20210928 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 28, 2021

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:50 p.m.

 

Present:         Present:  Greg Brown, Matthew Bandelt, Diana Ruhl, Jonathan Papietro, Michael Pickholz and Jason Curreri. Also present were Bruce Whitaker, Board Attorney; Christopher Rutishauser, Village Engineer; Maryann Bucci-Carter, Village Planner and Jane Wondergem, Board Secretary. 

 

Absent:          Gary Negrycz and Isaac Lebow

 

Minutes: The minutes from September 14, 2021 were adopted.

 

Non-agenda items:

 

Members of the public comments: There were no comments at this time. 

             

Board member comments: There were no comments at this time.

 

Public Hearings:

 

Chairman Brown announced that the McCann, 236 Walthery Avenue, application was carried to October 12, 2021 without further notice. The Leventhal, 143 Brookside Avenue, application was carried to November 9, 2021 without further notice.

 

Old Business: 

 

ERIC ROOS – An application for Certification of Nonconforming Use at 560 Route 17 North, Block 4704, Lot 6, in an R-125 Zone. (Continued from July 14, 2021, without further notice)

 

Robert Garibaldi, Esq., was present with the applicant.

 

Jaqueline Hone, 30 Carriage Lane, an objector to the application, was present and was sworn. Ms. Hone testified as to the exhibits she submitted to the Board. Ms. Hone testified to the photos, a site plan of The Commons and a license agreement.

 

Mr. Garibaldi asked about the site plan and clarified that Ms. Hone did not submit a different survey than what had already been submitted. Mr. Garibaldi asked about the 2006 license agreement which had been terminated and the relevance. Ms. Hone said it showed that Mr. Roos removed the trees to make room for larger vehicles to turn around.

 

Ms. Bucci-Carter discussed the license agreement and the relevancy to this application. Ms Bucci asked about the intensity of the nursery use, what is existing and still in effect.

 

Mr. Rutishauser referred to his report from March and stated that the 2019 survey is accurate, especially as to the structures on the property. Mr. Rutishauser commented that the size of trucks to be permitted into the site could be a condition of approval.

 

Mr. Whitaker said the Board needs to look at the Marshall survey to see what was there at the time of the 1999 resolution. Mr. Whitaker instructed the Board as to they need to consider: 1) Is the use nonconforming? 2) If the use is nonconforming, what portion of the building is defined to be the nonconforming use? 3) What is the scope of the nonconforming use? 4) Has the use been abandoned?

 

Public comment:

 

Anthony DeMeglio, 557 Egan Terrace, Rivervale, commented on doing business with Mr. Roos and that the existing building and tree buffer zone was always there.

 

Jaqueline Hone summarized her objections regarding the application.

 

Board members asked about the size of the structure and Mr. Roos said it had been maintained and updated but the size stayed the same.

 

Mr. Garibaldi made closing remarks.

 

Following Board deliberations, Mr. Bandelt made a motion that the use is nonconforming, that the nonconforming use as defined in the 1999 resolution and what can be done there is only what is on the 1999 plan, any structures other than what was on the 1999 plan need to be removed, no occupancy until the Board reviews a new site plan, and the nonconforming use has not been abandoned. Ms. Ruhl seconded the motion and the motion carried.

 

New Business:

 

RUSSO FAMILY LP – An application to permit the construction of a new three story, mixed-use building consisting of commercial/retail use on ground floor, residential units on the second and third floors, and storage on the basement level, which will result in an increase in the permitted density; increase in the permitted floor area ratio; a rear yard setback of 10 feet, where 21.5 feet is required; and no parking spaces provided, where 15 parking spaces are required at 19-23 N. Broad Street, Block 3804, Lot 17, in a B-1 Zone.

 

Mr. Papietro recused himself from this application.

 

Joseph Mecca, Esq., entered his appearance on behalf of the applicant and made opening remarks regarding the application for a new building in a location where the previous building burned down.

 

Andrew Lapatka was sworn and his credentials as a professional engineer accepted. Mr. Lapatka testified as per the site plan he prepared showing the existing conditions and what is proposed. Mr. Lapatka stated that the foundation remained and a 3 story building with ground floor retail, apartments on the 2nd and 3rd floor and storage for the apartments and retail in the basement. Mr. Lapatka identified the variances being sought.

 

Mr. Rutishauser asked about the sidewalks and Mr. Lapatka said they would work with the Village regarding the sidewalks. Mr. Rutishauser asked if the side of the building protruded into the right of way, Mr. Lapatka said it did not.

