20230411 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

April 11, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:15 p.m.

 

Present:  Greg Brown, Matthew Bandlet, Gary Negrycz, Diana Ruhl, Michael Pickholz, Jonathan Papietro, Jason Curreri and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner; Chris Piersa, Village Engineer, and Jane Wondergem, Board Secretary.

 

Absent:  Harold Maxwell was absent.

 

Minutes:          The minutes from March 28, 2023 were adopted.

 

Non-agenda items:

 

            Board member comments: There were no comments at this time.

 

            Members of the public comments: Denise Lima, 319 E. Glen Avenue, asked about an ordinance which would allow fences to have a height of 6 feet. Mr. Whitaker said that would be a Planning Board issue.

           

Public hearings

 

New Business:

 

GREGORY WEIDNER & PAMELA LEWIS – An application to permit the construction of 2 false overlay roofs which would result in a front yard of 31.1 feet and 38.4 feet where 50 feet is required for the Property located at 96 Lawrence Court, Block 1510, Lot 20, in an R-110 Zone.

 

Pamela Lewis, homeowner, was sworn.

 

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Mr. Schlicht described the property as a unique and nonconforming lot with an existing lawful dwelling in a nonconforming location.

 

Mr. Schlicht testified regarding the plans he prepared, describing the proposed false roofs which will encroach into the front yard setback. Mr. Schlicht stated that there is no interior expansion, the purpose of the proposed lay over roofs is for architectural aesthetics.

 

Mr. Whitaker asked about the height of the roofs, Mr. Schlicht said they will be 16 feet. Board members asked about the construction at the rear of the dwelling. Mr. Schlicht stated that the applicant had zoning approval for an addition which is shown on the submitted survey.

 

There were no questions or comments from the public.

 

Following Board deliberation, Mr. Negrycz made a motion to approve, Mr. Bandelt seconded and the application was approved.

 

CY CORNERSTONE, LLC – An application for use variance approval to allow the vacant first floor space to be utilized as a nail salon, and for approval to allow any other commercial use which is permitted in the B-2 Zone at 848 East Ridgewood Avenue, Block 4203, Lot 5, in an R-2 Zone.

 

James Delia, Esq., entered his appearance and made opening remarks. Mr. Delia described the prior uses in the location.

 

Thomas Stearns III was sworn and his credentials as a civil engineer accepted. Mr. Stearns testified regarding the site plan and survey he prepared and described the layout of the property. Mr. Stearns stated that there were 22 parking spaces and due to the restriping of the ADA parking space, they would lose one space. Mr. Stearns said that was the only proposed change to the site.

 

Mr. Whitaker asked if there was any use in that zone which would require more parking than what is proposed. Mr. Delia said there was not and listed the permitted uses in the B-2 Zone.

 

Board members expressed concern that some uses were more intensive than the proposed nail salon. Mr. Barree said that the parking requirements are dependent on the square footage of the space.

 

Mr. Piersa asked the location of the ADA parking space.

 

There were no questions from the public for Mr. Stearns.

 

Paul Cho, property owner, was sworn. Mr. Cho owned the property for 3 years and lives in one of the apartments on the second floor. Mr. Cho testified that the space was vacant for 6 months due to the necessity of appearing before the Board. MR. Cho testified as to the days and hours of operation of the existing businesses and for the proposed nail salon. Mr. Cho testified that the parking lot is never full.

 

Board members asked if the proposed hours of operation were just for the nail salon or if they would run with the resolution. Mr. Delia said those hours were for the nail salon.

 

Public questions: Kevin Sheehan, 153 S. Van Dien Avenue, asked how the proposed use may impact the traffic in the area as it is a short distance from Somerville School. Mr. Delia said the current use of the property has been there for years and that nothing is changing.

 

Board members discussed the application and said they had no issue with the nail salon, but were not ready to give blanket approval for all of the B-2 permitted uses.

 

The application was carried to April 25, 2023 without further notice to discuss the list of permitted uses.

 

Old Business:

 

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 August 23, 2022; Carried from January 31, 2023 without further notice)

 

Michael Pickholz recused himself from this hearing and left the meeting.

 

Louis D’Arminio, Esq., was present on behalf of the applicant and briefly went over the prior meetings.

 

Douglas Standriff, Esq., was present as counsel for the Objector, AK Realty, LLC.

 

Robert Inglima, Esq., was present as counsel for, Bergen Convenience Flagship, Inc. Mr. Inglima stated that their objection was withdrawn.

