VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 26, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:36 p.m.

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Michael Pickholz, Jonathan Papietro, Jason Curreri, Harold Maxwell and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney, and Jane Wondergem, Board Secretary.

Absent:  Diana Ruhl

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 Leonard-Hallowell, 65 Park Slope, application was carried to November 14, 2023 without further notice.

Old Business:

WALEED MIQBEL – An application to permit an addition which would result in gross building area within 140 feet of the front lot line of 34%, where 20% is permitted at 665 Terhune Road, Block 4707, Lot 28, in an R-1 Zone. (Continued from August 22, 2023 without further notice)

Bianca Pereiras, Esq., was present on behalf of the applicant and briefly explained the revisions made to address the Board concerns stated at the previous meeting.

Manuel Pereiras, architect, was previously sworn and testified regarding the plans revised to 9/13/23. Mr. Pereiras stated that all variances, except for gross building area within 140 feet of the front lot line. Mr. Pereiras explained that the circular driveway was eliminated, the tennis court was reduced to a smaller size and changes were made to the proposed addition to reduce coverage and gross building area.

Mr. Pereiras described the floor plans and the elevations and stated that if the house was demolished and moved back on the property all variances could be eliminated, but it would change the street scape. Mr. Pereiras showed photos of comparable homes in the neighborhood.

Board members asked if they knew the gross building area of any of the homes in the photos. Board members expressed concern regarding the gross building area percentage, commenting that the increase is almost 50% more than exists.

Mr. Bandelt identified an error in the zoning table, saying that the permitted gross building area should be 29%, or 4,620 square feet, not 20%. Board members still expressed concern regarding the request.

There were no questions or comments from the public.

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

New Business:

PATRICIA REYNOSO – An application to permit the construction of one-story and two-story additions which would result in a front yard setback of 39.5 feet, where 40 feet is required; side yard setbacks of 8.3 feet and 13.2 feet, where 15 feet is required; combined side yard setback of 21.5 feet, where 32.5 feet is required; rear yard setback of 29 feet, where 30 feet is required at 976 Andover Terrace, Block 1101, Lot 2, in an R-1 Zone.

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

Patricia Reynoso, homeowner, was sworn and testified regarding the necessity of the proposed additions.

Steven Lazarus was sworn and his credentials as a licensed architect accepted.

Mr. Lazarus testified regarding the difficult site and the expansions being proposed as being 3 additions. Mr. Lazarus described the floor plans and the elevations.

Board members asked about the accuracy of the survey. The applicant agreed to get an updated survey to accurately show what is existing on the property and confirm that the calculations are correct.

The hearing was carried to December 12, 2023 without further notice.

MICHAEL & TIFFANY HERKLOTS -  An application to permit the construction of a cantilever addition which would result in a side yard setback of 14.34 feet, where 19.55 feet is required, and coverage by improvements within 140 feet of the front lot line of 47.1%, where 45% is permitted at 117 Avondale Road, Block 1401, Lot 17, in an R-1 Zone.

Michael Pickholz recused himself from this application.

Jeffrey Gasnick, representing Paredes-Grube Architecture, was sworn and his credentials as a licensed architect accepted.

Michael Herklots, homeowner, was sworn.

Mr. Gasnick testified regarding the plans he prepared, identifying the 2 c(1) variances being sought to permit a small addition which would add 7 square feet of impervious coverage. Mr. Gasnick stated the hardship is due to the undersized and narrow lot. Mr. Gasnick said that there are existing nonconformities which are not being exacerbated and referred to variance approval from 1995.

There were no questions from the Board.

There were no questions or comments from the public.

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

Mr. Pickholz returned to the meeting.

CMD HOMES NJ, LLC – An application to permit the construction of a two story addition which would result in a front yard setback of 36 feet, where 45 feet is required and coverage by above grade structures of 22%, where 20% is permitted at 482 Northern Parkway, Block 3105, Lot 2, in an R-2 Zone.

