VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

 AGENDA

Tuesday, December 11, 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:          July 10, 2018;   July 24, 2018; August 14, 2018;  September 25, 2018

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

          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 December 31, 2018, 2018  to February 28, 2019 at 490 Route 17, Block 4703, Lot 11, in an OB-2 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 9.2 feet to the first floor and 9.2 feet to the 2^nd floor; side yard setback on the right of 6.8 feet to the chimney, 8.3 feet to the addition and 8.7 feet to the deck, where 20 feet is required;  combined side yard setback of 15.9 feet, where 16.5 feet is required; coverage by above-grade structures of 22.3%, coverage by above-

AGENDA – CONTINUATION                                                         December 11, 2018

grade structures within 140 feet of the front lot line of 23.7%, where 20% is

permitted for both; coverage by improvements within 140 feet of the front lot line of 46.76%, where 45% is permitted and gross building area of 37.76%/2,643 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 October 30, 2018 without further notice)

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

1/30/18; 3/13/18; 4/24/18; 7/10/18) (Carry to January 22, 2019 without further notice)

          New Business:

TERENCE ROBINSON & WILLIAM HALL – An application to renovate and update the interior and exterior of the existing detached carriage house/garage and to renovate, update and expand the second floor guest suite of the carriage house, which will result in a use variance for an apartment over the garage and the expansion or alteration of a nonconforming structure or use at 151 West End Avenue, Block 2511, Lot 1, in the R-110 Zone. (Carried from November 13, 2018)(Carried from November 27, 2018)

          Resolution memorialization:        

          Discussion:   Concerns re: Starbucks drive-thru, Franklin Avenue

          Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JUNE 26, 2018

Opening:

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

Present:       Sergio Alegre, Gary Negrycz, Diana Ruhl, 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:        Diana Ruhl

Sergio Alegre was acting Chairman.      

Approval of minutes:       The minutes from February 27, 2018 and March 13, 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

Old Business:

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, Lot13, in an R-125 zone.  (Cont. from May 22, 2018) James Delia, Esq., was present on behalf of the applicant and Robert Simon, Esq., was present on behalf of the objectors. Mr. Delia addressed the memorandums from all parties and Mr. Whitaker reminded the Board that the res judicata issue was closed and confirmed on the record by roll call that all Board members had read all the documents and were eligible to deliberate and vote on the res judicata issue. Following Board deliberation, Mr. Negrycz made a motion that res judicata does not apply to this application, Ms. Matthews seconded, and all Board members voted yes. The hearing regarding the variance was carried to July 24, 2018 without further notice.

Mr. Simon asked that the res judicata decision not be memorialized until the conclusion of the proceedings. Mr. Whitaker asked that the time period to produce the resolution be waived. Both attorneys concurred.

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. (Continued from May 8, 2018) Robert Schwartz, Esq., owner of the property, was present. Mr. Whitaker confirmed that the documentation previously required had been received and was satisfactory. Tibor Latincsics, engineer, previously sworn, testified regarding the Plot Plan dated 11/17/17, revised to 4/9/18. Mr. Latincsics described the existing conditions on the property, what was proposed and the variances being requested. Mr. described the hardship as being the location of the existing dwelling, and the benefits as saving and upgrading the existing historic structure. Board members asked about the driveway and about the retaining wall on the East Saddle River Road side of the property. There were no questions or comments from the public. Mr. Schwartz made closing comments. Following Board deliberation Mr. Lebow made a motion to approve, Mr. Brown seconded and all members voted yes.

