20231114 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 14, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:45 p.m.

 

Present:  Greg Brown, Matthew Bandelt, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Jason Curreri (arrived 9:11 p.m.), Jamie Fox and Harold Maxwell were present. Also present were Bruce Whitaker, Board Attorney; John Barree, Village Planner; Christopher Rutishauser, Village Engineer; and Jane Wondergem, Board Secretary.

 

Absent:  Michael Pickholz

 

Non-agenda items:

 

Board member comments: Mr. Brown recognized Mr. Whitaker who was recently honored for 50 years of service.

 

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

 

Discussion: Rosenholz, 450 Summit Street – Mr. Rosenholz, homeowner, was present to explain the need to amend the approved plans. Roger Schlicht, architect, was present to describe the proposed changes which did not exacerbate the variance relief.

 

Following discussion, the Board members determined that Mr. Rosenholz would not need to come back to the Board. The amended plans dated 10/30/23 were approved. Mr. Rosenholz was told that the time to obtain permits was not extended.

 

Public Hearings:

 

Mr. Brown announced that the Leonard-Hallowell, 65 Park Slope, application was carried to December 12, 2023 without further notice.

 

STOCKPORT BERGEN, LLC – An application for preliminary and final major site plan approval and variance approval to the extent required, to restore property to its condition as a nursery/garden center at 560 Route 17, Block 4704, Lot 6.01, in an R-125 Zone.

 

Jason Tuvel, Esq., entered his appearance on behalf of the applicant and made opening remarks regarding the 1999 and 2019 hearings. Mr. Tuvel addressed the prior resolutions which detailed the use, hours of operation and lighting. Mr. Tuvel stated that the applicant was in front of the Board at this time to address condition #7 of the 2021 resolution which said the applicant must show that the property was restored to what was previously approved and receive site plan approval.

 

Mr. Whitaker clarified that this was not an application for variance relief but to show that the property had been restored. Mr. Whitaker stated that the use had previously been issued a certificate of non-conformity in regards to use and that issue would not be discussed. Mr. Whitaker explained that the Zoning Board is not an enforcement agency and they will not discuss issues of what may or may not have gone on at the site. The applicant must show the Board that the property had been restored to what it was in 1999, and that the Board can consider the modification of the plan.

 

William Boyce was sworn as a landscape architect. There were no questions from the Board regarding his credentials. Rohan De Silva, 521 West Saddle River Road, asked about Mr. Boyce’s credentials. Mr. Boyce’s credentials as a landscape architect were accepted.                                                                                                                                                                                                                                                           

 

Mr. Boyce testified regarding the site plans submitted, including the 1999 site plan, the existing conditions and the proposed site plan. Mr. Boyce testified that the applicant had restored the property to the conditions of the 1999 site plan. Mr. Boyce testified that the applicant would be willing to relocate nursery stock away from the easterly property line, supplement the existing landscape buffer and that all lighting would face downward and will conform to Village code.

 

John Barree, Village Planner, was sworn. Mr. Barree asked who owned the split rail fence. Mr. Boyce said that it is State property. Mr. Barree asked about the signs shown on the site plan. Mr. Boyce said the signs are shown on the 1999 site plan and will be conforming signs.

 

Christopher Rutishauser, Village Engineer, was sworn. Mr. Rutishauser asked if the parking area and the areas where equipment will be stored will remain as gravel. Mr. Boyce said it will.

 

Board members asked about the concrete bins, which were not in the 1999 site plan. Mr. Tuvel said they are not permanent structures; they are removable and are used to organize product. Board members asked how they determined where the gravel areas were from 1999. Mr. Boyce said they based it on aerial views from the past. Board members asked if the concrete blocks would remain and if they would always remail open. The applicant said they would. Board members asked about the proposed screening and the applicant will submit a landscape plan for review and approval from the Village professionals. Board members asked how they would control dust when it is dry. The applicant stated that they would use overhead water and that that the owners are licensed in irrigation.

 

Public questions:

 

Rohan De Silva, 521 West Saddle River Road, asked what would be in the area on the eastern boundary. Mr. Tuvel said they would move nursery stock, place limited equipment there, and screen. Mr. De Silva asked about the sign and if it would be visible from Route 17.

 

Saurabh Dani, 390 Bedford Road, asked about the time line regarding the planting of additional plans. Mr. Whitaker said if the Board approves a revised site plan will need to be submitted and reviewed by the Board and the Board professionals to see if it is in compliance with the resolution.

 

Mark Milian, 530 West Saddle River Road, asked about contamination of the soil. Mr. Tuvel stated that the property owners had Phase I and Phase II reports and no further action was needed, so there is no contamination.

 

Jacqueline Hone, 30 Carriage Lane, asked about proposed lighting. Mr. Tuvel said they would be downward facing and any security lighting would need to be approved by the Ridgewood Police Department. Mr. Tuvel reiterated that all lighting will be in compliance. Ms. Hone asked about the location of the nursery stock and was shown on the plans where it would be located. Ms. Hone asked about the dimension of the boulder wall. Mr. Boyce went over the dimensions of the wall, location of equipment and nursery stock and trees. Ms. Hone asked if the front entrance would be closed to secure property and about the signs. Ms. Hone said the proposed parking area is different than on the 1999 site plan. Mr. Tuvel said the proposed parking area is less than what existed in 1999 as they would rather have more stock than parking area. Ms. Hone asked about the dying trees and if they would be replaced. Mr. Boyce stated that the applicant will replace and add trees. Ms. Hone urged the applicant to provide the Phase I and Phase II reports.