 

Mr. Whitaker explained the process to the public.

 

Brett Skapinetz, Engineer, was sworn.

 

Rohan DeSilva, 521 West Saddle River Road, questioned how credentials of the professionals is verified. Mr. Skapinetz explained his credentials and education.

 

Mr. Skapinetz’ credentials as an engineer were accepted.

 

Mr. Skapinetz testified regarding the site plan he prepared revised to March 29, 2023, and marked as Exhibit A-16. Mr. Skapinetz explained the revisions which included a spread between the two panels to put the sign at a sharper angle to Route 17, and shifts the view of the sign away from 545 Route 17 South.

 

Mr. Skapinetz showed exhibits A-17 and A-18 and explained Narrow View technology, which would eliminate the view of the sign from the building next door. Exhibits A-19a and A-19b showed the view from the classroom and from the window at 545 Route 17 South. Mr. Skapinetz explained how the photos were taken.

 

Mr. Whitaker asked how the sign would be modified down the road and how the Village would be notified if the technology changed. Mr. D’Arminio said they would need electrical permits to make changes.

 

Mr. Standriff asked if there were any other Bergen County locations that the Narrow View technology is used. Mr. Skapinetz stated that it is not new technology.

 

Board members asked if they would be updating the aerial view photo, which was from 2018. Mr. D’Arminio said the Planner would come back with an updated photo. Board members asked if this technology would change the foot candles. Mr. Skapinetz said it would not.

 

Board members asked about the precise location of the sign, if there was a height variance needed and if the location information would be provided to the town so they could inspect that it is in the proper location. Mr. Whitaker said that a height variance is needed as they are proposing a height of 40 feet where 30 feet is permitted.

 

Public questions:

 

Denise Lima, 319 E. Glen Avenue, asked if this was the first time this company was using this technology. Mr. D’Arminio said he would find out the answer to that question for the next meeting, but it is the first time it is being used in Bergen County.

 

Matthew Rossi, 515 W. Saddle River Road, asked if everything that Mr. Duarte testified to should be disregarded. Mr. Rossi asked about the visibility of the revised sign form the east side of Route 17 and if there would be images provided to show how the residential areas will be affected. Mr. D’Arminio said the Planner will address these questions.

 

Mr. Whitaker said that the Board renders a decision based on all of the testimony.

 

Mr. Piersa asked if the view time of the motorist is affected by the 25 degree angles. Mr. Skapinetz said that there would not be any change to the passing motorist.

 

Robert Bates, 62 Walthery Avenue, asked about angles and visibility and if there was a hard line of where the visibility ends. Mr. Skapinetz said there would be hard line. Mr. Bates asked if there could be testimony regarding that as they have not used the technology. Mr. D’Arminio said they would show that at a future meeting.

 

Frettra DeSilva, 521 W. Saddle River Road, acknowledged that the image of the sign would not be seen at a certain point, but asked if a light could be seen. Mr. Skapinetz said there may be a glow. Ms. DeSilva asked about the impact on the residential neighbors. Mr. Skapinetz said that the changes were made specifically for the building next door.

 

Mr. Whitaker suggested to Mr. D’Arminio that an exhibit be provided to show the impact on these neighborhoods.

 

Dave Ward, 552 Route 17 North, asked if the shaded area shows where the sign will not be visible. Mr. Ward asked if that meant that his location across the highway would be affected. Mr. Skapinetz said they would address that at a later meeting.

 

Rohan DeSilva, 521 W. Saddle River Road, asked more questions regarding the credentials of the engineer and the applicant’s attorney. Mr. Whitaker explained that these questions are not relevant and that this was the time to ask questions regarding his testimony. 

 

Walter Rothaug, 558 Hillcrest Road, asked for clarification to the changes of the sign location and if this enhances the view of the sign from Route 17. Mr. Skapinetz explained that the angle of the sign eliminated the view from 545 Route 17, but was always focused on Route 17. Mr. Rothaug asked if this was a substantial change to the application and if all prior testimony should be disregarded. Mr. Whitaker explained that the application can make modifications during the course of the application.

 

Diane Haderthauer, 470 Albin Court, asked if an aerial view showing the impact of the sign during the winter when the foliage is not there could be provided. Mr. D’Arminio said that is something that would be provided by another witness at another meeting.

 

The application was carried to June 27, 2023 without further notice.

 

The meeting was adjourned at 10:02 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           April 25, 2023