VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, January 14, 2020

Village Hall Court Room – 7:30 P.M.

Call to order

Pledge of Allegiance

Statement required by the Open Public Meeting Act “Adequate notice of this meeting has been provided by a posting on the bulletin board in the Village Hall, by mail to the Ridgewood News, The Record and by submission to all persons entitled to same as provided by law of a schedule including date and time of this meeting”.

Please note: A curfew of 11:00 PM is strictly adhered to by the Zoning Board of Adjustment of the Village of Ridgewood. No new matter involving an Applicant will be started after 10:30 PM. At 10:00 PM the Chairman will make a determination and advise Applicants as to whether they will be heard. If an Applicant cannot be heard because of the lateness of the hour, the matter will be carried over to a future meeting to be determined by the Board at 10:00 PM.

Roll call

Approval of minutes:          December 10, 2019

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

RICHARD & RACHEL GENTILE – An application to permit the construction of a first and second floor addition and an extension of the covered front porch which will result in a front yard setback on S. Irving Street of 21.6 feet, and on Addison

Place of 14.9 feet, where 40 feet is required; a side yard setback of 7.82 feet, where 10 feet is required; coverage by above-grade structures of 25.77%, where 20 % is permitted and gross building area of 40.7%/2,036 square feet, where 35%/1,750.8 is permitted at 23 South Irving Street, Block 4004, Lot 6, in an R-2 Zone. (Continued from November 26, 2019 without further notice)

AGENDA – CONTINUATION                                               January 14, 2020

JOSE MOLINA & ELSA FELIPE – An application to remove existing garage and rebuild new structure to allow for new garage under 1.5 story addition which will result in a front yard setback of 31.6 feet, where 40 feet is required and coverage by above-grade structures within 140 feet of the front lot line of 20.2%, where 20% is permitted at 941 Hillcrest Road, Block 1202, Lot 11, in an R-1 Zone. (Continued from November 26, 2019)

          New Business:

ERIC ROOS – An application for Certification of Nonconforming Use at 560 Route 17 North, Block 4704, Lot 6, in an R-125 (Carried from November 12, 2019) (Rescheduled for February 25, 2020, with notice)

THOMAS STACHELRODT – An application to permit the construction of a stair tower on the two-family dwelling at the front of the property which will result in a side yard setback of 6.55 feet, where 10 feet is required; coverage by improvements of 74.83%, and coverage by improvements within 140 feet of the front lot line of 71.5%, where 40% is permitted for both; gross building area of 7,605 square feet, where 4,254 square feet is permitted; gross building area within 140 feet of the front lot line of 35.61%, where 32% is permitted; and expansion of the non-conforming use at 334 South Broad Street, Block 3905, Lot 23, in an R-3 Zone.  (Carried from November 26, 2019 without further notice) (Carry to January 28, 2020, without further notice)

          JOHN MUSINSKI, AIA/Demercado –     An application to permit the construction of a one story addition which will result in a front yard setback of 32.47 feet, where 40 feet is required at 104 S. Irving Street, Block 4003, Lot 6, in an R-2 Zone. (Carry to January 28, 2020 without further notice)

          Resolution memorialization:         Robinson/Hall, 151 West End Avenue

          Discussion:   Site Plan Committee -    Stiles, 674 Eastern Court

-        Kaushansky, 143 Kenilworth Road

          Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

January 14, 2020

Opening:

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

Present:       Sergio Alegre, Greg Brown, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Isaac Lebow, Matthew Bandelt and Daniel Perlman. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:       

Minutes:      The minutes from December 10, 2019 were adopted.

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.

Chairman Alegre announced that the Eric Roos, 560 Route 17 North, application was rescheduled for February 25, 2020 and the matter would be re-noticed and re-published. The Thomas Stachelrodt, 334 South Broad Street, application was carried to January 28, 2020 without further notice. The John Musinski/Demercado, 104 South Irving Street, application was carried to January 28, 2020 without further notice.

