20230912 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

September 12, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:36 p.m.

 

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

 

Absent:  Gary Negrycz and Michael Pickholz

 

Minutes:          The minutes from August 22, 2023 were adopted.

 

Non-agenda items:

 

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

 

Members of the public comments –

 

Jacqueline Hone, 30 Carriage Lane, commented on property violations occurring on a property on Route 17. Mr. Whitaker stated that the Board cannot comment regarding that property as there is a pending application.

 

Public hearings

 

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 June 27, 2023 without further notice).

 

Louis D’Arminio, Esq., was present on behalf of the applicant and briefly went over the previous witnesses. Mr. D’Arminio stated that the applicant would work with the Village to provide additional landscaping, particularly by the Schedler property.

 

Douglas Standriff, Esq., Counsel for the Objector, A K Realty, LLC, was present.

 

John McDonough, Professional Planner, was previously sworn and continued his testimony. Mr. McDonough identified the variances being requested, stating that the use variances are due to the dual use and the existing use being non-conforming.

 

Mr. McDonough explained that when there is a use variance an applicant must satisfy the positive criteria, stating they must demonstrate that the proposed use promotes general welfare, which it does by providing advertising space for places, products and services, events, news and public service announcements and demonstrates free speech.  

 

Mr. McDonough referred to Exhibit A-25 and described how the various properties located near the proposed site already had a buffer in the form of trees and bushes. The Schedler property recently planted some trees and the applicant is proposing to work with the Village to plant additional trees.

 

Mr. McDonough stated that the site is suitable for the dual use as either use impedes or interferes with the other and there is no land use conflict as the sign is an inert use.

 

Mr. Standriff objected to Mr. McDonough’s comment regarding the evidence and said the Board needs to make the determination.

 

Mr. McDonough distributed a series of photos, which were marked as Exhibit A-26. The photos corelate with the numbered properties on Exhibit A-25 and were taken by a drone showing views to and from the subject site. Mr. McDonough explained all the photos.

 

Mr. McDonough showed a list of Outdoor Advertising Permits from the NJDOT for Ridgewood, which was marked as Exhibit A-27.

 

Mr. McDonough stated that the master plan refers to this stretch of Route 17 and what is proposed is not an out of scale visual intrusion and that it is a highway commercial use surrounded by highway commercial uses.

 

Mr. McDonough referred to Ms. Bucci-Carter’s planning report which mentioned surrounding historic properties and explained how the sign would have minimal impact on those properties.

 

Mr. McDonough stated that the benefit outweighs the detriment and referred to existing zoning as shown on page 20 of the master plan, which was marked as Exhibit A-28.

 

Mr. McDonough stated that the Route 17 is a land use and is a constant use and is the dominant land use, the subject site is in the OB-2 zone and across the highway is an AH-3 zone, which would allow a building height of 45 feet and a 50-foot setback with a buffer.

 

Mr. Standriff asked Mr. McDonough if he visited the subject site during business hours and if it was an active land use. Mr. McDonough said it was an active business. Mr. Standriff clarified the height of the proposed sign and asked if it would be a significant object on the parcel as compared to the existing building on the property. Mr. Standriff gave a copy of the OB-2 regulations, marked as Exhibit O-1, which gave the setbacks permitted in the zone. Mr. McDonough said the sign would not stand out due to the other physical features in the landscape, such as trees and telephone poles. Mr. Standriff asked why there were no photos taken from within the cemetery. Mr. McDonough said that the cemetery is in the blackout zone shown on prior exhibit. Mr. Standriff asked about the visibility of the structure itself. Mr. Standriff asked if the benefits of the sign could be done in a smaller scale.

 

Public questions:

 

Susan Ruane, 705 Kingsbridge Road, asked for clarification regarding the height of the sign and what messages would be shown on the sign.

 

Cynthia O’Keefe, 542 West Saddle River Road, said that 548 Route 17 is not an abandoned property and asked how that property would be impacted by the sign. Ms. O’Keefe asked if they took the neighbors into consideration and the people who walk along the path at the Park and Ride. Mr. D’Arminio said the traffic expert still needs to testify.

