VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

MAY 22, 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:       Hans Lehmann, Alyssa Matthews, 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:        Gary Negrycz, Diana Ruhl and Isaac Lebow

Approval of minutes:       The minutes from January 9, 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:

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 June 30, 2018  to December 31, 2018 at 490 Route 17, Block 4703, Lot 11, in an OB-2 zone. Judith Fairweather, Esq., was present to request the extension of time for the removal of the temporary cell tower. Mr. Alegre made a motion to approve, Ms. Matthews seconded, and the extension of time was granted.

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. (Cont. from May 8, 2018) Sean Lynch-Littlejohn, homeowner and previously sworn, testified regarding the revisions and the details for the deck and stairs. There were no questions from the Board. There were no questions or comments from the public. Following Board deliberation, Mr. Brown made a motion to approve, Ms. Matthews seconded and all members voted yes.

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. (Carried from May 8, 2018) David Rutherford, Esq., entered his appearance and made an opening statement. Kent Rigg was sworn and his credentials as a professional engineer were accepted. Mr. Rigg described the lot and testified regarding the existing conditions on the property and the topography. Mr. Rigg testified as to the proposed site plan, which was marked as Exhibit A-1, and the colorized site plan, which was marked as Exhibit A-2, describing in detail the proposed driveway, walkways and retaining walls and the variance being requested for the height of the fence and wall. Board members had questions regarding the driveway turnaround. There were no questions from the public.

Joe Tuttle was sworn and his credentials as a professional landscape architect were accepted. Mr. Tuttle testified regarding the existing landscaping and what was being proposed according to the landscape plan, which was marked as Exhibit A-3. There were no questions from the Board or from the public.

Suzanne O’Shea was sworn as the homeowner. Ms. O’Shea testified regarding the prior application to the Board and the 2017 resolution. Ms. O’Shea stated that they decided to make a more extensive landscape plan but that there are no plans for further development. Board members had questions regarding the 2017 resolution. There were no questions or comments from the public. The hearing was closed.

During deliberation, Board members discussed how to ensure compliance with the resolution. Mr. Brown made a motion to approve the application with the stipulation that the permit not be closed out until the landscaping is complete, Ms. Matthews seconded and all members voted yes.

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 March 27, 2017) Jim Delia, Esq., was present on behalf of the applicant. Robert Simon, Esq., was present on behalf of the objectors. A memorandum from Mr. Whitaker to the Board members, regarding res judicata, dated May 16, 2018, was distributed to Mr. Delia and Mr. Simon. Mr. Simon continued cross examination of the applicant’s planner, Creigh Rahenkamp in regards to the 1994 application, res judicata, changes in the master plan reexamination report and the relevancy of the reexamination report, and the variances being requested in 1994. Mr. Delia asked Mr. Rahenkamp regarding res judicata and the difference between the 1994 application and resolution and the current application. Mr. Rahenkamp read from the 1994 resolution and testified about the steep slope ordinance.

Mr. Simon called Jessica Caldwell, who was sworn and her credentials as professional planner were accepted. Ms. Caldwell testified regarding res judicata stating that the new application is more impactful and has greater deviations and asks for greater relief.

Chairman Lehmann announced that Papageorge, 212 Hamilton Road, and 322 S. Van Dien, LLC, 322 S. Van Dien Avenue, were carried to June 26, 2018, without further notice.

During cross examination, Mr. Delia, asked Ms. Caldwell if she was aware of the exceptions in the Village Code regarding steep slope, explaining that the applicant has not had the opportunity to present hardships. Mr. Delia asked questions in regards to the language in the 1994 resolution.

Mr. Cascio advised the Board according to Mr. Whitaker’s memorandum as to what the Board is to consider. Board members asked questions regarding res judicata and there was more discussion about actual applications and hypothetical proposals and the language of the 1994 application. After further discussion the testimony regarding res judicata was closed and the hearing was carried to June 26, 2018 without further notice for deliberation.

Resolution memorialization:     The following resolutions were memorialized:

-        MDRE Holding, LLC, 148 Prospect St. – ext. of time

-        Joseph, 683 E. Ridgewood Ave. – ext. of time

-        Contrucci, 506 Heights Rd.

Discussion:

Chairman Lehmann said that the discussion regarding the annual report should wait until all Board members were present.

Chairman Lehmann announced that he is resigning from the Board as of July 10, 2018.

