Board of Adjustment Work Session Meeting Minutes 20150224

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:45 p.m.

Present:       Joel Torielli, Hans-Jurgen Lehmann, Diana Ruhl, Shiroy Ranji, Gary Negrycz, Jeffrey Voigt, Alyssa Matthews (8:00p.m.), Jennie Wilson, Sergio Alegre. Also present were Bruce Whitaker, Board Attorney; Anthony Merlino, Board Secretary, and Christopher Rutishauser, Village Engineer.

Absent:                    

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:

LINDA CHUANG & KAI-PING WANG – An application to permit the construction of a detached garage which will result in total lot coverage of 24.4%, and lot coverage within 140 feet of the front lot line of 24.4% where 20% is the maximum permitted for both at 131 Oak Street, Block 2210, Lot 27 in an R-2 zone. Mr. Wang, who was previously sworn, described the amended plan which reduced the lot coverage. The Board members asked Mr. Wang how he calculated the lot coverage and about the changes to the garage. The Board members asked about the driveway. Mr. Wang said what is shown on the plan regarding the driveway is what exists but that he could reduce the driveway size to reduce the lot coverage. The Board suggested that if Mr. Wang reduces the size of the driveway he may not need a variance for lot coverage. Mr. Wang will submit a revised site plan and zoning chart. The hearing was carried to March 10, 2015.

Chairman Torielli announced that the New Cingular Wireless, 601 Franklin Turnpike application was carried to March 10, 2015.

Alyssa Matthews arrived at the meeting at 8:00 p.m.

657 RIDGEWOOD LLC – An application for the expansion of a non-                        conforming use, namely a gasoline station, by the addition of a 7-11 convenience store. Also included is reconfigured fuel dispensing islands and kiosk, new

signage and canopy which require bulk variances including property setbacks for the buildings sign structures, height, area, and number of principal signs. Applicant is seeking use variances and preliminary and final site plan approval all at 657 Franklin Turnpike, Block 4703 Lot 14 in an OB-2 zone. (A continuation from the December 9, 2014 meeting) – Chairman Torielli recused himself from this hearing. Vice Chairman Lehmann said that the hearing was closed and the application was on the agenda for Board deliberation at this time. Vice Chairman Lehmann verified that all members present were eligible to vote on this application. John Marmora, Esq., was present on behalf of the applicant. Robert Inglima, Esq., was present on behalf of Bergen Community Flagship, Inc. Mr. Whitaker and Mr. Inglima discussed the case law which had been forwarded to Board members.

Following Board deliberation on the ‘D’ (use) variance, Jeffrey Voigt made a motion to approve the ‘D’ variance and Alyssa Matthews seconded. 5 Board members voted yes and 2 Board members voted no.

The Board members voted on the ‘C’ (bulk) variances as follows:

Minimum front yard: Jeffrey Voigt made a motion to approve and Alyssa Matthews seconded. Board Members voted five yes and two no.

Yard location of parking area: Jeffrey Voigt made a motion to approve and Alyssa Matthews seconded. Board Members voted five yes and two no.

Yard location of loading area: Alyssa Matthews made a motion to approve and Jennie Wilson seconded. Board Members voted six yes and one no.

Parking and loading space conflict: Gary Negrycz made a motion to approve and Jeffrey Voigt seconded. Board Members voted four yes and three no.

LED signs: Gary Negrycz made a motion to approve and Alyssa Matthews seconded. Board Members voted six yes and one no.

Maximum number of principal signs: Jeffrey Voigt made a motion to approve and Jennie Wilson seconded. Board Members voted six yes and one no.

Movable fuel price sign required: Jeffrey Voigt made a motion to deny and Diana Ruhl seconded. The motion did not carry. Gary Negrycz made a motion to approve and Jennie Wilson seconded. Board Members voted four yes and three no.

Maximum area of fuel price signs: Diana Ruhl made a motion to deny and Shiroy Ranji seconded. All Board members voted yes to deny.

Permitted sign content: Jennie Wilson made a motion to approve and Diana Ruhl seconded. Board Members voted six yes and one no.

Sign dimensional proportions: Jeffrey Voigt made a motion to approve and Jennie Wilson seconded. Board members voted five yes and two no.

Maximum freestanding sign area: Jeffrey Voigt made a motion to approve and Gary Negrycz seconded. Board members voted four yes and three no.

Maximum freestanding sign height: Jeffrey Voigt made a motion to approve and Shiroy Ranji seconded. Board members voted five yes and two no.

Maximum fence height: Gary Negrycz made a motion to approve and Jennie Wilson seconded. Board members voted six yes and one no.

Canopy and Kiosk as accessory structures: Gary Negrycz made a motion to approve and Alyssa Matthews seconded. Board Members voted five yes and two no.

Site Plan: Shiroy Ranji made a motion to deny and Diana Ruhl seconded. The motion did not carry. Gary Negrycz made a motion to approve the site plan subject to shifting the ADA parking and the ADA access space. Jennie Wilson seconded. Board Members voted four yes and three no.

