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20191126 Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 26, 2019

Opening:

The regular public 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, Jonathan Papietro and Matthew Bandelt. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney; Maryann Bucci-Carter, Village Planner, and Jane Wondergem, Board Secretary.

Absent:        Greg Brown, Isaac Lebow, Daniel Perlman

Minutes:      The minutes from October 29, 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 Michel and Linda Mouravieff, 525 North Maple Avenue, application was carried to February 4, 2020, with notice, and the Thomas Stachelrodt, 334 South Broad Street application was carried to January 14, 2020, without further notice.

 

Applications:

JAMIE & JANA KATCHER – An application to permit the construction of a one story enclosed porch which will result in a side yard setback to the landing and steps of 16 feet, where 19.33 feet is required; coverage by above-grade structures of 21.08%, and coverage by above-grade structures within 140 feet of the front lot line of 21.71%, where 20% is permitted for both at 738 Upper Boulevard, Block 1404, Lot 7, in the R-1 Zone. Xiomara Paredes was sworn and her credentials as a licensed architect accepted. Jamie and Jana Katcher, homeowners, were sworn. Ms. Paredes testified regarding the existing conditions on the property and the proposed one story addition. Ms. Paredes displayed an aerial view of the area, marked as Exhibit A-1. Ms. Paredes testified regarding the floor plans. The hardship, according to Ms. Paredes, is the deficient lot size. Board members had questions regarding the enclosed porch, the location of the gas line and if they ever intend to enclose the porch. Ms. Paredes stated that the materials being used dictate that it would not be a livable space.

There were no questions or comments from the public. Following Board deliberation, Ms. Ruhl made a motion to approve, Mr. Bandelt seconded, and all members voted yes to approve the application.

 

STEPHEN & ALISON FENECH – An application to permit the construction of an  addition and covered porch which will result in a front yard setback of 24.1 feet to the addition, where 40 feet is required; a side yard setback of 8.4 feet, where 10 feet is required; coverage by above grade structures of 20.07% on the whole lot and 23.94% within 140 feet of the front lot line, where 20% is permitted; gross building area within 140 feet of the front lot line of 36.49%/2,554 square feet, where 35%/2,450 square feet is permitted at 236 Lakeview Drive, Block 2508, Lot 5, in the R-2 Zone. (Continued from October 22, 2019 without further notice) John Veteri, Esq., was present on behalf of the applicant and commented on the revisions made since the previous meeting. Kevin Spink, architect, was previously sworn testified as to the revisions and reductions made. Mr. Spink stated that the addition at the rear of the house was reduced and the massing was reduced by eliminating part of the 2nd floor addition, and the variance for coverage by improvements within 140 feet of the front lot line was eliminated. Board members asked for a breakdown of the main changes and how many variances are being requested. Board members asked about the size of the open porch area and what the typical front yard setback is for the neighborhood. Mr. Spink stated that the average front yard setback in the area is 26.7 feet.

There were no questions from the public. Lori Finley, 775 Amaryllis Avenue, Oradell, spoke on behalf of her daughter, the homeowner, in support of the variances being requested.

Following Board deliberation, Mr. Bandelt made a motion to approve, Ms. Ruhl seconded, and the application was approved with the condition that the porches never be enclosed.

JOSE MOLINA & ELSA FELIPE – An application to remove existing garage and rebuild new structure to allow for new garage under 1.5 story addition which will result in a front yard setback of 31.6 feet, where 40 feet is required and coverage by above-grade structures within 140 feet of the front lot line of 20.2%, where 20% is permitted at 941 Hillcrest Road, Block 1202, Lot 11, in an R-1 Zone. Scott Bella was sworn and his credentials as a licensed architect accepted. Mr. Bella was present on behalf of the applicants who were not present. Mr. Cascio asked for clarification regarding a discrepancy in the name of the applicants from what was on the application and what is on the plans. Mr. Bella said the name on the application was correct. Mr. Bella testified as to what is existing on the property and what is being proposed. Mr. Bella commented that the hardship is the slope of the property on Morningside Road and on Hillcrest Road.

Board members asked about the necessity of keeping the portion of the original driveway. Mr. Bella said it was for easier access to the front door. Board members asked about the amount of soil movement, the retaining walls and new driveway. Board members expressed several concerns and questioned if the garage area would count towards gross building area.