 

Mr. Whitaker asked about the height of the new building, Mr. Lapatka said that 38.2 feet is proposed, where 45 feet is permitted.

 

Philip Wells was sworn and his credentials as a licensed architect accepted. Mr. Wells testified as to the drawings he prepared, revised to 8.24.21. Mr. Wells described the exterior elevations and the materials being used, he described the proposed signage, elevator and floor plans. Mr. Wells stated that there would be roof access for mechanicals and there would be a parapet eliminating any roof top equipment from being visible from the street.

 

Ms. Bucci-Carter commented that the revised drawings incorporated the comments from the Historic Preservation Commission, however commented on the size and location of the building number, and asked for specifics of the materials and recommended that a limestone based should be used instead of veneer. Ms. Bucci-Carter commented on the material for the railing and asked that the awnings be retractable. The ‘Russo’ sign will be part of the stone and not a separate sign.

 

Board members asked about the symmetry of the building, possible tenants and the materials used.

 

Kate Keller was sworn and her credentials as a professional planner accepted. Ms. Keller testified regarding the variances, any negative criteria and how the proposed building is compliant with the Master Plan.

 

There were no questions from the Board professionals.

 

Board members asked about the parking variance and if it was possible to have parking spaces. Mr. Rutishauser said that there are overnight parking permits in the CBD.

 

There were no questions or comments from the public.

 

Mr. Mecca made closing remarks.

 

Following Board deliberation, Mr. Pickholz made a motion to approve, Ms. Ruhl seconded, and the application was approved subject to the revision of the architectural plans.

 

EVOLVE MED SPA RIDGEWOOD, LLC –  1) An appeal of the Zoning Officer’s determination that the proposed spa is not a permitted use. 2) If proposed med spa not a permitted use, an application to request a use variance at 189 E. Ridgewood Avenue, Block 3702, Lot 9 in a B-1 Zone.

 

Dante Alfieri, Esq., entered his appearance on behalf of the applicant. Mr. Alfieri made opening remarks regarding the application for an interpretation of med spa use in a location where spa and salon use is permitted. Mr. Alfieri stated that there would be no modifications to the site other than interior.

 

Deborah Alaimo Lawlor was sworn and her credentials as a professional planner accepted. Ms. Alaimo Lawlor testified as to the B-1 zone and described the lot and the building. Ms. Alaimo Lawlor described the proposed use and defined ‘spa’ and explained the new term ‘med spa’, which is a combination of non-surgical cosmetic, non-medical, procedures which would require licensed professionals to perform. The business would be set up like a spa.

 

There were no questions from the professionals.

Board members asked if a doctor would need to be present. Ms. Alaimo Lawlor said a physician is needed only to oversee the services. Board members asked if any of the procedures offered needed medical insurance. The applicant said not.

 

Ms. Bucci-Carter said that this is the type of requests coming to the Zoning Officer and that spas have evolved over time to include these ‘med spa’ procedures.

 

There were no questions or comments from the public.

 

Mr. Pickholz made a motion that the proposed use for a medical spa should be determined to be a permitted use in the B-1 Zone, Mr. Bandelt seconded the motion and the motion carried.

 

Resolution memorialization: The Libenson/Divelbliss, 41 Clinton Avenue, resolution was memorialized.

 

The meeting was adjourned at 11:00 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: November 9, 2021

 

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20211012 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

October 12, 2021

 

Opening:

 

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

 

Present:         Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Isaac Lebow, Jonathan Papietro, and Jason Curreri. Also present were Bruce Whitaker, Board Attorney and Jane Wondergem, Board Secretary. 

 

Absent:          Michael Pickholz

 

Resolution memorialization: The following resolutions were memorialized:

  • Evolve Med Spa Ridgewood, LLC, 189 E. Ridgewood Avenue
  • Russo Family LP, 19 N. Broad Street

 

Non-agenda items:

 

Members of the public comments: There were no comments at this time. 

             

Board member comments: There were no comments at this time.

 

Public Hearings:

 

Chairman Brown announced that the Outfront Media, LLC, 500 Route 17 South, application was carried to November 9, 2021, without further notice.

 

New Business:

 

KAREN & KEVIN McCANN - An application to permit the construction of an above ground pool which will result in coverage by above grade structures of 30.6%, where 20% is permitted at 236 Walthery Avenue, Block 3308, Lot 13, in an R-2 Zone. (Carried from September 28, 2021 without further notice)

 

James Stevens, Esq., was present on behalf of the applicant and made opening remarks as well as describing the existing conditions of the property and stating that the property is an undersized lot.

