VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

APRIL 24, 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, Gary Negrycz, Diana Ruhl, Greg Brown, Ines Bunza and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney; Brigette Bogart, Village Planner; Christopher Rutishauser, Village Engineer; John Jahr, Traffic Expert and Jane Wondergem, Board Secretary. 

Absent:        Alyssa Matthews, Sergio Alegre, 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

Old Business:

KENNETH & EMILY APONTE – An application to permit the construction of a 2-story and 2^nd story addition which will result in a front yard setback on Glenwood Road of 26.08 feet, where 40 feet is required and a side yard setback of 13.9 feet, where 20 feet is required at 648 Upper Boulevard, Block 1409, Lot 2, in the R-1 Zone. (Continued from April 10, 2018) Emily and Kenneth Aponte were present and previously sworn. Ms. Aponte testified that there were no changes to the plans from the April 10, 2018 meeting; only the gross building area calculations now included the attic. Mr. Whitaker clarified that the revision date on the plans was April 13, 2018. There were no further questions from the Board. There were no questions or comments from the public. The hearing was closed and following Board deliberation Mr. Papietro made a motion to approve, Ms. Bunza seconded, and all members voted yes to approve the application.

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 March 13, 2018) James Delia, Esq., requested to wait to be heard until later in the meeting.

JOSE PUELL, 671 Newcomb Road - Joshua Levine, Esq., stated that they were waiting for their architect to arrive.

Resolution memorialization:      The following resolutions were memorialized:

                              Patel, 713 Heights Road

                              54 East Ridgewood Landmark

                              Beck, 199 Madison Place

                              Owen, 857 Hillcrest Road

                              Rosenberg, 300 Richards Road

                              Grosman, 304 S. Broad Street

                              Franchina, 208 North Walnut Street

                              Somerset Tire Service, Inc./Mavis Discount Tire

Discussion: 

Lack, 130 Valley View Avenue – The Board discussed the written request from Christopher and Stacy Lack for an extension of variance approval. Mr. Negrycz made a motion to approve the extension of variance approval through May 23, 2019, Ms. Bunza seconded, and all members voted yes to approve.

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 February 27, 2018) (Carried from April 10, 2018) Joshua Levine, Esq., and Brian Murphy, architect, who was previously sworn, were present with Mr. Puell. Mr. Murphy testified as to the changes and reductions in the plans, revised to April 9, 2018, which were marked as Exhibit A-5. Mr. Levine reviewed the variances being requested. Board members had questions about the hardship. Mr. Levine stated that it was a (C)(1) hardship due to lot size, but that variance relief could also be granted under (C)(2) as the public good outweighs any detriment. Board members had questions regarding the argument that the applicant is reducing the coverage by above grade structures as it is an open deck, which was previously approved, being reduced. Mr. Rutishauser asked if anything on the property encroached on the County park land at the rear of the property and if the applicant would agree to a stipulation in the resolution stating that if they do encroach into the County property that the variance would be negated. Mr. Levine said that the applicant would not encroach.

Christopher Rutishauser, Village Engineer, was sworn and testified as to the green acres parcel and that the DEP has done inspections and has encountered numerous encroachments from Village properties onto the park land. Mr. Rutishauser said that he did not know if the subject property was encroaching.

Chairman Lehmann said that the Board cannot make a proper decision without an accurate rendering of what is on the property. Mr. Levine stated that a collapsible playhouse is what is behind the garage and that it can be removed.

Phyllis Goodman, 667 Newcomb Road, asked about the applicant compromising with the neighbors.

The hearing was carried to June 12, 2018, without further notice.

BURROUGHS POOLE LLC – James Delia, Esq., was present on behalf of the applicant. Mr. Delia said that Charles Olivo, traffic expert, was present to answer any questions regarding the circulation exhibit that was submitted. Board members asked if the Fire Department was satisfied with the template, the report from the Fire Department stated that they had no concerns regarding that exhibit.

John Jahr, traffic expert, asked for verification that the template was for the Ridgewood Fire Truck. Mr. Rutishauser had the template for the Ridgewood Fire Truck and it showed that the exhibit submitted by the applicant was accurate.

