permitted and coverage by improvements of 51.9%, within 140 feet of the front lot line, where 45% is the maximum permitted at 323 Franklin Avenue, Block 3611, Lot 17, in an R-2 Zone. (Continued from August 10, 2021; Carried from October 26, 2021 without further notice)

 

Kelly Morgan was present and previously sworn. Ms. Morgan testified regarding the reduced coverage by improvements calculations.

 

Mr. Bandelt summarized what the Board had requested at the previous hearing.

 

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.

 

New Business:

 

MATTHEW & ELANA FEDDOCK – An application to permit the construction of a garage which would result in a side yard of 2.57 feet and 2.8 feet, where 5 feet is the minimum required for an accessory building at 162 Hope Street, Block 4007, Lot 17, in an R-2 Zone. (Carried from October 26, 2021 without further notice)

 

Matthew and Elana Feddock, homeowners, were sworn and testified that they are proposing to replace a garage which is in disrepair. The new garage will be moved forward to meet the rear yard setback but will encroach in the side yard setback due to the narrow lot.

 

Board members asked about the existing hedgerow, and Mr. Feddock said most of it will remain. Board members asked if the new garage would be the same size as the existing garage. Mr. Feddock said it will be 2 feet wider. Board members asked if the siding will match the siding on the house. Mr. Feddock said they are replacing the siding on the house, but that the house and garage will match.

 

There were no questions or comments from the public.

 

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

 

Resolution memorialization: The following resolution was memorialized:

-        Jacobsen, 175 Elmsley Court

 

The Roos, 560 Route 17 North, resolution will be memorialized at the November 30, 2021 meeting.

           

Discussion:  There was Board discussion regarding the Annual Report.

           

The meeting was adjourned at 8:38 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           November 23, 2021

 

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20210413 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

April 13, 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 Brown, Jonathan Papietro, Matthew Bandelt, Daniel Perlman and Michael Pickholz. Also present were Bruce Whitaker, Board Attorney; and Jane Wondergem, Board Secretary. 

 

Approval of Minutes: The minutes from March 30, 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 Adam Brown, 386 Berkshire Road, application was carried to April 27, 2021 without further notice.

 

New Business:

 

JOHN & DANIELLE KONZELMANN – An application to permit the construction of a 1 ½ story addition, and a 1 story addition and patio which would result in a side yard setback 15 feet, where 16.15 is required, and a side yard setback to the covered steps of 11 feet, where 16.15 feet is required at 126 Sunset Avenue, Block 2102, Lot 5 in the R-110 Zone. (Carried from March 23, 2021 without further notice)

 

Rocco Orlando was sworn and his credentials as a licensed architect accepted. Mr. Orlando explained that the coverage variances originally requested were eliminated as the coverage for gross building area and for improvement coverage in the R-110 Zone is determined for within 175 feet within the front lot line, not for 140 feet, therefore the proposed coverages comply with Village Code. Mr. Orlando described the existing conditions on the property and described the addition and dormers proposed. Mr. Orlando explained that part of the existing enclosed porch would become living space and the rest would remain porch.

 

Mr. Orlando displayed photos of the streetscape showing that what is being proposed would fit into the neighborhood.

 

Mr. Orlando displayed the drawings he prepared and described the floor plans and the elevations. Mr. Orlando testified that there is a C(1) hardship due to the topography, and that what is proposed would not be detrimental to the public.

 

Mr. Whitaker clarified the revised plan date and the variances being requested.

 

Board members asked about an error in the Zoning Chart in regards to the gross building area permitted. Mr. Orlando said he would correct the chart. Board members asked about the necessity of the side entrance. Mr. Orlando explained that it is a functional entrance and that they had looked at alternate configurations and that what is being proposed is the least impactful.

 

Board members asked if they would plant along the side entrance. Mr. Konzelmann said there are hedges along the property line, some on their property and some on the neighbors.

 

There were no questions or comments from the public. Mr. Orlando made closing comments and Mr. Konzelmann explained the necessity of the side door as it goes to what is used as a mudroom.

