VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

August 30, 2022

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, Isaac Lebow, Jonathan Papietro, Michael Pickholz and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney; John Barree, Village Planner; Christopher Rutishauser, Village Engineer and Jane Wondergem, Board Secretary.

Absent:  Isaac Lebow and Jason Curreri

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.

Public hearings

The Warren, 408 S. Pleasant Avenue, application was carried to October 11, 2022 without further notice.

Old Business:

THERESA & RICHARD HORNBY -  An application to permit the construction of an addition which would result in total coverage by above grade structures of 22.67%, where 20% is the maximum permitted; coverage by above grade structure within 140 feet of the front lot line of 22.07%, where 20% is the maximum permitted at 36 Richmond Avenue, Block 2307, Lot 2, in an R-2 Zone. (Continued from August 9, 2022 without further notice)

Ms. Hornby was present and previously sworn.

Jeffrey Gassick was sworn and his credentials as a licensed architect accepted. Mr. Gassick testified regarding the revisions made, explaining that the variance for coverage by improvements was eliminated and reductions were made in gross building area and in coverage by above-grade structures.

Mr. Whitaker confirmed the plan date and the reductions made on the zoning table.

There were no questions from the public.

Public comment: Sara Jimenez-Curtola, 33 Richmond Avenue, spoke in support of the application.

The hearing was closed. Following Board deliberation Mr. Bandelt made a motion to approve with the condition that the front porch would remain open, Ms. Ruhl seconded and the application was approved.

New Business:

ANTHONY & VANESSA DiTOMMASO – An application to permit a driveway width of 42.8 feet, where 25 feet is the maximum permitted at 246 Mountain Avenue, Block 2509, Lot 13.01, in an R-125 Zone.

Mr. Bandelt recused himself from this application.

James Delia, Esq., entered his appearance and made opening remarks. Mr. Delia said there is a new single family home on the property and they do not yet have a CO.

Sean McClellan was sworn and his credentials as an engineer accepted. Mr. Mr. McClellan testified in regards to the site plan and described the property and the improvements on the property. Mr. Mr. McClellan described the proposed driveway, stating that there would be landscaping in the open oval area.

Board members asked how wide the driveway was at the curb and Mr. Mr. McClellan said it was conforming at the curb. Board members asked if the applicant would be willing to push the width of the driveway back to minimize the mass of the driveway in the front.

The applicant left the meeting to discuss revisions.

Mr. Bandelt returned to the meeting.

KEITH & ERIN GABRIELLI – An application to permit the construction of a new front covered porch, rear covered porch and 2^nd floor addition which would result in coverage by improvements over the whole lot of 40.5%, where 40% is permitted, and coverage by improvements within 140 feet of the front lot line of 44.6%, where 40% is permitted for the Property located at 558 Morningside Road Block 1313, Lot 19, in an R-1 Zone.

Roger Schlicht was sworn and his credentials as a licensed architect accepted. Keith and Erin Gabrielli, homeowners, were sworn.

Mr. Schlicht testified as to the existing conditions on the property and the survey. Mr. Schlicht testified regarding an aerial photo showing the property and the flag lot behind the property which has a driveway easement along the subject property. This driveway to get to the flag lot drives the need for the variance. Mr. Schlicht explained the photos and described the proposed improvements and identified the variances.

Mr. Whitaker asked for clarification regarding the easement and the size of the porch. Mr. Whitaker asked if the porch would remain open, the applicant agreed.

There were no questions or comments from the public.

The hearing was closed. Following Board deliberation Ms. Ruhl made a motion to approve, Mr. Pickholz seconded and the application was approved.

DiTommaso – Mr. Delia and the applicant returned to the meeting. Mr. Bandelt left the meeting.

Mr. Mr. McClellan drew on the revised site plan to show what the applicant agreed to regarding the driveway to move the oval 10 feet back and pull in the width of the driveway.

Mr. Delia said they would submit a landscaping plan as well.

The application was carried to September 13, 2022 without further notice.

Mr. Bandelt returned to the meeting.

