20230627 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

June 27, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:08 p.m.

 

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

 

Absent:  Gary Negrycz and Jamie Fox were 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.

 

Minutes: The minutes from May 23, 2023 and June 13, 2023 were adopted.

 

Public hearings:

 

Mr. Brown announced the following:

-        The Chan, 664 Wyndemere Avenue, application had been withdrawn.

-        The Kaptain, 645 Hillcrest Avenue, application was carried to August 8, 2023 without further notice.

 

Old Business:

 

FATMIR FANDA – An application to permit the construction of a two story addition which would result in a building height of 31.29  feet, where 30 feet is permitted; distance of 11.2 feet, to the existing garage, where 12 feet is required; coverage by improvements of 48.8%, where 45% is permitted; and for the construction of a second story addition which would maintain a side yard of 5.8 feet, where 10 feet is required; aggregate side yards of 15.9 feet, where 18 feet is required; coverage by above grade structures of 26.1%, where 25% is permitted; and gross building area of 43.8%, where 40% is permitted at 116 Woodside Avenue, Block 3708, Lot 7, in an R-3 Zone. (Continued from May 9, 2023 without further notice)

 

Mr. Fanda, homeowner, was present and was previously sworn.

 

Jonathan Babula, architect, was previously sworn and testified regarding the revisions made in consideration of the Board’s comments at the previous meeting. Mr. Babula stated that the area in the attic was reduced to a half story and explained how the building height was determined. It was determined that an error was made regarding the gross building area of the attic, which reduced the percentage to 40.4%/2,307 square feet.

 

Board members asked if there was a variance needed for parking. Mr. Barree said that 3 parking spaces are needed, and Mr. Fanda confirmed that 3 parking spaces are available. Board members asked about the basement access, which Mr. Fanda said was by a bilco door only.

 

Board members asked for a breakdown of the gross building area. Board members asked if Mr. Fanda would consider removing the parking space in the front of the house and making the driveway width conforming, at a width of 12 feet with Belgian block, to reduce the impervious coverage and if he would stipulate that the bilco door would remain as the only access to the basement. Mr. Fanda agreed.

 

There were no questions or comments from the public.

 

Mr. Babula clarified the conditions and corrections to be made.

 

Following Board deliberation, Mr. Bandelt made a motion to approve the application with the conditions discussed, Mr. Maxwell seconded, and the application was approved.

 

New Business:

 

MICHAEL & VICTORIA EDWARDS – An application to permit the construction of a one-story addition and new patio which would result in a front yard setback on Claremont Road of 30.8 feet, where 40 feet is the minimum required for the Property located at 333 Orchard Place, Ridgewood, New Jersey and shown on the Tax Map of the Village of Ridgewood as Block 2601, Lot 6. The Property is in the R-1 Zone.

 

Michael and Victoria Edwards, homeowners, were sworn. Mr. Edwards described the existing conditions on the property and testified regarding the proposed addition. Mr. Edwards explained that the addition is modest and will not exacerbate the existing non-conforming setback. Mr. Edwards testified that no coverage variances are being requested.

 

Board members asked for clarification of the variances and asked about the hardship. Mr. Edwards went over the zoning table and the hardship is due to the location of the lawfully existing structure on the lot.

 

Mr. Barree asked about the bilco door. Mr. Edwards said the door was being relocated as they would be expanding the basement, but it would remain a bilco door.

 

Mr. Whitaker clarified that the rear yard setback did not require a variance although the zoning table said it did. The zoning table will be corrected.

 

There were no questions or comments from the public.

 

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

 

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 April 11, 2023 without further notice)

 

Mr. Pickholz recused himself from this hearing and left the meeting at 8:09 p.m.

 

Lou D’Arminio, Esq., was present on behalf of the applicant. Mr. D’Arminio went over the previous testimony and stated that the concerns brought up by residents would be addressed at this meeting.

 

Doug Standriff, Esq., was present on behalf of the objector, AK Realty LLC.

 

Brett Skapinetz, Engineer, was previously sworn. Mr. Skapinetz distributed an exhibit, marked as Exhibit A-20, which showed the visibility of the narrow view technology. Mr. Skapinetz stated that the angle was reduced by 25°, to 45°. Mr. Skapinetz showed a video, form Oak Park, Michigan, marked as Exhibit A-21, which demonstrated the narrow view technology. A PowerPoint of the same was marked as Exhibit A-22. Mr. Skapinetz showed an aerial view of the area around the proposed site for the sign, marked as Exhibit A-23, which showed the visibility of the sign from the specific locations of the residents who expressed concern. Mr. Skapinetz stated that even the locations which would be in the line of vision have trees that would obstruct the view.

