Zoning Board of Adjustment - April 9, 2019 Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

April 9, 2019

Opening:

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

Present:       Sergio Alegre (7:50p.m.), Greg Brown, Gary Negrycz, Alyssa Matthews, Ines Bunza, Jonathan Papietro, Isaac Lebow(7:50p.m.) and Matthew Bandelt. Also present were Bruce Whitaker, Esq., Board Attorney; Christopher Rutishauser, Village Engineer; Brigette Bogart, Village Planner; John Jahr, Traffic Consultant for the Board and Jane Wondergem, Board Secretary.

Absent:        Diana Ruhl

Approval of Minutes:       The minutes from March 12, 2019 and March 26, 2019 were adopted as presented.

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

Old Business:

KEVIN & JENNIFER HOGAN – An application for variance relief to permit the construction of a front portico, a rear two story addition, and a rear covered deck, which will result in a side yard setback on the left side of the dwelling unit of 10.1 feet to the first floor, 10.2 feet to the second floor, and on the right side of the dwelling unit a side yard setback of 7.3 feet to the chimney, 10 feet to the covered porch and the first floor and 10.87 feet to the 2nd floor, where 18 feet is required; a combined side yard setback of 16.46 feet, where 16.5 feet is required; coverage by above grade structures of 20.5%, and coverage by above grade structures within 140 feet of the front lot line of 21.5%, where 20% is permitted for both; gross building area within 140 feet of the front lot line of 37.3%/2,614 square feet, where 35%/2,450 square feet is permitted and coverage by improvements of 45.2%/4,083 square feet and coverage by improvements within 140 feet of the front lot line of 48.2%/3,376 square feet, where 45% is permitted at 82 John Street, Block 3501, Lot 6, in an R-1 Zone. (Continued from February 11, 2019 and carried from March 12, 2019 without further notice) Sergio Alegre and Isaac Lebow are recused from this hearing. Greg Brown acted as Chairman.

The hearing was closed. Following Board deliberation Mr. Negrycz made a motion to approve the application, Ms. Matthews seconded the motion and the application was approved with 4 yes votes to 1 no.

LISA LAI – An application to permit the construction of an addition which will result in a front yard setback of 30.6 feet, where 40 feet is required; side yard setback on the left of 8.92 feet and on the right of 8.23 feet, where 10 feet is required; coverage by above grade structures of 21.32%, where 20% is required at 643 Wall Street, Block 3403, Lot 20, in an R-2 Zone. (Continued from March 12, 2019 without further notice) David Rutherford, Esq., reviewed what was discussed at the previous meeting. Jordan Rosenberg, architect, was previously sworn and testified regarding the revisions and reductions made to the plans. Mr. Whitaker asked for clarification on the height of the second floor addition. Board members had questions regarding how the house will fit with the character of the neighborhood and Mr. Rosenberg said that there were various styles of homes in the area. Board members asked about access to the attic, Mr. Rosenberg stated that there would be a pull down hatch. There were no questions or comments from the public. Mr. Rutherford made closing comments. Following Board deliberation Mr. Papietro made a motion to approve, Mr. Lebow seconded, and the application was approved with 6 yes votes to 1 no.

BURROUGHS POOLE LLC – An application for preliminary and final site plan approval, use variance, variance and waiver approval to implement a drive-thru component to be used by a Starbucks retail coffee shop at 363-381 Route 17 South, Block 4807, Lot 1, in the HC-Highway Commercial Zone. (Continued from 1/30/18; 3/13/18; 4/24/18; 7/10/18) (Carried from March 12, 2019 without further notice) James Delia, Esq., addressed the issue regarding the drive-thru Starbucks on Franklin Avenue and asked that they be able to separate the two sites and move on with this hearing. Mr. Delia reviewed where they left off when last before the Board.

Charles Olivo, applicant’s traffic expert, was previously sworn and testified as to the revisions to the direction of traffic. Mr. Rutishauser asked how the law would be enforced in the shopping center. Mr. Delia stipulated to having an ordinance established for the RPD to enforce. Mr. Jahr asked about the parking spaces being affected. Mr. Delia stipulated that they the parking would be in compliance.

Public questions: Jack Ingraham, neighbor behind the shopping center, had concerns about how the ‘no left turn’ would be prevented.

Lizanne Kile, a Starbucks representative, was sworn and testified as to the type of delivery truck being used and the hours of delivery.

John McDonough, Professional Planner, was previously sworn. Mr. McDonough distributed the 657 Ridgewood LLC site plan and compared the Dunkin Donuts drive-thru to what was being proposed at the subject site. Mr. McDonough testified as to the positive and negative criteria and stated that the Board’s approval of the Dunkin Donuts drive-thru shows that the use is appropriate. Mr. Whitaker, Ms. Bogart and Board members addressed the differences in the properties.