 

Karen and Kevin McCann, homeowners, were sworn. Ms. McCann testified as to the drawing which was submitted, marked as Exhibit A-1. Ms. McCann displayed photos of the proposed pool and safety ladder being proposed and photos of the existing conditions on the property and the proposed location for the pool, and photos of an inflatable pool used in the same location for the proposed pool.

 

Board members asked about the size of the pool and how it would be drained. Board members asked about the existing coverage by above grade structure which is greater than 20%. The existing deck is not part of the above grade structures as it is not more than 12 inches above grade. Board members suggested that an in ground pool would not require a variance. Board members asked about the existing landscaping.

 

There were no questions or comments from the public.

 

The hearing was carried to November 9, 2021, without further notice so an updated plan could be submitted and the question of hardship can be addressed.

 

 

RICHARD JACOBSEN – An application to permit the construction of a one story addition which would result in gross building area for the whole lot of 20.74%, and gross building area within 200 feet of the front lot line of 23.12%, where 20% is the maximum permitted at 175 Elmsley Court, Block 2104, Lot 3.04, in an R-125 Zone.

 

Richard Jacobsen, homeowner, was sworn.

 

Vincent Graziano was sworn and his credentials as a licensed architect accepted. Mr. Graziano testified as to the existing conditions and the proposed enclosure of a portion of the existing covered porch to create office space to work from home.

 

Board members asked about the hardship. Mr. Graziano said the benefit to the applicant outweighs any public detriment. Mr. Whitaker explained the need for office space as he is working from home. Mr. Whitaker explained there would need to be a substantial public benefit. Board members asked if the addition could be lined up with the existing patio. Mr. Graziano explained that he pushed the wall further out due to the existing built-in cabinetry and shelving and an in-swinging door. Board members asked if there was space in the existing structure that could be used for office space. Mr. Jacobsen explained that it could not. Mr. Graziano stated that the addition is minimal and is not visible from the street.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Brown made a motion to deny, Mr. Negrycz seconded, and the application was denied.

 

Discussion: Annual Report – Mr. Brown said he would write a cover page and prepare the report to be reviewed at the next meeting.

 

The meeting was adjourned at 8:50 p.m.

 

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: November 9, 2021

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20211026 - Zoning Board of Adjustment Minutes

ZONING BOARD OF ADJUSTMENT

AMENDMENT TO MEETING SCHEDULE

 

CANCELLED: October 26, 2021

 

In accordance with the provisions of the "Open Public Meetings Act," please be advised that the BOARD OF ADJUSTMENT public meeting and work session for TUESDAY, OCTOBER 26, 2021, which was to be held at 7:30 p.m. in the Village Hall Courtroom, 4th Floor, 131 North Maple Avenue, Ridgewood, NJ, has been cancelled.

 

The Kelly and Daniel Morgan, 323 Franklin Avenue, Block 3611, Lot 17, application will be carried to November 9, 2021 without further notice.

 

The Matthew and Elana Feddock, 162 Hope Street, Block 4007, Lot 17, application will be carried to November 9, 2021 without further notice.

 

The Therese Wheeler, 464 Summit Street, Block 1510, Lot 2, application will be carried to November 23, 2021 without further notice.

 

The Paul Brickfield and Nancy Scappaticci, 257 South Irving Street, Block 4106, Lot 31, application will be carried to November 23, 2021 without further notice.

 

The Irving Baum, 532 Spring Street, Block 4301, Lot 6, application will be carried to November 23, 2021 without further notice.

 

The next regularly scheduled Zoning Board of Adjustment meeting is Tuesday, November 9, 2021, at 7:30 p.m. in the Village Hall Courtroom, 4th Floor, 131 North Maple Avenue, Ridgewood, NJ.

 

All meetings of the Ridgewood Zoning Board of Adjustment (i.e., official public meetings, work session meetings, pre-meeting assemblies and special meetings) are public meetings which are always open to members of the general public.

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VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 14, 2021

 

Opening:

 

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

 

Oath of Office was taken by Jason Curreri.

 

Present:         Present:  Greg Brown, Matthew Bandelt, Diana Ruhl, Isaac Lebow, Jonathan Papietro, Michael Pickholz and Jason Curreri. Also present were Bruce Whitaker, Board Attorney; Christopher Rutishauser, Village Engineer; Maryann Bucci-Carter, Village Planner and Jane Wondergem, Board Secretary. 

