VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 30, 2021

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:43 p.m.

 

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

 

Absent:  Gary Negrycz, Isaac Lebow, Michael Pickholz, Jason Curreri

 

Minutes:          The minutes from November 9, 2021 were adopted.

 

Non-agenda items:

 

Members of the public comments: Jacqueline Hone, 30 Carriage Lane, commented on the draft resolution for the Roos, 560 Route 17 North, application. Mr. Whitaker said that Ms. Hone should comment on the resolution when the resolution is addressed later in the meeting. 

             

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

 

Public Hearings:

 

The Leventhal/Gorgo, 143 Brookside Avenue, application was carried to January 11, 2022 without further notice.

 

New Business:

 

ROBERT JENNEE – An application to permit the construction of a second floor addition and two story addition which would result in a front yard setback of 28.22 feet, on Walthery Avenue, where 43 feet is the minimum required at 650 Wyndemere Avenue, Block 3504, Lot 1, in an R-2 Zone.

 

David Rutherford, Esq., entered his appearance on behalf of the applicant and made opening remarks.

 

Cesar Padilla was sworn and his credentials as a licensed architect accepted. Mr. Padilla described the lot and the existing conditions. Mr. Padilla explained that it is a corner lot and described the existing setbacks. The proposed front yard setback on Wyndemere Avenue will conform, the setback on Walthery Avenue is the only variance being requested. Mr. Padilla described the floor plans, stating that no coverage variances are being requested. Mr. Padilla testified that the existing patio will be removed and the proposed new patio will conform.

 

Mr. Whitaker asked if the entire patio, walkways and wall will be removed. Mr. Padilla said it would.

 

Board members asked about the second story addition and for clarification on the calculations. The gross building area calculation needs to be corrected but will not need a variance. There was a concern about the height and massing of the structure.

 

There were no questions from the public.

 

Robert Jennee, 191 S. Van Dien Avenue, was sworn. Mr. Jennee testified regarding the photos.

 

Board members asked if there would be landscaping on the right side of the house. Mr. Jennee said it would be.

 

Board members asked about the setback of the patio as it is within the front yard setback. The applicant stipulated that the patio will conform.

 

There were no questions or comments from the public.

 

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

 

JEFFREY & JOERETHA CABRANES – An application to permit the construction of a second story addition, a one story addition and expansion of the existing deck which would result in a side yard setback of 6.16 feet and 7 feet where 10 feet is the minimum required; total aggregate side yards of 13.16 feet where 18.81 feet is the minimum required; front yard setback of 24.75 feet where 52.5 feet is the minimum required; coverage by above grade structures of 21.98% where 20% is the maximum permitted and coverage by above grade structure of 31.88%, within 140 feet of the front lot line, where 20% is the maximum permitted; gross building area of 35.07% where 32% is the maximum permitted and gross building area of 50.86%, within 140 feet of the front lot line, where 35% is the maximum permitted; and a driveway width of 20 feet, where 11.4 feet is the maximum permitted at 329 Stilwell Place, Block 4103, Lot 12, in an R-2 Zone.

 

Jeffrey and Joeretha Cabranes, homeowners, were sworn and made opening remarks, describing what exists on the property and what they would like to do.

 

Vincent Cioffi was sworn and his credentials as a licensed architect accepted. Mr. Cioffi described the property and stated that the hardship was the shape and placement of the existing dwelling, as well as the narrowness of Stilwell Place and the front yard setback required and the narrow lot. Mr. Cioffi described the eight variances being requested, explaining that most of the variances are existing. Mr. Cioffi testified regarding the proposed floor plans.

 

Mr. Cioffi testified regarding the photos, some photos of the property as well as photos of the neighboring houses.

 

Mr. Cioffi testified regarding the proposed pool in the rear yard, which has conforming setbacks.

 

Board members asked about the attic space and the 2^nd floor addition. Board members commented that although the proposed front yard setback is comparable to other homes in the neighborhood, the other homes have front porches at that setback.

 

The applicants asked for time to discuss the Board members’ concerns.

 

Resolution memorialization:           Roos, 560 Route 17 North – Mr. Whitaker read from the resolution, describing the conditions and permitted uses.

