Zoning Board of Adjustment

VILLAGE OF RIDGEWOOD BOARD OF ADJUSTMENT Meeting Minutes July 9, 2024 Opening: The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:35 p.m. Present: Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Jamie Fox, Jonathan Papietro, Jason Curreri and Yelena Raytser. Also present were Bruce Whitaker, Board Attorney, John Barree, Village Planner and Jane Wondergem, Board Secretary. Adoption of Minutes: The minutes from June 11, 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. Resolution Memorialization: The following resolutions were memorialized: - Burger, 316 Walthery Avenue, Block 3305, Lot 11 - Schimmel, 131 West End Avenue, Block 2505, Lot 22 - Iyer, 414 S. Pleasant Avenue, Block 4401, Lot 13 - Dorin/Behnam, 78 Ridge Road, Block 2111, Lot 3 - Licare, 153 John Street, Block 3407, Lot 1 - Ayes, 627 Alanon Road, Block 4304, Lot 28 - Von Summer, 398 Shelbourne Terrace, Block 1308, Lot 1 - Mayfair Properties, 1010 East Ridgewood Avenue, Block 4204, Lot 11 Public hearings Mr. Brown announced that the Les Dann, LLC, 246 – 264 South Broad Street, hearing was carried to July 23, 2024 without further notice. New Business: JAY KLATSKY – An application to expand the patio area and perimeter walls which would result in coverage by above grade structures of 25.1%, where 24.4% exists and 20% is the maximum permitted; coverage by improvements of 51.5%, where 46.3% exists and 45% is the maximum permitted; and a side yard setback to the patio of 3.3 feet, where 10 feet is required, and a setback to the extended patio wall of 2.3 feet at 152 Pershing Avenue, Block 3404, Lot 10, in an R-2 Zone. Jay Klatsky, homeowner, was sworn. Tibor Latincsics was sworn and his credentials as a licensed engineer accepted. Mr. Latincsics submitted the proposed site plan he prepared which was marked as Exhibit A-1, the landscape plan which was marked as Exhibit A-2, and photos of the existing patio which 1 was marked as Exhibit A-3. Mr. Latincsics described the existing conditions on the property and identified the variances being requested. Mr. Latincsics stated that the c(1) hardship runs with the property as it is an undersized lot. Mr. Latincsics explained that the expanded patio will not be closer to the property line and additional landscaping is proposed. Mr. Latincsics addressed stormwater management. Board members asked about discrepancies in the zoning schedule and an error in the notice. Board members expressed concern about the large increase in patio size. The hearing was carried to August 27, 2024 with new notice. MODANI ESTATES LLC – An appeal requesting an interpretation of zoning regulations and interpretation of use for the property located at 584 Route 17 North, Block 4704, Lot 1. The property is in an R-1 Zone with OB-1 Zone standards. William Goldberg, Esq., entered his appearance on behalf of Modani Estates LLC. Mr. Goldberg read an email from Paola Perez, Assistant Zoning Officer, to explain the purpose of the application. The applicant wants to rent out space in their building and want to know what would be permitted or not permitted. Mr. Goldberg asked what a professional is. Stephanie Shapiro, partner of Modani Estates LLC, was sworn. Dr. Shapiro read the email sent to her by Ms. Perez which recommended that they appeal to the Zoning Board to see what businesses they could lease space to. Dr. Shapiro submitted a resolution from 1986 which approved professional use in an R-1 Zone. Board members asked Dr. Shapiro when they purchased the property and what was in the building at that time. Dr. Shapiro stated that her office rented part of the building and an interior designer was in part of the building. John Barree, Village Planner, was sworn. Mr. Barree said that the lot is now in the R-125 Zone and the 1986 resolution permitted office use. Mr. Barree read the definition of professional office from the Village Code, stating that retail sales and services would not be permitted. Mr. Barree stated that he agreed with the email from Ms. Perez regarding the interpretation. There was discussion regarding office use and a shop and how the code distinguishes between them. Elizabeth Distasi was sworn. Ms. Distasi is a proposed tenant in the subject building. Ms. Distasi explained that she does not have a typical salon as she does hair replacement and works with one client at a time. Ms. Distasi says she does not sell product. Board members asked if she needed a certificate to do what she does, Ms. Distasi said she is certified. Board members asked if she accepted medical insurance, Ms. Distasi said she does not. Board members agreed that the type of business Ms. Distasi does would be considered professional office use. Mr. Fox read from the Village Code, Chapter 190-114, which is the C (Commercial) zone. One section lists the type of professional use that would be permitted, such as business, administrative and professional offices excluding medical offices. Dr. Shapiro asked if a daycare facility would be permitted. Board members were concerned 2 about the intensity of use and traffic and determined that a daycare center would not be permitted according to the 1986 resolution. There were no questions or comments from the public. Following Board deliberation, Mr. Brown made a motion regarding its interpretation of ‘office building’ and what would be permitted, Mr. Bandelt seconded and all members voted in agreement. Discussion: Mr. Whitaker instructed the Board to read the summations regarding Outfront Media LLC and review the transcripts in preparation for the July 23 meeting when the Board will vote on the application. The summations will be posted on the website. Mr. Brown announced that Roger Schlicht’s wife, Cheryl, passed away and that the Board sends condolences to him and his family. The meeting was adjourned at 9:36 p.m. Minutes submitted by: Jane Wondergem, Board Secretary Date Approved: July 23, 2024 3