Zoning Board of Adjustment

VILLAGE OF RIDGEWOOD BOARD OF ADJUSTMENT Meeting Minutes July 23, 2024 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: Greg Brown, Matthew Bandelt, Diana Ruhl, Jamie Fox, Jonathan Papietro, Jason Curreri, Harold Maxwell and Yelena Raytser. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner; Chris Piersa, Village Engineer, and Jane Wondergem, Board Secretary. Gary Negrycz was absent. Adoption of Minutes: The minutes from July 9, 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 Mr. Brown announced that the Les Dann, LLC, 246 – 264 South Broad Street, hearing was carried to August 27, 2024 without further notice. OUTFRONT MEDIA LLC – An application for preliminary and final major site plan approval for the construction and operation of a single pole, double faced, digital multimessage advertising sign which is a prohibited use and will result in a second principal use; expansion of an existing non-conforming use and bulk variance relief at 500 Route 17 South, Block 4703, Lot 10, in the OB-2 Zone. (Continued from April 23, 2024, Carried from June 25, 2024 with notice) Yelena Raytser was recused from this application. Lou D’Arminio, Esq., was present on behalf of the applicant. Douglas Standriff, Esq., was present on behalf of the objector, AK Realty. Mr. Whitaker explained that he, Mr. D’Arminio, Mr. Standriff and Mr. Barree had all submitted memorandums to the Board members who reviewed them and the transcripts. Mr. D’Arminio objected to Mr. Barree’s report. John Barree, Village Planner, was sworn and his report was entered as Exhibit Board -1. Mr. Barree summarized his report. Mr. D’Arminio referred to his comprehensive report and commented regarding the issues brought up by Mr. Barree regarding the suitability of the site, the height and size of the proposed billboard and in regards to the comments regarding the historic nature of the area. 1 Mr. Standriff referred to his report and commented on the evolution of the sign over the course of the hearing. Mr. Standriff addressed the issue for the neighbors of the site who will see a large black structure, which shows that the site is not suitable. Mr. Whitaker reminded the Board members that they are not to address the safety aspect of the sign as that is the jurisdiction of the NJDOT. Mr. D’Arminio asked how many members were eligible to vote. Mr. Whitaker stated that 7 members were eligible and they have all read the transcripts, the memorandums and have signed affidavits if they missed any meetings. Board members deliberated on the application. Board members commented that they do not believe the applicant’s professionals provided the burden of proof that the site is suitable, that the variances regarding size and height should be granted and that the sign does not align with the Master Plan. Following Board deliberation, Mr. Brown made a motion to deny the application, Mr. Curreri seconded and all Board members voted yes to deny the application. New Business: FOUAD SOURIAL – An application to permit the construction of a second floor addition which would result in a side yard setback of 8.71 feet, where 10 feet is the minimum required at 349 Franklin Turnpike, Block 2901, Lot 15, in an R-2 Zone. Fouad Sourial, homeowner, was sworn. Gabriel Hannoush was sworn and his credentials as a licensed architect accepted. Mr. Hannoush testified regarding the proposed cantilevered second floor addition for a master bedroom. Mr. Hannoush stated that there would be no increase on the first floor as the addition would be over the existing garage and overhang 5 feet. Mr. Hannoush showed the floor plans and elevations. Board members asked why they didn’t go back with the addition rather than closer to the neighbor. Mr. Sourial stated they wanted the addition over the garage. Board members questioned the hardship when there is an alternative that would not need variances. The hearing was carried to August 27, 2024 without further notice. KEVIN OSTROWSKI – An application to permit the construction of an addition which would result in a building height of 31 feet 2 inches, where 30 feet is permitted; gross building area of 33.2% and gross building area within 140 feet of the front lot line of 41.5%, where 32% is permitted at 225 Highland Avenue, Block 2512, Lot 10, in an R-1 Zone. Darryl Siss, Esq., entered his appearance and made opening remarks commenting that the lot is undersized, the entire structure is within the first 140 feet and they are not increasing the footprint of the existing house. Kevin Ostrowski, homeowner, was sworn and explained that they would like to modernize the existing house by creating an open floor plan and adding a master bedroom on the