VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, May 23, 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:

ENID JOSEPH – An application to permit the construction of an attached garage addition which will result in a front yard setback of 15.3 feet, where 45 feet is the minimum required at 683 East Ridgewood Avenue, Block 3614, Lot 8, in an R-1 Zone. (Continued from April 25, 2017)

            New Business:

JONATHON AND JENNIFER STILLMAN – An application to permit the construction of one-story, two-story and second story addition which will result in a side yard setback of 16.75 feet, where 21.34 feet is the minimum required for 325 Heights Road, Block 1916, Lot 1, in an R-110 zone.

AGENDA – CONTINUATION                               Pg. 2                        May 23, 2017

JONATHAN & ERIN TAUBIN – An application to permit the construction of a covered front porch which will result in a front yard setback of 35.1 feet, where 40 feet is the minimum required for the Property located at 240 Bedford Road, Block 1313, Lot 15 in an R-1 zone.

MICHAEL & PAMELA WYNE – An application to permit the construction of a detached garage which will result in coverage by above-grade structures of 21.5% and coverage by above-grade structures within 140 feet of the front lot line of 22.9%, where 20% is the maximum permitted at 144 Circle Avenue, Block 4201, Lot 10 in an R-2 zone.

DANIEL & JACQUELINE SIKORA – An application to permit the construction of a new house which will result in coverage by above-grade structures within 140 feet of the front lot line of 22.73%, where 20% is the maximum permitted, and gross building area within 140 feet of the front lot line of 33.34%, where 32% is the maximum permitted at 214 S. Pleasant Avenue, Block 4303, Lot 6, in an R-1 zone.

CHRISTOPHER ALEPA – An application to permit the construction of one-story and two-story and second story additions and a garage addition and reconstruction which will result in a front yard setback of 31.2 feet to the addition, where 40 feet is the minimum required; a side yard setback of 7.1 feet to the one-story addition under the covered porch, and 7.25 feet to the reconstructed garage, where 10 feet is the minimum required; an aggregate side yard setback of 14.35 feet, where 18.81 feet is the minimum required; coverage by above-grade structures of 21.5% and coverage by above-grade structures of 31.4% within 140 feet of the front lot line, where 20% is the maximum permitted; gross building area within 140 feet of the front lot line of 3,491.5 square feet/44%, where 2,540.4 square feet/32% is the maximum permitted at 325 Stilwell Place, Block 4103, Lot 13 in an R-2 zone.

            Resolution memorialization:         

           Discussion

           Adjournment

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, May 9, 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:

YOO JUNG GESSMAN – An application to permit the construction of a second story addition and a new front porch and steps which will result in a front yard setback of 27 feet to the steps and 32 feet to the porch, where 40 feet is the minimum required; coverage by above-grade structures of 21.6%, where 20% is the maximum permitted and gross building area of 35.6%, where 34% is the maximum permitted at 432 Smith Place, Block 1703, Lot 38 in the R-2 Zone. (Continued from April 11, 2017)

            New Business:

KEITH & CHRISTINE TOBIAS – An application to permit the construction of an attached garage, two-story addition and front vestibule which will result in a building height of 34.17 feet, where 30 feet is the maximum permitted; a front yard setback of 33.75 feet to the vestibule, where 40 feet is the minimum required; coverage by above-grade structures within 140 feet of the front lot line of 26.9%, where 20% is the maximum permitted; gross building area of 45.3%/5,047 square feet, where 32%/3,563 square feet is the maximum permitted and gross building area within 140 feet of the front lot line of 62.4%/5,047 square feet, where 35%/3,897 square feet is the maximum permitted at 333 Spring Avenue, Block 4007, Lot 21, in the R-2 Zone.

            MICHAEL & ELIZABETH LOVECCHIO - An application to permit the construction of one-story and two-story additions which will result in a building height of 35 feet, where 30 feet is the maximum permitted; a side yard setback of 13.8 feet to the landing and 14.2 feet to the addition, where 23.3 feet is the minimum required and coverage by above-grade structures within 140 feet of the front lot line of 20.7%, where 20% is the maximum permitted at 841 Morningside Road, Block 1204, Lot 17, in an R-1 zone.

DAVID KLEIN – An application to permit the construction of a deck and patio which will result in a side yard setback of 8 feet to the deck, where 10 feet is the minimum required; coverage by above-grade structures within 140 feet of the front lot line of 22.45% where 20% is the maximum permitted and coverage by improvements within 140 feet of the front lot line of 56.41%, where 45% is the maximum permitted at 47 John Street, Block 3502, Lot 26, in the R-2 Zone.

