VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, May 08, 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:         

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

          New Business:

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. (Carry to June 12, 2018 without further notice)

AGENDA – CONTINUATION                                                        May 8, 2018

BRENDAN & SEAN LYNCH-LITTLEJOHN – An application to permit the construction of a single story addition and deck which will result in a side yard setbacks of 5.43 feet and 2.79 feet, where 10 feet is required; combined side yard setback of +/- 9 feet where 10.89 feet is required; rear yard setback of 25.46 feet, where 30 feet is required; coverage by above-grade structures of 33.61%, where 20% is permitted; coverage by improvements of 55.74%, where 45% is permitted at 223 South Broad Street, Block 3902, Lot 10, in the R-3 Zone.

EVEN & JENNIFER CONTRUCCI – Application to permit the construction of a new detached garage which will result in side yard setback of 1.4 feet, where 5 feet is required and a building height of 18 feet, where 15 feet is the maximum permitted at 506 Heights Road, Block 1605, Lot 8, in the R-110 Zone.

ACKERMAN PRESERVATION, LLC – An application to permit a two-story addition, detached garage and patio       which will result in a rear yard setback of 26.8 feet, where 40 feet is required; front yard setback and a patio located within the front yard setback, where it is not permitted at 415 East Saddle River Road, Block 4804, Lot 15, in the R-125 Zone.

BRENDAN & SUZANNE O’SHEA – An application to permit an in-ground swimming pool, with an adjacent patio and various retaining walls, which will result in coverage by above-grade structures within 140 feet of the front lot line of 26.01%, where 20% is permitted; coverage by improvements of 41.63%/8,888.5 sq. ft., where 40%/8,750 sq. ft. is permitted; coverage by improvements within 140 feet of the front lot line of 47.05%/7,100 sq. ft., where 40%/5,987 sq. ft. is permitted; fence and wall height up to 7.3 feet, where 4 and 6 feet is permitted and fence and wall side yard setback of 4 feet, where 9.9 feet is required at 305 Wastena Terrace, Block 1907, Lot 18, in the R-2 Zone.

          Resolution memorialization:         Aponte, 648 Upper Blvd.   

         Discussion

• MDRE Holding, LLC, 148 Prospect Street – One year extension of variance approval to May 9, 2019
• Joseph, 683 E. Ridgewood Ave.- One year extension of variance approval to June 13, 2019
• Annual Report

         Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

DECEMBER 12, 2017

 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, Sergio Alegre (arrived 7:45 p.m.), Gary Negrycz, Diana Ruhl, Ines Bunza, Isaac Lebow and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:        Alyssa Matthews, 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

Chairman Lehmann announced that 309 Westgate Associates, LLC was carried to February 27, 2018 without further notice.

Old Business:

657 RIDGEWOOD LLC – Review revised landscape plan as per Resolution, at 657 Franklin Turnpike, Block 4703, Lot 14, in an OB-2 zone. There was no one present on behalf of the applicant. Mr. Whitaker explained that the landscape plan was revised and submitted for review as one of the conditions in the resolution. Ms. Ruhl had questions about where the curb is located. There was Board discussion regarding the landscape plan.

NEW CINGULAR WIRELESS PCS, LLC – An application to amend the Resolution approving a temporary 75 foot pole with antennas at the top and related equipment at the base of the pole to extend the time of removal from January 10, 2018 to June 30, 2018 at 490 Route 17, Block 4703, Lot 11, in an OB-2 zone. Christopher Quinn, Esq., was present on behalf of the applicant and explained that the applicant is in the final stages of approval and is still waiting for some state approvals and a memorandum of agreement. Board members questioned how they would be done by the end of June. Mr. Quinn stated that the project managers supplied that date. Chairman Lehmann made a motion to extend the time of removal to June 30, 2018, Mr. Negrycz seconded and the Board approved.

New Business:

KIM HEKIMIAN – An application to permit a second floor addition and stone patio which will result in a front yard setback of 34.7 feet to the porch, where 40 feet is required and a side yard setback of 6.5 feet, where 10 feet is required at 255 North Walnut Street, Block 1920, Lot 1, in an R-2 zone. Ms. Hekimian was sworn and made opening comments. Mary Boyajian was sworn and her credentials as a licensed architect were accepted. Ms. Boyajian testified as to the existing conditions and what is proposed as per the drawings. Board members had questions regarding the driveway, patio and garage. The applicant’s Planner was sworn and testified as to the property, the neighborhood and the exceptions and hardships. Board members asked for clarification of the numbers and the landscaping. There were no questions or comments from the public. Ms. Hekimian made closing comments. Following Board deliberation Ms. Ruhl made a motion to approve the application as presented, Mr. Negrycz seconded and the application was approved.