second floor. A rendering was distributed which was marked as Exhibit A-1. Board members asked what was currently over the garage. Mr. Ostrowski said there was a small room and a brick patio. Cesar Padilla was sworn and his credentials as a licensed architect accepted. Mr. Padilla 2 described the existing floor plan and explained that the addition would be over the existing garage and there would be no further encroachment into the side yard. Mr. Padilla said the height variance is due to building the roofline to match the existing peak and that he had tried a shallower roof and it did not work aesthetically. Mr. Padilla showed the proposed elevations and explained the grade changes. Board members asked for clarification of the floor plans. Board members asked about the attic space. Mr. Padilla said the space would be used for storage and mechanical equipment and that any area over 7 feet was included in the calculations for gross building area. Board members asked about access to the attic. Board members asked about the air conditioning compressors. There was discussion regarding the dates on the plans. The Board was had not been provided with the most recent revision sent by the applicant. Mr. Padilla explained the revisions. Edward Easse was sworn and his credentials as a professional planner and licensed architect accepted. Mr. Easse testified regarding a Google Earth photo and went over the zoning analysis he prepared of properties to the east and west of the subject property. Mr. Easse testified that the tax map shows that this is the smallest lot in the area. Mr. Easse emphasized that there would be no additional footprint and they are there because of a c(1)(a) and (c) hardship. Mr. Easse stated that there is an existing landscape buffer and the addition would not be visible from the street. Board members asked if Board members asked if a variance for gross building area would be needed if the lot size was conforming. Mr. Easse said no variance would be needed if it was a conforming lot. Board members asked if the fact that a lot is undersized is always justification to build out to what it could be. Mr. Easse said not always, but that in this instance they are not expanding the footprint or creating any additional impervious coverage. There were no questions or comments from the public. Following Board deliberation Mr. Bandelt made a motion to approve, Mr. Brown seconded and the application was approved. TROY STACKPOLE & BRIANA STAPLETON – An application to permit the construction of a two-story addition, new driveway and attached garage which would result in a front yard setback of 24.2 feet to the front stoop and 29.75 feet to the building, where 55 feet is required; a side yard setback of 6.83 feet, where 10 feet is required; combined side yard setback of 18.9 feet, where 30 feet is required; rear yard setback of 20.3 feet, where 30 feet is required; gross building area 42.04%, where 35% is permitted at 106 Stanley Place, Block 2203, Lot 7, in an R-3 Zone. James Delia, Esq., entered his appearance and made opening remarks. William Petrone was sworn and his credentials as a licensed architect accepted. Mr. Petrone showed Google Earth photos which showed aerial of property and showed that the area is heavily wooded. Mr. Petrone stated that they would only remove trees when necessary. Mr. Petrone showed photos of the property as it exists. Mr. Petrone testified regarding the floor plans and the elevations and went over the zoning table in detail on the plot plan. Mr. Petrone explained that they would be removing the existing asphalt on the right side and adding asphalt to the left side to the garage. Mr. Petrone stated that there would be no way to add a garage without a variance and that the overall coverage complies. Mr. Petrone stated that the lot is undersized as it is a 6,000 square foot lot where 8,400 square feet is required. 3 Mr. Barree asked about the driveway location and the wall and said the plans will need to be reviewed by the Engineering Department to be sure it is in compliance. Board members asked about air conditioning equipment. Mr. Petrone said they would use units that lay flat and place them at the rear of the house. There were no questions or comments from the public. Mr. Delia made closing remarks. The hearing was closed. Following Board deliberation Ms. Ruhl made a motion to approve with the conditions discussed, Mr. Bandelt seconded and the application was approved. Resolution Memorialization: The following resolutions were memorialized: - Modani Estates LLC, 584 Route 17 North The meeting was adjourned at 10:35 p.m. Minutes submitted by: Jane Wondergem, Board Secretary Date Approved: August 13, 2024 4