Claus Rademacher, sole proprietor of CMD Homes NJ, LLC, was sworn and his credentials as a licensed architect accepted.

Mr. Rademacher testified regarding the existing conditions on the property and the irregular shape of the lot and the location of the existing dwelling. Mr. Rademacher testified regarding the plans he prepared and showed a rendering of the proposed addition. Mr. Rademacher testified regarding a photo of the Northern Parkway existing setbacks and a photo of the existing home.

Board members asked about the irregular layout of the proposed addition and asked the applicant had considered other options, such as pushing the addition to the left or the right. Mr. Rademacher stated that he did not want to obstruct the view of the original house as it was built in 1919. Board members asked about the garage. Mr. Rademacher said it will remain and be upgraded to match the home.

Public questions:

Sarah-Kate Maskin, 507 Van Buren Street, said the existing house is very close to her property and asked about the layout of the proposed addition and said it seemed like 2 separate dwellings. Mr. Rademacher said the addition is located further away from their property.

Public comment:

Lawrence Maskin and Sarah-Kate Maskin, 507 Van Buren Street, were sworn and stated their concern that the proposed addition would have a negative impact on their property value and would like Mr. Rademacher to try to fit the street scape. Ms. Maskin said that the existing house is not well maintained.

Board members explained to Mr. and Mrs. Maskin what could be built there without variances.

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

Discussion:   Planning Board referral of amendments to various sections of Chapter 190 of the Village of Ridgewood, Land Use and Development and a section of Chapter 145, Enumeration of Fees. Mr. Whitaker explained the process of ordinance amendments and there was Board discussion regarding the proposed ordinances.

The meeting was adjourned at 10:00 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           October 10, 2023

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 12, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:36 p.m.

Present:  Greg Brown, Matthew Bandelt, Diana Ruhl, Jonathan Papietro, Jason Curreri, Harold Maxwell and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; Christopher Piersa, Village Engineer; John Barree, Village Planner, and Jane Wondergem, Board Secretary.

Absent:  Gary Negrycz and Michael Pickholz

Minutes:          The minutes from August 22, 2023 were adopted.

Non-agenda items:

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

Members of the public comments –

Jacqueline Hone, 30 Carriage Lane, commented on property violations occurring on a property on Route 17. Mr. Whitaker stated that the Board cannot comment regarding that property as there is a pending application.

Public hearings

Old Business:

OUTFRONT MEDIA LLC – An application for preliminary and final major site plan approval for the construction and operation of a single pole, double faced, digital multimessage advertising sign which is a prohibited use and will result in a second principal use; expansion of an existing non-conforming use and bulk variance relief at 500 Route 17 South, Block 4703, Lot 10, in the OB-2 Zone. (Continued from June 27, 2023 without further notice).

Louis D’Arminio, Esq., was present on behalf of the applicant and briefly went over the previous witnesses. Mr. D’Arminio stated that the applicant would work with the Village to provide additional landscaping, particularly by the Schedler property.

Douglas Standriff, Esq., Counsel for the Objector, A K Realty, LLC, was present.

John McDonough, Professional Planner, was previously sworn and continued his testimony. Mr. McDonough identified the variances being requested, stating that the use variances are due to the dual use and the existing use being non-conforming.

Mr. McDonough explained that when there is a use variance an applicant must satisfy the positive criteria, stating they must demonstrate that the proposed use promotes general welfare, which it does by providing advertising space for places, products and services, events, news and public service announcements and demonstrates free speech.  

Mr. McDonough referred to Exhibit A-25 and described how the various properties located near the proposed site already had a buffer in the form of trees and bushes. The Schedler property recently planted some trees and the applicant is proposing to work with the Village to plant additional trees.

Mr. McDonough stated that the site is suitable for the dual use as either use impedes or interferes with the other and there is no land use conflict as the sign is an inert use.

Mr. Standriff objected to Mr. McDonough’s comment regarding the evidence and said the Board needs to make the determination.