Resolution memorialization:      The following resolutions were memorialized:

• Kleiman, 224 S. Van Dien
• Licitra/Douglass, 584 Cliff Street
• McLellan, 612 Wyndemere Avenue

The Minutes from September 12, 2017 were adopted.

Meeting was adjourned at 8:30 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       April 10, 2018

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

NOVEMBER 28, 2017

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

Absent:        Hans Lehmann, Ines Bunza and Isaac Lebow

Non-agenda items:

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

          Members of the public comments: Boyd Loving, 342 South Irving Street, stated that he attended an OPRA forum recently at which one of the topics discussed was the availability of information provided in an application to the Zoning Board and Planning Board. Mr. Loving said that when he asked for information, through an OPRA request, regarding an application before the Zoning Board he was told he could not see the plans or take photos. Mr. Boyd also asked what the options were if you were unable to attend a meeting to ask questions or make comments regarding a specific application. Mr. Whitaker responded to Mr. Loving regarding what records must be available for an OPRA request and what the exceptions are. Mr. Whitaker said that an applicant does not need to consent to an adjournment to accommodate the public and Board members cannot consider correspondence or a statement in lieu of a personal appearance.

Public hearings

David Rutherford, Esq., asked for an adjournment of Serendipity Labs, 45 North Broad Street. The hearing was carried to January 9, 2018, without further notice.

New 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. (Carried from October 10, 2017) David Rutherford, Esq., entered his appearance. Mr. Rutherford made opening remarks, described the property and introduced the witnesses. Robert Weissman, Engineer, was sworn and his credentials as a professional engineer accepted. The Existing Conditions Survey, dated 2/10/2017 was prepared by Mr. Weissman and marked as Exhibit A-1. Mr. Weissman testified regarding the proposed changes shown on the Variance Plan, dated 11/7/2016 and revised to 8/1/2017, marked as Exhibit A-2. Mr. Weissman testified regarding the Footprint Diagram, which was marked as Exhibit A-10, explaining the setbacks and variances. Board members had questions about the location of the proposed garage. Mr. Weissman stated that it was the best place on the property for the garage.

Mark Braithwaite was sworn and his credentials as a licensed architect were accepted. Mr. Braithwaite testified regarding the architectural drawings, explaining the existing conditions and the uniqueness of the property. Mr. Braithwaite stated that the placement of the garage was to achieve optimum functionality. Mr. Braithwaite displayed a photo board exhibit, marked as Exhibit A-11, showing the garage. Mr. Braithwaite testified as to the existing and proposed floor plans. Board members had further questions about the location and size of the garage and the hardship. The hearing was carried to January 9, 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 50.2% of the lot area, where 40% is permitted; coverage by improvements of 54.8% 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. (Carried from November 14, 2017) Alok Prasad and Anita Srivastava, homeowners, were sworn. Mr. Prasad made an opening statement. Frank Hall was sworn and his credentials as a licensed architect were accepted. Mr. Hall testified regarding the existing conditions and what was being proposed. Mr. Hall displayed a photo board, marked as Exhibit A-1, showing the existing landscaping and explained what was proposed as well as the variances being requested. Board members had questions regarding the existing nonconformities and how it came to be. The Board members suggested that there is still a lot of impervious coverage. Mr. Whitaker suggested that the applicant file an OPRA request to inquire as to how the property got so developed. The hearing was carried to January 23, 2018 without further notice.

LICITRA/DOUGLASS – An application to permit the construction of a covered porch which will result in a front yard setback of 21'-2" where 40' is required at 584 Cliff Street, Block 1509, Lot 4, in the R-2 Zone. (Carried from November 14, 2017) Joseph Bruno was sworn and his credentials as a licensed architect were accepted. Mr. Bruno distributed a photo packet, marked as Exhibit A-1, which was to show that what is being proposed is consistent with the neighborhood. Mr. Bruno testified as to the existing conditions and what is being proposed as per his drawings. Board members asked if the porch would ever be enclosed and Mr. Bruno said it would not. There were no questions or comments from the public. Following Board deliberation, Ms. Matthews made a motion to approve the plans with the condition that the porch would not be enclosed, Ms. Ruhl seconded and the application was approved.