The hearing was carried to January 14, 2020, without further notice.

RICHARD & RACHEL GENTILE – An application to permit the construction of a first and second floor addition and an extension of the covered front porch which will result in a front yard setback on S. Irving Street of 21.6 feet, and on Addison Place of 14.9 feet, where 40 feet is required; a side yard setback of 7.82 feet, where 10 feet is required; coverage by above-grade structures of 25.77%, where 20 % is permitted and gross building area of 40.7%/2,036 square feet, where 35%/1,750.8 is permitted at 23 South Irving Street, Block 4004, Lot 6, in an R-2 Zone. Richard and Rachel Gentile were sworn. Mr. Gentile testified regarding what is being proposed and the variances being requested. Mr. Gentile described the proposed floor plan and porch expansion. Board members asked for additional detail on the plans. Board members said the gross building area was calculated incorrectly as it was not measured to the outside walls. Board members asked the applicant to come back with more comprehensive drawings and the correct calculations.

The hearing was carried to January 14, 2020, without further notice.

Resolution memorialization:      The following resolutions were memorialized:

          -         Gold, 511 North Monroe Street

          -         Forman, 51 Monte Vista Road

 

The meeting was adjourned at 10:04 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       December 10, 2019

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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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20191029 Zoing Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

October 29, 2019

Opening:

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

Present:       Gary Negrycz, Diana Ruhl, Matthew Bandelt and Daniel Perlman. Also present were Ben Cascio, Esq., substituting for Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:        Sergio Alegre, Greg Brown, Isaac Lebow, Jonathan Papietro

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

 

New Business:

 

MARK & CARYN FOLLENDER – An application to  permit the construction of a new one and a half story single family home which will result in coverage by above grade structures within 140 feet of the front lot line of 29.94%, where 20% is permitted; coverage by improvements within 140 feet of the front lot line of 45.78%, where 40% is permitted; gross building area within 140 feet of the front lot line of 34.11%, where 29% is permitted, and a driveway width of 21 feet, where 20 feet is permitted at 244 South Pleasant Avenue, Block 4303, Lot 11, in the R-2 Zone. Mark Follender, Esq., 414 Overbrook Road, homeowner, was sworn and made introductory remarks. Conrad Roncati was sworn and his credentials as a licensed architect accepted. Mr. Roncati testified in regards to the drawings he prepared. Board members asked about the placement of the garage and how the homeowner would get their cars into it. Mr. Roncati said they would need to make k-turns. Board members asked about the distance between the driveway and the neighbor’s home, Mr. Roncati said the driveways meet. Mr. Roncati listed the variances needed, testifying that the reason for the variances is because it is a single story home and the Village ordinances seem to be for two-story homes. Mr. Follender said that he would put curbing between the driveways as there is no room for landscaping.

Board members asked about the setbacks of other homes in the neighborhood. Board members asked if a detached garage in the rear of the property was considered. Mr. Roncati said that would result in a variance for impervious coverage.

Mr. Roncati described the floor plans. Board members asked about the necessity of the large mudroom/laundry room. Board members asked about the hardship considering that it is a new home and the lot is not undersized. Mr. Roncati said that many options had been considered and they decided that what is being proposed is best. Mr. Follender stated that moving the garage to the back or constructing a detached garage would affect the neighbor.

Gary Cirillo, 252 S. Pleasant Avenue, was sworn and commented that he will also be constructing a ranch style addition next door to this one and that he supports what is being proposed.

There were no further questions or comments from the public.

Mr. Follender made closing remarks. Following Board deliberation Mr. Bandelt made a motion to deny the application, Ms. Ruhl seconded, and all members voted yes to deny the application.

 

Resolutions:          The following resolutions were memorialized:

-        Arciprete, 355 Fairway Road

-        ASK Property Group, LLC, 448 Berkshire Road

-        Wormser, 415 Arden Court

 

Discussion:  The Board discussed a request from Levent Okumus, 291 Midvale Street, for a one-year extension on his variance approval. Following Board discussion, an extension of 6 months was granted. 