Mr. McDonough distributed a series of photos, which were marked as Exhibit A-26. The photos corelate with the numbered properties on Exhibit A-25 and were taken by a drone showing views to and from the subject site. Mr. McDonough explained all the photos.

Mr. McDonough showed a list of Outdoor Advertising Permits from the NJDOT for Ridgewood, which was marked as Exhibit A-27.

Mr. McDonough stated that the master plan refers to this stretch of Route 17 and what is proposed is not an out of scale visual intrusion and that it is a highway commercial use surrounded by highway commercial uses.

Mr. McDonough referred to Ms. Bucci-Carter’s planning report which mentioned surrounding historic properties and explained how the sign would have minimal impact on those properties.

Mr. McDonough stated that the benefit outweighs the detriment and referred to existing zoning as shown on page 20 of the master plan, which was marked as Exhibit A-28.

Mr. McDonough stated that the Route 17 is a land use and is a constant use and is the dominant land use, the subject site is in the OB-2 zone and across the highway is an AH-3 zone, which would allow a building height of 45 feet and a 50-foot setback with a buffer.

Mr. Standriff asked Mr. McDonough if he visited the subject site during business hours and if it was an active land use. Mr. McDonough said it was an active business. Mr. Standriff clarified the height of the proposed sign and asked if it would be a significant object on the parcel as compared to the existing building on the property. Mr. Standriff gave a copy of the OB-2 regulations, marked as Exhibit O-1, which gave the setbacks permitted in the zone. Mr. McDonough said the sign would not stand out due to the other physical features in the landscape, such as trees and telephone poles. Mr. Standriff asked why there were no photos taken from within the cemetery. Mr. McDonough said that the cemetery is in the blackout zone shown on prior exhibit. Mr. Standriff asked about the visibility of the structure itself. Mr. Standriff asked if the benefits of the sign could be done in a smaller scale.

Public questions:

Susan Ruane, 705 Kingsbridge Road, asked for clarification regarding the height of the sign and what messages would be shown on the sign.

Cynthia O’Keefe, 542 West Saddle River Road, said that 548 Route 17 is not an abandoned property and asked how that property would be impacted by the sign. Ms. O’Keefe asked if they took the neighbors into consideration and the people who walk along the path at the Park and Ride. Mr. D’Arminio said the traffic expert still needs to testify.

Madeline Canzani, 506 Sterling Place, asked about any control regarding the public service announcements and ads once the sign is up.

Jacqueline Hone, 30 Carriage Lane, asked if any photos were taken after dark or after the leaves fall. Mr. McDonough said that at night there is already ambient light. Ms. Hone asked about the proposed landscaping Mr. D’Armino referred to. Mr. Whitaker said that the Board could consider a stipulation regarding the proposed landscaping to be approved by the Village Engineer. Ms. Hone asked the landscaping could be extended further on Route 17. Mr. McDonough said they could not plant where it would block access for the business.

Patricia Infantino, 6 Darby Court, asked if there was any study on the impact of the billboard on drivers and how it may distract them. Mr. D’Arminio said that the traffic expert had already testified regarding that. Ms. Infantino said that 1/3 of trees on the berm have died due to lack of irrigation and that should be taken into consideration.

Frank Mortimer, 426 Van Buren Street, asked about the negative impact on the town and why they would offer to spend money on mitigation and buffers if there was no negative impact. Mr. D’Arminio said the applicant is trying to address the concerns of the neighbors. Mr. Mortimer asked about the impact on the historic sites.

Linda Tarzian, 576 Highland Avenue, asked about the applicant’s budget for the landscaping and how long it would take for trees to grow 20-40 feet. Mr. Brown said that questions could be asked after a plan is submitted.

Rohan De Silva, 521 West Saddle River Road, asked for more information about the drone operator.