 

Following Board deliberation, Mr. Lebow made a motion to approve with the conditions that the stoop not be enclosed and the hedges between the homes be maintained, Mr. Bandelt seconded and the application was approved with 5 yes votes to 2 against.

 

SILVER FALLS COMPANY, LLC -  An application to permit the construction of an open covered porch which would result in a front yard setback of 34.8 feet on Cliff Street, and 16.59 feet from Second Street, where 40 feet is required at 561 Cliff Street, Block 1502, Lot 9, in the R-2 Zone.

 

Rocco Orlando was sworn and his credentials as a licensed architect accepted. Margaret and Thomas DeVita, 226 Sollas Court, were sworn. Ms. DeVita is the sole member of Silver Falls Company, LLC, and Mr. DeVita entered his appearance.

 

Mr. Orlando testified as to the plans he prepared dated 3/30/21 and described the existing conditions on the property and testified that the lot is deficient in size and is a corner lot. Mr. Orlando described the addition and front dormers and the proposed front porch. The porch is where the variance is being requested. Mr. Orlando stated that there are no coverage variances and the front porch would be usable and fit in to the character of the neighborhood.

 

Mr. Orlando displayed the plans and the elevations and photos of the existing conditions. Mr. Orlando showed photos of neighborhood houses which have similar setbacks and open porches.

 

Board members asked if the applicant would provide additional plantings and Mr. DeVita agreed. Board members asked if they would stipulate that the porch would never be enclosed. The applicant agreed.

 

There were no comments or questions from the public and the hearing was closed.

Following Board deliberations Mr. Papietro made a motion to approve, Mr. Negrycz seconded, and all Board members voted yes to approve the application.

 

Resolution memorialization: The following resolutions were memorialized:

-       DePascale, 566 Highland Avenue

 

 

The meeting was adjourned at 8:46 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:         April 27, 2021

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20220927 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 27, 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, Diana Ruhl, Jonathan Papietro, Jason Curreri and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney; John Barree, Village Planner and Jane Wondergem, Board Secretary.

 

Absent:  Gary Negrycz, Isaac Lebow and Michael Pickholz

 

Minutes:          The minutes from August 23, 2022 and September 13, 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 Colletta, 77 Fairmount Road, application was carried to November 8, 2022, without further notice, and the Kaptain, 645 Hillcrest Road, was carried to November 8, 2022 without further notice.

 

Old Business:

 

MICHAEL & JOANNE BOUDREAU – An application to permit the construction of a second story addition and deck which would maintain a front yard, on Cedar Avenue, of 18.70 feet where 42.5 feet is required, a front yard setback to the addition and deck, on Cedar Avenue, of 25 feet where 42.5 feet is required; a side yard setback to the steps of 17.75 feet and 19.75 feet where 23.5 is required; and gross building area within 140 feet of the front lot line of 34.9%/3,601 square feet,  where 34%/3,360 square feet is permitted at 262 South Irving Street, Block 4105, Lot 2, in an R-1 Zone.

 

Xiomara Paredes and Jeffrey Gasnick were sworn and their credentials as licensed architects accepted.

 

Michael and Joanne Boudreau, homeowners, were sworn.

 

Ms. Paredes introduced the application and testified regarding the zoning table and the variances being requested. Ms. Paredes went over the hardships, stating that the property is on a corner lot, the roadway being less than 50 feet wide, therefore needing a front yard setback of 42.5 feet, an existing non-conforming dwelling on a narrow lot, and the topographical hardship of the sloping yard.

 

Ms. Paredes said that the addition would comply for gross building area if the garage didn’t count towards gross building area.

 

Ms. Paredes described the existing conditions and stated that the existing garage, which is in disrepair, is to be demolished and they want to consolidate by building an attached garage.

 

Ms. Paredes showed photos of existing conditions and renderings of what is proposed. An aerial photo was shown to show the neighboring homes.

 

Ms. Paredes testified that a non-conforming deck is being removed and the proposed deck will need a variance for the steps only.

