VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

May 25, 2021

 

Opening:

 

The virtual public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:32 p.m.

 

Present:  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. 

 

Absent: Sergio Alegre

 

Approval of Minutes: The minutes from April 27, 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:

 

Mr. Brown announced that the Katzevich, 244 Ackerman Avenue, application was carried to June 8, 2021 without further notice.

 

New 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 46.9%, for the entire lot, where 45% is permitted and coverage by improvements of 50.8%, 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.

 

Daniel and Kelly Morgan, homeowners, were sworn and Ms. Morgan made opening remarks regarding the proposed changes to the home which was previously owned by her grandparents.

 

Douglas Battersby was sworn and his credentials as a licensed architect accepted. Mr. Battersby testified regarding the existing conditions at the home and the front porch which was added to the house in the 1960s. Mr. Battersby explained that when the driveway was paved, the steps to the side door were removed and what is proposed will move the entrance to the front and enhance the aesthetics of the house. A front walkway is also proposed.

Board members asked about the driveway and if it was reviewed by the zoning officer. Board members asked about a discrepancy in regards to the survey and the zoning table. Mr. Battersby stated that the numbers on the drawings and zoning chart are correct.

 

There were no questions from the public.

 

The hearing was carried to July 13, without further notice. The applicant was instructed to have an updated survey completed, have the zoning calculations updated, and show that the driveway was approved.

 

FARHAN RASHEED & RUMANA SULTANA – An application to permit the installation of an above ground pool and extension of existing deck which would result coverage by above grade structures of 20.37%, where 20% is permitted and coverage by above grade structures within 140 feet of the front lot line, of 21.36%, where 20% is permitted at 1090 Hillcrest Road, Block 1104, Lot 2, in an R-1 Zone.

 

Farhan Rasheed, homeowner, was sworn.

 

Jacob Solomon was sworn and his credentials as a licensed architect accepted. Mr. Solomon testified as to the existing conditions and the irregular shape of the lot. Mr. Solomon described the proposed extension of the deck and the location of the pool.

 

Board members asked if the lot was undersized. Mr. Solomon said it was oversized, but irregular in shape. Board members asked about the necessity of the amount of coverage being proposed.

 

There were no questions from the public.

 

The hearing was carried to July 13, 2021 without further notice.

 

IRVING BAUM – An application to permit the construction of a front porch which would result in a front yard setback on Spring Avenue, of 27.27 feet where 40 feet is required and a front yard setback on Circle Avenue, of 11 feet where 45 feet is required; a side yard setback of 8.82 feet, where 10 feet is required; and coverage by above grade structures of 27.6%, where 20% is the permitted at 532 Spring Avenue, Block 4301, Lot 6, in an R-2 Zone.

 

Irving Baum, homeowner, was sworn and made opening comments explaining that when they were doing work to the home, it was apparent that the home used to have a porch and he would like to restore that. Mr. Baum testified that the home is on an undersized, narrow, corner lot. The house encroaches into the front yard setback on both streets, but Mr. Baum stated that the porch and the setbacks are in keeping with what exists in the neighborhood.

 

Board members asked about the Sanborn maps submitted with the application and said they showed the property as being larger, meaning that the property had been subdivided at some point. Board members were concerned that the shrubs would need to be removed to construct the porch. Mr. Baum said the shrubs were old and overgrown and they would be replaced with something smaller.

 

Board members asked if the homeowner would consider a front porch instead of a wrap-around porch. Mr. Baum said he had considered it, but it wouldn’t be right for the house. Board members had questions about what and where there could be plantings.

 

There were no questions or comments from the public.

 

Mr. Baum made closing remarks.

 

Following Board deliberation, Mr. Brown made a motion to deny the application, Mr. Negrycz seconded, and the application was denied with 6 votes to one vote.

 

Discussion:

• Annual Report – Maryann Bucci-Carter, Village Planner, was present and explained that the memo distributed to Board members outlined the most recent annual reports and provided an analysis of the cases from 2020. Ms. Bucci-Carter said the Board could discuss further recommendations and that she could write them up as an annual report. Ms. Bucci-Carter explained that the Planning Board was preparing to review the Land Use Element of the Master Plan and this would be a good time to make recommendations. Mr. Whitaker suggested that the Board might consider extending variance approval from 1 year to 2 years.