Kristina Millian, 530 West Saddle River Road, asked that the historic nature of the Zabriskie-Schedler house be respected. Ms. Millian asked about the berm and if they were aware that there may be wet lands and some contamination issues. Ms. Millian asked if Mr. McDonough was an arborist, he said he is a landscape architect. Ms. Millian asked about content of the advertising.

Denise Lima, 219 East Glen Avenue, asked about the proposed landscaping.

Walther Rothaug, 558 Hillcrest Road, asked about the effect of the sign on birds. Mr. McDonough said there have not been any studies done regarding that. Mr. Rothaug commented on Mr. McDonough’s lack of historical knowledge.

Matthew Rossi, 28-30 Chestnut Street, asked if Mr. McDonough saw invasive trees in the photo of 548 Route 17. Mr. Rossi asked if the sign could be smaller. Mr. McDonough said the proposed sign is on the smaller side of the spectrum.

Kathryn Schmidt, 123 South Irving Street, asked why the other signs in Ridgewood, such as the Hillman and Gilsenan signs, were mentioned. Mr. McDonough said they are the only other billboards signs in the town. Ms. Schmidt said they are signs painted on the building. Mr. McDonough said they are very different signs.

Frettra De Silva, 521 West Saddle River Road, asked about the content of the sign and how it is a positive and asked if it could include information about cannabis distribution. Mr. McDonough said it could. Ms. DeSilva asked about the berm on Route 17 and asked if Mr. McDonough was aware of the requirements for SHPO approvals. Mr. McDonough said that outside agency reviews will need to be done. Ms. De Silva asked about the impact of different types of structures and how the height and the light needs to be considered. Ms. De Silva asked about the impact of the billboard if the property across the highway was developed with affordable housing.

Arlene Berlamino, 76 Fardale Avenue, Mahwah, had questions related to the Old Paramus Church and the cemetery and asked why the photos were taken so far from the cemetery and parking lot. Ms. Berlamino asked what the back of the billboard would look like.

Darlene Haderthauer, 470 Albin Court, asked for pictures taken between November and April when the leaves are off the trees and pictures of the rear of the structure.

The hearing was carried to November 28, 2023 without further notice.

Discussion:   Planning Board referral of amendments to various sections of Chapter 190 of the Village of Ridgewood, Land Use and Development and a section of Chapter 145, Enumeration of Fees. This discussion was tabled until the next meeting.

The meeting was adjourned at 11:58 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           October 10, 2023

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

June 27, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:08 p.m.

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

Absent:  Gary Negrycz and Jamie Fox were absent.

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.

Minutes: The minutes from May 23, 2023 and June 13, 2023 were adopted.

Public hearings:

Mr. Brown announced the following:

-        The Chan, 664 Wyndemere Avenue, application had been withdrawn.

-        The Kaptain, 645 Hillcrest Avenue, application was carried to August 8, 2023 without further notice.

Old Business:

FATMIR FANDA – An application to permit the construction of a two story addition which would result in a building height of 31.29  feet, where 30 feet is permitted; distance of 11.2 feet, to the existing garage, where 12 feet is required; coverage by improvements of 48.8%, where 45% is permitted; and for the construction of a second story addition which would maintain a side yard of 5.8 feet, where 10 feet is required; aggregate side yards of 15.9 feet, where 18 feet is required; coverage by above grade structures of 26.1%, where 25% is permitted; and gross building area of 43.8%, where 40% is permitted at 116 Woodside Avenue, Block 3708, Lot 7, in an R-3 Zone. (Continued from May 9, 2023 without further notice)

Mr. Fanda, homeowner, was present and was previously sworn.

Jonathan Babula, architect, was previously sworn and testified regarding the revisions made in consideration of the Board’s comments at the previous meeting. Mr. Babula stated that the area in the attic was reduced to a half story and explained how the building height was determined. It was determined that an error was made regarding the gross building area of the attic, which reduced the percentage to 40.4%/2,307 square feet.

Board members asked if there was a variance needed for parking. Mr. Barree said that 3 parking spaces are needed, and Mr. Fanda confirmed that 3 parking spaces are available. Board members asked about the basement access, which Mr. Fanda said was by a bilco door only.

