VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

SEPTEMBER 25, 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:       Sergio Alegre, Diana Ruhl, Greg Brown, Ines Bunza, Isaac Lebow and Jonathan Papietro. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary. 

Absent:        Gary Negrycz and Alyssa Matthews

Approval of minutes:       The minutes from April 24, 2018 were approved.

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 Alegre announced that the JOANN ALVAREZ WEBB, 482 Sterling Place, application was carried to October 9, 2018, without further notice.

Old Business:

RICHARD & ANDREA LEONARZ – An application to permit the construction of a second story addition which will result in a building height of 30.8 feet, where 30 feet is permitted; rear yard setback of 8.79 feet, where 30 feet is required; coverage by above-grade structures of 23.6%, where 20% is permitted, coverage by improvements of 45.5%, where 45% is permitted, and gross building area of 35.6%/2,991 square feet, where 35%/2,945 square feet is permitted at 23 Southern Parkway, Block 4005, Lot 38, in the R-2 Zone. (Continued from August 28, 2018 without further notice) John Musinski, architect, previously sworn, testified regarding the plans, revised to 9/12/18. Mr. Musinski clarified the changes to the zoning table and the variances being requested. Board members had questions about the building height; Mr. Musinski explained that they were continuing the existing roof line. Board members asked about the hardship; Mr. Musinski stated that it was the location of the existing dwelling on an undersized lot. There were no questions or comments from the public. Following Board deliberation, Mr. Lebow made a motion to approve the application, Mr. Brown seconded, and the application was approved with 5 yes votes, one member voted no.

309 WESTGATE ASSOCIATES, LLC - An application to permit the construction of a new single family residence on a nonconforming lot located upon a steep slope at 309 Westgate Road, Block 2808, Lot 13, in an R-125 zone.  (Continued from June 26, 2018, and carried from August 28, 2018 without further notice) Jim Delia, Esq., was present on behalf of the applicant and Robert Simon, Esq., was present on behalf of the objectors. Mr. Delia recapped the previous hearing. James O’Donnell was sworn and his credentials as a certified real estate appraiser accepted. The following exhibits were marked:

-        Exhibit A-1a James O’Donnell C-V and certification

-        Exhibit A-2a Appraisal of 350 Stonycroft Road, dated 2/12/18

-        Exhibit A-3a Appraisal of 309 Westgate Road, dated 2/12/18

-        Exhibit A-4a Appraisal of 309 Westgate Road, dated 9/10/18

-        Exhibit A-5a page from Village of Ridgewood tax map

Mr. O’Donnell testified in detail regarding the appraisals he prepared. Board members asked if Mr. O’Donnell compared what houses sold for in the Hillcrest neighborhood to what they sold for in the Westgate neighborhood, as they are very different neighborhoods. Mr. O’Donnell said he compared the land sales that were available that were principally in the western section of Ridgewood. Board members asked if the different zones were taken into consideration; Mr. O’Donnell said he compared the acreage of the properties.  Board members asked if the topography of the comparable lots was considered and if there is a discount in value for steep slope. Board members had further questions regarding the comparability of the appraised properties and regarding the discounts not being consistent. Jordan Rosenberg, property owner, was sworn and answered some of the Board member’s questions in regards to a property on West Ridgewood Avenue across the street from one of the properties included in the 35 Stonycroft Road appraisal.

Mr. Cascio clarified the exhibits. The hearing was carried to October 23, 2018, without further notice.

