Zoning Board of Adjustment

VILLAGE OF RIDGEWOOD BOARD OF ADJUSTMENT Meeting Minutes February 13, 2024 Opening: The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:33 p.m. Present: Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Jamie Fox and Yelena Raytser were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner, and Jane Wondergem, Board Secretary. Absent: Jason Curreri Adoption of Minutes: The minutes from January 23, 2024 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 New Business: MARK & AMANDA NAFASH – An application to permit the reconstruction of one-story, two- story and second story additions which would result in a side yard setback to the second story addition of 14.5 feet and to the one-story addition of 15.03 feet, where 17.2 feet is the minimum required; coverage by above structures of 21.8%, where 20% is the maximum permitted; and gross building area of 35.7%, where 34% is the maximum permitted at 404 Beveridge Road, Block 1303, Lot 2 in an R-1 Zone. Mr. Brown asked Mr. Nafash about the survey submitted with the application, which did not include the shed on property. Mr. Nafash said the shed is not a permanent structure. Mr. Whitaker explained that an affidavit was signed saying the survey was current, yet the shed was not included. Mr. Nafash was instructed to update his survey and included the shed in the calculation on his drawings. The application was not heard and was carried to March 26, 2024 without further notice. Old Business: JEFFERY TO & LAUREN ROBBINS – An application to permit the construction of a single family dwelling which would result in coverage by above-grade structures within 140 feet of the front lot line of 20.5%, where 20% is the maximum permitted and gross building area within 140 feet of the front lot line of 31.1%, where 29% is permitted at 155 Phelps Road, Block 1605, Lot 12, in an R-1 Zone. (Continued from December 12, 2023; Carried from January 9, 2024 without further notice) Ari Bernstein, Esq., was present with the applicants and reviewed the previous meeting. Mr. Bernstein identified the variances being requested. 1 Michael Melillo, architect, previously sworn, testified regarding the drawings he prepared, revised to 12/29/23. There were no questions from the Board or from the public for the architect. Michael Petry, engineer and planner, was previously sworn. Mr. Petry addressed the concerns expressed by the Board regarding the front yard setback and reviewed the ordinance regarding front yard setback, which was adopted after this application was submitted. Mr. Petry displayed a House Placement Plan that showed the setbacks of the two houses to the left and the two houses to the right of the subject property. The revised plans show the proposed front yard setback to be at 55 feet, which is 12.5 feet further back than originally proposed. Board members asked if the revisions changed the calculations. Mr. Petry stated that moving the house back 12.5 feet did not change any of the calculations within 140 feet of the front lot line. Mr. Petry stated that if the house were setback 83 feet no variances would be needed. Board members asked about the height of the family room ceiling. Mr. Petry said it was 14 feet. Board members asked about the windows above the family room. Mr. Petry said they were for aesthetics only as there is a storage area there, which can be only, be accessed by an access panel. Mr. Barree confirmed the height of the house. There were no questions or comments from the public. Mr. Bernstein made closing remarks and the hearing was closed. Following Board deliberation, Mr. Bandelt made a motion to approve based on the c(2) criteria with the condition that the space above the family room be accessed only by an access panel door, the maximum height of the storage area is 6’11”, and the back porch is not to be enclosed in any manner. Mr. Papietro seconded and the application was approved. New Business: WILL & CORRINE SHALEWITZ – An application to permit the construction of first floor and second floor additions and a portico at the front of the residence which would result in a front yard setback to the steps of 33.83 feet, where 40 feet is required; and side yard setbacks of 6.33 feet to the garage, 9.58 feet to the first floor addition, and 15.16 feet to the second floor, where 18.66 feet is the minimum required at 224 Richards Road, Block 1205, Lot 4, in an R- 1 Zone. Corrine Shalewitz, homeowner, was sworn. Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified regarding the existing conditions on the property stating that the existing structure is in a nonconforming location. Mr. Schlicht described the proposed additions, the floor plans, the portico addition and the elevations. Mr. Schlicht testified that the applicants want a viable garage. Mr. Schlicht identified the variances and explained the hardship due to the existing location of the house and the narrowness of the lot. Mr. Schlicht addressed the existing landscaping and said the tree would only be removed if the arborist says it is necessary. Board members asked about the width of the garage and the distance from the neighbor’s yard and if the garage could be more narrow. Ms. Shalewitz said they could reduce the width 2 of the garage, but they would end up with a non-functional garage. Board members asked if a 12-foot wide garage would work. The applicant said they would move the garage addition in one foot but they would rather not. Mr. Barree asked about the extent of the patio area, as it is different from what is shown on the survey. Mr. Schlicht explained that the diagram on the zoning calculations is what is proposed. There were no questions or comments from the public. Following Board deliberations, Mr. Brown made a motion to