Mr. Poole, applicant, was sworn and testified as to the previous uses proposed at this site, what was previously approved and the advantages of the existing shopping center. There were no questions from the Board or the public for Mr. Poole.

The hearing was carried to May 14, 2019 without further notice.

New Business:

PATRICK WARREN – An application to permit the construction of a 2½ story addition which will result in a height of 35.33 feet, where 30 feet is permitted at 208 Kenilworth Road, Block 4302, Lot 3, in an R-2 Zone. (Carried from March 26, 2019 without further notice) Isaac Lebow recused himself from this hearing. Patrick Warren, homeowner, was sworn and described the existing conditions on the property and what was being proposed. Mr. Warren testified regarding the height of the proposed addition. Board members clarified that the proposed addition would not exacerbate the pre-existing conditions. There were no questions or comments from the public. Following Board deliberation Ms. Matthews made a motion to approve, Mr. Brown seconded, and the application was approved with 6 yes votes to 1 no.

MATTHEW BOMBACE – An application to permit the construction of two dormers on the front of the home, and a full dormer at the rear of the home which will result in a side yard setback of 9.6 feet, where 15 feet is required at 854 Auburn Avenue, Block 5002, Lot 11, in an R-1 Zone. David Rutherford, Esq., entered his appearance and made opening remarks. Leandro Dickson was sworn and his credentials as a licensed architect accepted. Mr. Dickson testified as to the existing conditions on the property and what was proposed, explaining that there would be no expansion of the existing footprint. Board members asked if the side yard setback would be exacerbated and Mr. Dickson stated that the existing nonconformity would be continuing. There were no questions or comments from the public. Mr. Rutherford made closing remarks. Following Board deliberation Mr. Brown made a motion to approve, Ms. Bunza seconded, and all members voted yes to approve the application.

Chairman Alegre announced that the Devins, 79 Park Slope, application was carried to April 23, 2019 without further notice.

MICHEL & LINDA MOURAVIEFF – An application to permit the applicant to continue to use dwelling as their personal residence and lease home professional office to a third-party at 525 North Maple Avenue, Block 2904, Lot 16, in an R-2 Zone. Robert Inglima, Esq., entered his appearance and made opening remarks. Mr. Inglima entered the following exhibits:

          Exhibit A-1 – application

          Exhibit A-2 – zoning table

          Exhibit A-3 – variance application checklist

          Exhibit A-4 – letter dated March 28, 2019

          Exhibit A-5 – survey

          Exhibit A-6 – existing office plan

          Exhibit A-7 – affidavit of mailing

Michel Mouravieff, homeowner, was sworn and testified as to the use of the property to this point and described the existing conditions regarding the house and office in detail. Dr. Mouravieff explained that he has been unable to sell the house with the office and would now like to maintain the home and rent the office space.

Mr. Inglima entered the following additional exhibits:

          Exhibit A-8 – photos of home

          Exhibit A-9 – photos of office

          Exhibit A-10 – tax maps

          Exhibit A-11 – composite map showing area of site

          Exhibit A-12 – zoning map of Ridgewood

          Exhibit A-13 – close up area of subject site on zoning map

          Exhibit A-14 – aerial views

Dr. Mouravieff testified as to the office plan and the parking conditions.

Board members asked if the home was going to stay on the market and if the office space would be expanded. Dr. Mouravieff said that he would take the house off the market and that any renovations would be interior. Board members had questions regarding what kind of practices/professions would be considered. Ms. Bogart discussed her report regarding the use variance.

There was discussion regarding the difficulty in making a decision without a proposed tenant as it would make a difference in regards to hours, parking and other items specific to type of practice. Mr. Whitaker said a deed restriction would be required for any tenant.

The hearing was carried to May 14, 2019 without further notice.

Resolution memorialization:      The following resolutions were memorialized:                        -    Hartley, 396 Godwin Avenue

-        Tasko, 296 Woodside Avenue

-        Dunleavy, 572 Hillcrest Road

-        Harinstein, 310 Heights Road

-        Oelkers, 42 Ethelbert Place

-        Calkins, 80 Crest Road

-        Abraham, 415 Red Birch Court

Discussion:  310 Heights Rd., Landscape, Patio plan – The Site Plan Committee reviewed the proposed landscape and patio plan for 310 Heights Road and the Board voted to approve the plans on the Committee’s recommendation.

Meeting was adjourned at 11:30 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       June 11, 2019