 

• Devins, 79 Park Slope – Request for Extension of variance approval to May 2022 – The Board discussed the request and approved the extension of variance approval to May 27, 2022.

 

Resolution memorialization:  The following resolutions were memorialized:

• Rackow/Catanzaro, 640 Shelton Road
• Brown, 386 Berkshire Road

           

The meeting was adjourned at 9:47 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: June 8, 2021

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

July 13, 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.

 

REORGANIZATION:

 

Greg Brown and Michael Pickholz took the Oath of Office.

 

Present:         Greg Brown, Diana Ruhl, Jonathan Papietro, Isaac Lebow, Matthew Bandelt and Michael Pickholz were present.

 

Absent:          Gary Negrycz

 

            Board Attorney:                      Bruce Whitaker

            Chairman:                               Greg Brown

            Vice Chairman:                       Matthew Bandelt

            Chairman Pro Tem:               Gary Negrycz

            Board Secretary:                    Jane Wondergem

            Board Professionals:  Chris Rutishauser, Village Engineer; Maryann Bucci-Carter and Peter Van Den Kooy, Village Planners

            Site Plan Committee:             Gary Negrycz, Jonathan Papietro, Diana Ruhl

 

The By-Laws of the Zoning Board were adopted. The Resolution of Adoption in the Matter of Compliance with the Requirements of the Open Public Meetings Act was approved. The schedule of meetings for the year July 1, 2021 to June 30, 2022 were approved.

 

The Reorganization meeting was closed.

 

The regular public meeting was called to order at 8:00 p.m. 

 

Approval of Minutes: The minutes from June 8, 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 Katzevich, 244 Ackerman Avenue, application was withdrawn; the Ahlborn, 313 Bedford Road, the Fedorov, 440 Cambridge Avenue, and the Maher, 250 Libby Avenue, applications were carried to July 27, 2021 without further notice.

 

Old Business:

 

FARHAN RASHEED & RUMANA SULTANA – An application to permit the installation of an above ground pool and extension of existing deck which would result in coverage by above grade structures within 140 feet of the front lot line, of 20.9%, where 20% is permitted at 1090 Hillcrest Road, Block 1104, Lot 2, in an R-1 Zone. (Continued from May 25, 2021, without further notice)

 

Amy Hummerstone was sworn and her credentials as a licensed architect accepted. Ms. Hummerstone testified as to the changes and reductions made to the proposed deck since the previous meeting.

 

Mr. Rasheed was present and previously sworn and spoke to the reductions made in response to the concerns expressed by the Board.

 

Board members asked about the height of the pool and what was proposed to be around the pool where there was no deck. Mr. Rasheed explained that there would be lattice work and plantings around the pool.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Lebow made a motion to approve with the conditions discussed in regards to landscaping around the pool and the pool equipment. Mr. Bandelt seconded, and the application was approved.

 

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 52.1%, for the entire lot, where 45% is permitted and coverage by improvements of 57.6%, 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 May 25, 2021, without further notice)

 

Kelly and Daniel Morgan were present and previously sworn. Ms. Morgan referred to the updated survey and the zoning approval in regards to the driveway.

 

Board members had questions regarding the driveway and the patio and how it was all approved. Board members had an issue with the existing non-conforming coverage by improvements and exacerbating it with the proposed additional walkway to the entrance of the addition. Board members asked if the addition could be reconfigured to have an entrance closer to the driveway.  Ms. Morgan explained the floorplan and why that wouldn’t be practical.

 

Following further discussion, the application was carried to August 10, 2021 without further notice.

 

New Business:

 

JAMES and ERIN NEKUS – An application to permit the construction of a one floor addition and front porch addition which would result in a front yard setback of 24.7 feet, where 40 feet is required; combined side yard setback of 30.8 feet, where 40.92 feet is required; and an accessory building to be located 11 feet from the principal building, where 12 feet is required at 151 Northern Parkway, Block 3604, Lot 11, in an R-1 Zone. (Carried from June 22, 2021, without further notice)

 

Thomas Garlick, Esq., entered his appearance and made opening remarks.