Board members asked for a breakdown of the gross building area. Board members asked if Mr. Fanda would consider removing the parking space in the front of the house and making the driveway width conforming, at a width of 12 feet with Belgian block, to reduce the impervious coverage and if he would stipulate that the bilco door would remain as the only access to the basement. Mr. Fanda agreed.

There were no questions or comments from the public.

Mr. Babula clarified the conditions and corrections to be made.

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

New Business:

MICHAEL & VICTORIA EDWARDS – An application to permit the construction of a one-story addition and new patio which would result in a front yard setback on Claremont Road of 30.8 feet, where 40 feet is the minimum required for the Property located at 333 Orchard Place, Ridgewood, New Jersey and shown on the Tax Map of the Village of Ridgewood as Block 2601, Lot 6. The Property is in the R-1 Zone.

Michael and Victoria Edwards, homeowners, were sworn. Mr. Edwards described the existing conditions on the property and testified regarding the proposed addition. Mr. Edwards explained that the addition is modest and will not exacerbate the existing non-conforming setback. Mr. Edwards testified that no coverage variances are being requested.

Board members asked for clarification of the variances and asked about the hardship. Mr. Edwards went over the zoning table and the hardship is due to the location of the lawfully existing structure on the lot.

Mr. Barree asked about the bilco door. Mr. Edwards said the door was being relocated as they would be expanding the basement, but it would remain a bilco door.

Mr. Whitaker clarified that the rear yard setback did not require a variance although the zoning table said it did. The zoning table will be corrected.

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.

Old Business:

OUTFRONT MEDIA LLC – An application for preliminary and final major site plan approval for the construction and operation of a single pole, double faced, digital multimessage advertising sign which is a prohibited use and will result in a second principal use; expansion of an existing non-conforming use and bulk variance relief at 500 Route 17 South, Block 4703, Lot 10, in the OB-2 Zone. (Continued from April 11, 2023 without further notice)

Mr. Pickholz recused himself from this hearing and left the meeting at 8:09 p.m.

Lou D’Arminio, Esq., was present on behalf of the applicant. Mr. D’Arminio went over the previous testimony and stated that the concerns brought up by residents would be addressed at this meeting.

Doug Standriff, Esq., was present on behalf of the objector, AK Realty LLC.

Brett Skapinetz, Engineer, was previously sworn. Mr. Skapinetz distributed an exhibit, marked as Exhibit A-20, which showed the visibility of the narrow view technology. Mr. Skapinetz stated that the angle was reduced by 25°, to 45°. Mr. Skapinetz showed a video, form Oak Park, Michigan, marked as Exhibit A-21, which demonstrated the narrow view technology. A PowerPoint of the same was marked as Exhibit A-22. Mr. Skapinetz showed an aerial view of the area around the proposed site for the sign, marked as Exhibit A-23, which showed the visibility of the sign from the specific locations of the residents who expressed concern. Mr. Skapinetz stated that even the locations which would be in the line of vision have trees that would obstruct the view.

Mr. Standriff asked about the louvers and how they worked, Mr. Skapinetz explained that it is due to the length of the louver. Mr. Standriff asked about the benefit of being in the dark area of Exhibit A-23, as they would see an elevated, unlit black structure.

Public questions:

Dave Ward, 552 Route 17 North, said his property was in the red zone and that it would eventually be developed and asked how it would be affected by the light of the sign. Mr. Skapinetz said that a miniscule amount of light would be visible.

Jane Shinozuka, 825 Norgate Drive, asked for clarification of the dark area on Exhibit A-23 and what would be seen at night. Mr. Skapinetz explained that no light would be seen in the dark area. Ms. Shinozuka asked on what basis a variance would be granted. Mr. Whitaker said that would be the testimony of a different witness.

