Board of Adjustment Public Meeting Minutes 20150113

Opening:

The regular meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:40 p.m.

Present:       Joel Torielli, Hans-Jurgen Lehmann, Diana Ruhl, Shiroy Ranji, Gary Negrycz, Alyssa Matthews, Jennie Wilson, Sergio Alegre. Also present were Bruce Whitaker, Board Attorney and Anthony Merlino, Board Secretary.

Absent:         Jeffrey Voigt           

Non-agenda items:

            Board member comments: Jennie Wilson commented on a community wide meeting which was held in November regarding civility and public discourse. Ms. Wilson said that the Board is bound by a responsibility to the Municipal Land Use Law and that they should strive for a balance of respect for the process and civility in public discourse.

            Members of the public comments: There were no comments at this time.

Public hearings

Old Business:

            New York SMSA 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. This hearing is a continuation from the November 11, 2014 meeting. Warren Stilwell, attorney representing the applicant, went over the prior hearing dates and asked if any of the Board members were ineligible at this time. There are two Board members who need to listen to or read the transcript of one or more of the meetings to be eligible.

            Mr. Stilwell asked Glenn Pierson, radio frequency engineer who was previously sworn, to testify regarding the questions asked at the previous meeting during cross-examination about the Valley View water tower. Mr. Pierson submitted a map entitled ‘Verizon Wireless Existing and Proposed AWS LTE Coverage @ 67’ with Valley View Tank Drive Test Data’ prepared on 11-24-2014 which was marked as Exhibit A-12. Mr. Pierson described the coverage and concluded that an antenna

            on the water tank would not close the gap in coverage.

            Board members asked Mr. Pierson where the sites of the AT&T and T-Mobile antenna are and why Verizon is not there. Mr. Pierson said he was aware of some of the locations but not all of them and he explained the different types of coverage and the technology involved. Board members asked if they would be coming back to the Board repeatedly to fill in the gap. Mr. Pierson explained that different antennas have different range and if they could have a 100 foot high tower they would have greater coverage, but that would not be permitted. There were Board questions regarding coverage during a power outage. Mr. Pierson explained that there are magna sites which would be run by a generator.

There were no further questions from the Board.

Paul Mularz, 28 S. Hillside Place, asked if 2009 was the last time the other sites, Glen water tower, Valley View water tower and the fire house, were looked at as possible locations and if technology has changed since then. Mr. Pierson explained that the physics of the radio waves does not change. Mr. Mularz had questions regarding the coverage of the different locations which Mr. Pierson answered. Mr. Mularz asked if there were complaints regarding the Verizon coverage and Mr. Pierson said that they are constantly monitor the system and they know where there are gaps in the system.

Jen Epiphan, 158 Washington Place, asked Mr. Pierson if they tested the fire house. Mr. Pierson said the fire house was not available so they did not test that location. Ms. Epiphan asked about other locations that were looked at. Mr. Pierson said there are few existing appropriate sites available. Ms. Epiphan asked for clarification regarding the Valley View water tower testing. Mr. Stilwell marked a photo taken from the Valley View water tank Exhibit A-13. Ms. Epiphan distributed a ‘Topographic Map of Monroe Street in Ridgewood and the Surrounding Areas’, which was marked as Exhibit O-1.

Michele Lenhard, 22 S. Hillside Place, asked if the tennis courts and fire house site would be a preferred location. Mr. Pierson said that they had looked into that site but that it was protected by Green Acres and was not available for commercial use. Ms. Lenhard asked about overlap of coverage. Mr. Pierson said there would not be overlap of the higher frequency being provided.

Mary Epiphan, 160 Washington Place, had questions regarding the coverage provided from the proposed site at that height and if a higher elevation is better or a lower elevation. Mr. Pierson said higher is better and explained the physics and technology.