ALESSANDRO & ALYSSA MOGAVERO – An application to permit the construction of a second story and two-story addition which would result in a front yard setback of 41 feet, where 45 feet is required; combined side yard setback of 26.66 feet, where 33.66 feet is required; coverage by above grade structures of 27.93%, where 20% is permitted; gross building area of 39.8%/4,111 sq. ft., where 34%/3,509 sq. ft. is permitted at 113 Circle Avenue, Block 4202, Lot 26, in an R-2 Zone.

John Veteri, Esq., entered his appearance and made opening remarks. Mr. Veteri said a presentation of what is proposed was reviewed by the Historic Preservation Commission and they recommended approval of the application. Mr. Veteri acknowledged that there was an additional variance for front yard setback due to the width of Circle Avenue being less than 50 feet.

Frank Troia was sworn and his credentials as a licensed architect accepted. Mr. Troia testified regarding the photos of the existing conditions on the property. Mr. Troia testified as to the existing and proposed floor plan and elevations, stating that the side porch is to remain open.

Board members expressed concern over the gross building area variance being requested, commenting that the personal hardship discussed cannot be considered. Mr. Veteri commented that the Historic Preservation Commission saw the application as an improvement to the home.

The application was carried to October 11, 2022 without further notice.

Resolution memorialization:   The following resolutions were memorialized:

-        Lanzisera, 808 E. Ridgewood Avenue

-        Aquino, 420 Van Dyke Street

-        Goldberg, 320 Brookmere Court

The meeting was adjourned at 9:40 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           September 13, 2022

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

June 28, 2022

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, Diana Ruhl, Jonathan Papietro, Michael Pickholz and Jason Curreri. Also present were Bruce Whitaker, Esq., Board Attorney; Chris Piersa, Village Engineer; Ron Reinertsen, Village Planner and Jane Wondergem, Board Secretary.

Absent:            Gary Negrycz, Isaac Lebow and Harold Maxwell

Minutes:          The minutes from May 31, 2022 were adopted.

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.

Public hearings

Resolution memorialization:   The following resolutions were memorialized:

-        Arackathara, 481 Upper Boulevard

-        Buckley, 141 South Irving Street

-        Zilinski, 154 Monte Vista Avenue

Old Business:

SALIM BHORE & GAZALA DAVE – An application to permit the construction of a two story addition which would result in total coverage by improvement of 51.2% where 45% is the maximum permitted; total coverage by improvement within 140 feet of the front lot line of 52.9% where 45% is the maximum permitted; gross building area within 140 feet of the front lot line of 39.9%/3,348 sf where 39%/3,276 sf is permitted at 85 Oak Street, Block 2010, Lot 21, in an R-3 Zone. (Continued from June 14, 2022 without further notice)

John Musinski, architect, was previously sworn. Mr. Musinski was present on behalf of the applicant and testified regarding the drawings he submitted, revised to June 3, 2022. Mr. Musinski summarized the changes made and the additional variance being sought for gross building area.

Board members asked about the reduction in coverage by improvement and the additional variance for gross building area. Mr. Musinski explained his calculations for coverage by improvements and for gross building area.

There were no questions or comments from the public. The hearing was closed.

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

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 multi-message 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. (Carried from February 8, 2022 without further notice)

Mr. Pickholz recused himself from this hearing and left the meeting at 7:59 p.m.

Lou D’Arminio, Esq., was present on behalf of Outfront Media, LLC.

Robert Inglima, Jr., Esq., was present on behalf of Bergen Convenience Flagship, Inc.

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

Tiago Duarte was sworn and his credentials as an engineer accepted. Mr. Duarte stated that he oversaw the site plan and survey and testified regarding those exhibits as well as the aerial view.

Board members asked when the aerial photo was taken. Mr. Duarte said it was from 5/23/18.

Mr. Duarte testified regarding the cross section exhibit dated June 28, 1922 and marked as Exhibit A-13. Mr. Duarte explained that the distance of the sign to the building next door is 100.9 feet.