 

James and Erin Nekus, homeowners, were sworn and explained why they are requesting the variances for the addition. Mr. Nekus described the photos which had been distributed to the Board and the existing conditions on the property. Board members asked for clarification regarding the survey and the necessity of the large front porch.

 

William Brown was sworn and his credentials as a licensed architect accepted. Mr. Brown testified as to the existing conditions on the property and the challenge of the irregular lot. Mr. Brown stated that the proposed porch was planned to be used, not decorative. Mr. Brown described the floor plan, the proposed mudroom and the elevations.

 

Board members confirmed that the variances being requested were for setbacks, not coverage. Board members asked if the sunroom was to be used year round. Mr. Brown said it would. Board members asked that the porch would never be enclosed. The applicant agreed.

 

There were no questions or comments from the public for Mr. Brown.

 

Thomas Donahue was sworn and his credentials as an engineer accepted. Mr. Donahue testified as to the plot plan he prepared and the setbacks. Mr. Whitaker clarified the calculations.

 

There were no questions or comments from the public for Mr. Donahue.

 

Mr. Garlick made closing comments.

 

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

 

JAMES and LORRAINE REYNOLDS – An application to permit the construction of a one story addition which would result in the alteration of a non-conforming structure and in a rear yard setback of 11 feet, where 30 feet is required at 128-130 Ackerman Avenue, Block 2207, Lot 10, in an R-3 Zone. (Carried from June 8, 2021 without further notice) Mr. Lebow recused himself from this hearing.

 

Rocco Orlando was sworn and his credentials as a licensed architect accepted. Mr. Orlando explained the revised zoning table due to recalculating the gross building area to include the attic. Mr. Orlando described the photos which had been distributed and testified as to the plans he prepared for the proposed addition for the bathroom.

 

Lorraine Reynolds, homeowner, was sworn and distributed a copy of the tax map showing homes in the neighborhood which have 2 bathrooms.

 

Mr. Whitaker explained that what is being requested is a ‘d(2)’ variance for the expansion of a non-conforming use and that the applicant must show that such variance relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance.

 

The application was carried to August 10, 2021 without further notice.

 

Resolution memorialization:   The following resolutions were memorialized:

• Molloy, 663 Delaware Avenue
• Bruno, 384 Beveridge Road

 

Discussion – The discussion regarding the annual report was tabled until the next meeting. Chairman Brown asked Board members to send him any comments they had.

           

The meeting was adjourned at 9:41 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: August 10, 2021

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

June 8, 2021

 

Opening:

 

The virtual public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:34 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 27, 2021 were adopted.

 

Non-agenda items:

 

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

 

Board member comments: Meetings will be held in the Village Hall Courtroom starting in July.

 

Public Hearings:

 

Chairman Alegre announced that the Katzevich, 244 Ackerman Avenue, application was carried to July 13, 2021 without further notice; and the Reynolds, 128-130 Ackerman Avenue, application was carried to July 13, 2021 without further notice.

 

New Business:

 

SHAWN and JILL BRUNO – An application to permit the construction of a two story addition which would result in a side yard setback of 12.7 feet where 17.64 feet is required; a rear yard setback of  27.8 feet where 30 feet is required; and for the construction of a two story and second story addition which would result in a side yard setback of 12.2 feet where 17.64 feet is required; and a rear yard setback of 27.7 feet where 30 feet is required; and to widen the driveway to 25.7 feet where 15 feet is permitted at 384 Beveridge Road, Block 1303, Lot 6, in an R-1 Zone.

 

Shawn and Jill Bruno were sworn.

 

Kiersten Osterkorn was sworn and her credentials as a professional engineer and planner were accepted. Ms. Osterkorn shared her screen and testified as to the existing conditions as per the survey, and described the lot and the existing non-conformities. Ms. Osterkorn testified that the proposed addition would not significantly change the footprint of the house as they were squaring off the rear of the house and not exacerbating the existing non-conformities. Ms. Osterkorn stated that by moving the entrance to the garage to the front of the house it is becomes more accessible and they can remove the asphalt from the rear of the house. Ms. Osterkorn stated that the proposed changes have a de minimus impact on the streetscape.