James T. Kyle, Professional Planner, was sworn and his credentials as an expert

were accepted by the Board. Mr. Kyle explained his preparation for this application and the variances being requested. Mr. Kyle said the church was one of the few non-residential structures in the area and submitted a photo simulation package which was marked as Exhibit A-14. The photos show the view of the stealth screening from various locations and Mr. Kyle stated that the photos show that the visual impact would be inconsequential. Mr. Kyle went over the positive and negative criteria for the variances.

The Board members asked where the closest zone that allows cellular communications equipment is located. There were Board questions regarding the color and shape of the stealth screening. Mr. Stilwell said the screening could be changed as per recommendation of the Board. Board members asked if there would be an opportunity for colocation, Mr. Kyle said there could be and it would need to be addressed by the Board. Board members asked if the applicant was addressing issues that were an existing problem or a future problem. Mr. Kyle said that there is a problem today and it would only get worse going forward.

Mr. Pierson was brought back to answer questions regarding the possibility of mounting the box behind the cross. Mr. Pierson said that it would affect the coverage but they could look into relocating the box.

Michele Lenhard, 22 S. Hillside Place, had questions regarding the photos and the impact on residents who live nearby. Ms. Lenhard, a member of the Board of Education, commented on the testimony given regarding the middle schools.

Paul Mularz, 28 S. Hillside Drive, asked if emergency services or the schools had contacted Verizon regarding coverage. Mr. Kyle didn’t know.

Jen Epiphan, 158 Washington Place, asked why not locate at the firehouse or at Citizens Park. Mr. Pierson explained that the firehouse was not leasing and that Citizens Park was open space.

Mary Epiphan, 160 Washington Place, asked Mr. Pierson if the applicant is only trying to fill the gap now or for the future. Mr. Pierson explained that it is when something like this is built it is for today and for what may be needed in the future.

Chairman Torielli said the meeting would be carried to January 27, 2015 for public comments.

New Business:

NEW CINGULAR WIRELESS – Request for an amendment to the original resolution of approval, an extension of 5 months of the telecommunication

antennae on a temporary cell tower/trailer at 490 Route 17 South, Block 4703, Lot 11 in the OB-2 Zone. Ms. Ruhl recused herself from this hearing and left the

meeting. Judith Fairweather, attorney for the applicant, introduced Daniel Penesso, RF Engineer for the applicant. Mr. Penesso was sworn. Mr. Penesso explained that AT&T is applying for 4G technology to be added to the unipole at 601 Franklin Turnpike and that until that is approved they need the C.O.W. (Cell on wheels) which was removed. Mr. Penesso described the existing coverage, the coverage with the proposed site and the coverage that is being applied for in the next application using the map which was Exhibit A-1 at the previous hearing. Ms. Fairweather stipulated that what is being proposed is the same as what was previously approved.

The Board asked if they would be asking for another extension. Ms. Fairweather said they need the extension through May 31, 2015 as they should have approvals for the permanent location by that time. Mr. Whitaker said the stipulations from the prior application would remain the same.

There were no questions from the public and the hearing was closed. After Board deliberation Mr. Negrycz made a motion to approve and the Board voted yes.

NEW CINGULAR WIRELESS – An application to modify the existing telecommunications facility and pole. Applicant proposes to replace existing 3

antennas with 6 new antennas within the stealth pole enclosure and place a battery cabinet on the existing equipment cabinet. Applicant is seeking a use variance, minor site plan approval, and front, rear and side yard setback variances at 601 Franklin Turnpike, Block 4703, Lot 17 in the OB-2 zone. Application was carried to February 24, 2015.

Resolution memorialization: Nally, 160 Walthery Ave.

                                                     Yuhan Heating & AC/Byun – 650 Robert St.

                                                     Vasollo – 562 Lotus

                                                 Langsdale – 83 N. Van Dien                                

Discussion items: Higgins – 33 N. Pleasant Ave. – Mr. Merlino explained that an amended plan was submitted. There was Board discussion on whether or not the applicant needed to come back to the Board. It was decided that the applicant would need to come back to the Board with the amended plan.

Meeting was adjourned at 10:55 p.m.

Minutes submitted by: Jane Wondergem, Board Clerk

Date approved: September 8, 2015