Zoning Board of Adjustment Minutes 20160126

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:30 p.m.

Present:       Chairman Torielli, Diana Ruhl, Gary Negrycz, Jeffrey Voigt, Alyssa Matthews and Ines Bunza. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq.; Board Attorney and Jane Wondergem, Board Secretary.

Absent:         Hans-Jurgen Lehmann, Sergio Alegre and Greg Brown.

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:        

IVY REALTY SERVICES, LLC - An application to permit construction of a new building for use as a bank which will include drive through lanes. Certain bulk variances with respect to conditional uses related to banks, and preliminary and final approval is also requested, at property known as 121 Franklin Avenue, Block 2010, Lot 16, in a B-2 Zone. (Cont. from August 11, 2015) Chairman Torielli announced that this matter will be carried to February 23, 2016 without further notice.

STEVE KIM AND HYUN-JU KWAK – An application to permit the construction of a second story addition which will result in Gross Building Area of 31.19% where 29% is the maximum permitted at 291 Highland Avenue, Block 2608, Lot 25, in an R-1 zone. (Continued from 11/10/15) – Charles Collins entered his appearance on behalf of the applicant, Hyun-Ju Kwak, who was also present. Sean Moronski, Professional Planner, was sworn and presented his credentials and was accepted a professional planner. Mr. Moronski submitted photos of the site and surrounding area, which was marked as Exhibit A-1. Mr. Moronski described the variance being requested and explained the photos and how the proposed addition fits in the neighborhood. Mr. Moronski explained that what is

being proposed does not increase the footprint of the dwelling and that the benefits outweigh any potential detriments to the neighborhood. Mr. Collins distributed copies of the tax map showing the subject property, which was marked as Exhibit A-2. Mr. Moronski testified that screening being requested by the neighbor is not necessary as the subject lot is not connected to the neighbor’s lot in anyway and that the presence or absence of screening has no relationship with the proposed improvements.

The Board members had questions regarding the screening and prior additions to the house and if the gross building area is being exacerbated. There was discussion regarding detriment vs. violation and the public benefit. Board members asked about the request from Mr. Blodgett, 270 Claremont, at the previous meeting for screening between his house and the property next to the subject property which is also owned by the applicant. Mr. Moronski stated that the request for screening is not related to the proposed addition. After further discussion regarding screening and public benefit the hearing was carried to February 9, 2016 without further notice.

New Business:

GIOVANNI AND CARLA MERLINO – An application to permit construction of a two story and second story additions which will result in a front yard setback of 25.5 feet, where 40 feet is the minimum required; a side yard setback of 1.3 feet where 10 feet is the minimum required and a rear yard setback of 10 feet where 30 feet is the minimum required at 372 Wastena Terrace, Block 1804, Lot 7, in the R-2 Zone. Douglas Radick, Architect, and Carla Merlino were sworn. Mr. Radick distributed a corrected zoning chart and drawing revising the building and coverage factors. Mr. Radick describes the changes to the drawing and chart and describes the lot. Mr. Cascio explained that as the revisions show additional and increased variances being requested the hearing would need to be renoticed. The applicant will renotice for February 9, 2016.

RANDOLPH SWICKLE AND ANDREA KLINGER – An application to permit the construction of a one-story addition, remove an existing patio and construct a new patio and construct addition to the front of the home which will result a combined side yard setback of 33.7 feet where 36.36 feet is the minimum required and coverage by above-grade structures within 140 feet of the front lot line of 24.91% where 20% is the maximum permitted at 792 Bingham Road, Block 4911, Lot 3, in the R-1 Zone. David Rutherford was present representing the applicant. Frank Hall was sworn and accepted as a professional Architect. Mr. Rutherford explained the variances being requested. Mr. Hall described the existing conditions on the property and the hardships. Mr. Hall presented photo boards showing the subject property, which was marked as Exhibit A-1, and showing other homes in the neighborhood, which was marked as Exhibit A-2. Mr. Hall described the proposed improvements and how they would be compatible with the profile of the neighborhood. The Board members asked for clarification on the side yard setback variance and the Gross Building Area variance. There

were no questions or comments from the public. After Board deliberation Mr. Negrycz made a motion to approve the application as submitted, Ms. Ruhl seconded the motion and all members voted yes to approve.