Discussion:

Steven Stiles, 674 Eastern Court – Andrew Kohut, Esq., was present with Mr. Stiles and explained during construction on the addition which was previously approved by the Board, the wall facing Pershing Avenue collapsed due to a rotted sill and they were advised by the Building Department that they needed to come back to the Board. Mr. Kohut explained that they are proposing to replace the sill plate and the studs and continue with construction of the approved plans, and there are no changes to what was approved. Board members asked about the condition in the resolution that the attic stairs in the plans be replaced with pull-down stairs. While the plans were being reviewed the discussion was put on hold.

Kaushansky, 143 Kenilworth Road – Samuel Kaushansky was present and explained to the Board that during construction for the previously approved expansion of the existing front porch to wrap around the house, it was discovered that there were no footings in place under the existing porch and the structure was resting on large blocks of blue stone and the supporting wood joists were rotted. Mr. Kaushansky stated that he advised the contractor to demolish the existing porch and was subsequently told by the Building Department to stop construction until he speaks to the Board. Board members asked if he had recorded the deed restriction, stating that the porch shall never be enclosed, as per the resolution. Mr. Kaushansky stated that he did. Board members verified that the new porch would be replaced according to what was approved. All eligible Board members voted to allow Mr. Kaushansky to continue construction without further Board action.

Steven Stiles, 674 Eastern Court – Upon review of the plans, it was shown that there will be pull down stairs to the attic as required. All eligible Board members voted to allow Mr. Stiles to continue construction without further Board action.

Old Business:

RICHARD & RACHEL GENTILE – An application to permit the construction of a first and second floor addition and an extension of the covered front porch which will result in a front yard setback on S. Irving Street of 21.6 feet, and on Addison

Place of 14.9 feet, where 40 feet is required; a side yard setback of 7.82 feet, where 10 feet is required; coverage by above-grade structures of 25.77%, where 20 % is permitted and gross building area of 40.7%/2,036 square feet, where 35%/1,750.8 is permitted at 23 South Irving Street, Block 4004, Lot 6, in an R-2 Zone. (Continued from November 26, 2019 without further notice) William Brown was sworn and his credentials as a licensed architect were accepted. Mr. Gentile was also present. Mr. Brown testified regarding the floor plans, addressing concerns from Board members from the previous meeting regarding gross building area. Board members asked if Mr. Gentile would agree to the stipulation that the porch would never be enclosed. Mr. Gentile agreed.

There were no questions or comments from the public. Following Board deliberation, Mr. Papietro made a motion to approve the application with the discussed conditions, Mr. Lebow seconded, and the application was approved with 5 members voting yes, and 2 members voting against.

Mr. Perlman left the meeting.

JOSE MOLINA & ELSA FELIPE – An application to remove existing garage and rebuild new structure to allow for new garage under 1.5 story addition which will result in a front yard setback of 31.6 feet, where 40 feet is required and coverage by above-grade structures within 140 feet of the front lot line of 20.2%, where 20% is permitted at 941 Hillcrest Road, Block 1202, Lot 11, in an R-1 Zone. (Continued from November 26, 2019) Elsa Felipe was present with Scott Bella, architect, who was previously sworn. Mr. Bella testified as to the revisions stating that the plans were revised, reducing the proposed covered porch to eliminate the variance for coverage by above-grade structures. Mr. Bella explained to the Board that the portion of the existing driveway to remain is due to the bus stop on that street. 

Board members had questions about the landscaping and the walls and the necessity of the driveway on Hillcrest Avenue. There were questions about the width of the proposed driveway and what is permitted. It was determined there is no variance needed for the width of the driveway.

Jose Molina, 941 Hillcrest Road, was sworn and testified regarding the remaining driveway and the reason for keeping it. Board members continued to question the necessity and the hardship. Board members asked about a discrepancy in the calculations between the architectural plans and the site plan.