 

Public comment regarding the Roos resolution – Nancy Friedman, 526 W. Saddle River Road, asked about the size of trucks that would be permitted, how many would be permitted and the number of businesses. Mr. Whitaker said no trucks would be permitted to park on the property and only one business can operate there.

 

Jacqueline Hone, 30 Carriage Lane, asked if they would be able to review and comment on the revised resolution prior to memorialization.

 

The memorialization of the Roos resolution was carried to December 14, 2021.

 

Mr. and Mrs. Cabranes returned to the meeting and asked that the hearing be carried so they can revise the plans. The hearing was carried to January 11, 2022 without further notice.

           

The meeting was adjourned at 9:43 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           January 11, 2022

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 23, 2021

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:46 p.m.

 

Present:         Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl (arrived at 8:10pm), Jonathan Papietro, Michael Pickholz (left at 9:10 p.m.) and Harold Maxwell. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

 

Absent:  Isaac Lebow, Jason Curreri

 

Minutes:          The minutes from November 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:

 

New Business:

 

THERESE WHEELER -  An application to permit the installation of an air conditioning condensing unit to remain within the required front yard setback from Phelps Road at 464 Summit Street, Block 1510, Lot 2, in an R-2 Zone. (Carried from October 26, 2021 without further notice)

 

Therese and Julian Wheeler, homeowners, were sworn. Ms. Wheeler testified that the unit had already been installed when they were notified that it was not permitted in that location. Ms. Wheeler testified as to photos showing where the unit is located. The hardship is due to the narrowness of Phelps Road. Ms. Wheeler explained why the unit cannot be located elsewhere on the property.

 

Board members asked about the existing shrubs around the unit and if they could plant additional shrubs to screen the unit. Board members asked that a survey showing the exact setback of the unit be submitted.

 

There were no questions or comments from the public.

 

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

 

Ms. Ruhl arrived to the meeting at 8:10 pm.

 

PAUL BRICKFIELD & NANCY SCAPPATICCI – An application to permit the construction of a second story addition and a two story addition which would maintain a side yard of 10.5 feet where 17.8 feet is the minimum required; would result in total coverage by above grade structure of 25% where 20% is permitted; total coverage by above grade structure, within 140 feet, of 25% where 20% is permitted; total coverage by improvement of 48.8% where 45% is the maximum permitted and total coverage by improvement of 50.5%, within 140 feet of the front lot line, where 45% is the maximum permitted at 257 South Irving Street, Block 4106, Lot 31, in an R-1 Zone. (Carried from October 26, 2021 without further notice)

 

David Rutherford, Esq., entered his appearance and made opening remarks, briefly describing what is proposed.

 

Peter Cooper was sworn and his credentials as a licensed architect accepted. Mr. Cooper gave a general overview of the property, what is existing on the property now and what is proposed. Mr. Cooper testified that the variances are within the existing footprint of the house and that the lot width is undersized. Mr. Cooper testified as to his drawings, describing the floor plans and what is being added and the variances being requested.

 

Board members asked about the location of the patio and the barbeque as it is less than 10 feet from the property line. Board members asked about the necessity of the walkways. Mr. Rutherford said the applicants would decrease the depth of the patio and reconfigure the walkway on the left side of the house and there would be no net increase of coverage.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Bandelt made a motion to approve the application pending review of the revised plans by the Site Plan Committee. Ms. Ruhl seconded the motion and the application was approved by a majority of the Board.

 

Mr. Pickholz left the meeting at 9:10 p.m.

 

IRVING BAUM – An application to permit the construction of a front porch, which would result in a front yard setback on Spring Avenue of 20.33 feet, where 40 feet is required; front yard setback on Circle Avenue of 12.08 feet, where 45 feet is required; a side yard setback of 8.82 feet, where 10 feet is required; and coverage by above-grade structure of 24.9%, where 20% is the maximum permitted at 532 Spring Avenue, Block 4301, Lot 6, in an R-2 Zone.  (Carried from October 26, 2021 without further notice)

 

Irving Baum, homeowner, was sworn.

 

Mr. Brown explained that Mr. Baum had submitted an application earlier in the year and that the Board needs to make a determination if this application falls within the parameters of Res Judicata. Following Board discussion, it was determined that the application could be considered a new application.