Andrew Missey, engineer, previously sworn, testified regarding the existing landscaping and what is being proposed as per the amended site plan and landscape and lighting plan revised to 4-9-18 and marked as Exhibit A-8a. Mr. Missey stated that additional evergreens would be planted along the rear of the property. There were no questions from Board members. Ms. Bogart asked if the landscaping would be irrigated, Mr. Missey said it would be. Ms. Bogart requested that if the application were approved that there be a review of the new landscaping in 6 months or a year by the Village.

There were no questions or comments from the public for the engineer.

The hearing was carried to June 12, 2018, without further notice, when the applicant’s planner, John McDonough will testify.

Discussion: Chairman Lehmann asked Board members to review the summary of cases brought before the Board in 2017 and to make suggestions towards the annual report for the Planning Board.

There was Board discussion regarding property owners who do work without permits or permission. Mr. Rutishauser explained that the Village has a code enforcement and property maintenance officer.

Meeting was adjourned at 9:33 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       September 25, 2018

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, September 25, 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:          April 24, 2018

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

JOANN ALVAREZ WEBB – An application to permit the construction of a dormer to the same dimensions of the existing dormer on the other side which will result in an expansion of a nonconforming structure; and a building height of 32.5 feet, where 30 feet is permitted; front yard setback of 28 feet, where 45 feet is required; for the Property located at 482 Sterling Place, Block 3106, Lot 7, in the R-2 Zone. (Carry to October 9, 2018 without further notice)

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

AGENDA – CONTINUATION                                                         September 25, 2018

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)

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.  (Carried from June 26, 2018) (Carried from August 28, 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.

          Resolution memorialization:        

          Discussion

          Adjournment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

APRIL 10, 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, Gary Negrycz, Diana Ruhl, Ines Bunza and Jonathan Papietro. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:        Alyssa Matthews, Sergio Alegre, Greg Brown, Isaac Lebow

Approval of minutes: The minutes from November 28, 2017 and December 12, 2017 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:

Old Business:

Chairman Lehmann announced that the JOSE PUELL, 671 Newcomb Road, application was carried to April 24, 2018, without further notice.

New Business:

KEVIN & DANA BECK – An application to construct a one story rear addition and exterior steps which will result in coverage by improvements of 40.7% and coverage by improvements within 140 feet of the front lot line of 42.2%, where 40% is the maximum permitted for both; gross building area of 4,727 square feet for the whole lot and within 140 feet of front lot line, where 4,620 square feet is the where 40% is the maximum permitted for both; gross building area of maximum permitted at 199 Madison Place, Block 2108, Lot 8, in the R-1 Zone. (Carried from March 27, 2018) Ms. Ruhl recused herself from this application. Mr. and Mrs. Beck, homeowners, were sworn. A photo page was distributed and marked as Exhibit A-1. Roger Schlicht was sworn and his credentials as a professional architect were accepted. Mr. Schlicht testified regarding the existing conditions and what was proposed, explaining that all improvements would be in the rear and not seen from the street. Board members asked for clarification on the numbers and the variances being requested. Board members asked that the shrubs on the side street stay in place for screening. There were no questions or comments from the public. Chairman Lehmann made a motion to approve, Mr. Negrycz seconded, and all eligible members voted yes.

The KEVIN & JENNIFER HOGAN, 82 John Street, application was carried to May 8, 2018 without further notice

MICHAEL & ANDREA ROSENBERG – An application to permit the construction of a front porch addition which will result in a side yard setback 12.8 feet, where 16.67 feet is required and coverage by above grade structures of 22.8%, where 20% is permitted at 300 Richards Road, Block 1106, Lot 3, in the R-1 Zone. Ms. Ruhl recused herself from this application. Michael Rosenberg was sworn and described what was proposed. Board members asked about the porch being enclosed and Mr. Rosenberg stated that it would not. There were no questions or comments from the public. Mr. Papietro made a motion that that the application be approved with the condition that the porch never be enclosed, Ms. Bunza seconded, and all eligible members voted yes.

