Zoning Board of Adjustment

20230509 - Zoning Board of Adjustment Minutes VILLAGE OF RIDGEWOOD BOARD OF ADJUSTMENT Meeting Minutes May 9, 2023 Opening: The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:03 p.m. Present: Matthew Bandelt, Gary Negrycz, Michael Pickholz, Jonathan Papietro, Jason Curreri, Harold Maxwell and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner, and Jane Wondergem, Board Secretary. Absent: Greg Brown and Diana Ruhl were absent. Minutes: The minutes from April 25, 2023 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: Old Business: JASON POLLARD – An application to permit the construction of a detached garage which would result in a rear yard setback of 3 feet, and a side yard setback of 3 feet, where 5 feet is required; distance between garage and principal building of 10.8 feet where 12 feet is required, and coverage by above grade structures of 21.8%, where 20% is permitted at 679 Ellington Road, Block 4607, Lot 30, in an R-2 Zone. (Continued from February 14, 2023, Carried from April 25, 2023) James Delia, Esq., briefly reviewed the previous appearances. Paul Grygiel, professional planner, was previously sworn and testified regarding the revisions. Mr. Grygiel explained that the proposed two car garage would be in the same location as the previous garage. Mr. Grygiel stated that there was not a way to build a garage without variance relief. Board members asked about the driveway width and the walkway around the house. Mr. Pollard, homeowner, was previously sworn and stated that when the walkway was approved by the Zoning Officer there was no issue with coverage. Following discussion regarding the coverage issue, the applicant said they would make a reduction in the impervious coverage to comply with Village Code. There were no questions from the public. Public comment: Jeana Cowie, 702 Midwood Road, was sworn and stated that there are drainage issues on her property, directly behind the applicant, and does not want the garage closer to the property line. John Sikes, was sworn and stated that his father lives next door and that he is also concerned about drainage issues. Jay Sikes, 683 Ellington Road, was sworn and stated that there was nothing wrong with the previous garage which was demolished without permits. Mr. Delia said the revisions were made in response to the comments from the Board at the prior meeting and they will reduce the impervious coverage and will stipulate to addressing the drainage concerns with the required seepage pits. Mr. Pollard stated that a seepage pit was put in the back yard and they will comply with what is required. Following Board deliberation, Mr. Negrycz made a motion to approve with the conditions discussed, Mr. Pickholz seconded, and the application was approved. New Business: CHRISTOPHER & JENNIFER OWEN – An application to permit the construction of a covered front porch and rear two-story addition which would result in a building height of 35.9 feet, where 30 feet is permitted; side yard setbacks to the porch of 14.2 feet, to the addition of 14.58 feet and 22 feet, where 24.09 feet is required; coverage by above grade structures within 140 feet of the front lot line of 24.5%, where 20% is permitted; gross building area within 140 feet of the front lot line of 38.3%, where 32% is permitted; and coverage by improvements within 140 feet of the front lot line of 46.9%, where 45% is permitted at 857 Hillcrest Road, Block 1202, Lot 24, in an R-1 Zone. Darryl Siss, Esq., entered his appearance and made opening remarks, describing the property, what is being proposed and the variances being requested. Jennifer Kuiken Owen, homeowner, was sworn and explained the need for the proposed addition to gain a bedroom on first floor and enable them to work from home. Mr. Barree asked how this application is different from the 2018 resolution. Christopher Owen, homeowner, was sworn and testified that they did not build what was previously approved and that their needs are different at this time. Roger Schlicht was sworn and his credentials as a licensed architect were accepted. Mr. Schlicht testified regarding the lot and the existing conditions on the property, stating that it is a narrow lot. Mr. Schlicht described the floor plans and the elevations, explaining that the proposed addition is lower than the existing roof line and that the height is due to the slope of the property. Mr. Schlicht said the hardship is based on the C(1)(a) and C(1)(c) criteria. Mr. Schlicht went over the zoning table and stated that if the property was the proper size and the house was set back no variances would be needed. Mr. Schlicht showed a comparison diagram with the house next door at 651 Hillcrest to show that what is proposed is in keeping with the neighborhood. Mr. Barree asked about the fireplace on the first floor and if the basement was finished. Mr. Schlicht said the basement was partially finished. Mr. Barree said the column design in the front is out of character for a Tudor style home. Mr. Schlicht said the column is square. Mr. Whitaker clarified that the rear addition exceeds the height, but is lower than the existing roof. Board members asked how Mr. Schlicht was able to get the side by side comparison. Mr. Schlicht said he had permission from the neighbor. Board members asked if they would stipulate that the area being created underneath the house would never be enclosed. The applicants agreed. There were no questions from the public. Public comment: Scott McDermott, 851 Hillcrest Road, was sworn and supported the application. Mr. Siss made closing comments and the hearing was closed. Following Board deliberation, Mr. Negrycz made a motion to approve, Mr. Maxwell seconded and the application was approved. MILELLI RIDGEWOOD SHA LLC – An application for preliminary and final major site plan approval and use variance approval to permit the expansion of multi-family apartment use by converting the