EILEEN R. PHELPS – An application to permit the construction of a new driveway, elimination of part of existing driveway, construction of an in ground pool and patio which will result in coverage by improvements of 48.2% where 40% is the maximum permitted and coverage by improvements within 140 feet of

the front lot line of 43.7% where 40% is the maximum permitted at 242 Fairmount Road, Block 1604, Lot 3, in the R-1 Zone. Eileen and Ryan Phelps were sworn. Jeff Egarian was sworn and accepted as a professional engineer. Tracy Linton was sworn and accepted as a professional landscape architect. Ms. Phelps introduced the application. Mr. Egarian described the existing conditions and the proposed improvements in regards to the driveway, pool and patio. Mr. Egarian described the grass pavers which would be used to reduce the impervious coverage. Ms. Linton further explained and described the grass pavers. The Board members had questions regarding the walkway and driveway coverage in the front yard.

The Board opened the hearing to the public for questions. Maryellen Salerno, 245 Phelps Road, asked about the proposed waterfall and expressed concern about flooding and drainage issues as they live behind the subject property. Mr. Egarian explained that they would not see any additional runoff from the proposed improvements and that there may be an improvement in the runoff. Frank Salerno, 245 Phelps Road, asked what may happen when the pool is covered and also had questions about flooding on his property. Chairman Torielli explained that the Village Engineering department would need to review the plans before any permits would be issued. There were questions from Board members regarding the patio area and any variances that may have been previously granted. The applicant was told that if the existing patio was put in without variances then they need approval for the additional coverage.

Ms. Linton described the proposed landscape plan which was marked as Exhibit A-1. Board members had questions regarding drainage which were answered by Mr. Egarian.

Maryellen Salerno, 245 Phelps Road, asked if the plan had been reviewed by the Village Engineer and if they would be notified of the Engineer review. The Board said they would not be noticed but that they would have access to any documentation from the Engineering Department.

There was further discussion regarding work done with or without permits done by prior owners. The applicant will look further into that issue.

Mr. Egarian addressed the variances being requested and how the benefits

outweigh detriments. Due to the questions remaining in regards to the prior improvements made the hearing will be carried.

Frank Salerno, 245 Phelps Road, commented on how the proposed improvements could negatively impact his property and questioned why there are standards in the code if one homeowner after another can get variances. Chairman Torielli explained that the Board is there to hear cases when there is a hardship or the benefits outweigh the detriments.

The hearing was carried to February 9, 2016 without further notice.

MATTHEW AND JENNIFER CHOU – An application to permit the construction of a one story and second story addition which will result in side yard setbacks of 10.44 feet and 12.19 feet where 20 feet is the minimum required and aggregate side yard setbacks of 20.23 feet where 26.4 feet is the minimum required. The proposed will result in coverage by above grade structures within 140 feet of the front lot line of 20.9% where 20% is the maximum permitted; Gross Building Area of 33.6%/4028 square feet where 32%/4060 square feet is maximum permitted and Gross Building Area within 140 feet of the front lot line of 36%/4028 square feet where 32%/4060 square feet is the maximum permitted at 236 Richards Road, Block 1205, Lot 2, in the R-1 Zone. Diana Ruhl recused herself from this hearing. Matthew and Jennifer Chou, homeowners, were sworn. Roger Schlicht was sworn and accepted as a professional architect. Mr. Schlicht described the existing conditions at the site and described the proposed improvements. Mr. Schlicht explained the variances being requested and the hardships, stating that if the lot was the proper width they would not need a variance. Mr. Schlicht explained the photographs submitted, which were marked as Exhibit A-1 and Exhibit A-2. The Board members had questions regarding the existing landscaping and shrubs and the possibility of planting additional screening.

Gassia Fox, 230 Richards Road, spoke in support of the application.

Mr. Voigt made a motion to approve the proposed plan with the stipulation that arborvitaes would be planted in the back for additional screening. Ms. Matthews seconded and all members voted yes.

Meeting was adjourned at 10:47 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved: May 24, 2016