CHRISTOPHER & STACEY LACK – An application to permit the construction of two-story addition which will result in a building height of 32 feet, where 30 feet is the maximum permitted; a front yard setback of 33.4 feet to Valley View Avenue, where 40 feet is the minimum required; a rear yard setback of 24.75 feet, where 30 feet is the minimum required and coverage by above-grade structures of 20.5%, where 20% is the maximum permitted at 130 Valley View Avenue, Block 1815, Lot 2, in an R-2 zone.

            Resolution memorialization:         

           Discussion

           Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

APRIL 11, 2017

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:36 p.m.

Present:       Chairman Lehmann, Gary Negrycz, Sergio Alegre, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:         Diana Ruhl, 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

Chairman Lehmann announced that the ENID JOSEPH, 683 East Ridgewood Avenue, Block 3614, Lot 8, application was carried to April 25, 2017 without further notice.

Old Business:

PATRICK & DONNA WARREN – An application to permit the construction of a covered porch, a second floor dormer, two-story addition and new detached garage which will result in a front yard setback of 28.13 feet to the porch, where 40 feet is the minimum required; a side yard setback of 5.1 feet to the dormer, 6.12 feet to the chimney and 7.88 feet to the addition, where 10 feet is the minimum required; coverage by above-grade structures of 25.1% and coverage by above-grade structures within 140 feet of the front lot line of 25.97%, where 20% is the maximum permitted at 162 Hope Street, Block 4007, Lot 17, in an R-2 zone. (Continued from February 14, 2017) (Carried from March 14, 2017) David Rutherford, Esq., and Jordan Rosenberg, Architect, were present with Donna Warren. Mr. Rutherford described the reductions in the plans, revised to March 1, 2017. Mr. Rutherford stated that the side yard setback variances on the south side of the home had been eliminated by no longer proposing a dormer and moving the addition to 10 feet from the property line. Mr. Rutherford said that no variance is required for the driveway and that coverage by above-grade structures had been reduced by 214 square feet by reducing the size of the addition, the front porch, the rear deck and stairs and the garage. The Board members asked what the hardship was for this request and Mr. Rutherford stated based on the sub-standard property width and based upon the location of the

existing home and existing front yard setback, the Board could grant variance relief pursuant to both N.J.S.A. 40:55D-70(c) (1) (a) and (c) (1) (c). There were no questions or comments from the public. After Board deliberation, Mr. Negrycz made a motion to approve the application based on the revised plans, Ms. Bunza seconded the motion and all eligible members voted yes.

New Business:

EDWARD & JEANINE BERRY – An application to permit the construction of a front entryway which will result in a front yard setback of 34+/- feet, where 40 feet is the minimum required at 460 Summit Street, Block 1510, Lot 3, in the R-2 Zone. (Carried from March 14, 2017) Edward and Jeanine Berry were sworn and testified as to the proposed front entryway which would enable them to be able to open the front door completely. The Board members had concerns about the existing front steps and how the proposed entryway would affect them. Ms. Berry stated that the steps would go to the side and would not encroach any further into the front yard. There was discussion regarding the setback, the stair configuration and what the hardship is. There were no questions or comments from the public. After Board deliberation Mr. Brown made a motion to approve the application conditional upon the submission of a drawing with review by the Site Plan Condition for an entryway which will be four feet deep by five feet wide. Ms. Bunza seconded the motion and five members voted yes, one member voted no.

YOO JUNG GESSMAN – An application to permit the construction of a second story addition and a new front porch and steps which will result in a front yard setback of 27 feet to the steps and 32 feet to the porch, where 40 feet is the minimum required; coverage by above-grade structures of 21.6%, where 20% is the maximum permitted and gross building area of 35.6%, where 34% is the maximum permitted at 432 Smith Place, Block 1703, Lot 38 in the R-2 Zone. (Carried from March 14, 2017) John Musinski, Architect, was sworn. Mr. Musinski was present on behalf of the applicant and described the existing conditions and what was being proposed as well as the variance relief being requested. The Board members asked about the hardship and Mr. Musinski said that due to the location of the existing home there was no space for the porch to maintain a 40 foot setback and the lot is undersized. There were questions regarding what was covered in gross building area and lot coverage. The Board members discussed the size and massing of the structure. Mr. Musinski will discuss the Board members’ concerns with the applicant. The hearing was carried to May 9, 2017 without further notice.