existing medical/professional office building into 4 residential apartments at 164 Union Street, lock 3709, Lot 9.01, in an R-3 Zone. James Delia, Esq., entered his appearance and made opening remarks. Mr. Delia explained that there was no interest in commercial use for the vacant space and that by making the space into apartments, there is a reduced parking requirement. Nancy Dougherty was sworn and her credentials as a licensed architect accepted. Ms. Dougherty testified regarding the plans she prepared, revised to 4/26/23, describing the existing property and the number of parking spaces. Ms. Dougherty said that the existing medical offices would be converted to one bedroom apartments and there would be no other changes to the site. Ms. Dougherty described the photos she had taken of the existing conditions on the property. Mr. Whitaker asked about the square footage of the medical office, which was 4,740 square feet. Ms. Dougherty described the floor plans of the proposed apartments. Mr. Barree referred to his report and asked his items of concerned would be handled. Ms. Dougherty addressed how the trash would be handled. Mr. Barree asked about the striped parking space in the front for the fire department. Mr. Barree asked that a representative from the fire department review the plans and determine the function of that parking area. Paul Grygiel was sworn and his credentials as a professional planner were accepted. Mr. Grygiel testified regarding the history of the use of the property and the suitability of the proposed use as the existing residential units have been there for more than 50 years. Mr. Grygiel testified that the applicant had been trying to fill the building for more than 4 years. Mr. Grygiel stated that the proposed use is less intense in terms of parking and there would be no substantial negative impact on the public good and there would be no exterior changes being made to the site. Mr. Whitaker referred to the 1976 resolution and that the residential use was found to be suitable at that time. There were no questions from the Board. There were no questions or comments from the public. Mr. Delia made closing comments. Following Board deliberation, Mr. Bandelt made a motion to approve, Mr. Negrycz seconded, and the application was approved. JASON & KATHLEEN ESCARAVAGE – An application to permit the construction of an addition with the enclosure of existing outdoor stairs to basement which would result in a side yard of 10.3 feet, where 19 feet is required, and gross building area within 140 feet of the front lot line of 30.5%, where 29% is permitted at 284 Cantrell Road, Block 2513, Lot 1, in an R-1 Zone. Piero Gabucci was sworn and his credentials as a licensed architect accepted. Mr. Gabucci described the existing conditions on the property and the issue with the existing stairs. Mr. Gabucci described the proposed one story addition and stated that there are no variances being requested for coverage. Mr. Whitaker asked if the foundation wall exists. Mr. Gabucci said it did. Board members asked when the exterior stair case was built and how it was able to be built without a variance. Mr. Gabucci said it was maybe built 12 years ago and was not counted as structure as it was underground. Mr. Whitaker said it may have been the interpretation of the Zoning Officer at the time. Board members asked about the hardship. Mr. Gabucci said it was a C(1)(c). Mr. Gabucci explained that enclosing the corner added to the gross building area within the first 140 feet. 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. FATMIR FANDA – An application to permit the construction of a two story addition which would result in a distance of ±11 feet, to the existing garage, where 12 feet is required; coverage by improvements of 49.9%, where 45% is permitted; and for the construction of a second story addition which would maintain a side yard of 5.8 feet, where 10 feet is required; aggregate side yards of 15.9 feet, where 18 feet is required; coverage by above grade structures of 26.1%, where 25% is permitted; and gross building area of 51%, where 40% is permitted at 116 Woodside Avenue, Block 3708, Lot 7, in an R-3 Zone. Fatmir Fanda, homeowner, was sworn. Jonathan Babula was sworn and his credentials as a licensed architect accepted. Mr. Babula testified regarding the plans he prepared, explaining the zone and the lot, which is nonconforming in lot area. Mr. Babula identified the variances being proposed and went over the zoning table. Mr. Babula described the floor plans explaining that the existing bathroom is not to code. The house is a two-family dwelling. The addition would not be seen from the street. Mr. Babula said the hardship is the deficient lot area. Board members asked questions regarding which areas of the home were for which dwelling unit. Board members asked about the attic space, which would become a 3rd story. Board members asked about the height of the structure and how it was measured. It was determined that a height variance would be needed. Board members were concerned about the coverage and that the driveway was over the property line. Mr. Fanda explained that he had received permission from the Zoning Officer to put pavers down due to the condition of the asphalt. Mr. Fanda said he also had permission from the neighbor as they use the driveway. Board members were concerned about the increase of gross building area. Board members were also concerned about the inaccuracies of the calculations. Mr. Barree asked that they reduce the attic floor area and the height. The application was carried to June 27, 2023 without further notice. Resolution Memorialization: The following resolutions were memorialized: - Mordkovich, 320 Wastena Terrace - CY Cornerstone LLC, 848 E. Ridgewood Avenue - Kantrowitz, 126 S Hill Road The meeting was adjourned at 9:50 p.m. Minutes submitted by: Jane Wondergem, Board Secretary Date Approved: June 13, 2023