 

Ms. Paredes testified that evergreens will be planted along the retaining wall.

 

Board members asked about the slope of the property. Ms. Paredes detailed the slope. Board members questioned the overall height of the structure and how it was determined. Board members asked if there was soil infill behind the garage. Mr. Gasnick said there was and explained the infill and excavation.

 

Board members asked how the average height was determined. Ms. Paredes explained how the height is determined with the elevation points around the house. The Board members questioned the definitions of height and how it is to be determined. Mr. Gasnick pointed out the definitions in the Village Code.

 

Board members asked about the deck and the pergola and the removable privacy panels. After discussion regarding the panels, the applicants said they would be willing to not use the panels. The pergola would be acceptable.

 

Mr. Boudreau made closing remarks about their commitment to keep the integrity of the house.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Papietro made a motion to approve with the condition that no privacy panels are used and that the deck will always remain open, Ms. Ruhl seconded and the application was approved.

 

Resolution memorialization:   The following resolutions were memorialized:

-        Tripp, 33 Bryden Place

-        Lee-Kim, 812 Newcomb Road

 

Discussion: Mr. Whitaker announced that Sophy Sedarat, Esq., joined his firm.

 

The meeting was adjourned at 8:55 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           October 11, 2022

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20220913 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 13, 2022

 

Opening:

 

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

 

Present:  Greg Brown, Matthew Bandelt, Diana Ruhl, Isaac Lebow, Jonathan Papietro, Michael Pickholz, Jason Curreri and Harold Maxwell. Also present were Sophy Sedarat, Esq., substituting for Bruce Whitaker, Board Attorney; Christopher Rutishauser, Village Engineer, and Jane Wondergem, Board Secretary.

 

Absent:  Gary Negrycz

 

Minutes:          The minutes from August 30, 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 Ohrel, 444 Eastgate Road, application was carried to November 8, 2022.

The Uhrich, 315 Kensington Road, application was carried to October 11, 2022.

The DiTommaso, 246 Mountain Avenue, application was carried to October 11, 2022.

 

Old Business:

 

JOON LEE & HEEJUNG KIM – An application to permit the construction of a second floor which would result in a rear yard setback of 23.7 feet to the 2nd floor addition and 14.38 feet to the rear steps, where 30 feet is required; total coverage by above-grade structures of 25.6%, where 20% is permitted; total coverage by improvements of 50.7%, where 45% is permitted; gross building area of 36.7%, where 35% is permitted at 812 Newcomb Road, Block 4608, Lot 20, in an R-2 Zone. (Continued from July 26, 2022 without further notice)

 

Jordan Rosenberg, architect, was previously sworn. Mr. Lee, homeowner, was present and previously sworn.

 

Mr. Rosenberg testified regarding the revisions made and stated that the reductions were made by removing the rear left quadrant of the 2nd floor addition. Mr. Rosenberg went over the zoning table and explained that the coverage by above-grade structures increased due to the chimney and cantilever added for aesthetics.

 

Board members asked if an OPRA request was made regarding previous permits. Mr. Rosenberg said they did not. Mr. Lee said he checked with the Building Department and there were no records available. Board members asked if the applicant would be willing to reduce the driveway to a conforming width to reduce the coverage by improvements to 47.5%. The applicant said he would.

 

Mr. Rutishauser asked Mr. Rosenberg to testify regarding the Shadow Study. Mr. Rosenberg stated that he asked a firm to prepare the study and he explained how it is done. Mr. Rosenberg said the only time the proposed addition would affect the pool on the neighbor’s property would be in December, when the pool wouldn’t be used. Mr. Rutishauser was satisfied that the Shadow Study as submitted shows a diminimus effect on the neighbor’s property.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Lebow made a motion to approve with the condition that the driveway width is reduced as discussed, Mr. Bandelt seconded and the application was approved.

 

New Business:

 

DAVE 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 23.92%, where 20% is permitted; coverage by above grade structure within 140 feet of the front lot line of 31.66%, where 20% is permitted; coverage by improvement of 44.34%, where 40% is permitted and coverage by improvement within 140 feet of the front lot line of 47.53%, where 45% is permitted at 525 Wyndemere Avenue, Block 3406, Lot 18, in an R-1 Zone.