Susan Ruane, 705 Kingsbridge Lane, asked if a 3D rendering could be done. Mr. Skapinetz said they had the video, Exhibit A-21. Ms. Ruane asked how the night sky would be affected. Mr. Skapinetz said it wouldn’t be affected.

Madeline Kenzani, 506 Sterling Place, asked about the impact on traffic and drivers. Mr. Whitaker said that was covered in prior testimony and the transcripts are available. Ms. Kenzani asked about the impact on wildlife. Mr. Skapinetz said no study has been done on that.

Charles Handy, 695 Kingsbridge Lane, said that Kingsbridge Lane would be fully exposed and he would like to know if even 1 residence would be affected by the bill board. Mr. Skapinetz said that no residence would be affected by the light as the illumination would not go beyond the yellow ‘cone’.

Jamesine Burke Clark, 24 N. Hillside Place, asked if the billboard on Route 287 is similar to this one. Mr. Skapinetz said he wasn’t sure which billboard he meant and he doesn’t know what technology was used for that one. Ms. Clark asked about the impact on the cemetery. Mr. Skapinetz said the cemetery is within the visibility cone. Ms. Clark asked about the height of the sign.

Matthew Rossi, 28 Chestnut Street, asked why this technology wasn’t proposed at the beginning of the hearing. Mr. Whitaker said the purpose of a public hearing is to give the applicant the opportunity to hear the concerns and revise the plans if needed.

Joe Boylan, 360 Walthery Avenue, asked Mr. Skapinetz if he had ever testified on this technology before. Mr. Skapinetz said he has. Mr. Boylan asked if the lights give off electromagnetic radiation and if the information being testified to is based on data from the manufacturer.

Paul Markosian, 360 Gilbert Street, asked if there was anything comparable nearby. Mr. Markosian was asked to look at the transcripts for that testimony.

Rohan De Silva, 521 West Saddle River Road, asked about which trees block the view. Mr. De Silva asked how the Michigan video could compare to this sign and asked about the height difference and the drone operator. Mr. De Silva said that many of the objectors were not listed on Exhibit A-23.

Cynthia O’Keefe, 542 West Saddle River Road, asked why her neighbor was not on the list of Exhibit A-23. Mr. D’Arminio said the residents who had spoke at the previous meeting were listed.

Frettra De Silva, 521 West Saddle River Road, asked how the visibility was affected by the trees and what criteria was used by the Board to render a decision. Mr. Whitaker explained the process.

Jaqueline Hone, 30 Carriage Lane, asked about the gray shaded area on Exhibit A-23. Ms. Hone asked if the applicant was aware of the historic elements in the area around the sign. Ms. Hone was told that would be addressed by another witness.

Diane Hadethauer, 470 Albin Court, asked if the angle of the sign changed by day or night and when it is brighter. Mr. Skapinetz said it is brighter during the day and it is adjusted automatically by a sensor.

John McDonough was sworn and his credentials as a Professional Planner were accepted. Mr. McDonough testified regarding the standard planning analysis done for this application. He testified regarding the existing conditions, proposed conditions, the zoning established for the site, and the positive and negative criteria that would apply in the Municipal Land Use Law.

Mr. McDonough distributed a google street map, marked as Exhibit A-24, showing Ridgewood and surrounding area and the location of the sign and its approximation to the highway.

A key map and photo packet, marked as Exhibit A-25, was distributed which showed the subject property.

Mr. McDonough testified as to the uses that could be in the OB-2 Zone.

Mr. McDonough identified the variances being sought.

The hearing was carried to September 12, 2023 without further notice.

The meeting was adjourned at 10:45 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:            July 25, 2023

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

July 11, 2023

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:36 p.m.

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

Absent:  Greg Brown, Michael Pickholz and Jamie Fox were absent.

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:

New Business:

MICHELLE DOLAN – An application to permit the enclosure of the existing porch and construction of new stairs and landing which would result in coverage by above grade structures of 23.33%, where 20% is permitted, and gross building area of 36.15%, where 35% is permitted at 683 Midwood Road, Block 4604, Lot 13, in an R-2 Zone.