 

Mr. Baum testified as to the consideration made to submitting the new application with a proposed front porch as the Board had issues with the side porch in the previous application. Mr. Baum testified that the proposed porch is in keeping with the neighborhood and it will add curb appeal to the home. Mr. Baum described the hardship as being an undersized corner lot and the location of the existing house.

 

Board members asked about the front yard setback of the neighboring house. Board members asked about the shrubbery and what would remain. Mr. Baum said he would plant new shrubbery in front of the porch.

 

There were no questions from the public.

 

Public comment: Charles DiMarco, 225 Circle Avenue, was sworn. Mr. DiMarco stated that the whole neighborhood predates zoning and the coverage and setbacks are nonconforming. Mr. DiMarco spoke in support of the application.

 

Following Board deliberation, Ms. Ruhl made a motion to approve, Mr. Brown seconded, and the application was approved by a majority of the Board.

 

JONATHAN & JOYCE TAYLOR – An application to permit the construction of a deck which would result in a side yard setback of 13.48 feet, where 16 feet is required; total aggregate side yard setback of 29.73 feet, where 33.3 feet is required; and coverage by above grade structures within 140 feet of the front lot line of 28.12%, where 20% is permitted at 589 Westbrook Road, Block 4908, Lot 54, in an R-1 Zone.

 

Jonathan & Joyce Taylor, homeowners, were sworn. Sean Scott, project manager, was sworn.

 

Mr. Taylor testified that they proposed to expand the deck. Mr. Scott testified as to the variances being requested.

 

Board members asked about the hardship. Mr. Scott stated that the majority of the coverage on the property is within the first 140 feet of the front lot line as the house was built prior to that zoning ordinance, and the lot is disproportionately longer that it is wide.

 

Board members commented that the property is very large and Ms. Taylor said that much of the back yard is not usable due to the topography and flooding.

 

After further discussion the hearing was carried to December 14, 2021 without further notice.

 

Resolution memorialization: The Feddock, 162 Hope Street, resolution was memorialized.

           

The meeting was adjourned at 10:50 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           December 14, 2021

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 28, 2021

 

Opening:

 

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

 

Present:         Present:  Greg Brown, Matthew Bandelt, Diana Ruhl, Jonathan Papietro, Michael Pickholz and Jason Curreri. Also present were Bruce Whitaker, Board Attorney; Christopher Rutishauser, Village Engineer; Maryann Bucci-Carter, Village Planner and Jane Wondergem, Board Secretary. 

 

Absent:          Gary Negrycz and Isaac Lebow

 

Minutes: The minutes from September 14, 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 that the McCann, 236 Walthery Avenue, application was carried to October 12, 2021 without further notice. The Leventhal, 143 Brookside Avenue, application was carried to November 9, 2021 without further notice.

 

Old Business: 

 

ERIC ROOS – An application for Certification of Nonconforming Use at 560 Route 17 North, Block 4704, Lot 6, in an R-125 Zone. (Continued from July 14, 2021, without further notice)

 

Robert Garibaldi, Esq., was present with the applicant.

 

Jaqueline Hone, 30 Carriage Lane, an objector to the application, was present and was sworn. Ms. Hone testified as to the exhibits she submitted to the Board. Ms. Hone testified to the photos, a site plan of The Commons and a license agreement.

 

Mr. Garibaldi asked about the site plan and clarified that Ms. Hone did not submit a different survey than what had already been submitted. Mr. Garibaldi asked about the 2006 license agreement which had been terminated and the relevance. Ms. Hone said it showed that Mr. Roos removed the trees to make room for larger vehicles to turn around.

 

Ms. Bucci-Carter discussed the license agreement and the relevancy to this application. Ms Bucci asked about the intensity of the nursery use, what is existing and still in effect.

 

Mr. Rutishauser referred to his report from March and stated that the 2019 survey is accurate, especially as to the structures on the property. Mr. Rutishauser commented that the size of trucks to be permitted into the site could be a condition of approval.

 

Mr. Whitaker said the Board needs to look at the Marshall survey to see what was there at the time of the 1999 resolution. Mr. Whitaker instructed the Board as to they need to consider: 1) Is the use nonconforming? 2) If the use is nonconforming, what portion of the building is defined to be the nonconforming use? 3) What is the scope of the nonconforming use? 4) Has the use been abandoned?

