20160628 Zoning Board of Adjustment Minutes

Village of Ridgewood - Board of Adjustment - June 28, 2016

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:37 p.m.

Present:       Chairman Torielli, Hans-Jurgen Lehmann, Jeffrey Voigt, Gary Negrycz, Alyssa Matthews, Sergio Alegre, Ines Bunza and Greg Brown. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:         Diana Ruhl, Sergio Alegre

The minutes from April 12, 2016 were approved as drafted.

Non-agenda items:

            Board member comments: Chairman Torielli announced that this would be his last meeting as he was resigning from the Zoning Board and going to the Planning Board.

            Jeffrey Voigt resigned from the Zoning Board as he is a newly elected Councilman.

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

Public hearings

Chairman Torielli announced that the following applicants were being carried without further notice:

Kurt Hedden, 24 Ethelbert Place, Block 2209, Lot 10, was carried to July 26, 2016.

210 S. Broad Street, LLC, Block 3905, Lot 7, was carried to August 23, 2016.

David and Jamee Lubkemann, 475 Fairway Road, was carried to July 26, 2016.

Old Business:        

GLOBAL SIGNAL ACQUISITIONS II, LLC, NEW CINGULAR WIRELESS PCS, LLC (AT&T), NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS, SPRINT SPECTRUM REALTY COMPANY, L.P. and T-MOBIL NORTHEAST LLC – An application to replace the existing 120’ tower with a 130’ tree pole with a total height of 135’ and equipment at the base of the tower which

will result in conditional use variances for side yard setbacks, rear yard setbacks, tree pole height variance, and side yard setback variance for the equipment at 601 Franklin Turnpike, Block 4703, Lot 17, in an OB-2 zone. (Cont. from May 24, 2016). Judith Fairweather entered her appearance on behalf of the applicant and referred to the site plan, revised to June 15, 2016. Board members asked questions regarding comments in Mr. Brancheau’s report and Ms. Fairweather

explained that she spoke with Mr. Brancheau and referred to Mr. Brancheau’s memo dated June 28, 2016. Board members asked for clarification of the proposed changes.

Diane Haderthauer, 470 Albin Court, asked how many rows of antennas would be on the tower. The applicant said there would be four rows. Ms. Haderthauer asked if the Historic Preservation Commission saw this application. Ms. Fairweather said that both the town HPC and the state HPC had seen the plans. Ms. Haderthauer asked what uses were permitted in an OB-2 zone. Chairman Torielli read the uses listed in the Village Code.

Mr. Whitaker asked Ms. Fairweather if they had received any comments or approval from the State Historic Preservation Office. Ms. Fairweather said that their approval would be contingent on the structure approved by the Board.

Diane Haderthauer, 470 Albin Court, was sworn and commented that this Board is deliberate, detail-oriented and hard-working. Ms. Haderthauer asked that the Board consider this application carefully and see the negative impact on the homes in the area and ask for modification of what is proposed.

The hearing was closed. After Board deliberation Mr. Whitaker gave the Board an outline for decision making in regards to the condition use and the conditions being violated, and that a decision needs to be made regarding the type of tower.

Mr. Negrycz made a motion to approve the cell tower as a mono-tree, stipulating that the chain link fence will be plank on plank, and additional plantings are not necessary. Mr. Lehmann seconded the motion and six members voted yes to approve and one member voted no.

New Business:

JEFFREY AND MELISSA BRODSKY – An application to permit the construction of a second story addition which will result in a front yard setback of 20.2 feet on Collingwood Place, where 45 feet is the minimum required at 405 Fairway Road, Block 3602, Lot 25 in an R-2 zone. Chairman Torielli recused himself from this hearing. Vincent Graziano was sworn and his credentials as a professional architect were accepted. Jeffrey Brodsky was present and was sworn. Mr. Graziano described the existing conditions and what is proposed and the variances being requested. Mr. Graziano explained that the hardship is that it is a corner property and there is an existing front yard setback nonconformity, but

that they are not increasing the footprint of the home. There were no questions from the Board or the public. After Board deliberation Mr. Lehmann made a motion to approve, Ms. Bunza seconded, and after a roll call and five votes to approve, and one vote not to approve, the application was approved.

JOHN HOFMAN – An application to permit the construction of one and two story and second floor additions which will result in a building height of 32 feet, where 30 feet is the maximum permitted; coverage by above-grade structures of 21.6%, where 20% is the maximum permitted and coverage by above-grade structures within 140 feet of the front lot line of 21.3%, where 20% is the maximum permitted at 426 Overbrook Road, Block 3612, Lot 4, in an R-2 Zone. Roger Schlicht was sworn and his credentials accepted as a professional architect. Mr. Hofman was present and sworn. Mr. Schlicht described the property and the existing conditions and made modifications in the numbers on the zoning chart. Mr. Schlicht distributed two pages of photos of the subject property and neighboring properties which were marked as Exhibit A-1. Mr. Schlicht described the proposed improvements and explained that by removing the existing patio and pool they are decreasing the improved lot coverage. Mr. Schlicht explained the proposed variances and the hardships. The Board members asked for clarification of the numbers on the zoning table. There were no questions from the public. Jeff Feagles, 432 Overbrook Lane, was sworn and spoke in support of the application. William Horne, 420 Overbrook Lane, was sworn and spoke in support of the application. After Board deliberation Mr. Voigt made a motion to approve, Ms. Bunza seconded, and all members voted yes to approve.

BRENDAN AND KATIE RIGLER – An application to permit the construction of a second story addition and installation of a central air conditioning condenser which will result in a side yard setback of 9.4 feet to the addition and 5.75 feet to the condenser, where 10 feet is the minimum required at 467 South Pleasant Avenue, Block 4601, Lot 12, in an R-2 Zone. Mr. and Mrs. Rigler were present and sworn. Mr.Rigler distributed a packet of photos of the subject property and neighboring properties. Also in the packet was a letter from the next door neighbor which Mr. Whitaker explained was not permitted as part of the record as he was not present. Mrs. Rigler explained the photos and the proposed improvements and the variances being requested. Mr. Rigler explained that the addition was not going to further encroach on the side yard setback and that the side yard setback of the house where the condenser is proposed is at 10 feet from the side yard. The Board members asked about screening for the condenser. Mr. Rigler stated that the condenser would be screened by shrubs and a fence. Sang Lee, 471 S. Pleasant Avenue, asked about a tree between his lot and the subject property and the fence being installed. Mr. Rigler described the proposed fence and the landscaping. After Board deliberation Mr. Negrycz made a motion to approve the application, Mr. Voigt seconded, and all members voted yes to approve.

Resolution memorialization:       The following resolutions were memorialized:     -         Finning, 220 Avondale Road

                                    -           Toner, 305 Brookmere Court

                                    -           Hung, 235 Brookside Avenue (Addition only)   

Discussion item:    Mr. Whitaker said that the resolution previously adopted by the Board regarding the Flynn residence, 18 South Hillside Drive, has been modified in regards to the driveway.

Mr. Lehmann expressed his thanks to Joel Torielli and Jeff Voigt for their time on the Board.

Meeting was adjourned at 9:42 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved