VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JANUARY 30, 2018

Opening:

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

Present:      Hans Lehmann, Gary Negrycz, Diana Ruhl, Alyssa Matthews, Greg Brown, Ines Bunza, Isaac Lebow and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney; Brigette Bogart, Village Planner; Christopher Rutishauser, Village Engineer and Jane Wondergem, Board Secretary.

Absent:        Sergio Alegre

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.

A resolution appointing John Jahr as the Traffic Consultant to the Board was memorialized.

Public hearings

New Business:

SLRC, LLC d/b/a ARTHUR MURRAY DANCE STUDIO – An application for 1) an interpretation of the Ordinance declaring that the proposed use is permitted in the B-1 Zone as a service business or 2) a use variance to permit a dance studio on the ground floor in the B-1 zone. David Rutherford, Esq., entered his appearance and made introductory remarks. Mr. Rutherford explained that there had been a dance studio operating in Ridgewood for more than 50 years. Mr. Rutherford said that there would be no change in how the business operates, just a change in location and that they are asking for an interpretation of Section 190-110A(1).

Sarah Stanila, one of the proprietors of the Arthur Murray Dance Studio, was sworn, and testified as to the benefits of the proposed location and regarding the nature of the business, hours of operation and employees.

Chairman Lehmann referred to the report prepared by Ms. Bogart, dated December 17, 2017, and the issues raised in that report. Mr. Rutherford said that the proposed use is less intensive than the permitted uses, and that there is some parking for employees provided behind the building. Board members had questions about when larger sessions and competitions are held, and Ms. Stanila stated that they usually schedule bigger events on off hours.

Richard Preiss was sworn and his credentials as a professional planner were accepted. Mr. Preiss distributed a photo packet, marked as Exhibit A-1, showing an aerial view of the property, neighboring businesses and the interior of the current studio. Mr. Preiss addressed Ms. Bogart’s memo. Mr. Preiss testified regarding the hours of the business and how the business could be considered a business/service use and fit within the retail services and entertainment uses. Mr. Whitaker instructed the Board in regards to the ordinance and the list of permitted ordinances. Ms. Bogart said that art studios and restaurants that allow dancing are permitted, but not dance studios specifically, and that the Board needs to determine whether this fits in with the goals and objectives of the permitted uses in the B-1 zone. Board members had questions about the list of permitted uses and what is specifically prohibited and permitted.

There were no questions or comments from the public. The Board deliberated on the decision of interpretation. Mr. Negrycz made a motion that the proposed use is a permitted use and a use variance is not required, Ms. Matthews seconded, and all members voted yes.

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. James Delia, Esq., entered his appearance and made opening remarks. David Delle Donne was sworn and his credentials as a professional architect accepted. Mr. Delle Donne testified regarding the proposed signage, front elevation, wall sconces and lighting. Board members and professionals had questions regarding the size, placement and illumination of the signs. Ms. Bogart asked about the sound level for the ordering system and the effect on the residential neighbors. Mr. Delia said they will stipulate that they will comply with the noise law. Mr. Rutishauser asked about the proposed hours of operation for the drive-thru. There were no questions from the public for the architect.

Ms. Matthews left the meeting at 9:15 p.m.

Alexander Lapatka was sworn and his credentials as a professional engineer were accepted. Mr. Lapatka described the lot and the existing conditions on the property. The site plan prepared by Mr. Lapatka was marked as Exhibit A-1. Mr. Lapatka testified as to the changes being proposed to the site in regards to the drive-thru lane, parking spaces, soil removal and landscaping. Board members had questions about the direction of the traffic coming out of the drive-thru and the traffic movement on the site now. Mr. Rutishauser asked about the existing traffic signs and said that they are currently not enforceable. Mr. Rutishauser asked about the condition of the trees and the berm between the subject site and the residential property and the applicant said they would look at that.

Charles Olivo was sworn and his credentials as a professional traffic engineer accepted. Mr. Olivo testified regarding the Traffic Impact Study he prepared. Mr. Olivo testified about the traffic counts, parking, peak hours, queuing and trip generation. Board members had questions about garbage pickup, emergency access and peak hours for the drive-thru. Mr. Whitaker asked about trucks in the loading zone and in the queuing aisles. Mr. Whitaker referred to the Planning Board resolution from the site plan approval and the condition that no trucks idle at the site. Mr. Olivo said that cars idling are not the same as a truck idling. Mr. Whitaker asked about the Starbucks drive-thru sites that were used for comparison.

Jack Ingraham, 225 Paramus Road, had concerns about vehicles idling during the peak morning hours and the increase in traffic.

The hearing was carried to March 13, 2018 without further notice.

Resolution memorialization:      The following resolutions were memorialized:

-                  SL Ridgewood 2015 d/b/a Serendipity Labs, 45 N. Broad St.

-                  Purington/Dickinson, 151 Grant St.

• Neiley, 660 Linwood Ave.

Meeting was adjourned at 11:08 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       June 12, 2018

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JANUARY 23, 2018

Opening:

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

Present:       Alyssa Matthews, Greg Brown, Ines Bunza, Isaac Lebow and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:        Hans Lehmann, Gary Negrycz, Diana Ruhl, Sergio Alegre

Greg Brown was voted in as Acting Chairman.

Non-agenda items:

          Board member comments: There were no comments at this time.

          Members of the public comments: There were no comments.

Public hearings

Mr. Brown announced the following:

• Franchina, 208 N. Walnut Street, carried to February 13, 2018 without further notice.
• McKenna, 416 Colonial Road, carried to February 13, 2018 without further notice.
• O’Brien, 338 S. Irving Street, carried to February 27, 2018 without further notice.
• Patel, 713 Heights Road, carried to February 13, 2018 without further notice.

Old Business:

JOSE PUELL – An application to permit the construction of an addition to the existing structure which will result in a front yard setback of 37.12 feet where 40 feet is required; coverage by above grade structures of 24.97%, where 20% is the maximum permitted, and where 23.38% is existing for the property located at 671 Newcomb Road, Block 4505, Lot 13, in the R-2 Zone. (Continued from November 14, 2017) Joshua Levine, esq., was present with Brian Murphy, architect, and Mr. Puell. Mr. Murphy, previously sworn, described the revisions in the drawings, revised to January 4, 2018, explaining how the above-grade coverage was reduced and there is no variance being requested for side yard setback, rear yard setback or for the distance between the garage and the house. Mr. Murphy addressed the issues regarding the easement and the deed restriction. Jose Puell, homeowner, was sworn and distributed a photo of the easement, which was marked as Exhibit A-3. Board members asked if they had considered reducing the size of the addition and if there was prior variance approval for the rear deck. A copy of the index card for the 1997 variance approval for the deck was submitted and marked as Exhibit A-4. Phyllis Goodman, 667 Newcomb Road, had questions regarding the size of the deck, soil removal, drainage, trees and the size of the addition. Priscilla Farnsworth, 675 Newcomb Road, had questions regarding the proposed front yard setback, and the front porch posts.

Public comments:    Phyllis Goodman, 667 Newcomb Road, was sworn and made comments opposing the application. Priscilla Farnsworth, 675 Newcomb Road, was sworn and made comments opposing the application.

Board members discussed the application and questioned the hardship and the size of the proposed addition. Mr. Puell displayed a photo board with a copy of the Ridgewood tax map and photos showing homes in the area similar to what is being proposed.

After further discussion the hearing was carried to February 27, 2018, without further notice.

PRASAD/SRIVASTAVA – An application to permit landscape improvements, including a new patio and roofed patio, and other features, as well as an addition to a freestanding garage, which will result in coverage by above-grade structures of 22.18% within 140 feet of the front lot line, where 20% is permitted; coverage by improvements of 48.1% of the lot area, where 40% is permitted; coverage by improvements of 52.1% within 140 feet of the front lot line, where 40% is permitted at 140 North Maple Avenue, Block 2012, Lot 5, in the R-1 Zone. (Continued from November 28, 2017) Frank Hall, architect, previously sworn, recapped the discussion from the previous meeting and explained that he submitted an OPRA request for more information in regards to work done previously on the subject property. The prior resolution and site plan from 1966 and 2001 building permit were marked as Exhibit A-3. Mr. Whitaker stated that the applicant provided the requested information to indicate that there were prior approvals for what currently exists on the property. Mr. Hall testified regarding the revised plans which further reduce the coverage by improvements and provide more landscaping. Mr. Whitaker asked for clarification of the coverage. Board members asked about the hardship. Mr. Hall stated that the swap of any detriment from the excess coverage by above-grade structures be offset by the aesthetic improvement. There were no questions or comments from the public. Following Board deliberation Ms. Matthews made a motion to approve, Ms. Bunza seconded, and all eligible members voted yes.

New Business:

ROBERT & VERONICA OTTEN – An application to permit the construction of a full second floor, and an addition to the rear, along with the construction of a new front porch and steps, along with a new patio, entry platform and steps in the rear of the home which will result in a front yard setback of 22.5 feet, where 40 feet is required; side yard setback of 4.1 feet, where 10 feet is required; coverage by above-grade structures of 28.2%, where 20% is the maximum permitted; coverage by improvements of 50.6%/3,061 square feet, where 45%/2,721 square feet is the maximum permitted and setback to patio of less than 10 feet at 426 Jackson Terrace, Block 1704, Lot 18, in the R-2 Zone. (Carried from January 9, 2018) David Rutherford, Esq., entered his appearance and made opening remarks. Mr. Rutherford explained that the lot is grossly undersized and described what is being proposed and the variances being requested. John Musinski was sworn and his credentials as a professional architect accepted. Mr. Musinski testified as to the existing conditions on the property and described what was being proposed as per the architectural drawings, which were marked as Exhibit A-1. Mr. Musinski distributed photos of the existing conditions, which were marked as Exhibits A-2 and A-3. Board members asked if central air conditioning was being proposed. Robert Otten, homeowner, was sworn and testified that he intended to put any air conditioning equipment in the attic. Board members had questions regarding the patio, grading and materials. There were no questions or comments from the public. Mr. Rutherford summarized and made closing remarks. Following Board deliberation Mr. Papietro made a motion to approve, Ms. Matthews seconded, and all members voted yes.

MARK & STEPHANIE BARONE – An application to permit the construction of a new deck and steps at the rear of the dwelling which will result in a setback distance from the deck to the garage of less than 12 feet, where 12 feet is the minimum required at 677 Arcadia Road, Block 4503, Lot 19, in the R-2 Zone. Mark Barone, homeowner, was sworn and testified regarding the interior renovations completed and the necessity for a rear door, small deck and stairs to the dwelling unit as the first floor is not at ground level. There were no questions from the Board, and no questions or comments from the public. Following Board deliberation Ms. Matthews made a motion to approve, Mr. Lebow seconded, and all members voted yes.

Resolution memorialization:      The following resolutions were memorialized:

-                  SL Ridgewood 2015 d/b/a Serendipity Labs, 45 N. Broad St.

-                  Purington/Dickinson, 151 Grant St.

-                  Neiley, 660 Linwood Ave.

Meeting was adjourned at 10:27 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       June 12, 2018

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

 AGENDA

Tuesday, June 12, 2018

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 23, 2018; January 30, 2018; February 13, 2018

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

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 April 24, 2018)

JOSE PUELL – An application to permit the construction of an addition to the existing structure which will result in a front yard setback of 37.62 feet where 40 feet is required; coverage by above grade structures of 22.92%, where 20% is the maximum permitted, for the property located at 671 Newcomb Road, Block 4505, Lot 13, in the R-2 Zone. (Continued from April 24, 2018)

AGENDA – CONTINUATION                                                                  June 12, 2018

          New Business:

PAMELA CHRISTIAN – An application to construct a front covered porch which will result in a front yard setback of 33.5 feet to Woodland Avenue, where 40 feet is required at 200 Sunset Avenue, Block 1917, Lot 8, in the R-110 Zone.    

