VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 14, 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.

Oath of Office was taken by Jason Curreri.

Present:         Present:  Greg Brown, Matthew Bandelt, Diana Ruhl, Isaac Lebow, 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

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Chairman Brown announced that the Reynolds 128-130 Ackerman Avenue, application has been withdrawn; the Maher, 250 Libby Avenue, application has been withdrawn; and the Morgan, 323 Franklin Avenue, application was carried to October 26, 2021, without further notice. 

New Business:

STEVEN LIBENSON and ELAINE DIVELBLISS – An application to permit the construction to enclose a front covered porch which will result in a front yard setback of 38.25 feet, where 40 feet required and a gross building area of 26.8% / 5357 sq. ft., where 24% / 5000 sq. ft. is permitted; and gross building area within 140 ft. of the front lot line of 38.3% / 5357 sq. ft., where 29% / 4620 sq. ft. is permitted at 41 Clinton Avenue, Block 2402, Lot 18, in an R-1 Zone.

Ms. Ruhl and Mr. Bandelt recused themselves from this application.

Elaine Divelbliss, homeowner, was sworn and made opening remarks explaining that they got a variance 7 years ago and never finished the project. They now want to construct an enclosed porch.

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified in regards to what is existing on the property, explaining that what is proposed will have the same footprint as what was previously approved, but will be enclosed and they are requesting a variance for gross building area. The proposed enclosed porch will maintain the historic aspect of the house.

Board members asked for clarification regarding the floor plan and asked if the enclosed porch would be for year round use. Mr. Schlicht said it would be.

There were no questions or comments from the public.

Ms. Divelbliss made closing comments.

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

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 March 30, 2021; Carried from July 27, 2021 without further notice)

Robert Garibaldi was present on behalf of Mr. Roos. Mr. Garibaldi had Mr. Roos testify in regards to the approval requested in 1999 for an expansion of the nonconforming use and that he never implemented the expansion, but that the property continued to be used as a nursery, garden center.

Board members asked about the dates of use, who it was used by and how it has been used since Mr. Roos rented out the property in 2011. Board members asked if it could be a requirement that there would be no subleasing.

Christopher Ruthishauser, Village Engineer, was sworn. Mr. Rutishauser stated that there are photos that show there are several tenants on the site now. Mr. Whitaker said it would be an expansion of a non-conforming use and they would need to return to the Board for a ‘d’ variance to sublease.

Jacqueline Hone, 30 Carriage Lane, asked how many tenants were on the property now. Mr. Roos said there was one tenant using the property to store vehicles at this time. Ms. Hone asked if the property had been used as a nursery since 2019. Mr. Roos said it has not been as the property is for sale. Ms. Hone asked if there was any plan to rectify the disputed buffer. Mr. Garibaldi said there was nothing pending in regards to that. Ms. Bucci-Carter said that the buffer issue could be subject of future site plan application. There was further discussion regarding the buffer and what was there and how long it was there.

Joseph Burgis was sworn and his qualification as a professional planner accepted. Mr. Burgis testified regarding the report he prepared. Mr. Burgis said this was an unusual situation as the use existed prior to zoning.

Board members had no questions for Mr. Burgis. Ms. Bucci-Carter said that the concern is that there is more construction use on the property now and how would the Village be assured that the garden nursery use would be the only use.

There were no questions from the public for Mr. Burgis.

Public comment:

Jacqueline Hone, 30 Carriage Lane, was sworn. Ms. Hone said there were discrepancies in the application, but upon further discussion it was determined the application is correct. Ms. Hone spoke about the Google photos she submitted showing the structure on the property. Mr. Roos said the structure was there since before 1999. Ms. Hone and Mr. Rutishauser said there were additional structures. Mr. Roos would have any additional structures removed. There was discussion regarding the original structure which Ms. Hone says was moved, and Mr. Roos says is in the same footprint. Ms. Hone says she has documents to prove that the structure has been moved and would submit them.

Emily Roos was sworn and testified that she grew up on the property helping her father, Eric Roos, and stated that the structure had not been moved.

Anthony Dimeglio, 557 Egan Terrace, Rivervale, was sworn and stated that he and his family did business with Mr. Roos since the early 1980’s and that they did all aspects of landscaping business.

Mr. Whitaker instructed the Board on what they needed to consider. After further discussion the matter was carried to September 28, 2021 for deliberation and vote, without further notice.

Resolution memorialization:           The following resolutions were memorialized:

• Boyan, 323 Steilen Avenue, Block 3301, Lot 28
• Carlone, 897 Best Court, Block 5003, Lot 18

The meeting was adjourned at 10:27 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved: September 28, 2021

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

April 27, 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 April 13, 2021 were adopted.