approve the application as presented with the condition that the applicant fills in the evergreens at the side of the garage up to the tree, Mr. Bandelt seconded and the application was approved with five votes yes to two votes no. PATRICIA MARTIN – An application to permit the reconstruction of an existing sunroom and a second floor addition that would result in a rear yard setback of 26.58 feet, where 30 feet is the minimum required at 650 Arcadia Road, Block 4502, Lot 11, in an R-2 Zone. Stan Kufel was sworn and his credentials as a licensed architect accepted. Francois Nicolas was sworn and his credentials as project manager accepted. Mr. Nicolas testified regarding the proposed reconstruction and second floor addition explaining that the existing footprint of the home is not changing. The existing location of the house is nonconforming. Board members asked about the swing set in the front yard, which is not shown on the survey. Mr. Brown said it would need to be removed. Ms. Martin stated that they are removing the swing set. Board members asked about the nonconforming 6-foot fence. Ms. Martin said it was there when they bought the house but they would make it conforming. There were no questions or comments from the public. Following Board deliberation Mr. Negrycz made a motion to approve with the conditions that the swing set is removed and the fence made to conform. Mr. Papietro seconded and the application was approved. TABBOULE RESTAURANT/CHUKRY JABALY - An application for minor site plan approval to eliminate a recessed storefront entry to create an entrance at the façade line, which would result in a floor area ratio of 72% where 58% exists and 50%, is the maximum permitted at 39-41 East Ridgewood Avenue, Block 3805, Lot 16, in a B-1 Zone. Leigh Gilsenan Saltiel, Esq., entered her appearance on behalf of the applicant. Tsampicos Perides was sworn and his qualifications as a licensed architect accepted. Ms. Saltiel made opening remarks explaining the variance being requested. Mr. Perides explained that the front entrance to the storefront was recessed and they have moved the front door to be flush with the existing storefront. Mr. Perides testified that they are not proposing any change to the footprint, but by adding the square footage by the entrance and by utilizing the basement as storage and kitchen prep area, they have further exceeded the floor area ratio. Mr. Whitaker clarified that the only expansion is at the store entrance and that the basement is counted. Ms. Saltiel explained that many restaurants use the basement area for food 3 preparation and that it then counts towards the floor area ratio. Board members asked if the façade changes were reviewed by the Historic Preservation Commission and Ms. Saltiel said that they have recommended approval. Mr. Barree clarified that based on the definition of gross floor area that the basement kitchen counts towards gross floor area even though no additional volume being added to the building. Mr. Barree added that the Master Plan is supportive of modification of the floor area ratio standards in the Central Business District to avoid applicants needing to come to the Board for minor changes such as this one. There were no questions or comments from the public. Ms. Saltiel made closing remarks. The hearing was closed. Following Board deliberation Mr. Bandelt made a motion to approve the application, Mr. Negrycz seconded, and the application was approved. RICHARD & JAMIE CARIDDI – An application to permit the construction of a rear covered open porch with second floor rear addition which would result in coverage by above grade structures over total lot of 20.5%, and coverage by above grade structures within 140 feet of the front lot line of 22%, where 20% is the maximum permitted at 467 Overbrook Road, Block 3610, Lot 10 in an R-2 Zone. Richard and Jamie Cariddi, homeowners, were sworn. Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht testified regarding the existing conditions on the property and the 2014 variance approvals, stating that the applicants did not build all that they were approved for at the time and now the variance approvals expired. Mr. Schlicht said the family room was not built and no work was done in the attic. The current proposal reduces two of the variances and eliminates one of the variances approved in 2014. Mr. Schlicht testified regarding the 2024 drawings, stating that the proposed gross building area is below what is allowed. Mr. Schlicht identified the remaining variances, stating that if the front porch was eliminated no variances would be needed. Mr. Whitaker asked about proposed buffering, Ms. Cariddi showed on the photos which evergreens were the neighbors and which were on their property. Ms. Cariddi said they would plant evergreens the length of the right side of the porch. Board members asked if the area where the fire pit is going is patio. Ms. Cariddi said there is no patio in that area. There were no questions or comments from the public. Following Board deliberation Ms. Ruhl made a motion to approve as presented with the condition that the porch is never enclosed and they plant as discussed. Mr. Brown seconded the motion and the application was approved. Resolution Memorialization: The following resolution were memorialized: - Masseria, 375 Van Emburgh Avenue - Kenney, 219 Walthery Avenue 4 Board discussion: Mr. Brown asked the Board to review the 2023 case summary when they receive it for discussion regarding the annual report. Board members said they were available for a special meeting on March 11. This meeting will be used for residential applications. The meeting was adjourned at 9:55 p.m. Minutes submitted by: Jane Wondergem, Board Secretary Date Approved: March 11, 2024 5