Albert Arencibia was sworn and his credentials as a licensed architect accepted.

Mr. Arencibia testified regarding the variances being requested and noted that an additional variance for the distance between the principal structure and the garage was needed, as there is 8.5 feet between the structures, where 12 feet is required.

Mr. Arencibia went testified regarding the survey, floor plans and elevations of the proposed improvements. Photos were distributed, which were marked as Exhibit A-1.

Mr. Whitaker asked for clarification regarding where the deck is on the survey, and where the porch is on the plans. Mr. Arencibia explained that the existing deck is being enclosed, with the only additional coverage being the landing and steps.

Ms. Ruhl asked about the calculations on the zoning table. Mr. Bandelt asked the architect to go through the line items on the zoning table.

The applicant took a break to go over the numbers.

CAITLIN FINK &JAMES COVIELLO – An application to permit the installation of a patio which would result in side yards of 4.16 feet, 5.16 feet and 6 feet where 10 feet is required at 351 Rugby Court, Block 2908, Lot 12, in an R-2 Zone.

James Coviello, homeowner, was sworn and described the irregular shape of the property and the proposed patio expansion.

Board members asked about any proposed planting and expressed concern for the neighbor nearest the proposed patio. Board members asked for clarification regarding the square footage of the patio. Board members asked if the applicant would be amenable to reducing the size to allow room to plant arborvitae along the patio.

Mr. Coviello agreed to increase the setback from 4.16 feet to 6.2 feet, and from 6 feet to 8 feet, and to plant 6-foot arborvitae.

There were no questions or comments from the public.

Following Board deliberation, Ms. Ruhl made a motion to approve with the conditions stated, Mr. Maxwell seconded, and the application was approved, 4 votes yes and 2 members voting against.

ERIC WEIL – An application to permit a one story addition and new retaining wall which would result in a front yard setback to the addition of 23.8 feet, where 40 feet is required, and the disturbance of 53.3% of a steep slope area, where 35% is permitted at 502 Downing Street, Block 1514, Lot 2, in an R-2 Zone.

Charles Rabolli, Jr., Esq., entered his appearance on behalf of the applicant and made opening remarks.

Sandra Weil, homeowner, was sworn and testified regarding the reason for the variance request and their desire to age in place. Ms. Weil explained the photos which were submitted with the application, which were marked as Exhibits A-1a thru A-1e, showing the existing conditions on the property.

Robert Weissman was sworn, and his credentials as a licensed engineer accepted. Mr. Weissman testified regarding the site plan and described the location of the proposed addition. Mr. Weissman made a correction to the site plan, stating that the proposed side yard setback is 10 feet. Mr. Weissman went over the drainage calculations and the steep slope disturbance. Exhibit A-2 showed the proposed steep slope disturbance. Mr. Weissman stated that although a variance was needed for front yard setback, the addition will be further back than what already exists.

Mr. Whitaker clarified the setbacks.

Board members asked why the addition was not pushed back further, which would be answered by the architect. Board members asked about the steep slope disturbance. Mr. Weissman stated that the disturbance would be mainly during construction. Board members asked about the additional wall and Mr. Weissman stated that the purpose of the wall is to level the area where the addition is going. Mr. Whitaker asked about the height of the wall, which the engineer said would not be more than 4 feet.

Augusto Morpurgo was sworn and his credentials as a licensed architect and professional planner accepted. Mr. Morpurgo testified regarding the plans he prepared and described the addition which would allow the applicant to enjoy the yard, and explained why it could not be moved further back.

Mr. Morpurgo gave planning testimony stating that the proposed small addition would not be detrimental to the public good or to the Zoning Ordinance.

Board members asked about the ceiling heights and the elevations. Board members asked where the double doors exited to. Mr. Morpurgo said there could be no patio and Ms. Weil explained that the doors exited to a walkway.

There were no questions or comments from the public.

Mr. Rabolli made closing remarks.