 

Absent:          Gary Negrycz

 

Non-agenda items:

 

Members of the public comments: There were no comments at this time. 

             

Board member comments: There were no comments at this time.

 

Public Hearings:

 

Chairman Brown announced that the Reynolds 128-130 Ackerman Avenue, application has been withdrawn; the Maher, 250 Libby Avenue, application has been withdrawn; and the Morgan, 323 Franklin Avenue, application was carried to October 26, 2021, without further notice. 

 

New Business:

 

STEVEN LIBENSON and ELAINE DIVELBLISS – An application to permit the construction to enclose a front covered porch which will result in a front yard setback of 38.25 feet, where 40 feet required and a gross building area of 26.8% / 5357 sq. ft., where 24% / 5000 sq. ft. is permitted; and gross building area within 140 ft. of the front lot line of 38.3% / 5357 sq. ft., where 29% / 4620 sq. ft. is permitted at 41 Clinton Avenue, Block 2402, Lot 18, in an R-1 Zone.

 

Ms. Ruhl and Mr. Bandelt recused themselves from this application.

 

Elaine Divelbliss, homeowner, was sworn and made opening remarks explaining that they got a variance 7 years ago and never finished the project. They now want to construct an enclosed porch.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified in regards to what is existing on the property, explaining that what is proposed will have the same footprint as what was previously approved, but will be enclosed and they are requesting a variance for gross building area. The proposed enclosed porch will maintain the historic aspect of the house.

 

Board members asked for clarification regarding the floor plan and asked if the enclosed porch would be for year round use. Mr. Schlicht said it would be.

 

There were no questions or comments from the public.

 

Ms. Divelbliss made closing comments.

 

Following Board deliberation Mr. Pickholz made a motion to approve, Mr. Papietro seconded, and the application was approved.

 

Old Business:

 

ERIC ROOS – An application for Certification of Nonconforming Use at 560 Route 17 North, Block 4704, Lot 6, in an R-125 Zone. (Continued from March 30, 2021; Carried from July 27, 2021 without further notice)

 

Robert Garibaldi was present on behalf of Mr. Roos. Mr. Garibaldi had Mr. Roos testify in regards to the approval requested in 1999 for an expansion of the nonconforming use and that he never implemented the expansion, but that the property continued to be used as a nursery, garden center.

 

Board members asked about the dates of use, who it was used by and how it has been used since Mr. Roos rented out the property in 2011. Board members asked if it could be a requirement that there would be no subleasing.

 

Christopher Ruthishauser, Village Engineer, was sworn. Mr. Rutishauser stated that there are photos that show there are several tenants on the site now. Mr. Whitaker said it would be an expansion of a non-conforming use and they would need to return to the Board for a ‘d’ variance to sublease.

 

Jacqueline Hone, 30 Carriage Lane, asked how many tenants were on the property now. Mr. Roos said there was one tenant using the property to store vehicles at this time. Ms. Hone asked if the property had been used as a nursery since 2019. Mr. Roos said it has not been as the property is for sale. Ms. Hone asked if there was any plan to rectify the disputed buffer. Mr. Garibaldi said there was nothing pending in regards to that. Ms. Bucci-Carter said that the buffer issue could be subject of future site plan application. There was further discussion regarding the buffer and what was there and how long it was there.

 

Joseph Burgis was sworn and his qualification as a professional planner accepted. Mr. Burgis testified regarding the report he prepared. Mr. Burgis said this was an unusual situation as the use existed prior to zoning.

 

Board members had no questions for Mr. Burgis. Ms. Bucci-Carter said that the concern is that there is more construction use on the property now and how would the Village be assured that the garden nursery use would be the only use.

 

There were no questions from the public for Mr. Burgis.

 

Public comment:

 

Jacqueline Hone, 30 Carriage Lane, was sworn. Ms. Hone said there were discrepancies in the application, but upon further discussion it was determined the application is correct. Ms. Hone spoke about the Google photos she submitted showing the structure on the property. Mr. Roos said the structure was there since before 1999. Ms. Hone and Mr. Rutishauser said there were additional structures. Mr. Roos would have any additional structures removed. There was discussion regarding the original structure which Ms. Hone says was moved, and Mr. Roos says is in the same footprint. Ms. Hone says she has documents to prove that the structure has been moved and would submit them.

