180130 - Zoning Board of Adjustment

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

JANUARY 30, 2018

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:      Hans Lehmann, Gary Negrycz, Diana Ruhl, Alyssa Matthews, Greg Brown, Ines Bunza, Isaac Lebow and Jonathan Papietro. Also present were Bruce Whitaker, Esq., Board Attorney; Brigette Bogart, Village Planner; Christopher Rutishauser, Village Engineer and Jane Wondergem, Board Secretary.

Absent:        Sergio Alegre

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.

A resolution appointing John Jahr as the Traffic Consultant to the Board was memorialized.

Public hearings

New Business:

SLRC, LLC d/b/a ARTHUR MURRAY DANCE STUDIO – An application for 1) an interpretation of the Ordinance declaring that the proposed use is permitted in the B-1 Zone as a service business or 2) a use variance to permit a dance studio on the ground floor in the B-1 zone. David Rutherford, Esq., entered his appearance and made introductory remarks. Mr. Rutherford explained that there had been a dance studio operating in Ridgewood for more than 50 years. Mr. Rutherford said that there would be no change in how the business operates, just a change in location and that they are asking for an interpretation of Section 190-110A(1).

Sarah Stanila, one of the proprietors of the Arthur Murray Dance Studio, was sworn, and testified as to the benefits of the proposed location and regarding the nature of the business, hours of operation and employees.

Chairman Lehmann referred to the report prepared by Ms. Bogart, dated December 17, 2017, and the issues raised in that report. Mr. Rutherford said that the proposed use is less intensive than the permitted uses, and that there is some parking for employees provided behind the building. Board members had questions about when larger sessions and competitions are held, and Ms. Stanila stated that they usually schedule bigger events on off hours.

Richard Preiss was sworn and his credentials as a professional planner were accepted. Mr. Preiss distributed a photo packet, marked as Exhibit A-1, showing an aerial view of the property, neighboring businesses and the interior of the current studio. Mr. Preiss addressed Ms. Bogart’s memo. Mr. Preiss testified regarding the hours of the business and how the business could be considered a business/service use and fit within the retail services and entertainment uses. Mr. Whitaker instructed the Board in regards to the ordinance and the list of permitted ordinances. Ms. Bogart said that art studios and restaurants that allow dancing are permitted, but not dance studios specifically, and that the Board needs to determine whether this fits in with the goals and objectives of the permitted uses in the B-1 zone. Board members had questions about the list of permitted uses and what is specifically prohibited and permitted.

There were no questions or comments from the public. The Board deliberated on the decision of interpretation. Mr. Negrycz made a motion that the proposed use is a permitted use and a use variance is not required, Ms. Matthews seconded, and all members voted yes.

BURROUGHS POOLE LLC – An application for preliminary and final site plan approval, use variance, variance and waiver approval to implement a drive-thru component to be used by a Starbucks retail coffee shop at 363-381 Route 17 South, Block 4807, Lot 1, in the HC-Highway Commercial Zone. James Delia, Esq., entered his appearance and made opening remarks. David Delle Donne was sworn and his credentials as a professional architect accepted. Mr. Delle Donne testified regarding the proposed signage, front elevation, wall sconces and lighting. Board members and professionals had questions regarding the size, placement and illumination of the signs. Ms. Bogart asked about the sound level for the ordering system and the effect on the residential neighbors. Mr. Delia said they will stipulate that they will comply with the noise law. Mr. Rutishauser asked about the proposed hours of operation for the drive-thru. There were no questions from the public for the architect.

Ms. Matthews left the meeting at 9:15 p.m.

Alexander Lapatka was sworn and his credentials as a professional engineer were accepted. Mr. Lapatka described the lot and the existing conditions on the property. The site plan prepared by Mr. Lapatka was marked as Exhibit A-1. Mr. Lapatka testified as to the changes being proposed to the site in regards to the drive-thru lane, parking spaces, soil removal and landscaping. Board members had questions about the direction of the traffic coming out of the drive-thru and the traffic movement on the site now. Mr. Rutishauser asked about the existing traffic signs and said that they are currently not enforceable. Mr. Rutishauser asked about the condition of the trees and the berm between the subject site and the residential property and the applicant said they would look at that.

Charles Olivo was sworn and his credentials as a professional traffic engineer accepted. Mr. Olivo testified regarding the Traffic Impact Study he prepared. Mr. Olivo testified about the traffic counts, parking, peak hours, queuing and trip generation. Board members had questions about garbage pickup, emergency access and peak hours for the drive-thru. Mr. Whitaker asked about trucks in the loading zone and in the queuing aisles. Mr. Whitaker referred to the Planning Board resolution from the site plan approval and the condition that no trucks idle at the site. Mr. Olivo said that cars idling are not the same as a truck idling. Mr. Whitaker asked about the Starbucks drive-thru sites that were used for comparison.

Jack Ingraham, 225 Paramus Road, had concerns about vehicles idling during the peak morning hours and the increase in traffic.

The hearing was carried to March 13, 2018 without further notice.

Resolution memorialization:      The following resolutions were memorialized:

-                  SL Ridgewood 2015 d/b/a Serendipity Labs, 45 N. Broad St.

-                  Purington/Dickinson, 151 Grant St.

• Neiley, 660 Linwood Ave.

Meeting was adjourned at 11:08 p.m.

Minutes submitted by: Jane Wondergem, Board Secretary

Date Approved:       June 12, 2018