CHRISTOPHER & JENNIFER OWEN – An application to permit the construction of a 2^nd floor addition which will result in a side yard setback of 14.58 feet, where 24 feet is required and gross building area of 32.06%, where 32% is permitted at 857 Hillcrest Road, Block 1202, Lot 24, in the R-1 Zone. Christopher Owen was sworn and testified as to the existing conditions on the property and what was proposed. Mr. Owens distributed photos of the existing conditions at the rear of the property. Board members had questions regarding the variances and Mr. Owens testified that the proposed addition would not exceed the current side yard setback. Board members had questions regarding the prior approval from 1991. There were no questions or comments from the public. Mr. Papietro made a motion to approve, Ms. Ruhl seconded, and all Board members voted yes.

KENNETH & EMILY APONTE – An application to permit the construction of a 2-story and 2^nd story addition which will result in a front yard setback on Glenwood Road of 26.08 feet, where 40 feet is required and a side yard setback of 13.9 feet, where 20 feet is required at 648 Upper Boulevard, Block 1409, Lot 2, in the R-1 Zone. Leonard Rampulla was sworn and his credentials as a professional architect were accepted. Kenneth and Emily Aponte, homeowners, were sworn. Mr. Rampulla testified regarding the existing conditions and what was proposed, stating that the hardship is the undersize lot width and the yard requirements. Board members had questions regarding the variances and if the variances were following the existing nonconformities. Mr. Rampulla stated that they were. Mr. Cascio asked for clarification of the numbers. Board members asked about landscaping along the fence. The applicants said it would be landscaped. Board members asked if the attic was included in the gross building area. The hearing was carried to April 24 for the applicant to review the gross building area.

EDWIN & DARIA GROSMAN – An application to permit the reconstruction and expansion of the detached garage which will result in a side yard setback of 1.9 feet, and a rear yard setback of 2.31 feet, where 5 feet is required for both at 304 South Broad Street, Block 3905, Lot 18, in the R-3 Zone. David Rutherford entered his appearance and made opening remarks, explaining that the applicant had permits issued to rebuild the garage keeping two of the existing walls, and that the walls were too deteriorated to use so they now need a variance to reconstruct the garage. Mr. Rutherford stated that there was an exceptional condition in that the property abuts the railroad and that there would be no substantial detriment in the proposed location of the garage. Edwin Grosman was sworn. Sean Olsen was sworn and his credentials as a professional architect were accepted. Mr. Grosman testified regarding the permit issued, which was marked as Exhibit A-1. Photos of the existing conditions of the garage were marked as Exhibit A-2 and A-3. Mr. Grosman stated that the Building Department gave them a stop order and required them to come to the Board. There were no questions for the homeowner.

Mr. Olsen testified regarding the plans dated 8/9/14, revised to April 10, 2017. Board members asked why a three car garage was necessary and why it was not being built to comply with the ordinance. Mr. Olsen stated that the garage would provide a spot for each tenant and for additional storage, and that they propose to use the existing footprint to keep costs down and that some of the work had been completed. There were no questions or comments from the public. Following Board deliberation, Mr. Negrycz made a motion to approve, Ms. Ruhl seconded, and the application was approved, 4 yes votes to 1 no vote.

Discussion:   Mr. Papietro reported on the Site Plan Committee Review of Frers, 618 Morningside Road, stating that the Site Plan as presented was approved by the Committee.

There was Board discussion regarding adding more applications to the agenda to address the backlog of applications.

Adjournment

Meeting was adjourned at 9:30 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       August 28, 2018

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, September 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:         

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

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) (Carried from August 28, 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 9.2 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

AGENDA – CONTINUATION                                                        September 11, 2018

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 July 10, 2018)(Carried from August 14, 2018 without further notice)

          New Business:

          Resolution memorialization:         Heuer, 441 Farview Street

                                                            Woods/Meinardi, 139 Glenwood Road

         Discussion:   DCosta/Menezes, 520 Upper Boulevard – Extension of variance approval to September 26, 2019

         Adjournment