 

Public comment:

 

Anthony DeMeglio, 557 Egan Terrace, Rivervale, commented on doing business with Mr. Roos and that the existing building and tree buffer zone was always there.

 

Jaqueline Hone summarized her objections regarding the application.

 

Board members asked about the size of the structure and Mr. Roos said it had been maintained and updated but the size stayed the same.

 

Mr. Garibaldi made closing remarks.

 

Following Board deliberations, Mr. Bandelt made a motion that the use is nonconforming, that the nonconforming use as defined in the 1999 resolution and what can be done there is only what is on the 1999 plan, any structures other than what was on the 1999 plan need to be removed, no occupancy until the Board reviews a new site plan, and the nonconforming use has not been abandoned. Ms. Ruhl seconded the motion and the motion carried.

 

New Business:

 

RUSSO FAMILY LP – An application to permit the construction of a new three story, mixed-use building consisting of commercial/retail use on ground floor, residential units on the second and third floors, and storage on the basement level, which will result in an increase in the permitted density; increase in the permitted floor area ratio; a rear yard setback of 10 feet, where 21.5 feet is required; and no parking spaces provided, where 15 parking spaces are required at 19-23 N. Broad Street, Block 3804, Lot 17, in a B-1 Zone.

 

Mr. Papietro recused himself from this application.

 

Joseph Mecca, Esq., entered his appearance on behalf of the applicant and made opening remarks regarding the application for a new building in a location where the previous building burned down.

 

Andrew Lapatka was sworn and his credentials as a professional engineer accepted. Mr. Lapatka testified as per the site plan he prepared showing the existing conditions and what is proposed. Mr. Lapatka stated that the foundation remained and a 3 story building with ground floor retail, apartments on the 2^nd and 3^rd floor and storage for the apartments and retail in the basement. Mr. Lapatka identified the variances being sought.

 

Mr. Rutishauser asked about the sidewalks and Mr. Lapatka said they would work with the Village regarding the sidewalks. Mr. Rutishauser asked if the side of the building protruded into the right of way, Mr. Lapatka said it did not.

 

Mr. Whitaker asked about the height of the new building, Mr. Lapatka said that 38.2 feet is proposed, where 45 feet is permitted.

 

Philip Wells was sworn and his credentials as a licensed architect accepted. Mr. Wells testified as to the drawings he prepared, revised to 8.24.21. Mr. Wells described the exterior elevations and the materials being used, he described the proposed signage, elevator and floor plans. Mr. Wells stated that there would be roof access for mechanicals and there would be a parapet eliminating any roof top equipment from being visible from the street.

 

Ms. Bucci-Carter commented that the revised drawings incorporated the comments from the Historic Preservation Commission, however commented on the size and location of the building number, and asked for specifics of the materials and recommended that a limestone based should be used instead of veneer. Ms. Bucci-Carter commented on the material for the railing and asked that the awnings be retractable. The ‘Russo’ sign will be part of the stone and not a separate sign.

 

Board members asked about the symmetry of the building, possible tenants and the materials used.

 

Kate Keller was sworn and her credentials as a professional planner accepted. Ms. Keller testified regarding the variances, any negative criteria and how the proposed building is compliant with the Master Plan.

 

There were no questions from the Board professionals.

 

Board members asked about the parking variance and if it was possible to have parking spaces. Mr. Rutishauser said that there are overnight parking permits in the CBD.

 

There were no questions or comments from the public.

 

Mr. Mecca made closing remarks.

 

Following Board deliberation, Mr. Pickholz made a motion to approve, Ms. Ruhl seconded, and the application was approved subject to the revision of the architectural plans.

 

EVOLVE MED SPA RIDGEWOOD, LLC –  1) An appeal of the Zoning Officer’s determination that the proposed spa is not a permitted use. 2) If proposed med spa not a permitted use, an application to request a use variance at 189 E. Ridgewood Avenue, Block 3702, Lot 9 in a B-1 Zone.

 

Dante Alfieri, Esq., entered his appearance on behalf of the applicant. Mr. Alfieri made opening remarks regarding the application for an interpretation of med spa use in a location where spa and salon use is permitted. Mr. Alfieri stated that there would be no modifications to the site other than interior.