New Business:

DANIEL & DIANE CALKINS  –  An application to permit the construction of a new covered front porch and steps which will result in side yard setbacks to the porch of 19.7 feet and 16.13 feet, where 21.67 feet is required; coverage by above grade structures within 140 feet of the front lot line of 22.8%, where 20% is permitted and coverage by all improvements within 140 feet of the front lot line of 49.7%/4,478.2 square feet, where 45%/4,058.6 square feet is permitted at 80 Crest Road, Block 2107, Lot 4, in an R-1 Zone. Daniel Calkins, homeowner, was present and sworn. Douglas Battersby was sworn and his credentials as a licensed architect accepted. Mr. Battersby testified regarding the existing conditions on the property, what is being proposed and the variances being requested due to the undersize lot and the narrowness of the lot. Mr. Battersby testified regarding the plans he prepared, revised to 7/16/2018. Board members asked if they ever intended to enclose the porch; Mr. Battersby said they would not. Mr. Cascio clarified the numbers and the dimensions. There were no questions or comments from the public. Following Board deliberation, Ms. Ruhl made a motion to approve with the condition that the porch is never enclosed, Ms. Bunza seconded, and all members voted yes to approve.

Meeting was adjourned at 10:19 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       December 11, 2018

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

AUGUST 14, 2018

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

Absent:        Alyssa Matthews, Isaac Lebow

The schedule of meetings for the year July 1, 2018 to June 30, 2019 was adopted. Ben Cascio, Esq., was appointed as Alternate Attorney to the Board for the year July 1, 2018 to June 30, 2019.

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 Alegre announced that the Hogan, 82 John Street, hearing was carried to September 11, 2018, without further notice.

Old Business:

ACKERMAN PRESERVATION LLC – A modification to the Resolution granting variance approval for the construction of a two story addition, garage and patio at 415 East Saddle River Road, Block 4804, Lot 15, in the R-125 Zone. David Schwartz, Esq.,  homeowner, was present. The Board discussed modification to the resolution in regards to the Historic Preservation Easement. Mr. Brown made a motion to approve the modified resolution, Mr. Papietro seconded and all members voted yes.

VAN DYK HEALTH CARE, INC. – An application for re-approval of previously granted preliminary and final major subdivision approval for the property located at 269-312 South Van Dien Avenue, Block 4107, Lots 14, 15, 16, 17, 18, 19, in the R-125 Zone. Mr. Whitaker gave background information in regards to the subdivision and use variance approval given in 2014, explaining that the subdivision map was not filed with the County Planning Board within 190 days. Adam J. Faiella, Esq., was present on behalf of the applicant. Mr. Faiella explained that the approved improvements had been completed with proper permits and it is only the subdivision that needs to be finalized. There was discussion regarding the permits and approvals. Mr. Whitaker said that a certificate of approval for the improvements is needed.

Questions from the public: James Taylor, 259 S. Van Dien Avenue, asked to see the plans. Rob Willis, 256 Brookside Avenue, asked why the lots were being reconfigured and were any other expansions being planned. Mr. Faiella explained that the prior lots were irregular and the new lot lines give the Health Care Center more space. Mr. Whitaker said that any future improvements or expansions would need to come back to the Board.

Mr. Brown made a motion to approve, Ms. Ruhl seconded, and all members voted yes to approve.

New Business:

PATRICK & ANNE MARIE McDONNELL – An application to construct a second story addition, front covered portico and steps, front walkway, and to modify the existing rear patio, which will result in a side yard setback of 16.79 feet, where 20.33 feet is required for the Property located at 372 Shelbourne Terrace, Block1308, Lot 5, in the R-1 Zone. Ms. Ruhl recused herself from this hearing. Patrick McDonnell, homeowner, was sworn. Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht distributed a photo packet which was marked as Exhibit A-1. Mr. Schlicht testified that prior variance approval from 2014 was given but only the front entry was done. Mr. Schlicht testified as to what was being proposed and described the plans. Mr. Whitaker clarified what was proposed before and completed and what was being proposed now. Board members had questions about the patio and Mr. McDonnell said that the existing patio is being reduced. There were no questions or comments from the public. Following Board deliberation Mr. Brown made a motion to approve, Mr. Papietro seconded, and all eligible members voted yes to approve.