 

Mr. Bandelt recused himself from this hearing.

 

Lawrence Calli, Esq., entered his appearance and made opening remarks.

 

Dave Barry, homeowner, was sworn and testified that they have owned the property since 2018 and that they have 4 children, one of them in a wheelchair. A lot of work needed to be done to make the house ADA compatible. Mr. Barry testified that they wanted the master bedroom and the son’s bedroom on the first level.

 

Christopher Rodriguez was sworn and his credentials as a licensed architect accepted. Mr. Rodriguez testified regarding the drawings he prepared and identified the variances being requested. Mr. Rodriguez described the proposed floor plans and elevations.

 

Board members asked Mr. Rodriguez to identify the rooms on the floor plan. Board members asked about the circular driveway and if trees were being removed. Mr. Rodriguez said no trees will be removed. It was determined that an additional variance for the width of the driveway would be needed.

 

Board members asked about the porch and if the applicant would stipulate that it would remain open. Board members were concerned about the increase in coverage by above grade structures.

 

Matthew Flynn was sworn and his credentials as a professional planner accepted. Mr. Flynn described the property and distributed a 4-page packet of maps and plots, marked as Exhibit A-1. The maps showed the depth of this property and the surrounding lots and showed how the homes are set far apart from each other. Mr. Flynn testified regarding the coverage variances being requested and how there will be no impact from the street and that all trees are remaining. Mr. Flynn testified regarding the positive and negative criteria and that the hardship is that the house is set back far on the property.

 

Board members questioned the coverage by improvements and asked about the driveway strips to the garage.

 

Board members asked for clarification regarding the criteria to be considered for hardship. Ms. Sedarat explained the c(1) and c(2) hardship criteria. Ms. Sedarat explained that this application does not meet the exceptional situation, because that does not include the exceptional situation of the property owner, but would be based on the exceptional situation of the property, such as the narrowness of the lot.

 

Mr. Rodriguez discussed the storm water management for the proposed improvements.

 

There were no questions or comments from the public.

 

Board members expressed concern about the driveway and the size of the porch area.

 

The hearing was carried to October 11, 2022 without further notice.

 

Mr. Bandelt returned to the meeting.

 

JAMES TRIPP – An application to permit the replacement of a retaining wall along the property line, with a fence on top of wall which would vary in height and would exceed the maximum height permitted for the Property located at 33 Bryden Place, Block 1905, Lot 4, in an R-2 Zone.

 

James Tripp, homeowner, was sworn and testified regarding the proposed wall, explaining that the current rock wall is breaking down. Mr. Tripp said he cannot bring the wall in from the property line as there would not be enough side yard. Mr. Tripp explained the 3D photos which showed the varying height of the retaining wall and the fence on top.

 

Board members asked about the height of the existing wall and the height of the proposed wall. Mr. Tripp said there would be some grading at the corner of the property due to erosion. Board members asked about the height of the fence and Mr. Tripp agreed to having a 4-foot high fence only. The highest part of the wall and fence would be the back corner. Ms. Sedarat asked if the wall would be flush with his property. Mr. Tripp said it would be.

 

The Board determined that a third variance would be needed for the retaining wall height, as the maximum height permitted for a retaining wall is 4 feet and 5 feet is proposed at the highest point.

 

Board members asked about the proposed landscaping. Mr. Tripp said that he will do what the plan shows. Board members had concern regarding the neighbor’s property that abuts the wall, Mr. Tripp stated that trees and shrubs had been planted along that side by the neighbor.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Papietro made a motion to approve, Mr. Pickholz seconded, and the application was approved with the condition that the neighbor’s property is not disturbed.

 

Resolution Memorialization:           The following resolutions were memorialized:

-        Hornby, 36 Richmond Ave

-        Gabrielli, 558 Morningside Road

 

The meeting was adjourned at 10:42 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           September 27, 2022

 

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