KEVIN & JENNIFER HOGAN – An application to construct a front portico, a rear 2-story addition and a rear covered deck which will result in a side yard setback on the left of 9.16 feet to the first floor and 9.2 feet to the 2^nd floor; side yard setback on the right of 8.3 feet to the addition and 8.75 feet to the deck, where 20 feet is required; combined side yard setback of 15.94 feet, where 16.5 feet is required; coverage by above-grade structures of 23.1%, coverage by above-grade structures within 140 feet of the front lot line of 24.9%, where 20% is permitted for both; coverage by improvements within 140 feet of the front lot line of 46.9%, where 45% is permitted and gross building area of 39%/2,731 square feet where 35%/2,450 square feet is permitted at 82 John Street, Block 3501, Lot 6, in the R-1 Zone. (Carried from May 8, 2018 without further notice)

          Resolution memorialization:         New Cingular Wireless, 490 Rt. 17, ext. of time   

                                                            O’Shea, 305 Wastena Terrace

         Discussion

         Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JANUARY 9, 2018

Opening:

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

Present:      Hans Lehmann, Gary Negrycz, Diana Ruhl, Alyssa Matthews, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney; Brigette Bogart, Village Planner and Jane Wondergem, Board Secretary.

Absent:        Sergio Alegre, Isaac Lebow

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:

RICHARD PURINGTON & ANN DICKINSON – An application to permit the construction of an addition which will result in a front yard setback of 31 feet, where 50 feet is the minimum required at 151 Grant Street, Block 2502, Lot 6, in an R-125 Zone. (Continued from November 28, 2017) David Rutherford, attorney for the applicant, Robert Weissman, engineer; Mark Braithwaite, architect and Ann Dickinson were present. Mr. Braithwaite, who was previously sworn, testified as per the revised drawings, which were marked as Exhibit A-14. Mr. Whitaker asked for clarification of the revised numbers. Ann Dickinson, homeowner, was sworn and testified as to the accessibility issues and the change in the garage. The revised site plan, prepared by Mr. Weissman, was marked as Exhibit A-15. There were no questions or comments from the public. Following Board deliberation, Ms. Ruhl made a motion to approve, Ms. Matthews seconded, and the application was approved.

New Business:

SERENDIPITY LABS – An application to permit office use on the first floor where it is not permitted at 45 N. Broad Street, Block 3804, Lot 23, in the B-1 Zone. (Carried from November 28, 2018) David Rutherford, Esq., entered his appearance on behalf of the applicant and made opening remarks. John Arenas, CEO of Serendipity Labs, was sworn. Mr. Arenas testified as to the nature of the business and described the offices at 45 N. Broad Street. A photo packet was distributed and marked as Exhibit A-1. Board members asked questions regarding membership and who would be permitted to use the space and about day passes. Mr. Whitaker explained to Board members that they have jurisdiction to look at the application as an interpretation rather than a use variance by determining if the proposed use is an office use or a service use. Brigette Bogart, Village Planner, explained this further stating that after hearing the testimony of Mr. Arenas, that the use sounds more like what is permitted than traditional office use and that the applicant may benefit by seeking an interpretation of the ordinance based upon the proposed use and then pursue the use variance if necessary. Mr. Whitaker and Ms. Bogart explained the ordinance and what is permitted and similar businesses existing in the district. Board members asked questions about the process and the permitted uses. Mr. Rutherford stated that based on the discussion the applicant would like to go forward with the interpretation and not go forward with the use variance if they did not need to. Richard Preiss was sworn and his credentials as a professional planner were accepted. Mr. Preiss testified as to how the proposed use fits into the B-1 Zone. Board members had questions regarding how this use is different from office use and the membership aspect. There were no questions or comments from the public. Following Board deliberation, Mr. Brown made a motion and Ms. Matthews seconded, and the Board voted six to one that the use as proposed by the applicant has been interpreted to be a permitted use within the B-1 Zone.

