20231128 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

November 28, 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, Gary Negrycz, Diana Ruhl, Jonathan Papietro, Jason Curreri and Harold Maxwell were present. Also present were Bruce Whitaker, Board Attorney; Christopher Piersa, Village Engineer; John Barree, Village Planner, and Jane Wondergem, Board Secretary.

 

Absent:  Michael Pickholz and Jamie Fox

 

Minutes:          The minutes from October 24, 2023 were adopted.

 

Non-agenda items:

 

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

 

Members of the public comments –

 

Boyd Loving, 342 S. Irving Street, asked why a police officer was in the courtroom and said he was disappointed that the Board found it necessary to have an officer present.

 

Resolution Memorialization: The following resolutions were memorialized:

-        Rosenholz, 450 Summit Street

-        Stockport Bergen LLC, 560 Route 17

 

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 September 12, 2023, 2023 without further notice)

 

Louis D’Arminio, Esq., was present on behalf of the applicant.

 

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

 

Mr. D’Arminio said the last meeting left off at Board questions for the applicant’s Planner, John McDonough. Mr. McDonough was present and was previously sworn.

 

Board members asked about a statement that Mr. McDonough made that the applicant has a right to be there and asked him to explain. Mr. McDonough said he was speaking to the constitutionality of the land use as a form of free speech.

 

Board members asked about the necessity of the proposed height at 33% higher than what is permitted and if the site is suitable for this purpose. Board members asked if the height could be reduced. Board members referred to Exhibit A-27, the DOT outdoor advertising permits issued in the Village, and asked if they were comparable to what was being proposed by this application. Mr. McDonough said they were not. In regards to the size of the sign, Mr. McDonough said the proposed sign has been scaled back from the typical sign.

 

Board members asked how this location was chosen. Mr. McDonough explained the process. Board members asked if Mr. McDonough had ever testified regarding a sign abutting a residential neighborhood. Mr. McDonough did not recall.

 

Board members asked about nighttime photos, Mr. McDonough said photos are not taken at night.

 

Mr. Whitaker asked if Mr. McDonough was involved in the process while choosing the location, Mr. McDonough said he gets involved after the location is chosen and does not explore other sites; his testimony is for this location. Mr. Whitaker asked if it was shown that visibility would be the same at 30 feet, would Mr. McDonough recommend the lower height? Mr. McDonough said he would.

 

Mr. Barree asked Mr. McDonough to elaborate on how this application advances Purpose I of the MLUL, to promote a desirable visual environment. Mr. McDonough said the proposed sign is to be located in a highway commercial area and the sign is progressive and promotes new growth. Mr. Barree asked if the site will be more attractive with the sign than without it. Mr. McDonough said the sign integrates well into the environment and is surrounded by vegetation.

 

Mr. D’Arminio recalled Brett Skapinetz, Engineer, who was previously sworn.

 

Mr. Skapinetz testified in regards to supplementing the planting at the northside of the highway, along the Schedler property. Mr. Skapinetz showed photos taken from the Schedler property with sign simulation with the existing berm and with landscaping, marked as Exhibits A-29a and A-29b. Mr. Skapinetz described the proposed landscaping and showed a landscaping rendering, marked as exhibit A-30.

 

Mr. Standriff asked if the rendering of the sign is a correct representation compared to the Exxon and Kumon signs.

 

Pubic questions:

 

Susan Ruane, 705 Kingsbridge Lane, questioned the height of the signs in the rendering, as the Billboard will be taller than the surrounding signs. Ms. Ruane asked about the maintenance of the trees.

 

Cynthia O’Keefe, 542 West Saddle River Road, asked who wanted the trees planted at the Schedler property. Mr. D’Arminio said it is something the applicant is offering to do. Ms. O’Keefe asked who did the survey on the property and who gave permission for the applicant to go on the Schedler property to take photos.

 

Dave Ward, 552 Route 17 North, asked how the applicant is qualified to plant trees and exactly what kind of trees would be planted. Mr. Whitaker said the Zoning Board does not have jurisdiction regarding this landscape plan and that the Village Council would need to review what is proposed.

 

Christopher Piersa, Village Engineer, stated that anything done on the Schedler property would need approval from SHPO as well.

