20191112 Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 12, 2019

Opening:

The regular public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:40 p.m.

Present:       Sergio Alegre, Greg Brown, Gary Negrycz, Isaac Lebow, Jonathan Papietro, Matthew Bandelt and Daniel Perlman. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:        Diana Ruhl

Minutes:      The minutes from September 24, 2019, October 8, 2019 and October 22, 2019 were adopted.

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 Roos, 560 Route 17 North, application was carried to January 14, 2010 without further notice and the Michel and Linda Mouravieff, 525 North Maple Avenue, was carried to November 26, 2019, without further notice.

 

Old 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. (Continued from June 25, 2019 without further notice) (Carried from October 8, 2019 without further notice) Daniel Perlman recused himself from this application. Steven Ross, Esq., was present on behalf of the applicants and gave a summation as per statement submitted August 9, 2019. Richard Brovarone, Esq., was present on behalf of the objector, Marcia Ringel. Mr. Brovarone gave a summation as per his submitted statement dated August 9, 2019.

There was no public comment.

Mr. Whitaker referred to the memorandum he sent to the Board members dated September 10, 2019 which outlined the scope of the Board’s review and the issues to be addressed. There was Board discussion clarifying the issues and asking questions of the Board attorney.

The Board deliberated and determined that they accepted the applicants position that it will not be a rental and will be accessory to and will abandon any concept of nonconformity. Mr. Alegre made a motion that the applicant can use the building for a use that is incidental to the principal use and that expansion of the building under the c criteria does not meet the burden of proof under c(1) or c(2). Mr. Bandelt seconded the motion and all eligible members voted yes.

 

MICHAEL & HEATHER ZYNCZENKO – An application to permit the widening of a driveway to 19 feet, where 12.6 feet is the maximum permitted at 598 Cliff Street, Block 1509, Lot 1, in the R-2 Zone. (Continued from October 8, 2019 without further notice) Mr. Lebow recused himself from this application. Heather Zynczenko, previously sworn, referred to a memorandum from the Village Engineer dated November 8, 2019, stating that the Engineering Department had no objections and that the applicant would have to adhere to the Village’s Stormwater Control Ordinance with regard to creating additional impervious coverage. Ms. Zynczenko described the photos she had submitted showing that what she is proposing is in keeping with the neighboring driveways. Board members asked about the hardship. Ms. Zynczenko described the issues with living near the train station. Board members asked about keeping the existing curb cut and then widening the driveway and the applicant stated that the driveway is short and it would look awkward.

There were no questions or comments from the public. Following Board deliberation, Mr. Negrycz made a motion to approve, Mr. Papietro seconded, and the application was approved with 4 yes votes and 2 voting against.

KARO & MAGGIE TOULOUGHIAN – An application to permit the construction of a second story addition, front porch and deck on the existing dwelling, which will result in a front yard setback on Delaware Avenue of 36 feet, and on S. Pleasant Avenue of 26 feet, where 40 feet is required and a rear yard setback of 14.88 feet, where 30 feet is required at 443 South Pleasant Avenue, Block 4506, Lot 1 in the R-2 Zone. (Continued from October 8, 2019 without further notice) Lawrence Skott, architect, was previously sworn, and testified regarding the revisions as per his drawings revised to 11/1/19. Mr. Skott testified that the front porch was reduced and the addition was lowered. Board members asked about the compromise to the interior space and asked about the hardship. Mr. Skott explained that there are existing nonconformities and the lot size is deficient.

There were no questions or comments from the public. Mr. Skott made some closing comments. Following Board deliberation, Mr. Papietro made a motion to approve, Mr. Bandelt seconded, and the application was approved with 6 yes votes and 1 vote against.

New Business:

 

LOUIS GOLD – An application to permit the construction of a front entry which will result in a front yard setback of 30.5 feet, where 40 feet is required at 511 North Monroe Street, Block 1603, Lot 17, in an R-2 Zone. Louis Gold, homeowner, was sworn. Mr. Gold testified that this variance request was previously approved and that the variance had since expired. Mr. Gold explained that although the lot is not deficient, the existing house has a nonconforming front yard setback. Mr. Whitaker asked if there were any changes from the prior application. Mr. Gold stated it was the same application and drawing. There were no questions or comments from the public. Mr. Brown made a motion to approve, Mr. Lebow seconded, and all members voted yes to approve the application.

 

DAN & KRISTEN FORMAN – An application to permit the construction of a basement and 2nd floor addition which will result in a rear yard setback of 28.7 feet to the basement and 31.3 feet to the 2nd floor, where 40 feet is required at 51 Monte Vista Avenue, Block 2103, Lot 9, in an R-110 Zone. Chairman Alegre recused himself from this application. Roger Schlicht was sworn and his credentials as a licensed architect approved. Mr. Schlicht was there on behalf of the applicants who were not present. Mr. Schlicht testified regarding the drawings he prepared, the floor plan, and the variances being requested. Mr. Schlicht referred to the aerial photo he distributed and explained that they were not encroaching on the neighbor as their driveway is next to the property, not the house. Mr. Schlicht explained that what is proposed would result in creating a functional garage which would be beneficial from a planning aspect.

Board members asked why the dimensions were not on the survey. There were no questions or comments from the public. Following Board deliberation, Mr. Lebow made a motion to approve, Mr. Negrycz seconded, and all members voted yes to approve the application with the condition that an “as built” survey showing the front yard setback from Sunset Avenue to the addition be provided prior to a final Certificate of Occupancy being issued.

 

Resolution memorialization:      The following resolutions were memorialized:

-        Okumus, 291 Midvale St. – extension of variance approval

-        Follender, 244 S. Pleasant Avenue

-        O’Dwyer, 301 Hamilton Road 

 

Discussion:  The Board discussed various topics to be discussed at the December 10, 2019 work session meeting.

The meeting was adjourned at 10:14 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       December 10, 2019

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