New Business:

CANDICE PAPAGEORGE – An application to permit the construction of  a covered front porch over the existing platform, a one story mud room addition at the rear of the house, an elevated patio and stair and a patio on grade which will result in a side yard setback of 14.4 feet, where 21.44 feet is required; coverage by above-grade structures of 22.5% and coverage by above-grade structures within 140 feet of the front lot line of 22.87%, where 20% is permitted for both, and gross building area within 140 feet of the front lot line of 3,395 square feet, where 3,360 square feet is permitted at 212 Hamilton Road, Block 1305, Lot 5, in the R-1 Zone. Stratis Papageorge, homeowner, was sworn. Joseph Bruno was sworn and his credentials as a licensed architect accepted. Mr. Bruno distributed a photo packet of the existing conditions on the property, marked as Exhibit A-1, and described what was being proposed. Mr. Bruno explained that the lot is severely undersized and listed the variances being requested. Board members had questions regarding the zoning data and the side yard setback, which is not being exacerbated. Mr. Whitaker explained that a breakdown of the square footage of the structure coverage and the gross building area is needed. There were no questions from the public. Mr. Bruno made closing comments. There were no comments from the public. Following Board deliberation Mr. Negrycz made a motion to approve, with the condition that the architect submit and certify calculations for coverage to be reviewed and approved by the Zoning Code Official, Ms. Matthews seconded and all members voted yes.

322 S. VAN DIEN, LLC – An application to permit the renovation and expansion of the home and construction of a new two-car detached garage which will result in a front yard setback of 39.3 feet, where 50 feet is required; side yard setbacks of 12 feet and 10.8 feet, where 20 feet is required; combined side yard setback of 22.6 feet, where 22.1 feet is required; coverage by above-grade structures within 200 feet of the front lot line of 21.9%, where 20% is permitted and gross building area within 200 feet of the front lot line of 4,293 square feet, where 4,060 square feet is permitted at 322 South Van Dien Avenue, Block 4107, Lot 21, in the R-125 Zone. Chairman Alegre and Mr. Lebow recused themselves from this hearing. Mr. Negrycz acted as Chairman. David Rutherford, Esq., entered his appearance on behalf of the applicant. Mr. Rutherford stated that currently this is a two family home and the applicant will eliminate the nonconformity and create a single family home. Mr. Rutherford explained the variances being requested and distributed a photo packet, prepared by Mr. Rosenberg, showing the existing conditions on the property, rendering of what is proposed and photos of the neighboring homes, which was marked as Exhibit A-1. Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Mr. Rosenberg testified regarding the plans he prepared, revised to 3-22-18. Mr. Rosenberg explained that the lot is narrow and if it were conforming there would be no variances. Board members clarified the numbers on the zoning table. There were no questions or comments from the public. Mr. Rutherford made closing comments. Following Board deliberation, Mr. Brown made a motion to approve, Ms. Matthews seconded, and all members vote yes.

TOM & KELLY NAKASONE – An application to permit the construction of a covered entry, 2-story addition, rear covered porch, patio and in-ground pool and detached garage which will result in a height of 33.3 feet, where 30 feet is permitted; coverage by above-grade structures within 140 feet of the front lot line of 24%, where 20% is permitted and coverage by improvements of 8,893 square feet, where 8,750 square feet is permitted at 321 North Pleasant Avenue, Block 3305, Lot 21, in the R-2 Zone. Kelly Nakasone, homeowner, was sworn. Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht distributed a photo packet he prepared, which was marked as Exhibit A-1. Mr. Schlicht testified regarding his drawings, revised to 6-26-18. Mr. Schlicht described the property and the variances being requested. Mr. Whitaker asked if the applicant would be willing to agree to a deed restriction indicating that both porches remain open. He Cixin, 317 North Pleasant Avenue, had concerns about the height of landscaping or a fence. The applicant said that they have no immediate plans regarding the landscaping. Following Board deliberation it was brought to the Board’s attention that the wrong lot number was used in the notice. The hearing was carried to July 10, 2018, with new notice to be done.