Ms. Matthews left the meeting at 9:00 p.m.

Chairman Lehmann announced that the Otten, 426 Jackson Terrace, and the McKenna, 416 Colonial Road, applications are carried to January 23, 2018, without further notice.

DONNA NEILEY – An application to permit the construction of a new 11' x 21' detached single car garage structure to replace previously demolished detached single car garage structure which will result in side yard setbacks of 3.26 feet and 2.6 feet, where 5 feet is required and rear yard setbacks of 3.7 feet and 2.8 feet where 5 feet is required at 660 Linwood Avenue, Block 3404, Lot 4, in the R-2 Zone. Donna Neiley, homeowner, was sworn and testified regarding the proposed new garage. Ms. Neiley stated that the demolished garage was in disrepair and she was told by the town to take it down and due to the odd shape of the property she proposes to construct a larger one car garage with the same setbacks. Board members asked if she was going to take down the tree near the proposed garage, and she stated she did not intend to. There were no public questions or comments. Mr. Negrycz made a motion to approve, Mr. Papietro seconded, and the application was approved.

FRANK & ROSEMARY HILLMAN – An application to permit the to construct a new front landing and stairs which will result in a front yard setback of +/- 14 inches, where 40 feet is required; coverage by above-grade structures of 37.72%, where 25% is the maximum permitted; coverage by improvements of 67.54%, where 45% is the maximum permitted at 233 South Broad Street, Block 3902, Lot 8, in the R-3 Zone. Frank Hillman, homeowner, was sworn. Brian Wellington, general contractor, was sworn. Mr. Hillman testified regarding the condition of the existing front porch and stairs and the proposed expansion of the front porch and stairs. Board members had questions about the accuracy of the numbers on the drawing in regards to the risers and the deck. Board members asked why they proposed to encroach into the front yard setback so far. Mr. Hillman said it was to save the tree and bush. The hearing was carried to February 13, 2018 without further notice.

JOHN & ASHLEY FRANCHINA – An application to permit the construction of a rear porch/deck, replace an existing non-conforming front open porch and the enlargement of same, and install a new walkway from the driveway to the proposed front porch which will result in a front yard setback of 43 feet, where 45 feet is required; coverage by above-grade structures of 24.3%, where 20% is the maximum permitted; coverage by above grade structures w/in 140 feet of the front lot line of 26%/2,513 square feet, where 20%/1,932 square feet is the maximum permitted; coverage by improvements of 39.5%, where 35% is the maximum permitted; coverage by improvements w/in 140 feet of the front lot line of 40.4%, where 35% maximum permitted; Gross Building Area of 36.6%, where 34% is the maximum permitted and Gross Building Area w/in 140 feet of front lot line of 39.2%, where 34% is the maximum permitted at 208 North Walnut Street, Block 2002, Lot 9, in the R-2 Zone. Charles Sarlo, Esq., entered his appearance. Lorenzo Franchina, was sworn. Mr. Franchina is not a licensed architect, but drafted the plans which were sealed by a licensed architect. Mr. Sarlo made opening remarks. Photos of the property, taken by Mr. L. Franchina, were distributed and marked as Exhibit A-1. The photos showed the condition of the home at the time of purchase with an existing front porch. Mr. L. Franchina testified as to the improvements made on the house and the intent to keep the original porch, but that when they did demolition of the house, the porch went with it and they were ordered to stop by the Building Inspector, as they now needed a variance to reconstruct it larger than before. Mr. Sarlo described the variances being requested and the hardships. Board members had questions about the size of the addition and why they built to the maximum permitted when they intended to add the porch. The applicant was asked to consider reducing the coverage and show a breakdown of the numbers. The hearing was carried to January 23, 2018 without further notice.

Resolution memorialization:      The following resolutions were memorialized:

-        New Cingular Wireless PCS LLC

-        657 Ridgewood LLC – Landscape plan

-        Hekimian, 255 N. Walnut St.  

.

          :

Meeting was adjourned at 10:29 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       May 22, 2018