 

Madeline Canzani, 506 Sterling Place, asked about any control regarding the public service announcements and ads once the sign is up.

 

Jacqueline Hone, 30 Carriage Lane, asked if any photos were taken after dark or after the leaves fall. Mr. McDonough said that at night there is already ambient light. Ms. Hone asked about the proposed landscaping Mr. D’Armino referred to. Mr. Whitaker said that the Board could consider a stipulation regarding the proposed landscaping to be approved by the Village Engineer. Ms. Hone asked the landscaping could be extended further on Route 17. Mr. McDonough said they could not plant where it would block access for the business.

 

Patricia Infantino, 6 Darby Court, asked if there was any study on the impact of the billboard on drivers and how it may distract them. Mr. D’Arminio said that the traffic expert had already testified regarding that. Ms. Infantino said that 1/3 of trees on the berm have died due to lack of irrigation and that should be taken into consideration.

 

Frank Mortimer, 426 Van Buren Street, asked about the negative impact on the town and why they would offer to spend money on mitigation and buffers if there was no negative impact. Mr. D’Arminio said the applicant is trying to address the concerns of the neighbors. Mr. Mortimer asked about the impact on the historic sites.

 

Linda Tarzian, 576 Highland Avenue, asked about the applicant’s budget for the landscaping and how long it would take for trees to grow 20-40 feet. Mr. Brown said that questions could be asked after a plan is submitted.

 

Rohan De Silva, 521 West Saddle River Road, asked for more information about the drone operator.

 

Kristina Millian, 530 West Saddle River Road, asked that the historic nature of the Zabriskie-Schedler house be respected. Ms. Millian asked about the berm and if they were aware that there may be wet lands and some contamination issues. Ms. Millian asked if Mr. McDonough was an arborist, he said he is a landscape architect. Ms. Millian asked about content of the advertising.

 

Denise Lima, 219 East Glen Avenue, asked about the proposed landscaping.

 

Walther Rothaug, 558 Hillcrest Road, asked about the effect of the sign on birds. Mr. McDonough said there have not been any studies done regarding that. Mr. Rothaug commented on Mr. McDonough’s lack of historical knowledge.

 

Matthew Rossi, 28-30 Chestnut Street, asked if Mr. McDonough saw invasive trees in the photo of 548 Route 17. Mr. Rossi asked if the sign could be smaller. Mr. McDonough said the proposed sign is on the smaller side of the spectrum.

 

Kathryn Schmidt, 123 South Irving Street, asked why the other signs in Ridgewood, such as the Hillman and Gilsenan signs, were mentioned. Mr. McDonough said they are the only other billboards signs in the town. Ms. Schmidt said they are signs painted on the building. Mr. McDonough said they are very different signs.

 

Frettra De Silva, 521 West Saddle River Road, asked about the content of the sign and how it is a positive and asked if it could include information about cannabis distribution. Mr. McDonough said it could. Ms. DeSilva asked about the berm on Route 17 and asked if Mr. McDonough was aware of the requirements for SHPO approvals. Mr. McDonough said that outside agency reviews will need to be done. Ms. De Silva asked about the impact of different types of structures and how the height and the light needs to be considered. Ms. De Silva asked about the impact of the billboard if the property across the highway was developed with affordable housing.

 

Arlene Berlamino, 76 Fardale Avenue, Mahwah, had questions related to the Old Paramus Church and the cemetery and asked why the photos were taken so far from the cemetery and parking lot. Ms. Berlamino asked what the back of the billboard would look like.

 

Darlene Haderthauer, 470 Albin Court, asked for pictures taken between November and April when the leaves are off the trees and pictures of the rear of the structure.

 

The hearing was carried to November 28, 2023 without further notice.

 

Discussion:   Planning Board referral of amendments to various sections of Chapter 190 of the Village of Ridgewood, Land Use and Development and a section of Chapter 145, Enumeration of Fees. This discussion was tabled until the next meeting.

 

The meeting was adjourned at 11:58 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           October 10, 2023