WALTER & DIANE KERNER – An application to permit the construction of a rear second story addition which will result in a side yard setbacks of 4.6 feet and 9.4 feet, where 10 feet is required and combine side yard setback of 14 feet, where 16.49 is required at 27 John Street, Block 3502, Lot 22, in the R-2 Zone. Walter and Diane Kerner, homeowners, were sworn. Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht distributed a photo packet he prepared, which was marked as Exhibit A-1. Mr. Schlicht testified regarding the existing conditions, the variances being requested and the fact that the lot with is not compliant, which creates the hardship. There were no questions from the Board. Lorraine Reynolds, 550 Wyndemere Avenue, asked about the existing and proposed gross building area. There were no comments from the public. Following Board deliberation, Mr. Lebow made a motion to approve, Ms. Matthews seconded, and all members voted yes.

Resolution memorialization:      The following resolutions were memorialized:   

-        Lynch-Littlejohn, 223 South Broad Street

-        Christian, 200 Sunset Avenue

-        Puell, 671 Newcomb Road

Meeting was adjourned at 10:12 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       November 27, 2018

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, November 27, 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:          June 26, 2018

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

LOUIS & CAROL LOGRASSO – An application to permit the construction of a one-story addition and patio which will result in a rear yard setback of 25 feet, where 30 feet is required; coverage by above-grade structures of 23.58%, where 20% is permitted and gross building area of 34.9%/3,529 square feet, where 34%/3,360 square feet is permitted at 548 Barnett Place, Block 2904, Lot 13, in an R-2 Zone. (Continued from October 23, 2018 without further notice) (Carry to January 8, 2019, without further notice)

BORIS SHIHINSKI – An application to demolish an existing detached garage and not replace it, where a garage is required at 50 Nauset Lane, Block 2905, Lot 4.01, in an R-2 Zone. (Carried from October 23, 2018)

AGENDA – CONTINUATION                                                         November 27, 2018

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, Lot13, in an R-125 zone. (Continued from August 28, 2018) (Carried from October 23, 2018 without further notice)

          New Business:

TERENCE ROBINSON & WILLIAM HALL – An application to renovate and update the interior and exterior of the existing detached carriage house/garage and to renovate, update and expand the second floor guest suite of the carriage house, which will result in a use variance for an apartment over the garage and the expansion or alteration of a nonconforming structure or use at 151 West End Avenue, Block 2511, Lot 1, in the R-110 Zone. (Carried from November 13, 2018)(Carry to December 11, 2018)

          Resolution memorialization:         Alvarez Webb, 482 Sterling Place

                                                            Okumus, 291 Midvale Street

                                                            CMI Holdings, LLC, 249 Ackerman Avenue

                                                            Buechel, 616 Morningside Road

          Discussion:   Site Plan Committee review of Chang, 853 Auburn Avenue

          Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JUNE 12, 2018

Opening:

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

Present:       Sergio Alegre, 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 and Jane Wondergem, Board Secretary. 

Absent:

Sergio Alegre was acting Chairman.      

Approval of minutes:       The minutes from January 23, 2018, January 30, 2018 and February 13, 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

Acting Chairman Alegre announced that the BURROUGHS POOLE/STARBUCKS, 363-381 Route 17 South application was carried to July 10, 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 37.62 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) Joshua Levine, Esq., was present on behalf of the applicant. Mr. Levine called David Novack, who was sworn and his credentials as a professional planner accepted. Mr. Novack testified regarding the property and the existing and proposed conditions and described the surrounding area. Mr. Novack testified regarding the size of the lot in regards to hardship. Board members had questions regarding reduction to the existing nonconformity, as a variance had previously been granted regarding the deck. Board members asked about the public benefit of the proposed improvements. Mr. Novack stated that the proposed improvements bring the property closer to compliance with the ordinance and that it is an upgrade to what exists now. Board members asked for the justification of going from 20% coverage to 23% and how reducing an open deck to increase the mass of the house is beneficial. Board members had questions regarding the negative and positive criteria. Brigette Bogart, Village Planner, had no questions of Mr. Novack. Board members asked if the Village Engineer’s comments from his memorandum to the Board had been resolved. Ms. Bogart said that his concerns were based on state statutes and governmental agency approvals which would be conditions in the resolution. There were no questions or comments from the public for Mr. Novack.