 

Mr. Standriff asked about the louvers and how they worked, Mr. Skapinetz explained that it is due to the length of the louver. Mr. Standriff asked about the benefit of being in the dark area of Exhibit A-23, as they would see an elevated, unlit black structure.

 

Public questions:

 

Dave Ward, 552 Route 17 North, said his property was in the red zone and that it would eventually be developed and asked how it would be affected by the light of the sign. Mr. Skapinetz said that a miniscule amount of light would be visible.

 

Jane Shinozuka, 825 Norgate Drive, asked for clarification of the dark area on Exhibit A-23 and what would be seen at night. Mr. Skapinetz explained that no light would be seen in the dark area. Ms. Shinozuka asked on what basis a variance would be granted. Mr. Whitaker said that would be the testimony of a different witness.

 

Susan Ruane, 705 Kingsbridge Lane, asked if a 3D rendering could be done. Mr. Skapinetz said they had the video, Exhibit A-21. Ms. Ruane asked how the night sky would be affected. Mr. Skapinetz said it wouldn’t be affected.

 

Madeline Kenzani, 506 Sterling Place, asked about the impact on traffic and drivers. Mr. Whitaker said that was covered in prior testimony and the transcripts are available. Ms. Kenzani asked about the impact on wildlife. Mr. Skapinetz said no study has been done on that.

 

Charles Handy, 695 Kingsbridge Lane, said that Kingsbridge Lane would be fully exposed and he would like to know if even 1 residence would be affected by the bill board. Mr. Skapinetz said that no residence would be affected by the light as the illumination would not go beyond the yellow ‘cone’.

 

Jamesine Burke Clark, 24 N. Hillside Place, asked if the billboard on Route 287 is similar to this one. Mr. Skapinetz said he wasn’t sure which billboard he meant and he doesn’t know what technology was used for that one. Ms. Clark asked about the impact on the cemetery. Mr. Skapinetz said the cemetery is within the visibility cone. Ms. Clark asked about the height of the sign.

 

Matthew Rossi, 28 Chestnut Street, asked why this technology wasn’t proposed at the beginning of the hearing. Mr. Whitaker said the purpose of a public hearing is to give the applicant the opportunity to hear the concerns and revise the plans if needed.

 

Joe Boylan, 360 Walthery Avenue, asked Mr. Skapinetz if he had ever testified on this technology before. Mr. Skapinetz said he has. Mr. Boylan asked if the lights give off electromagnetic radiation and if the information being testified to is based on data from the manufacturer.

 

Paul Markosian, 360 Gilbert Street, asked if there was anything comparable nearby. Mr. Markosian was asked to look at the transcripts for that testimony.

 

Rohan De Silva, 521 West Saddle River Road, asked about which trees block the view. Mr. De Silva asked how the Michigan video could compare to this sign and asked about the height difference and the drone operator. Mr. De Silva said that many of the objectors were not listed on Exhibit A-23.

 

Cynthia O’Keefe, 542 West Saddle River Road, asked why her neighbor was not on the list of Exhibit A-23. Mr. D’Arminio said the residents who had spoke at the previous meeting were listed.

 

Frettra De Silva, 521 West Saddle River Road, asked how the visibility was affected by the trees and what criteria was used by the Board to render a decision. Mr. Whitaker explained the process.

 

Jaqueline Hone, 30 Carriage Lane, asked about the gray shaded area on Exhibit A-23. Ms. Hone asked if the applicant was aware of the historic elements in the area around the sign. Ms. Hone was told that would be addressed by another witness.

 

Diane Hadethauer, 470 Albin Court, asked if the angle of the sign changed by day or night and when it is brighter. Mr. Skapinetz said it is brighter during the day and it is adjusted automatically by a sensor.

 

John McDonough was sworn and his credentials as a Professional Planner were accepted. Mr. McDonough testified regarding the standard planning analysis done for this application. He testified regarding the existing conditions, proposed conditions, the zoning established for the site, and the positive and negative criteria that would apply in the Municipal Land Use Law.

 

Mr. McDonough distributed a google street map, marked as Exhibit A-24, showing Ridgewood and surrounding area and the location of the sign and its approximation to the highway.

 

A key map and photo packet, marked as Exhibit A-25, was distributed which showed the subject property.

 

Mr. McDonough testified as to the uses that could be in the OB-2 Zone.

 

Mr. McDonough identified the variances being sought.

 

The hearing was carried to September 12, 2023 without further notice.

 

The meeting was adjourned at 10:45 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:            July 25, 2023