Chairman Torielli announced that the NEW YORK SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS, 546 Franklin Turnpike, application was being carried to March 24, 2015 without further notice.

NEW YORK SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS – An application requesting a D1 Use variance, and minor site plan approval with other variances and waivers, interpretations, and/or approvals as are necessary to permit the installation of a wireless telecommunications facility to be located at 6 South Monroe Street, Block 2404 Lot 3 in an R-110 zone. A continuation from the January 13, 2015 meeting. Dr. Bruce Eisenstein, Radio-Frequency expert for the Board, was sworn and his credentials as an expert accepted. Mr. Stilwell, attorney for the applicant, referred to discussion at the previous meeting regarding the placement and color of the antenna and equipment by the cross on the church and introduced Diane Enright, a Site Acquisition Specialist retained by Verizon Wireless. Ms. Enright was sworn and testified that she discussed the proposed changes with a representative from West Side Presbyterian Church. Ms. Enright said the Board of Trustees from the church reviewed the proposed changes and said they did not like the aesthetics of the proposed change and that the area where Verizon Wireless proposed to put the antenna was not for lease.

Mary Epiphan, 160 Washington Place, asked Ms. Enright how tall the equipment box and the antenna. Ms. Enright said the antenna would be 3 feet taller than the cross and the equipment box/stealth would be 3 feet high.

Michele Lenhard, 22 S. Hillside Place, asked for clarification of what the Board of Trustees at the church approved and did not approve.

Dr. Eisenstein confirmed that he reviewed the transcripts of previous meetings and materials from Mr. Pierson regarding this hearing. Dr. Eisenstein provided testimony regarding the safety of the site in regards to emissions and said he agreed with Mr. Pierson’s calculations and that the site is in State and FCC compliance. Dr. Eisenstein said the gap in coverage is small and what is being proposed is modest and will fill in a small area at the higher frequency and a

broader area at the lower frequency. Dr. Eisenstein said that the conclusion he came to after looking at the drive test and the propagation plot prepared by Mr. Pierson, was that there is a gap in coverage and the proposed site ameliorates that gap and that what is proposed is in full compliance with FCC and state emission regulations.

Paul Mularz, 28 S. Hillside Place, asked Dr. Eisenstein if he looked at any alternative sites on behalf of the Board. Dr. Eisenstein stated that there was a water tower test site looked at by the applicant but that he did not look into any alternative sites. Mr. Mularz asked Dr. Eisenstein if he would look into alternative sites if the Board asked him to. Dr. Eisenstein said he would ask Mr. Pierson to propagate the alternate sites and then he would look at the propagation plots.

Michele Lenhard, 22 S. Hillside Place, had a question regarding Mr. Pierson’s testimony about a gap in coverage to the south of the cross which had not been mentioned until the Board asked the applicant to consider placing the antenna on the north side of the cross and why do other carriers not have a gap. Dr. Eisenstein said that each carrier lays out their network differently and use different technology. Mr. Pierson explained that when he designs the sites he needs flexibility to optimize the site to not only meet the current objective but look ahead to what may be needed in the future. Ms. Lenhard asked about other carriers and collocation and shouldn’t Verizon use a site that has already been approved. Dr. Eisenstein said that different carriers do collocate when possible.

Sunny Sekhon, 254 W. Ridgewood Avenue, asked Dr. Eisenstein about the emissions calculations. Dr. Eisenstein said he verified Mr. Pierson’s calculations and explained the peak radiation emissions and how they are calculated. Mr. Sekhon asked if the applicant would need to come back to the Board if they were going to change the FCC license on the antenna or increase the wattage output from the antenna. Mr. Whitaker said they are permitted to change the equipment without coming back to the Board. Mr. Sekhon asked who was responsible for maintenance of the equipment. Mr. Stilwell said that Verizon is responsible for maintenance.

Alysson Wesner, 36 S. Hillside Place, asked about maximum exposure in regards to children. Dr. Eisenstein said that because children have less surface area they absorb less radiation. Ms. Wesner had questions about exposure over a long period of time. Dr. Eisenstein and Mr. Pierson explained how the calculations were done and that they determine worst case scenario and that they are in compliance.

Paul Mularz, 28 S. Hillside Place, asked Dr. Eisenstein if he had ever seen an application to put an antenna on top of a cross in a residential neighborhood. Dr. Eisenstein said that he had never seen an application for an antenna on a cross but he has seen many applications for antennas on structures in residential

neighborhoods.

Mary Epiphan, 160 Washington Place, asked if the FCC regulations were more or less strict in comparison to other areas of the world. Mr. Whitaker said that was not something the Board can consider. Dr. Eisenstein said some countries were more restrictive and some were less restrictive.

The hearing was carried to March 24.

Resolution memorialization:

            McClosky – 332 Northern Parkway

            Grossano – 26 Pershing Avenue

            Xu – 862 Auburn Avenue

            Schmidt – 326 Heights Road

Meeting was adjourned at 11:20 p.m.

Minutes submitted by: Jane Wondergem, Board Clerk

Date Approved: September 8, 2015