VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, August 29, 2017

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:

657 RIDGEWOOD LLC – An application for amended preliminary and final site plan approval with use and bulk variances in order to construct a quick service restaurant with drive-thru service and gasoline refueling operation at 657 Franklin Turnpike, Block 4703, Lot 14, in an OB-2 zone.

            Resolution memorialization:         

           Discussion

           Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

SEPTEMBER 26, 2017

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:38 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; Christopher Rutishauser, Village Engineer; Brigette Bogart, Village Planner; John Jahr, Traffic Consultant for the Board 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.

Public hearings

Chairman Lehmann announced that the following applications were carried to October 10, 2017 without further notice:

            Michael Coniff and Amy Dombach, 215 Kenilworth Road

            Michael and Tara Saraceno, 285 South Pleasant Avenue

            Richard Purington and Ann Dickinson, 151 Grant Street

Old Business:

PANICO – A request that the approval of variances for the property located at 152 Valley View Avenue be extended for a period of one year, through September 22, 2018. Chairman Lehmann made a motion to approve, Ms. Ruhl seconded, and all Board members voted yes.

657 RIDGEWOOD LLC – An application for amended preliminary and final site plan approval with use and bulk variances in order to construct a quick service restaurant with drive-thru service and gasoline refueling operation at 657 Franklin Turnpike, Block 4703, Lot 14, in an OB-2 zone. John Marmora, Esq., was present on behalf of the applicant and Robert Inglima, Esq., was present for the objectors. Mr. Marmora stated that they had met with Ms. Bogart and Mr. Jahr and briefly described some of the revisions made to the site plan.

John Palus, previously sworn civil engineer, explained the revisions to the site plan, which was marked as Exhibit A-14. Mr. Palus addressed the issues in the report from Christopher Rutishauser, Village Engineer. Mr. Rutishauser referred to correspondence regarding site remediation and Mr. Marmora said that the applicant would do whatever is required of them. Board members asked for clarification regarding the width of the sidewalk, Mr. Palus explained that it is code and ADA compliant.

Nicholas Verderese, previously sworn traffic engineer, testified regarding the additional counts which were done and the revised parking and circulation. John Jahr, traffic expert for the Board, was sworn. Mr. Jahr commented that the applicant addressed the Board members concerns and that the changes on the site would be a benefit to the community.

The Board members had questions regarding the revisions, traffic counts and peak hour traffic and pedestrian safety. Board members had questions about the number of parking spaces and the number of tables and seats. Mr. Verderese explained how they collect the data and compare with other locations.

Ms. Bogart asked about relocating the door to help with the issue of ADA access. There was discussion about the ramp and relocating the ADA parking space. Mr. Verderese and Mr. Palus agreed that the parking space could be relocated.

John McDonough was sworn and accepted as a Professional Planner. Mr. McDonough showed aerial photos and photos of the existing site which was marked as Exhibit A-15. Mr. McDonough testified regarding the variances being requested and the positive criteria. Elevation drawings were shown and marked as Exhibit A-16 and Exhibit A-17. Board members had questions regarding the necessity of the second sign and they agreed to remove that sign. Mr. Rutishauser asked about the landscaping and Board members asked if there could have more green. Mr. Marmora said they would submit a landscape plan subject to Board approval.

Brigette Bogart, Village Planner, was sworn. Ms. Bogart testified as per her review of the application. Ms. Bogart said that some parking spaces could be identified as green to reduce the impervious coverage and be used as additional parking spaces in the future if needed. Ms. Bogart explained that she and Mr. Jahr had met with the applicant’s professionals and they have addressed the Board’s concerns.

Board members expressed concern over the increase in impervious coverage. Mr. Marmora stated that the applicant would consider trading a parking space for some green area.

Robert Inglima, Jr., representing Bergen Convenience Flagship, Inc., said he had no questions but said that his client was in favor of the revisions and that the issues had been resolved.

There were no other public questions or comments.

Mr. Whitaker clarified the stipulations and what will be in the resolution and addressed the issues regarding the landscaping and the parking spaces.

Mr. Marmora made closing comments. Following Board deliberation Mr. Brown made a motion to approve the proposed improvements with the discussed stipulations, Ms. Matthews seconded, and 5 members voted yes, 2 voted against.