 

Patricia Infantino, 6 Betty Court, asked about the shed. Mr. Tuvel explained that the approved 1999 site plan was never built and has since expired and they were restoring the site back to the 1999 existing plan and that the 2023 existing plan does not propose any new buildings. Ms. Infantino asked if the signs would be electronic. Mr. Tuvel said they would not be scrolling signs and would be in conformance.

 

Frettra De Silva, 521 West Saddle River Road, asked for clarification on the location of the pine trees, drainage, irrigation and the size of the signs.

 

Steve Kim, 291 Highland Avenue, read from the resolution regarding the site plan being required. Mr. Tuvel explained that the prior owner expanded use in some areas. Mr. Kim asked about enforcement, which Mr. Whitaker said is not before this Board.

 

Madeline Canzani, 506 Sterling Place, asked about the bins, stating that they were not there in 1999. Mr. Tuvel said they are movable structures for storing nursery stock, not permanent structures. Ms. Canzani also asked about the planting and buffer, which Mr. Tuvel said would be added.

 

Saurabh Dani, 390 Bedford Road, asked about additional structures on site. Mr. Tuvel said they are small sheds for storing tools and that in 1999 there was a larger shed along the southern property line.

 

Jacqueline Hone, 30 Carriage Lane, asked if bins are considered structures. Mr. Barree read the definition of structure.

 

Ms. Hone submitted a Notice of Sale regarding the property, marked as Exhibit O-1. Mr. Tuvel said the document was an agreement of sale of the property and the actual deed did not occur until after the Certificate of Non-conformity.

 

Mr. Curreri left the meeting as he would not be eligible to vote on the Stockport Bergen, LLC, application.

 

Anthony John Dimiglio, Principal of Stockport Bergen, LLC, was sworn. Mr. Dimiglio stated he had been in the nursery garden center business for 45 years. Mr. Dimiglio testified that their business would be the only one on site and described hours and activity. Mr. Dimiglio stated that lights would be off 1 hour after closing and lighting will comply with Village ordinance. Mr. Dimiglio described the equipment that would be on site and said there is electric to the existing structure.

 

Mr. Whitaker asked Mr. Dimiglio if he was a licensed contractor and if he had the necessary certifications. Mr. Whitaker asked what would be stored in the bin area.

 

Mr. Rutishauser asked what water source would be used for irrigation. Mr. Dimiglio said both well water and Village water would be used and he is aware of summer water restrictions.

 

Mr. Barree asked if there was any intention of enclosing the bins. Mr. Dimiglio said they would not be enclosed, and though they could be relocated, the existing location is the most advantageous.

 

Board   members asked if the sheds on the 2023 survey would remain. Mr. Dimiglio said the shed on the 1999 survey is larger and the ones on site now will remain.

 

Public questions:

 

Mark Milian, 530 West Saddle River Road, asked about environmental concerns and if the applicant would be willing to share the Phase I and Phase II reports. Mr. Tuvel said those are proprietary documents. Mr. Milian asked about the plans for the buffer. Mr. Dimiglio said that evergreens would be planted for screening and that a landscape plan will be submitted for review by the Village professionals. Mr. Milian asked about noise and Mr. Dimiglio said they would comply with the Village noise ordinance and hours of operation restrictions.

 

Rohan De Silva, 521 West Saddle River Road, asked how many other businesses Mr. Demiglio operates. Mr. De Silva asked about the irrigation system that may be used.

 

Frettra De Silva, 521 West Saddle River Road, asked if fertilizer had been stored in 1999. Mr. Dimiglio said that fertilizer will be stored and covered according to regulation. Ms. De Silva asked if the entrance would be closed.

 

 

Saurabh Dani, 390 Bedford Road, asked what the relationship between the prior owner and the current applicant. Mr. Tuvel said the applicant had visited the site but was not affiliated with the prior business.

 

Jacqueline Hone, 30 Carriage Lane, asked about the change of landscape on the property around 1980 and about the clear cutting of 250 trees. Ms. Hone asked if the restoration would include replacing those trees. Ms. Hone asked about the size of the vehicles that would be on the property. Mr. Whitaker said that was not relevant as it does not pertain to the restoration. Ms. Hone asked about the materials being stored in the bins and about the boulder wall.

 

Public comment:

 

Jacqueline Hone, 30 Carriage Lane, referred to emails that were sent to the Board members showing activity and conditions on the site. Ms. Hone stated that she would like to see the 250 trees replaced. Ms. Hone referred to photos which could not be located in the emails.

 

Following Board discussion, Mr. Tuvel asked that the Board take action. Ms. Hone could send her exhibits to the Board to be considered since the applicant needs to submit a landscape plan to be reviewed by the Board professionals.

 

Ms. Hone said that Mr. Rutishauser recused himself from this application. Mr. Rutishauser said he was not recused. Following discussion, it was decided that Mr. Barree would review the revised site plan.

 

The hearing was closed.

 

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

 

The meeting was adjourned at 11:59 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           January 23, 2024