RAY SAHIN - An application to permit replacement of the existing deck which will result in a rear yard setback of 26.5 feet, where 30 feet is the minimum required at 555 Emker Terrace, Block 1701, Lot 23, in an R-2 Zone. The applicant bifurcated the application and is being heard regarding the deck only. The

applicants, Ray Sahin and Yuhsiu Lai, were sworn. Mr. Sahin explained that they want to rebuild the deck within the same footprint, and using the existing footings, but with different material. Mr. Sahin presented photos he took of his house and the existing deck which were marked as Exhibits A-1, A-2 and A-3. Mr. Sahin said that they are proposing to level the ground below the deck and put a patio there. Chairman Lehmann said that the patio is not shown on the plans and that the Board is hearing testimony only regarding the deck. The Board members asked for clarification regarding the dimensions of the deck and the footings. There were no questions or comments from the public. After Board deliberation, Mr. Brown made a motion to approve the proposed deck only and Ms. Bunza seconded the motion and five members voted yes, one member voted no.

LADISLAV SEBESTYAN – An application to permit the construction of a shed which will result in a side yard setback of 4 feet, where 5 feet is the minimum required at 967 Hillcrest Road, Block 1201, Lot 9 in the R-1 Zone. Mr. Sebestyan was sworn and testified that the new shed was constructed with all the proper permits. The footings were put at four feet from the property line in error by the contractor. Chairman Lehmann explained that the Board hears the application as if the shed was not there. Board members had questions regarding what was approved by the Building Department and what had been inspected. There were questions regarding the contractor. There were no questions or comments from the public. After Board deliberation, Mr. Negrycz made a motion to deny the application. Chairman Lehmann seconded the motion, four members voted yes to deny and two members voted no.

PENG AND YUAN LI – An application to permit the widening of an existing driveway to 16 feet, where 14 feet is the maximum permitted at 425 Smith Place, Block 1704, Lot 3. The Property is in an R-2 zone. Mr. Li was sworn and testified as to the need for widening the front portion of the driveway due to the narrowness of the existing driveway and the shape of the lot. The Board members asked why they could not park behind the house, Mr. Li explained that the back yard is lower and there is a retaining wall and a large tree which makes it difficult to maneuver. There were no questions or comments from the public. After Board deliberation, Mr. Alegre made a motion to deny the application. Mr. Papietro seconded the motion and all members vote yes to deny.

Meeting was adjourned at 10:06 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        April 25, 2017

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

MARCH 22, 2016

Opening:

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

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

Absent:         Diana Ruhl, 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.

New Business:

KURT HEDDEN – An application to permit the construction of a one-story and two-story addition which will result in a side yard setback of 9.98 feet, where 10 feet is the minimum required; coverage by above-grade structures of 32%, where 25% is the maximum permitted; coverage by improvements of 48%, where 45% is the maximum permitted and Gross Building Area of 43%/2,122 square feet where 35%/2,856 square feet is the maximum permitted at 24 Ethelbert Place, Block 2209, Lot 10, in an R-3 Zone. (Carried from March 8, 2016) Kurt Hedden and Peter Cooper, Architect, were sworn. Mr. Cooper described the existing conditions, the property and what was being proposed. Mr. Cooper explained the hardship due to an undersized lot. Two sheets of photos were distributed and marked as Exhibits A-1 and A-2 and a list of lot sizes in the area was marked as Exhibit A-3. Mr. Cooper presented a tax map and photos which were marked as Exhibit A-4. The Board members had questions regarding an inconsistency between the site plan and the floor plan. Mr. Cooper said that the zoning chart is accurate. The Board members had questions about the third floor and the distance between the principal dwelling and the garage. Board members questioned the size of the addition on the existing lot, the number of variances being requested and the possibility of reducing the addition. Mr. Cooper explained the hardship created by the undersized nature of the lot in the R-3 zone. There were no questions from the public.

Jane Rymer, 20 Ethelbert Place, was sworn and stated that the proposed addition is next door to her property and that it does not fit in the neighborhood and asked the Board to deny the application.

Nilay Donmez, 28 Ethelbert Place, was sworn and distributed a sheet showing  

the gross building area of other Ethlebert Place homes, which was marked as Exhibit O-1. Ms. Dommez explained why she is opposed to this application.

Yusuf Donmez, 28 Ethelbert Place, was sworn and submitted three photos, which were marked as Exhibit O-2. Mr. Donmez read from a statement explaining why he is opposed to this application.