Chairman Lehmann made a motion to have the landscape plan show a reduction in the parking to 10 spaces to add landscaping, Ms. Matthews seconded, and 6 members voted yes, one voted against.

Meeting was adjourned at 10:37 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        November 14, 2017

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

AUGUST 29, 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, Gary Negrycz, Diana Ruhl, Greg Brown, Ines Bunza, and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney; Christopher Rutishauser, Village Engineer; Brigette Bogart, Village Planner; John Jahr, Traffic Consultant for the Board and Jane Wondergem, Board Secretary.

Absent: Alyssa Matthews, 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

New Business:

657 RIDGEWOOD LLC – An application for amended preliminary and final site plan approval with use and bulk variances in order to construct a quick service restaurant with drive-thru service and gasoline refueling operation at 657 Franklin Turnpike, Block 4703, Lot 14, in an OB-2 zone. John Marmora, Esq., was present on behalf of the applicant and Robert Inglima, Esq., was present for the objectors. Mr. Whitaker explained the Whispering Woods Hearing process to the Board.

Mr. Marmora made introductory remarks explaining that if the proposed settlement plan is accepted by the Board the approvals for the 7-11 convenience store would be abandoned and the litigation would be terminated. The following exhibits were submitted:

            A-1 – Zoning Board Resolution memorialized June 23, 2015

            A-2 – Zoning Board Resolution memorialized November 24, 2015

A-3 – Order of Final Judgment entered by Judge Meehan on March 22,               2017

A-4 – Notice of Appeal filed April 28, 2017

A-5 – Prior approved site plan prepared by Dynamic Engineering

A-6 – Aerial photograph of site

A-7 – Color version of new site plan

A-8 thru A-12 – Photo renderings

A-13 – Supplemental traffic report by Dynamic Traffic dated August 29, 2017

John Palus was sworn and qualified as an expert in civil engineering. Mr. Palus testified regarding the existing conditions and the previously approved site plan. Mr. Palus displayed a color version of the revised site plan and described what was being proposed. Mr. Palus explained the bulk variances being requested, which included front yard setbacks from Route 17 for the building and for the canopy; front yard setback for the building from Franklin Turnpike and a variance for impervious coverage. Mr. Palus showed photo renderings from several viewpoints.

Board members had questions regarding the number of pumps, parking spaces, employee parking, traffic circulation and distance between the canopy and the parking area for the Dunkin Donuts. Ms. Bogart asked about the variance for a free standing sign, the location for a bicycle rack and if the Bergen County easement had any effect on what was proposed. Mr. Palus stated that they would add a bicycle rack to the plan and that they are outside the Bergen County easement. Mr. Rutishauser asked about the location for any trash receptacles and about the sewer connection fee and grading plan. Mr. Palus said that those issues would be addressed.

Nicholas Verderese was sworn and qualified as an expert in traffic engineering. Mr. Verderese testified regarding the traffic counts that were done and described the layout, driveways, access and egress, circulation and parking.

Board members had questions regarding the state requirements for parking and asked how the trip calculations for this site plan compared to the prior approved site plan. There were questions regarding safety and the circulation of traffic. Board members asked if there was data comparing drive-thru only and sit-down uses. The Board asked what towns were used to show what the traffic would be like for this site. Mr. Verderese stated that a drive-thru Old Bridge location was used. Mr. Whitaker said that the Board needed additional data from other Bergen County sites.

Kamlesh Shah was sworn and qualified as an expert in architecture. Mr. Shah described the floor plan of the proposed Dunkin Donuts. Board members had questions regarding the need for two coffee stations.

After Board discussion the hearing was carried to September 26, 2017 without further notice.

Meeting was adjourned at 10:17 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        November 14, 2017

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

 AGENDA

Tuesday, November 14, 2017

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:           August 29, 2017

                                                September 26, 2017

Non-agenda items:

            Board member comments

            Members of the public comments

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)

AGENDA – CONTINUATION                                                              November 14, 2017

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)

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)

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)

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.

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.

            Resolution memorialization:         

           Discussion

           Adjournment