Meeting was adjourned at 11:00 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       October 23, 2018

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, October 30, 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:

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-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 September 11, 2018 without further notice) (Carried from October 23, 2018 without further notice)

AGENDA – CONTINUATION                                                              October 30, 2018

            Resolution memorialization:         

           Discussion

           Adjournment

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, October 23, 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:          May 22, 2018

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

LEVENT OKUMUS – An application to permit the construction of a front entry way which will result in a front yard setback of 27.2 feet, where 40 feet is required at 291 Midvale Street, Block 2317, Lot 17, in the R-2 Zone. (Continued from August 28, 2018) (Carry to November 13, 2018 without further notice)

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) (Carry to November 27 without further notice)

AGENDA – CONTINUATION                                                         October 23, 2018

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-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 September 11, 2018 without further notice)

          New 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. (Carried from October 9, 2018 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.

          Resolution memorialization:        

          Discussion

          Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

MAY 8, 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:       Hans Lehmann, Diana Ruhl, Alyssa Matthews, Sergio Alegre, Greg Brown, Ines Bunza, Jonathan Papietro and Isaac Lebow. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary. 

Absent:        Gary Negrycz

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 Hogan, 82 John Street, hearing was carried to June 12, 2018 without further notice and the O’Shea, 305 Wastena Terrace, hearing was carried to May 22, 2018 without further notice.

New Business:

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. Sean Lynch-Littlejohn was sworn and testified as the homeowner. Mr. Lynch-Littlejohn described the existing conditions and what was being proposed. Mr. Lynch-Littlejohn testified as to the size of the property, the hardship and the variances being requested. Board members had questions regarding the proposed deck and railing. Board members recognized that the lot is severely undersized, but needed to know more detail regarding the height of the deck and the number of stairs. The hearing was carried to May 22, 2018 without further notice.

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. Ms. Ruhl recused herself from this hearing. David Rutherford, Esq., entered his appearance. Mary Scro was sworn and her credentials accepted as a professional architect. Mr. Rutherford submitted the Historic Preservation Commission report, which was marked as Exhibit A-1, and stated that the Commission recommended approval. Ms. Scro testified regarding the state of disrepair of the existing garage and described the proposed garage, which would no longer encroach on the neighboring property. Board members asked about the extra space in the garage. Ms. Scro stated it was for pool equipment. The Board asked about the height of the garage, Ms. Scro said the height would be conforming except for the setback. There were no questions or comments from the public. Mr. Brown made a motion to approve the application with the stipulation that the space will never be used as a pool house or cabana, Ms. Matthews seconded and the application was approved.

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. Robert Schwartz, Esq., was sworn and is the sole proprietor of the LLC. Stephen Carrozza was sworn and his credentials as a professional architect were accepted. Tibor Latincsics was sworn and his credentials as a professional engineer were accepted. Mr. Schwartz made introductory comments and testified that he had gone to the Historic Preservation Commission and they had recommended approval as per the report.

Mr. Latincsics listed the exhibits:

          Exhibit A-1 – existing conditions survey

          Exhibit A-2 – Village of Ridgewood tax map

          Exhibit A-3 – copy of NJ DOT property tax map parcel

          Exhibit A-4 – plot plan dated 11/17/17, revised to 4/9/18

Exhibits A-5 and A-6 – architectural drawings by Stephen Carrozza, dated 27 DEC 17, revised to 11 APRIL 18.

Exhibit A-7 – photos

Exhibit A-8 – Historic Preservation Commission report

          Exhibit A-9 – Deed

Mr. Latincsics testified regarding the property and what exists now and the history. Mr. Latincsics described the hardship as the irregular shape of the corner lot. Mr. Latincsics described what was proposed and testified regarding the photos. Board members had questions regarding the façade of the existing structure. Mr. Whitaker explained that the deed restriction runs with the land and that the existing deed restriction states that the stone shall not be altered or covered in any way and that the Board does not have jurisdiction and cannot render a decision in regards to any restrictions on the property. After discussion, it was decided to carry the hearing to June 26, 2018, without further notice. Mr. Schwartz needs to do a title search and get an order of consent to move forward.

Resolution memorialization:      The following resolutions were memorialized:

-        Aponte, 648 Upper Blvd.   

Discussion:

The request from MDRE Holding, LLC, 148 Prospect Street, for a one year extension of variance  approval to May 9, 2019 was approved by the Board.

The request from Enid Joseph, 683 E. Ridgewood Avenue, for a one year extension of variance approval to June 13, 2019 was approved by the Board.

There was Board discussion regarding the annual report from the Board to the Planning Board. Board members asked for more time to review the summary of applications heard in 2017. Chairman Lehmann said he would like to complete the report before July.

Meeting was adjourned at 9:52 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       October 9, 2018