Mr. Bella, Ms. Felipe and Mr. Molina asked for time to discuss the issue and agreed to remove the driveway and curb cut on Hillcrest.

There were no questions or comments from the public. Following Board deliberation Mr. Negrycz made a motion to approve with the condition that the driveway and curb cut on Hillcrest will be removed, Belgian block will be placed along the side of the proposed driveway, the site plan and architectural plans will be revised so that all calculations match. Mr. Bandelt seconded and the application was approved with yes votes from all members.

Resolution memorialization:      The resolution for Terrance Robinson and William Hall, 151 West End Avenue, was memorialized as presented following discussion regarding correspondence received from Richard Brovarone, Esq., and Marcia Ringel.

The meeting was adjourned at 9:12 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       January 28, 2020

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, January 28, 2020

Village Hall Court Room – 7:30 P.M.

Call to order

Pledge of Allegiance

Statement required by the Open Public Meeting Act “Adequate notice of this meeting has been provided by a posting on the bulletin board in the Village Hall, by mail to the Ridgewood News, The Record and by submission to all persons entitled to same as provided by law of a schedule including date and time of this meeting”.

Please note: A curfew of 11:00 PM is strictly adhered to by the Zoning Board of Adjustment of the Village of Ridgewood. No new matter involving an Applicant will be started after 10:30 PM. At 10:00 PM the Chairman will make a determination and advise Applicants as to whether they will be heard. If an Applicant cannot be heard because of the lateness of the hour, the matter will be carried over to a future meeting to be determined by the Board at 10:00 PM.

Roll call

Approval of minutes:          January 14, 2020

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

          New Business:

                    JOHN MUSINSKI, AIA/Demercado –     An application to permit the construction of a one story addition which will result in a front yard setback of 32.47 feet, where 40 feet is required at 104 S. Irving Street, Block 4003, Lot 6, in an R-2 Zone. (Carried from January 14, 2020 without further notice)

AGENDA – CONTINUATION                                               January 28, 2020

THOMAS STACHELRODT – An application to permit the construction of a stair tower on the two-family dwelling at the front of the property which will result in a side yard setback of 6.55 feet, where 10 feet is required; coverage by improvements of 74.83%, and coverage by improvements within 140 feet of the front lot line of 71.5%, where 40% is permitted for both; gross building area of 7,605 square feet, where 4,254 square feet is permitted; gross building area within 140 feet of the front lot line of 35.61%, where 32% is permitted; and expansion of the non-conforming use at 334 South Broad Street, Block 3905, Lot 23, in an R-3 Zone.  (Carried from November 26, 2019 without further notice) (Carry to January 28, 2020, without further notice)

KIMBERLY SCHWARTZ – An application to permit the construction of a two story addition and deck which will result in a height of 31’3” where 30 feet is permitted and a front yard setback on Stanley Place of 46.7 feet, where 55 feet is required at 56 Sherman Place, Block 2203, Lot 5, in an R-3 Zone.

DAWN CARFORA – An application to permit the construction of a one story addition, covered landing, rear landing and patio and dormers which will result in front yard setbacks of 23.3 feet to the addition, 28.9 feet to dormer, 18.8 feet to steps, where 40 feet is required at 32 Reynen Court, Block 3506, Lot 2, in an R-2 Zone.

VADIM VERBITSKY – An application to install a 4 foot fence 2 feet away from a 2+ foot retaining wall where a total of 4 feet is permitted at 32 Sherman Place, Block 2201, Lot 21, in an R-3 Zone.

          Resolution memorialization:         Stiles, 674 Eastern Court

                                                            Kaushansky & Favelukis, 143 Kenilworth Road

                                                            Gentile, 23 South Irving Street

                                                            Afonso/Machin, 941 Hillcrest Road

          Discussion:  

          Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

December 10, 2019

Opening:

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

Present:       Sergio Alegre, Greg Brown, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Isaac Lebow and Matthew Bandelt. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:        Daniel Perlman

Minutes:      The minutes from November 12, 2019 and November 26, 2019 were adopted.