Robert Marshall, 319 Walthery Avenue, was sworn and read a statement that he had previously been a Village employee and member of the Planning Board and explained that he was opposed to this application as it exceeds many of the regulations of the Village Code.

Vince Welcome, 34 Ethelbert Place, was sworn and explained why he is opposed to this application.

Gail Cutler, 11 Ethelbert Place, was sworn and explained why she is against this application.

Mr. Cooper and Mr. Hedden responded that due to the overwhelming sense of community objection, they are not sure how to go forward. The hearing was carried to May 10, 2016 without further notice.

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 July 28, 2015). Dr. Bruce Eisenstein, Board Radio Frequency Engineer, was sworn. Judith Fairweather, Esq., was present on behalf of all the applicants. David Soloway, Esq., was present on behalf of Verizon. Ms. Fairweather explained the revisions submitted since the July meeting. Daniel Penesso, Radio Frequency Engineer on behalf of AT&T, was previously sworn. Mr. Penesso testified as to why the water tank on East Saddle River Road would not provide the coverage needed and that the height of the proposed tower is necessary to cover the gap area. A map, titled AT&T Composite Coverage, Water Tank Height at 86 Feet, was distributed and marked as Exhibit A-7. Mr. Penesso explained the map and how the network works. Dr. Eisenstein asked about the frequency. Board members had questions regarding frequency and coverage.

Glenn Pierson, Radio Frequency Engineer on behalf of Verizon, was previously sworn. Mr. Pierson provided up-to-date capacity charts, which were marked as Exhibit A-8, at the request of the Board, and explained the data provided. There were no questions from the Board. Dr. Eisenstein asked if Mr. Pierson if he had done drive tests that verify the gap in coverage and if anything had changed. Mr.  

Pierson said he had and that nothing had changed regarding the gap in coverage.

Public questions: David Lengan, 415 Ponfield Place, asked about the frequencies and the gap in coverage.

Reeves Whitney, civil engineer, was sworn and his credentials as a civil engineer were accepted. Mr. Reeves testified regarding the changes in the plans, revised to March 1, 2016, and marked as Exhibits A-9 (Sheet Z03) and A-10 (Sheet Z04), stating that the compound area would be 20 feet by 20 feet and the monopine height was increased to 136 feet.

Frank Degenova, project manager with Crown Castle, was sworn. Mr. Degenova testified regarding the questions the Board had concerning the tree pole, such as branches falling off, icing and discoloration. Mr. Degenova described the maintenance of the poles and the types of incidences that occur. The Board members had questions regarding the design of the different models and asked for more detail regarding the monitoring system. Board members asked which of the three models provided the best coverage for liability, safety, maintenance and life span. Mr. Degenova stated that the monopole gives the carriers the greatest flexibility to evolve the technology.

Public questions: Diane Haderthauer, 470 Albin Court, asked about the class B and class C incidents reported and could they go back to 2001 and get that information. Mr. Degenova said he could get the data from the last five years.

David Marks, 485 Franklin Turnpike, asked about incidences of fire in monopoles. Mr. Degenova explained that contractors sometimes torch a hole in the pole to put their coax in the pole, but this particular structure would already have ports in place. Mr. Marks asked about the protocol about dealing with bird nests in the tree towers. Mr. Degenova stated that they shut down the towers with active bird nests.

Jim Dowling, Professional Planner, was sworn. Mr. Dowllng presented an aerial map which was marked as Exhibit A-10 and described the area of the proposed tower. Mr. Dowling showed a series of photographs from different viewpoints in the area, which was marked as Exhibit A-11. The photos showed the existing view and the view with the proposed tower. Mr. Dowling described each set of photos in detail. The Board members asked about seeing photos of what it would look like during the winter months.

Public questions: David Marks asked Mr. Dowling to look into the distance and view from another property.

Diane Haderthauer, 470 Albin Court, and Ronald Weglinski, 480 Albin Court, said that they could see the existing tower clearly from their properties.

Ms. Fairweather stated that the applicant would give an extension of the time limitation. Dr. Eisenstein was excused. The hearing was carried to May 24, 2016.

Resolution memorialization: The following resolutions were memorialized:    

-       Merlino, 372 Wastena Terrace

-       Kim/Kwak, 291 Highland Avenue

-       Gidich, 584 Cliff Street

-       Capital One Bank, 10 Godwin Avenue

Meeting was adjourned at 10:44 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:        April 25, 2017