Resolution memorialization:       The following resolutions were memorialized:

          Wilday, 218 Sunset Avenue

          Nakasone, 321 North Pleasant Avenue

Meeting was adjourned at 8:10 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       December 11, 2018

JULY 24, 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.

Isaac Lebow took the Oath of Office.

Present:       Sergio Alegre, Gary Negrycz, Greg Brown, Diana Ruhl, Alyssa Matthews, Ines Bunza, IJonathan Papietro and Isaac Lebow. Also present were Ben Cascio, Esq., covering for Bruce Whitaker, Esq. and Jane Wondergem, Board Secretary. 

Absent:       

Approval of minutes:       The minutes from March 27, 2018 were approved.

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 Alegre announced that the 309 Westgate, LLC hearing was carried to August 28, 2018, without further notice.

New Business:

JAMES & GABRIELLA WILDAY – An application to permit the construction of a 2-story addition and a rear covered porch and a 1-story addition to the detached garage which will result in coverage by improvements 43.7%, where 40% is permitted; coverage by improvements within 175 feet of the front lot line of 45.9%, where 40% is permitted; gross building area of 25.5%/5,092 square feet, where 24%/5,000 square feet is permitted; gross building area within 175 feet of the front lot line of 29.1%/5,092 square feet, where 29%/4,620 square feet is permitted and a side yard setback of an accessory structure of .78 feet, where 5 feet is required at 219 Sunset Avenue, Block 1918, Lot 11, in the R-110 Zone. Ms. Ruhl recused herself from this hearing. Mr. and Mrs. Wilday, homeowners sere sworn, and Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht distributed a packet with photos and elevation drawings which was marked as Exhibit A-1. Mr. Schlicht testified regarding the existing conditions on the property and the drawings of what is being proposed. Mr. Schlicht made a correction to the notice, stating that a variance for gross building area is not needed. Mr. Schlicht and the applicant testified as to the hardship created by the existing location of the garage. Board members had questions regarding the gross building area and the existing vegetation. There were no questions or comments from the public. Following Board deliberation Mr. Papietro made a motion to approve the application, Mr. Brown seconded, and all Board members voted yes.

Discussion: Ban, 317 Cantrell Rd. – One year extension of variance approval to July 11, 2019. Ms. Matthews made a motion to approve the one year extension of variance approval, Mr. Brown seconded the motion and all Board members voted yes.

There was Board discussion regarding having a couple Board members meet with Council members regarding the drive-thru Starbucks on Franklin Avenue. Chairman Alegre brought up the possibility of having a Council member be a liaison to the Board. Mr. Cascio said that would need to be researched, but that the Board Chairman could be sent to the Council with a report. There was further discussion regarding communication between the Board and the Council.

There was Board discussion regarding putting together a packet for Board members including definitions, zoning map and other materials.

Meeting was adjourned at 8:54 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       December 11, 2018

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JULY 10, 2018

Opening:

The reorganization meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:45 p.m.

REORGANIZATION:

Alyssa Matthews and Jonathan Papietro took the Oath of Office.

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

Absent:        Isaac Lebow

          Board Attorney:                 Bruce Whitaker

          Chairman:                         Sergio Alegre

          Vice Chairman:                 Greg Brown

          Chairman Pro Tem:           Gary Negrycz

          Board Secretary:               Jane Wondergem

          Board Professionals:         Chris Rutishauser, Village Engineer

                                                  Brigette Bogart, Village Planner

          Site Plan Committee:         Gary Negrycz, Jonathan Papietro, Diana Ruhl

The By-Laws of the Zoning Board were adopted. The Resolution of Adoption in the Matter of Compliance with the Requirements of the Open Public Meetings Act was approved, as was the schedule of meetings for the year July 1, 2018 to June 30, 2019.

The Reorganization meeting was closed.

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:57p.m.