Resolution memorialization:      The following resolutions were memorialized:

• Touloughian, 443 S. Pleasant Avenue
• Zynczenko, 598 Cliff Street
• Katcher, 738 Upper Boulevard
• Fenech, 236 Lakeview Drive

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.

Work Session:

How to review an application from start to finish – Mr. Negrycz went through the steps he uses when reviewing an application. He explained what he looks for on the application, the survey and the plans. Mr. Whitaker pointed out certain criteria to look for as a matter of completeness on the application and the survey.

The Board asked the secretary to amend the application check list to include digital copies of the plans starting in January 2020.

Recusals: factors to consider – Mr. Whitaker explained that if a Board member participates in a proceeding from which he is later found to be disqualified, the proceeding is void in its entirety. The rules of recusal are that if there is any financial interest the Board member should recuse himself. There are a lot of gray areas, and if there is a doubt always check with the Board attorney.

Refresher on (c) variances: Mr. Whitaker gave an overview on (c) variances, stating that it is a 2-prong test.

C(1) – hardship to comply because of the nature of the property itself.

C(2) – where approval of an application would be advanced by a deviation from the zoning ordinance, and the public benefit substantially outweighs the detriment.

Mr. Whitaker will provide the Board secretary with language to put with the application to assist applicants with understanding the difference between personal hardship, which the Board cannot consider, and property hardship.

Use of pictures and electronic devises during meetings – Mr. Whitaker said that anything that a Board member relies on to make a decision is evidentiary. Any applicant or attorney could ask a Board member to share what they are looking at with everyone. Mr. Whitaker also said that Board members should not email each other about cases, or have separate discussion on the dais during meetings. If there are questions about the application, they should be brought up in the public forum, if there is question about procedure, it can be asked of the Board attorney under attorney/client privilege.

Board members asked about taking pictures on site visits and then referring to them. Mr. Whitaker said that they should not refer to the photos, but ask questions of the applicant during the meeting. Board members asked about having photos of the site being required from the applicant when submitting the application. After discussion, it was decided that this requirement, photos of all sides of the house, will be added to the checklist.

How to perform a site visit – Mr. Whitaker advised the Board members that when you go out to do a site visit, if you speak to the homeowner, explain that you are observing the property but cannot discuss the application. Board members should let the property owners know that they are Board members and are there to observe the property.

Quorums, eligibility and voting, meeting pace – Mr. Whitaker explained that quorum on a seven-member Board is four members. If someone is asking for a use variance, they need five out of seven votes, so they deserve a full Board. Anyone Board member can make a motion and Mr. Whitaker, as the author of the resolution, can clarify what has already been discussed. Mr. Whitaker explained that if a Board member feels strongly that an application should be denied, they can make that motion, they do not have to wait for a motion to approve to not be carried.

Number of opportunities for applicants to present to the Board – Mr. Whitaker said the Board cannot limit the number of times an applicant can come back with revised plans. If an application is denied, the applicant would have to come back with a new application and new plans.

Board members asked if anything could be done before applicants get in front of the Board to help the meeting pace. The Board asked that the letter of denial from the Zoning Officer be included with the application, identifying the variances being requested and assuring that the application was reviewed prior to getting to the Board.

Scheduling and number of applications – When a commercial application is before the Board, or any application that will have a lot of opposition, that application should have a whole meeting. If there is an application that is very minor, or an emergency, it could be put on sooner, otherwise they are put on in the order they are received.

A memo will go to the Zoning Officer explaining the procedural items discussed.

A Procedural Subcommittee was formed including Isaac Lebow, Sergio Alegre and Matthew Bandelt.

Mr. Whitaker will amend the By-Laws as needed.

The meeting was adjourned at 10:17 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved: January 14, 2020