 

Emily Roos was sworn and testified that she grew up on the property helping her father, Eric Roos, and stated that the structure had not been moved.

 

Anthony Dimeglio, 557 Egan Terrace, Rivervale, was sworn and stated that he and his family did business with Mr. Roos since the early 1980’s and that they did all aspects of landscaping business.

 

Mr. Whitaker instructed the Board on what they needed to consider. After further discussion the matter was carried to September 28, 2021 for deliberation and vote, without further notice.

 

Resolution memorialization:           The following resolutions were memorialized:

  • Boyan, 323 Steilen Avenue, Block 3301, Lot 28
  • Carlone, 897 Best Court, Block 5003, Lot 18

 

The meeting was adjourned at 10:27 p.m.

 

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: September 28, 2021

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VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

April 27, 2021

 

Opening:

 

The virtual public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:33 p.m.

 

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

 

Approval of Minutes: The minutes from April 13, 2021 were adopted.

 

Resolution memorialization:  The following resolutions were memorialized:

  • Konzelmann, 126 Sunset Avenue
  • Silver Falls Company, LLC, 561 Cliff Street

 

Non-agenda items:

 

Members of the public comments: There were no comments at this time. 

 

Board member comments: Chairman Alegre mentioned that there had been public comment at a recent Council meeting regarding fence height for residential uses.

 

Public Hearings:

 

Chairman Alegre announced that the Tripp, 33 Bryden Place, application would need to re-notice. Chairman Alegre announced that the Katzevich, 244 Ackerman Road, application was carried to May 25, 2021, without further notice.

 

New Business:

 

ANDREA RACKOW & RICHARD CATANZARO – An application to permit the construction of an attic dormer addition, which would result in a front yard setback on Shelton Road of less than 40 feet, where 40 feet is required at 640 Shelton Road, Block 3308, Lot 6, in the R-2 Zone. Andrea Rackow, homeowner, was sworn.

 

Anthony Addesso was sworn and his credentials as a licensed architect accepted. Mr. Addesso testified as to the existing conditions on the property and described the corner lot as undersized. Mr. Addesso explained that the existing structure has a nonconforming front yard setback facing Shelton Road and Walthery Avenue. The proposed dormer will not exacerbate the nonconformity.

 

Board members asked if they could move the dormer 2.5 feet to comply. Mr. Addesso said the room would be unusable and not centered. Board members asked why the space was being added in the attic. Mr. Addesso said it was more practical than expanding the foot print or adding height. Board members asked if all the area in the attic which has a height of 7 feet or more was counted in the gross building area. Mr. Addesso said he only counted the livable space.

 

There were no questions or comments from the public.

 

Mr. Addesso made some closing comments.

 

Following Board deliberation, Mr. Negrycz made a motion to approve with the condition that the additional attic space is calculated into the gross building area and a revised zoning chart be submitted. Mr. Lebow seconded, and the application was approved.

 

Mr. Whitaker left the meeting and Ben Cascio, Esq., substituted as Board attorney for the remainder of the meeting.

 

ADAM BROWN – An application to convert the home into a two-story home which would result in a rear yard setback of 25.50 feet, where 30 feet is required at 386 Berkshire Road, Block 4505, Lot 36, in the R-2 Zone. (Carried from April 13, 2021 without further notice) Chairman Alegre, Mr. Lebow, Mr. Perlman and Mr. Pickholz recused themselves from this hearing.

 

David Rutherford, Esq., entered his appearance and made opening remarks.

 

Edwin Sherman was sworn and his credentials as a licensed architect accepted. Mr. Sherman described the property and the existing conditions on the lot. Mr. Sherman explained that an add-a-level was being proposed with a cantilever on the front. Mr. Sherman explained that a portion of the home already encroaches in the front yard, but they will not exacerbate the encroachment. The existing covered patio has been removed and a new open porch is proposed. Mr. Sherman reviewed the coverage calculations, stating that there are no coverage variances being requested. The attic will not be finished and will have pull down stairs. The existing footprint of the home will not change. Mr. Sherman said the shape of the lot is the hardship.

 

Board members asked about the abutting property. Mr. Rutherford explained that the property to the rear has a deep lot which is wooded and the proposed improvements would not have an impact on that property.

 

There were no questions or comments from the public.

 

Mr. Rutherford made closing remarks.

 

Following Board deliberation, Mr. Bandelt made a motion to approve, Mr. Negrycz seconded, and the application was approved.

 

The meeting was adjourned at 9:00 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved: May 25, 2021

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