JEREMY KLEIMANN – An application to permit the razing and replacement of a 2.5 story addition, the construction of a one-story mudroom addition and a rear-yard patio, which will result in coverage by above-grade structures within 140 feet of the front lot line of 22.69%, where 20% is the maximum permitted at 224 S. Van Dien Avenue, Block 4015, Lot 7, in the R-2 Zone. Mr. Papietro recused himself from this hearing. Nino Coviello, Esq., entered his appearance and made an opening statement. Xiomara Paredes was sworn and her credentials as a licensed architect were accepted. Ms. Paredes distributed aerial photos which were marked as Exhibits A-1 and A-2; a map showing home values of the area, marked as Exhibit A-3 and a photo of the home as it exists, marked as Exhibit A-4. Ms. Paredes described the existing conditions and testified as to the proposed improvements as shown in the architectural drawings. Board members asked for clarification of the numbers and overage. There were no questions or comments from the public. Mr. Coviello made closing comments. Following Board deliberation Mr. Brown made a motion to approve the plans as presented, Ms. Matthews seconded and the application was approved with four members voting in favor and one member voting against.

Resolution memorialization:      The following resolution was memorialized:

-        CONIFF/DOMBACH – 215 Kenilworth Road

Meeting was adjourned at 10:00 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       April 10, 2018

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

NOVEMBER 14, 2017

 Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:35 p.m.

Present:      Hans Lehmann, Sergio Alegre, Gary Negrycz, Diana Ruhl, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney, and Jane Wondergem, Board Secretary.

Absent:        Alyssa Matthews, Isaac Lebow

Minutes:      The minutes from August 29, 2017 and September 26, 2017 were approved.

Non-agenda items:

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

          Members of the public comments: Jacqueline Hone, 30 Carriage Lane, read a statement regarding the Commons of Ridgewood, which is now Carriage Lane. Ms. Hone stated that since the 1988 site plan approval the buffer has been truncated and the land grade has increased. Ms. Hone said that she was told by Village officials that they cannot enforce any of the issues as the resolution has since been destroyed. Mr. Whitaker said that the Board of Adjustment does not have enforcement ability, but that Ms. Hone should check with DCA to see if they have a record of the resolution, and if so, it should go to the Zoning Officer and/or the Enforcement Officer.

Public hearings

Old Business:

MICHAEL CONIFF & AMY DOMBACH – An application to construct a front covered porch, front walkway, rear covered entry and 1-story and second story additions which will result in a front yard setback of 20 feet to the steps, 22 feet to porch, and 27 feet to the addition, where 40 feet is the minimum required; a side yard setback of 6.9 feet and 9.6 feet, where 10 feet is the minimum required; a combined side yard setback of 16.1 feet, where 16.5 feet is the minimum required and coverage by improvements of 45.5%, where 45% is the maximum permitted and coverage by improvements within 140 feet of the front lot line of 48.1%, where 45% is the maximum permitted at 215 Kenilworth Road, Block 4303, Lot 36 in the R-2 zone. (Continued from August 22, 2017)(Carried from October 10, 2017) Mr. Brown is recused from this hearing. Roger Schlicht, Architect, was present and previously sworn. Amy Dombach, homeowner, was sworn. Mr. Schlicht described the proposed revisions and reductions shown in the plans revised to November 3, 2017. Mr. Schlicht stated that the hardships include the lot area, the deficient lot width and the location of the existing dwelling. The Board members asked for clarification of the setbacks and where the reductions were. There were no questions or comments from the public. Following Board deliberation Mr. Papietro made a motion to approve, Ms. Bunza seconded, and the application was approved.