The meeting was adjourned at 9:35 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:       November 26, 2019

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20191210 Zoning Board of Adjustment Agenda

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, December 10, 2019

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:         

-        November 12, 2019

-        November 26, 2019

          Resolution memorialization:        

-        Touloughian, 443 S. Pleasant Avenue

-        Zynczenko, 598 Cliff Street

-        Katcher, 738 Upper Boulevard

Non-agenda items:

-        Board member comments

-        Members of the public comments

          Work Session:

-        How to review an application from start to finish; Gary Negryz

-        Refresher on (c) variances: Bruce Whitaker

-        Recusals: factors to consider

-        Use of pictures and electronic devices during meetings

-        How to perform a site visit

-        NJ Open Public Meetings Act: e-mails and outside discussions

-        Quorums, eligibility and voting

-        Meeting pace, appropriate questions

-        Number of opportunities for applicants to present to Board

-        Scheduling and number of applications

-        Discuss Annual Report to Village Council

-        Other

          Adjournment

         

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20191126 Zoining Board of Adjustment Agenda

VILLAGE OF RIDGEWOOD ZONING BOARD OF ADJUSTMENT

AGENDA

Tuesday, November 26, 2019

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:          October 29, 2019

Non-agenda items:

          Board member comments

          Members of the public comments

Public hearings

          Old Business:

STEPHEN & ALISON FENECH – An application to permit the construction of an  addition and covered porch which will result in a front yard setback of 24.1 feet to the addition, where 40 feet is required; a side yard setback of 8.4 feet, where 10 feet is required; coverage by above grade structures of 20.07% on the whole lot and 23.94% within 140 feet of the front lot line, where 20% is permitted; gross building area within 140 feet of the front lot line of 36.49%/2,554 square feet, where 35%/2,450 square feet is permitted at 236 Lakeview Drive, Block 2508, Lot 5, in the R-2 Zone. (Continued from October 22, 2019 without further notice)

 

 

 

 

AGENDA – CONTINUATION                                               November 26, 2019

MICHEL & LINDA MOURAVIEFF – An application to permit the applicant to continue to use dwelling as their personal residence and lease home professional office to a third-party at 525 North Maple Avenue, Block 2904, Lot 16, in an R-2 Zone. (Continued from April 9, 2019) (Carry to February 4, 2020)

 

          New Business:

THOMAS STACHELRODT – An application to permit the construction of a stair tower on the two-family dwelling at the front of the property which will result in a side yard setback of 6.55 feet, where 10 feet is required; coverage by improvements of 74.83%, and coverage by improvements within 140 feet of the front lot line of 71.5%, where 40% is permitted for both; gross building area of 7,605 square feet, where 4,254 square feet is permitted; gross building area within 140 feet of the front lot line of 35.61%, where 32% is permitted; and expansion of the non-conforming use at 334 South Broad Street, Block 3905, Lot 23, in an R-3 Zone.

JAMIE & JANA KATCHER – An application to permit the construction of a one story enclosed porch which will result in a side yard setback to the landing and steps of 16 feet, where 19.33 feet is required; coverage by above-grade structures of 21.08%, and coverage by above-grade structures within 140 feet of the front lot line of 21.71%, where 20% is permitted for both at 738 Upper Boulevard, Block 1404, Lot 7, in the R-1 Zone.

JOSE MOLINA & ELSA FELIPE – An application to remove existing garage and rebuild new structure to allow for new garage under 1.5 story addition which will result in a front yard setback of 31.6 feet, where 40 feet is required and coverage by above-grade structures within 140 feet of the front lot line of 20.2%, where 20% is permitted at 941 Hillcrest Road, Block 1202, Lot 11, in an R-1 Zone.

RICHARD & RACHEL GENTILE – An application to permit the construction of a first and second floor addition and an extension of the covered front porch which will result in a front yard setback on S. Irving Street of 21.6 feet, and on Addison Place of 14.9 feet, where 40 feet is required; a side yard setback of 7.82 feet, where 10 feet is required; coverage by above-grade structures of 25.77%, where 20 % is permitted and gross building area of 40.7%/2,036 square feet, where 35%/1,750.8 is permitted at 23 South Irving Street, Block 4004, Lot 6, in an R-2 Zone.

          Resolution memorialization:         Gold, 511 North Monroe Street

                                                            Forman, 51 Monte Vista Road

          Discussion:  

          Adjournment

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