Brigette Bogart was sworn and stated that the Board concerns and questions were similar to her own and commented that the questions regarding positive and negative criteria were on point and need to be considered when reviewing the application.

Mr. Levine made closing remarks. Following Board deliberation Ms. Matthews made a motion to deny, Mr. Negrycz seconded the motion and the application was denied with prejudice with all members voting yes to deny.

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. Ms. Ruhl recused herself from this hearing. Roger Schlicht was present on behalf of the applicant and was sworn and his credentials as a professional architect accepted.  Mr. Schlicht testified as to the existing conditions on the property and what was proposed. A 2 page photo packet was distributed and marked as Exhibit A-1. Mr. Schlicht testified that the location of the existing dwelling poses a hardship. Board members had questions about the proposed spa and pool patio and Mr. Schlicht said the zoning table included those numbers. Board members asked about the plantings and Mr. Schlicht said that would be a second phase of the project. There were no questions or comments from the public. Following Board deliberation, Mr. Lebow made a motion to approve, Mr. Papietro seconded and all members voted yes to approve the application with the conditions that plantings are to be installed by the porch on both sides and the applicant shall execute a deed restriction confirming that the porch will remain open and not be enclosed.

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) Mr. Alegre, Ms. Ruhl and Mr. Lebow recused themselves from this hearing. Mr. Brown acted as Chairman. David Rutherford entered his appearance on behalf of the applicants. Robert Inglima entered his appearance on behalf of James and Lorraine Reynolds and Robert and Linda Cron, neighbors who are opposing the application. Following a discussion regarding notice, it was determined that notice of the hearing was in order.

Mr. Rutherford made opening remarks. Roger Schlicht was sworn and his credentials as a professional architect accepted. The following exhibits were marked:

          Exhibit A-1 – Page V-1 of RDS plans dated 9-29-17, revised to 3-29-18

          Exhibit A-2 – Page V-2 of RDS plans dated 3-29-18

          Exhibit A-3 – Survey of Property, by Edward R.Teunisen, dated 08-25-08

Mr. Schlicht described the lot as non-conforming due to the narrow lot width and testified regarding the existing conditions on the property.  A 4 page packet was distributed and marked as Exhibit A-4, which included the existing floor plans (pages SK-1 and SK-2, dated 6-12-18), and 2 pages of photos of subject property and neighboring property. Mr. Schlicht testified as to what was being proposed, describing the proposed floor plan, the elevations and the variances being requested in detail. Mr. Inglima objected to Mr. Schlicht describing and interpreting the zoning schedule. Mr. Rutherford said that Mr. Schlicht is familiar with the Ridgewood zoning ordinances as he has been before the Board and prepared hundreds of plans for new homes and additions and renovations in Ridgewood over the years. Mr. Inglima stated that he did not see a determination from the Zoning Officer regarding completeness. Mr. Whitaker explained that the completeness review is done internally at the Building Department. Mr. Schlicht completed his testimony explaining that the existing nonconforming side yard setback is not being exacerbated and that the combined side yard setback variance is not needed if the chimney is not included. Mr. Schlicht stated that if the lot was conforming the coverage by above-grade structures, gross building area and improved lot coverage would be in compliance. Mr. Inglima will cross examine the architect when the hearing is continued.

The hearing was carried to July 10, 2018 without further notice.

Resolution memorialization:     The following resolutions were memorialized:

-        New Cingular Wireless, 490 Rt. 17, ext. of time     

-        O’Shea, 305 Wastena Terrace

Discussion:  There was discussion regarding the Reorganization meeting in July. A Reorg Committee consisting of Mr. Papietro, Ms. Matthews and Ms. Ruhl was formed.

Meeting was adjourned at 10:00 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       November 13, 2018