Resolution memorialization:  The following resolutions were memorialized:

• Konzelmann, 126 Sunset Avenue
• Silver Falls Company, LLC, 561 Cliff Street

Non-agenda items:

Members of the public comments: There were no comments at this time. 

Board member comments: Chairman Alegre mentioned that there had been public comment at a recent Council meeting regarding fence height for residential uses.

Public Hearings:

Chairman Alegre announced that the Tripp, 33 Bryden Place, application would need to re-notice. Chairman Alegre announced that the Katzevich, 244 Ackerman Road, application was carried to May 25, 2021, without further notice.

New Business:

ANDREA RACKOW & RICHARD CATANZARO – An application to permit the construction of an attic dormer addition, which would result in a front yard setback on Shelton Road of less than 40 feet, where 40 feet is required at 640 Shelton Road, Block 3308, Lot 6, in the R-2 Zone. Andrea Rackow, homeowner, was sworn.

Anthony Addesso was sworn and his credentials as a licensed architect accepted. Mr. Addesso testified as to the existing conditions on the property and described the corner lot as undersized. Mr. Addesso explained that the existing structure has a nonconforming front yard setback facing Shelton Road and Walthery Avenue. The proposed dormer will not exacerbate the nonconformity.

Board members asked if they could move the dormer 2.5 feet to comply. Mr. Addesso said the room would be unusable and not centered. Board members asked why the space was being added in the attic. Mr. Addesso said it was more practical than expanding the foot print or adding height. Board members asked if all the area in the attic which has a height of 7 feet or more was counted in the gross building area. Mr. Addesso said he only counted the livable space.

There were no questions or comments from the public.

Mr. Addesso made some closing comments.

Following Board deliberation, Mr. Negrycz made a motion to approve with the condition that the additional attic space is calculated into the gross building area and a revised zoning chart be submitted. Mr. Lebow seconded, and the application was approved.

Mr. Whitaker left the meeting and Ben Cascio, Esq., substituted as Board attorney for the remainder of the meeting.

ADAM BROWN – An application to convert the home into a two-story home which would result in a rear yard setback of 25.50 feet, where 30 feet is required at 386 Berkshire Road, Block 4505, Lot 36, in the R-2 Zone. (Carried from April 13, 2021 without further notice) Chairman Alegre, Mr. Lebow, Mr. Perlman and Mr. Pickholz recused themselves from this hearing.

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

Edwin Sherman was sworn and his credentials as a licensed architect accepted. Mr. Sherman described the property and the existing conditions on the lot. Mr. Sherman explained that an add-a-level was being proposed with a cantilever on the front. Mr. Sherman explained that a portion of the home already encroaches in the front yard, but they will not exacerbate the encroachment. The existing covered patio has been removed and a new open porch is proposed. Mr. Sherman reviewed the coverage calculations, stating that there are no coverage variances being requested. The attic will not be finished and will have pull down stairs. The existing footprint of the home will not change. Mr. Sherman said the shape of the lot is the hardship.

Board members asked about the abutting property. Mr. Rutherford explained that the property to the rear has a deep lot which is wooded and the proposed improvements would not have an impact on that property.

There were no questions or comments from the public.

Mr. Rutherford made closing remarks.

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

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

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved: May 25, 2021

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

August 24, 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 and Jonathan Papietro. Also present were Bruce Whitaker, Board Attorney; and Jane Wondergem, Board Secretary. 

Absent:          Diana Ruhl, Isaac Lebow, Michael Pickholz

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 Morgan, 323 Franklin Avenue, application, was carried to September 14, 2021, without further notice; and the McCann, 236 Walthery Avenue, application was carried to October 12, 2021 without further notice.

New Business:

DOUGLAS LEVENTHAL & JESSICA GORGO – An application to permit the construction of a rear covered open porch which will result in coverage by above-grade structures of 23.2 %, where 20 % is permitted and coverage by improvements of 45.6%, where 40 % is permitted at 143 Brookside Avenue, Block 4010, Lot 14, in an R-1 Zone. Roger Schlicht, the applicant’s architect, said they wished to carry the hearing to the next available meeting as there were only 4 Board members. The application was carried to September 28, 2021 without further notice.

JOSEPH CARLONE – An application to permit the construction of a patio which would result in a side yard setback of ±4 feet, where 10 feet is the minimum required at 897 Best Court, Block 5003, Lot 18, in an R-1 Zone.