 

Deborah Alaimo Lawlor was sworn and her credentials as a professional planner accepted. Ms. Alaimo Lawlor testified as to the B-1 zone and described the lot and the building. Ms. Alaimo Lawlor described the proposed use and defined ‘spa’ and explained the new term ‘med spa’, which is a combination of non-surgical cosmetic, non-medical, procedures which would require licensed professionals to perform. The business would be set up like a spa.

 

There were no questions from the professionals.

Board members asked if a doctor would need to be present. Ms. Alaimo Lawlor said a physician is needed only to oversee the services. Board members asked if any of the procedures offered needed medical insurance. The applicant said not.

 

Ms. Bucci-Carter said that this is the type of requests coming to the Zoning Officer and that spas have evolved over time to include these ‘med spa’ procedures.

 

There were no questions or comments from the public.

 

Mr. Pickholz made a motion that the proposed use for a medical spa should be determined to be a permitted use in the B-1 Zone, Mr. Bandelt seconded the motion and the motion carried.

 

Resolution memorialization: The Libenson/Divelbliss, 41 Clinton Avenue, resolution was memorialized.

 

The meeting was adjourned at 11:00 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: November 9, 2021

 

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

October 12, 2021

 

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

 

Absent:          Michael Pickholz

 

Resolution memorialization: The following resolutions were memorialized:

• Evolve Med Spa Ridgewood, LLC, 189 E. Ridgewood Avenue
• Russo Family LP, 19 N. Broad Street

 

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 that the Outfront Media, LLC, 500 Route 17 South, application was carried to November 9, 2021, without further notice.

 

New Business:

 

KAREN & KEVIN McCANN - An application to permit the construction of an above ground pool which will result in coverage by above grade structures of 30.6%, where 20% is permitted at 236 Walthery Avenue, Block 3308, Lot 13, in an R-2 Zone. (Carried from September 28, 2021 without further notice)

 

James Stevens, Esq., was present on behalf of the applicant and made opening remarks as well as describing the existing conditions of the property and stating that the property is an undersized lot.

 

Karen and Kevin McCann, homeowners, were sworn. Ms. McCann testified as to the drawing which was submitted, marked as Exhibit A-1. Ms. McCann displayed photos of the proposed pool and safety ladder being proposed and photos of the existing conditions on the property and the proposed location for the pool, and photos of an inflatable pool used in the same location for the proposed pool.

 

Board members asked about the size of the pool and how it would be drained. Board members asked about the existing coverage by above grade structure which is greater than 20%. The existing deck is not part of the above grade structures as it is not more than 12 inches above grade. Board members suggested that an in ground pool would not require a variance. Board members asked about the existing landscaping.

 

There were no questions or comments from the public.

 

The hearing was carried to November 9, 2021, without further notice so an updated plan could be submitted and the question of hardship can be addressed.

 

 

RICHARD JACOBSEN – An application to permit the construction of a one story addition which would result in gross building area for the whole lot of 20.74%, and gross building area within 200 feet of the front lot line of 23.12%, where 20% is the maximum permitted at 175 Elmsley Court, Block 2104, Lot 3.04, in an R-125 Zone.

 

Richard Jacobsen, homeowner, was sworn.

 

Vincent Graziano was sworn and his credentials as a licensed architect accepted. Mr. Graziano testified as to the existing conditions and the proposed enclosure of a portion of the existing covered porch to create office space to work from home.

 

Board members asked about the hardship. Mr. Graziano said the benefit to the applicant outweighs any public detriment. Mr. Whitaker explained the need for office space as he is working from home. Mr. Whitaker explained there would need to be a substantial public benefit. Board members asked if the addition could be lined up with the existing patio. Mr. Graziano explained that he pushed the wall further out due to the existing built-in cabinetry and shelving and an in-swinging door. Board members asked if there was space in the existing structure that could be used for office space. Mr. Jacobsen explained that it could not. Mr. Graziano stated that the addition is minimal and is not visible from the street.

 

There were no questions or comments from the public.

 

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

 

Discussion: Annual Report – Mr. Brown said he would write a cover page and prepare the report to be reviewed at the next meeting.

 

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

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: November 9, 2021