JONATHAN & KRISTIN MCLELLAN – An application to permit the construction of an addition which will result in coverage by above grade structures of 22.6% and coverage by above-grade structures within 140 feet of the front lot line of 24.3%, where 20% is permitted for both; gross building area of 35.1%, where 35% is the maximum permitted and gross building area within 140 feet of the front lot line of 37.7%, where 35% is the maximum permitted at 612 Wyndemere Avenue, Block 3503, Lot 2, in an R-2 Zone. (Continued from August 8, 2017)(Carried from October 10, 2017) David Rutherford, Esq., entered his appearance and briefly explains the revisions and the hardship of the lot size. Patrick Lesbirel, architect, was previously sworn. Mr. Lesbirel testifies as to the revisions and describes the existing architectural style and what is proposed as per the drawings. Mr. Lesbirel displays a photo board, prepared by Ms. McLellan, which was marked as Exhibit A-1; a tax map, marked as Exhibit A-2 and an aerial photo, marked as Exhibit A-3. Board members had questions regarding the front porch and the gross building area. There were no questions or comments from the public. Mr. Rutherford made closing comments. Following Board deliberation Mr. Papietro made a motion to approve, Ms. Bunza seconded, and the application was approved with five members voting in favor and two members voting against.

Ms. Matthews arrived to the meeting at 8:27 p.m.

MICHAEL & TARA SARACENO – An application to construct a covered patio which will result in a variance for maximum coverage by above-grade structures within 140 feet of the front lot line of 22.96%, where 20% is the maximum permitted. The applicant also proposes to widen the driveway which will result in a variance request for a driveway width of 20.2 feet where 16 feet is the maximum permitted at 285 South Pleasant Avenue, Block 4307, Lot 29, in the R-2 Zone. (Continued from October 10, 2017) Mr. Saraceno, homeowner and previously sworn, apologized to the Board for his tone at the previous meeting. Mr. Saraceno testified as to the changes made to the plans, including a change to the proposed driveway to gradually widen it from the existing 10.5 feet to 20.2 feet at 28 feet from the curb. Mr. Saraceno described the reduction to the patio to 350 square feet. Mr. Saraceno explained that he submitted plans for an accessory building in the back yard which was approved by zoning, but stated that he would prefer to build the proposed patio. Board members clarified the variances being requested and the justification for the variances. Mr. Whitaker explained the oversized lot issue and what the Board members should consider.

There were no questions from the public. Mr. Saraceno made closing comments. Comments from the public:          Rocco Orlando, 316 Allen Place, spoke in support of the application.

Following Board deliberation Mr. Alegre made a motion to approve the widening of the driveway and to approve the patio with the condition that Mr. Saraceno does not build an accessory structure, the patio will not be enclosed and that it will be deed restricted. After further discussion the motion made by Mr. Alegre was withdrawn and the applicant is going to consider his options while the Board hears the next application.

New 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; 27.3% coverage by above grade structures of 27.3%, 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. (Carried from October 10, 2017) Joshua Levine, Esq., entered his appearance. Brian Murphy, architect, was sworn and his credentials accepted by the Board. Mr. Levine made introductory remarks and described the property and the existing conditions. Mr. Murphy testified as to what was being proposed and the variances being requested and why they should be approved and described the proposed floor plan. Board members asked for clarification of the percentage over what is permitted. Mr. Murphy explained that the area of the easement cannot be used in the total lot area in considering the coverage by above-grade structure and that they have reduced the size of the steps on the existing rear deck to minimize the coverage.

Questions from the public: Phyllis Goodman, 667 Newcomb Road, asked about the easement and how it was presented by the applicant.

Chairman Lehmann announced that the Licitra/Douglass, 584 Cliff Street and the Prasad/Srivastava, 140 North Maple Avenue, hearings would be carried to November 28, 2017 without further notice.

Comments from the public: Priscilla Farnsworth, 675 Newcomb Road, spoke in opposition to the application as it has been presented. Phyllis Goodman, 667 Newcomb Road, spoke in opposition to the application.

Mr. Whitaker said there was a discrepancy in the coverage from what was approved in 1997. There was further discussion and the hearing was carried to January 23, 2018 without further notice.

The hearing for Michael Saraceno, 285 South Pleasant, was reopened. Mr. Saraceno asked for clarification regarding the deed restriction. Mr. Alegre made a motion to approve the application with a deed restriction that the patio not be enclosed and that there will be no accessory structure in the back yard. Mr. Negrycz seconded the motion and the application was approved with four members voting in favor and one member voting against.

Meeting was adjourned at 10:50 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       March 27, 2018