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

MICHELLE DOLAN, 683 Midwood Road (continued) – Following further discussion regarding the zoning table, additional coverage and gross building area calculations, the hearing was carried to July 25, 2023 without further notice.

GERRY & KATHERINE CORMICAN – An application to permit the construction of a new covered porch, covered portico, landscape walls, piers and steps which would result in a front yard setback to the steps of 20 feet, to the porch of 21.7 feet, and to the portico of 22.5 feet, where 45.5 feet is required; and retaining wall height up to 7 feet, where 4 feet is the maximum height permitted at 125 Crest Road, Block 2004, Lot 20, in an R-110 Zone.

Gerry and Katherine Cormican, homeowners, were sworn.

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

Mr. Schlicht distributed photos of the existing condition of the property. Mr. Schlicht commented that one hardship of the property is that Crest Road is 25 feet wide and the existing home is built close to the street, most likely due to the slope of the property. The applicant is proposing to renovate the front yard, making architectural and landscape improvements, including the front covered porch, steps, walls and piers.

Mr. Schlicht displayed the Riverstone hardscape rendering, which showed the proposed driveway. Mr. Schlicht stated that the driveway area in the front of the property was needed due to the difficulty in backing out of the property.

Mr. Schlicht testified that the variance for the wall is to replace the existing wall which is falling apart. The wall would be 12 feet long and start at 7 feet in height and gradually go down.

Mr. Schlicht went over the elevations and identified the variances being requested.

Board members asked about the driveway and if it was necessary. Board members expressed concern that it is located 3 – 4 feet from the sidewalk and would be a parking spot. Board members asked why vehicles couldn’t turn around in the large driveway behind the house.

The applicant requested that the application be bifurcated. The Board will review the variance for front yard setback and wall height separately from the variance for driveway width.

Public questions:

Kevin Collins, 135 Crest Road, asked about drainage and grading.

Public comment:

Kevin Collins, 135 Crest Road, was sworn and commented that the proposed changes look good but that he is concerned about the hardscape and drainage issues. Mr. Collins said he would want to see the applicant submit plans for drainage mitigation. Mr. Whitaker said that the Village Engineer will review the plans in regards to drainage.

Following Board deliberation, a motion was made by Mr. Negrycz to approve the front yard setback variances and wall height, Mr. Papietro seconded, and that part of the application was approved.

Mr. Negrycz made a motion to deny the variance to permit driveway to exceed 25 feet in width, Ms. Ruhl seconded, and that part of the application was denied.

MAX & MARISSA LAKIN – An application to permit the construction of a two story addition and second story addition and installation of air conditioning equipment which would result in a side yard setback to the addition of 9.9 feet, where 10 feet is required; combined side yard setback of 32.5 feet, where 33 feet is required; total coverage by above grade structures of 23%, where 20% is permitted; total gross building area of 36%, where 35% is permitted; setback of air conditioning equipment of 6.4 feet, where 10 feet is required at 321 Abbey Court, Block 2908, Lot 18, in an R-2 Zone.

Maxwell and Marissa Lakin, homeowners, were sworn. Mr. Lakin made opening remarks.

Joseph Cestaro was sworn and his credentials as a licensed architect accepted.

Mr. Cestaro testified regarding the property, which he described as undersized and narrow. Mr. Cestaro described the existing conditions on the property and the existing nonconformities. Mr. Cestaro described the proposed addition, identified the variances and showed the elevations and floor plans, commenting that addition is modest and the nonconforming setbacks are not being exacerbated.

Board members asked if the applicant would be willing to eliminate the shed section of the existing garage and if they could put the air conditioning units in a conforming location.

The applicants said they would revise the plans and the hearing was carried to July 25, 2023 without further notice.

Memorialization of Resolutions: The following resolutions were memorialized:

-        Edwards, 333 Orchard Place

-        Fanda, 116 Woodside Avenue

The meeting was adjourned at 10:40 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           August 8, 2023