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Main, News
By JENNIFER RUBINO on
September 14, 2023
Zoning Board Discusses ‘Neighborhood’ Definition

WESTFIELD — Two new members were sworn in by the Westfield Zoning Board of Adjustment at its Monday meeting. Angela Knowles, member, and Jessica Giorgianni, Alternate No. 2, were welcomed aboard prior to the introduction of a number of new applications and a carryover from July.

WESTFIELD — Two new members were sworn in by the Westfield Zoning Board of Adjustment at its Monday meeting. Angela Knowles, member, and Jessica Giorgianni, Alternate No. 2, were welcomed aboard prior to the introduction of a number of new applications and a carryover from July.

The first application approved was that of Andrew Vanderback of 212 Myrtle Avenue. The applicant plans to construct a shed dormer at the attic level to create a master bedroom suite with a full bath, closet and bedroom. The existing finished attic will be renovated to expand into the addition, contrary to the Westfield Land Use Ordinance, under which the maximum stories permitted is 2.5 and the maximum eave height permitted is 22 feet. An expert witness architect explained that the changes would mostly be visible from the back of the home, and that the eightfoot ceiling would fit into the neighborhood.

Expert witness architect Frank Troya needed the board’s help to define the word “neighborhood” when he introduced a new application for Paul Zhivago and Eileen Zhivago of 110 Barchester Way. Mr. and Mrs. Zhivago are seeking to construct a single-family dwelling contrary to Section 12.11A of the Westfield Land Use Ordinance, which states that the design of a building must be compatible with the location and character of the surrounding neighborhood, and the proposed building design is not compatible with the character of the surrounding neighborhood. The plan has undergone multiple revisions since it was found in violation of 12.11A last September, prior to the revision of the ordinance on May 9, 2023. The Zhivagos’ dream home is a modern- contemporary style with a flat roof. They were originally in violation of the ordinance due to the use of exterior colors, uses of traditional colors, and blue accents and trim colors. Mr. Troya claimed the word “neighborhood” cannot be defined, and that all of Westfield has different houses. The board said the word is not defined in the ordinance but found it unusual that the expert witness could not define the word.

“My general understanding of the word is the immediate surroundings,” said Board Chair Frank Fusaro. “The intent of the ordinance is the immediate area, not the entire town.”

“The style, the materials, it’s contemporary,” said Mr. Troya. “Why doesn’t it fit? It fits in any neighborhood.”

Mr. Troya compared the home to some of the others in the town’s First Ward, including 440 Topping Hill Road, 701 Lawrence Avenue and 804 Ramapo Way. However, the board pointed out that these homes are one to three miles away from the proposed structure. He said he observed several styles of homes throughout the town, including Colonial, Tudor, modern-contemporary, ranch and Victorian. Expert witness planner Matthew Seckler defined “neighborhood” as Barchester Way and Winchester Way, claiming the size and setbacks of the house would match the area.

“This house conforms and there is aesthetic excellence, new technologies and ideas that can be implemented in the design while respecting Westfield’s heritage,” Mr. Seckler said.

The board requested the roof be pitched so that it would not be mistaken for a commercial property.

“What drew me to Westfield is the vibrant and diverse designs,” Cliff Harrington, a resident of Westfield and witness, said. “It represents the nature of Westfield and brings value to the community.”

The application is scheduled to be revisited in October.

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