 

Jacqueline Hone, 30 Carriage Lane, asked why the discussion with the Council has not happened yet. Mr. D’Arminio said that they reached out to the Village, but they are still working on the plans for the Schedler property. Ms. Hone asked for the dated of the survey and why it was done. Mr. Skapinetz said they wanted to see what was on the other side of the highway. Ms. Hone asked if the berm would or if it could extend past the Schedler property. Mr. D’Arminio said it could be taken into consideration on a case-by-case basis.

 

Nick Aynilian, 477 Colonial Road, asked how the rendering could be correct. Mr. Skapinetz explained the process.

 

Frank Mortimer, 426 Van Buren Street, asked about the cost of the trees, which Mr. Whitaker said was irrelevant.

 

Hyun-Ju Kwak, 291 Highland Avenue, asked about irrigation for the trees and how long they would take to grow.

 

Madeline Canzani, 506 Sterling Place, asked if comments regarding Mr. McDonough’s testimony could be made at this time. Mr. Brwon said not until the appropriate time at the end of the hearing.

 

Linda Tarzian, 576 Highland Avenue, asked why this proposal regarding the trees was being made.

 

Matthew Rossi, 28 Chestnut Street, asked at what height the photo was taken from. Mr. McDonough said he took the original photo and he is 5’6”.

Frettra De Silva, 521 West Saddle River Road, asked about the purpose of the photo and berm and height, asking why the photo was not taken from the height of the windows of the house on the Schedler property as it is affecting a historic home.

 

Rohan DeSilva, 521 West Saddle River Road, asked about Mr. Skapinetz’ qualifications as he said he did not know the answers to some of the questions.

 

Arlene Berlamino, 76 Fardale Avenue, Mahwah, asked if one side of the highway was higher than the other in regards to the view of the sign from the Schedler property. Mr. Skapinetz explained that it is due to the perspective, as the photos taken are 700 feet away from the sign.

 

Board questions for Mr. Skapinetz – Board members asked Mr. Skapinetz to look again at the accuracy of the photo and to compare it to previous exhibits taken from a similar distance.

 

Mr. Standriff said he has two fact witnesses to call.

 

Linda Marticek, 548 Route 17 North, was sworn and testified that she resided in the home for 77 years.

 

Board members asked Ms. Marticek to identify her property on the map. Board members asked Ms. Marticek to describe the conditions when she moved to the property, and stated that when she moved to the house, Route 17 was two lanes. Ms. Marticek said she never received a notice about the application.

 

Al Kurpis, 30 Wermus Brood Drive, Saddle River, was sworn.  Dr. Kurpis testified that he has his dental practice at 545 Route 17 South. Dr. Kurpis described his sign and said that the billboard would affect his business by distracting drivers from seeing his sign. Dr. Kurpis showed photos he had taken of his sign and the entrance and exit from the property which showed the unsuitability of the billboard at this location as it would distract drivers. A second photo showed damage to the driveway divide. The photos were marked as Exhibits AK-9 and AK-10.

 

Public questions:

 

Susan Ruane, 705 Kingsbridge Lane, asked how often Dr. Kurpis saw accidents on Route 17. Dr. Kurpis stated that he saw accidents.

 

Kathryn Schmidt, 123 South Irving Street, asked if Dr. Kurpis would advertise on the sign. He said he would not.

 

Rohan DeSilva, 521 West Saddle River Road, asked Dr. Kurpis why he wouldn’t advertise on the sign.

 

Diana Haderthauer, 470 Albin Court, asked for photos from behind the sign.

 

Rohan DeSilva, 521 West Saddle River Road, asked about meeting procedure.

 

Frettra DeSilva, 521 West Saddle River Road, asked who else was in his building.

 

Cynthia O’Keefe, 545 West Saddle River Road, asked Dr. Kurpis if he would be able to see the sign when he walks out of his door. Mr. Kurpis said he would.

 

Jacqueline Hone, 30 Carriage Lane, asked Dr. Kurpis how many tenants were in building and if the sign would be a distraction. Ms. Hone asked Dr. Kurpis how long he had been there, Dr. Kurpis said 20 years.

 

There were no questions from the Board members.

 

Mr. Barree asked if the driveway issues exist today and if Dr. Kurpis spoke with the property owner. Dr. Kurpis said he had several times.

 

Mr. Standriff said he has two more witnesses. Mr. Brown explained that the public would have an opportunity to speak after Mr. Standriff’s witnesses are finished testifying and all questions asked.

 

The hearing was carried to February 27, 2024 without further notice.

 

The meeting was adjourned at 11:15 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           January 23, 2024