Mr. and Mrs. Bruno commented on the functionality of what is proposed and the benefit of having more grass in the backyard.

 

Board members asked about the gross building area. It was determined that there is an additional variance being requested for gross building area within 140 feet of the front lot line. Board members asked about tree removal. Mr. Bruno said one unhealthy tree had already been removed, but they hope to keep the rest.

 

Board members asked about the current survey and the zoning table. The applicant agreed to submit an updated survey and corrected zoning table.

 

There were no questions or comments from the public.

 

Ms. Osterkorn made closing remarks.

 

Following Board deliberation Mr. Papietro made motion to approve, Mr. Bandelt seconded, and the application was approved with the condition that the requested documents would be submitted prior to the adoption of the resolution.

 

JOHN and SUE MOLLOY – An application to permit the construction of a second story addition which would result to be 8.58 feet from the existing garage where 12 feet is the minimum required at 663 Delaware Avenue, Block 4504, Lot 26, in an R-2 Zone.

 

John and Sue Molloy were sworn and represented themselves. Mr. Molloy shared his screen to show the plans and described the existing conditions and what is proposed. Mr. Molloy stated that the footprint was not changing, but that the cantilever will be slightly closer to the garage. Mr. Molloy went over the zoning table.

 

Board members asked about a discrepancy between the zoning table and the plans.

 

There were no questions or comments from the public.

 

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

 

ANDREW and JACQUELINE AHLBORN – An application to permit the expansion of the home, front and rear porch, and detached garage which would result in a side yard setback of 17.8 feet, where 20 feet is required; coverage by above-grade structures within 140 feet of the front lot line of 22.7%, where 20% is permitted; gross building area within 140 feet of the front lot line of 33.8%, where 29% is permitted; and coverage by improvements within 140 feet of the front lot line of 42%, where 40% is permitted at 313 Bedford Road, Block 1311, Lot 5, in an R-1 Zone.

 

Ms. Ruhl recused herself from this application.

 

David Rutherford, Esq., entered his appearance and made opening remarks commenting that this application is not a hardship case under c(1), but is justified under c(2) criteria.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht shared his screen and testified as to the drawings he prepared, revised to 5/19/21. Mr. Schlicht went over the calculations. Mr. Schlicht displayed the photos of the property, describing the Dutch gambrel style and showing an existing addition to the rear of the home which was not architecturally consistent with the home, as well as a rear loading garage which is not functional. Mr. Schlicht described the floor plans, existing and proposed, as well as the proposed porches.

 

Mr. Schlicht displayed photos of the surrounding houses in the neighborhood showing that the proposed size and scale of this home is comparable to what is existing on either side.

 

Mr. Schlicht showed renderings of the proposed house from all sides.

 

Board members asked about the 3^rd floor as there are windows there. Mr. Schlicht stated that the ceiling height of the 3^rd floor is under 7 feet. Board members asked if they considered squaring off the house and removing the proposed turret. Board members asked how the rear porch factored into the c(2) criteria. Mr. Schlicht explained that the house could be moved back and built without variances, but that would have more of a negative impact on the streetscape.

 

There were no questions from the public.

 

Andrew Ahlborn, homeowner, was sworn and explained why they wanted to leave the house in its existing location as opposed to rebuilding further back and how they liked the character of the home and wanted to preserve the stone.

 

The hearing was carried to June 22, 2021 without further notice.

 

Resolution memorialization:   The following resolutions were memorialized:

• Devins, 79 Park Slope – extension of variance approval
• Baum, 532 Spring Avenue

 

Discussion – There was Board discussion regarding 129 Undercliff Court and the shades around the porch which was previously approved by the Board with the condition that it would always remain open. Ms. Wondergem will alert the Zoning Officer about the issue.

           

The meeting was adjourned at 10:37 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: July 13, 2021