Joseph Carlone was sworn. Andrew Lala was sworn and his credentials as a landscape architect accepted. Mr. Lala described the proposed patio which will be located behind the existing garage within the existing wall.

Board members asked if the patio would extend past the wall. Mr. Lala said it would not.

Board members asked about the resolution the applicant has with the Ridgewood Water Department. The resolution was marked as Exhibit A-1. Mr. Whitaker asked if there was an acknowledgement from the Water Department in regards to the proposed patio. Mr. Carlone said the terms of the agreement were that if there was a need to disturb the patio, the Village would not be responsible.

Board members asked if there would be any work on the wall. Mr. Carlone said he was going to improve the wall on both sides with stucco.

David Feigner, 903 Best Court, said the paint was chipping on the side that faces his property and asked if anything would be done about that. Mr. Carlone said he was going to paint stucco on both sides of the wall.

There were no comments from the public.

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

JAMES & KRISTEN BOYAN – An application to permit the construction of a second story addition which would result in a front yard setback of 35 feet to the addition, 35.5 feet to the cantilever, and 33.25 feet to the roof overhang, where 40 feet is the minimum required; a rear yard setback of 25.5 feet, where 30 feet is the minimum required; coverage by above-grade structures of 22.76%, where 20% is the maximum permitted; and the addition would result to be 9.5 feet to the garage, where 12 feet is the minimum required at 323 Steilen Avenue, Block 3301, Lot 28, in an R-2 Zone.

James and Kristen Boyan were sworn. Xiomara Paredes was sworn and her credentials as a licensed architect accepted. Ms. Paredes testified as to the existing conditions on the property and described the proposed addition. Ms. Paredes explained the property hardships as the existing location of the house and the existing nonconformities, the irregular shape of the lot and the substandard size of the lot. Ms. Paredes showed an aerial photo of the property and said the neighbors to the rear would not be impacted by the addition. Ms. Paredes described the floor plan, explaining that the addition is to make the second floor functional. Ms. Paredes described the elevations.

Board members asked if there were any other setback variances other than the cantilever. Ms. Paredes said there were not. Board members asked about the existing overage of above grade structures. Mr. Whitaker said it pre-dated zoning. Board members asked about the attic. Ms. Paredes said it was all under 7 feet and it was accessible only pull-down stairs.

There were no questions from the public.

Public comment:

Meghan Tozzi, 319 Steilen Avenue and Samantha Ferraro, 314 Steilen Avenue, were sworn and both spoke in support of the application.

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

Resolution memorialization:          The following resolutions were memorialized:

• Fedorov, 440 Cambridge Road
• Ahlborn, 313 Bedford Road
• Jackson, 169 Melrose Place

The meeting was adjourned at 8:35 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

August 10, 2021

Opening:

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:40 p.m.

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

Absent:          Gary Negrycz, Isaac Lebow, Michael Pickholz

Approval of Minutes: The minutes from July 13, 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 Reynolds, 128-130 Ackerman Avenue, application, and the Maher, 250 Libby Avenue, application were carried to September 14, 2021 without further notice. The McCann, 236 Walthery Avenue, application was carried to August 24, 2021, 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 50.3%, for the entire lot, where 45% is permitted and coverage by improvements of 55.2%, 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 July 13, 2021, without further notice)

Kelly and Daniel Morgan, homeowners, were present and previously sworn.

Douglas Battersby, architect, was previously sworn and described the revisions made to reduce the coverage.

Board members had questions about how the coverage came to be so far over what is permitted and asked what is existing there. Ms. Morgan said that no permits were needed for the paver patio and it was approved by Zoning. After discussion, the applicants agreed to reduce the patio area.

The hearing was carried to August 24, 2021, without further notice.

New Business:

BETH and MARK JACKSON – An application to permit the construction of a covered open porch which would result in a front yard setback of 35.8 feet, where 40 feet is the minimum required for the Property located at 169 Melrose Place, Block 2514, Lot 3, in an R-1 Zone.

Mark and Beth Jackson, homeowners, were sworn.

Lisa Cohen was sworn and her credentials as a licensed architect accepted. Ms. Cohen testified in regards to the proposed covered front porch. Ms. Cohen said that the pool in the back yard has been constructed and was compliant.

Board members asked about the size of the porch and how much of it was compliant. Ms. Cohen said about 50% of the porch was compliant due to the placement of the house on the property. Board members asked if there was a patio around the pool. Mrs. Jackson said there was not.

There were no questions or comments from the public.

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

The meeting was adjourned at 8:22 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved: September 14, 2021