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:

TOM & KELLY NAKASONE – An application to permit the construction of a covered entry, 2-story addition, rear covered porch, patio with in-ground pool and detached garage which will result in coverage by above-grade structures within 140 feet of the front lot line of 24%, where 20% is permitted at 321 North Pleasant Avenue, Block 3305, Lot 21, in the R-2 Zone. (Carried and renoticed from June 26, 2018) Roger Schlicht, architect, previously sworn, was present on behalf of the applicant. The application was heard on June 26, 2018 and then carried to July 10, 2018 due to an error in the notice. There was no further testimony and no questions or comments from the public. Following Board deliberation, Mr. Negrycz made a motion to approve the application with the condition that a landscape plan be submitted for review by the Site Plan Committee, Ms. Matthews seconded and all members voted yes to approve.

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 and carried from June 12, 2018) Jim Delia, Esq., was present on behalf of the applicant. John McDonough was sworn and his credentials as a professional planner accepted. Mr. McDonough testified regarding the use variance, bulk variances and sign variances. Mr. McDonough submitted a photo packet, which was marked as Exhibit A-1 7/10/18. The photos included an aerial view of the subject property, views of and around the subject property and views of the highway ramp and Route 17 frontage. Mr. McDonough testified as to why the proposed use should be permitted in regards to the public benefit; providing a desirable visual environment; more efficient use of land and providing for a variety of uses in an appropriate location. Mr. McDonough testified regarding the setback relief being requested and the enhanced buffering being proposed and the signage relief being requested.

Brigette Bogart, Village Planner, was sworn. Ms. Bogart commented on the issues the Board needed to consider, such as the negative impact in regards to lighting, noise, buffer and fire lanes, and as far as the impact on the zoning ordinance and the master plan.

Board members had questions regarding the intent of the Planning Board when they prohibited drive-thru uses in this zone in 2012. Board members had concerns regarding safety, and what happens if the use is permitted and there are issues over time. Board members discussed the issues regarding traffic at the drive-thru Starbucks on Franklin Avenue and asked about delivery trucks. James Poole, one of the property owners, was sworn and testified regarding size of delivery trucks that currently go onto the property for any of the existing businesses. Adam Updike, operations manager for Starbucks, was sworn. Mr. Updike testified that Starbucks does not make 18-wheeler deliveries. Board members stated that they have seen large trucks making deliveries on Franklin Avenue and that many of the concerns that the Board had about the Franklin Avenue Starbucks drive-thru have become issues.

Mr. Delia asked for all Board members to state the concerns and questions they have, including in regards to the Franklin Avenue location, and the applicant and Starbucks will look into them for the next hearing. Board members had concerns about the hours of delivery, enforcement of traffic issues and the barrier walls.

The hearing was carried to August 28, 2018, without further notice.

The WILDAY, 218 Sunset Avenue, application was carried to July 24, 2018, without further notice.

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. (Continued from June 12, 2018 without further notice) Chairman Alegre and Ms. Ruhl recused themselves from this hearing. David Rutherford, Esq., was present on behalf of the applicants and Robert Inglima, Esq., was present on behalf of Mr. and Mrs. Reynolds and Mr. and Mrs. Cron. Mr. Inglima continued cross examination of Roger Schlicht, architect, regarding his testimony as to the drawings he prepared. Mr. Inglima had questions regarding the lack of detail and in the plans and Mr. Schlicht explained that he did renderings for the application to the Board and detailed drawings would be submitted for permits. Mr. Inglima had several questions regarding the accuracy of the windows and how they line up in the rendering. Mr. Schlicht explained that the drawings submitted were artistic renderings. Mr. Inglima said he would like to see the plans corrected to show more detail.

The hearing was carried to August 14, 2018, without further notice.

Resolution memorialization:       The following resolutions were memorialized:

-         322 South Van Dien, LLC

-         Papageorge, 212 Hamilton Road

-        Ackerman Preservation, 415 E. Saddle River Rd   

Meeting was adjourned at 10:13 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       December 11, 2018