Mr. Duarte testified and explained the lighting exhibit, marked as Exhibit A-14.

Board members asked Mr. Duarte about the objector’s Exhibit 8. Mr. Duarte stated that the rectangle, representing the sign, is in the wrong location and doesn’t appear to be visually accurate.

Mr. Duarte stated that the proposed signage would not present any issues or impact drainage or traffic.

Board members had questions about the intensity of the lighting and how it would be monitored and maintained. Mr. Duarte stated that a light meter would be at the top of the structure.

Board members asked what was in the location of the proposed sign at this time and would the sign create additional impervious coverage. Mr. Duarte stated that there is concrete and gravel and the sign would use a 4’ diameter pole with 5’ concrete under grade. Board members asked what the existing impervious coverage is on the lot, Mr. Duarte said the zoning table on Ex. A-2 says 62%. Mr. Reinertsen suggested showing a breakdown of the 62%.

Board members asked if the sign would be visible from the windows of the building next door. Mr. Duarte said it would not be visible.

Mr. Whitaker asked about Exhibit A-14 and if an analysis of the surrounding residential zone was done. Mr. Duarte said he had not done that analysis but that Exhibit A-14 shows the visual limit of the sign.

Mr. Reinertsen asked about the various angles used to show visual impact and suggested using drone technology to show what can be seen from different points.

Board members asked Mr. Duarte to explain how bright 0.3 foot candles is as Village Code states that the maximum shall not exceed 0.1 foot candle at the property line.

Mr. Standriff referred to his exhibit A-7, the view from the window of the building next door, and asked to clarify the location of the proposed sign. Mr. Standriff asked about Exhibit A-13, the cross section and how the sign would be visible from the windows of the building next door. Mr. Standriff asked about the lighting and from how far away would the sign be seen if there were no obstructions.

Board members asked for clarification of the lighting exhibit.

Questions from the public:

Rohan DeSilva, 521 West Saddle River Road, asked why the sign is angled toward the residential area across Route 17 instead of Route 17. Mr. Duarte said it was angled toward Route 17.

Diane Haderthauer, 470 Albin Court, asked if it would be possible to see aerial photographs when the trees are not in full foliage to better determine how the residential area will be impacted. Mr. D’Arminio said the Planner will answer that question and that they will get updated aerial photos.

Frettra DeSilva, 521 West Saddle River Road, asked if the updated aerial photos could include the Schedler property as there have been changes there. Mr. D’Arminio said they would.

Dave Ward, 552 Route 17 North, said his property is directly across the street and that the Exxon lights are very bright and would the ambient lighting be accumulative. Mr. Duarte said it would not be because the monitor is at the top of the pole and the canopy of the gas station is below the sign.

Mr. D’Arminio asked to have a redirect examination of his witness, Mr. Duarte. Mr. D’Arminio asked if the parabola was provided by the manufacturer or if he created it. Mr. Duarte said the lighting information is provided by the manufacturer. Mr. D’Arminio asked if there is any impact beyond the ‘ring’. Mr. Duarte said there is not. Mr. D’Arminio asked Mr. Duarte to clarify that the visibility of the sign from the window next door and to speak to the accuracy of the cross section.

The hearing was carried to August 27, 2022 without further notice.

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

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           August 9, 2022

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

May 31, 2022

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 and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney and Jane Wondergem, Board Secretary.

Absent:  Isaac Lebow and Michael Pickholz

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.

Public hearings

Mr. Brown announced that the Charles Ohrel, 444 Eastgate Road, application was carried to June 14, 2022 without further notice.

New Business:

ANDREW & LAUREN KUPIEC – An application to permit the construction of a two story addition which will result in a coverage by above grade structures for the whole lot of 21.7%, and coverage by above grade structures within 140 feet of the front lot line of 22.1%, where 20% is the maximum permitted; and coverage by improvements for the whole lot of 49.7%, and coverage by improvements within 140 feet of the front lot line of 49.9%, where 45% is the maximum permitted at 112 North Walnut Street, Block 2010, Lot 9, in an R-2 Zone.

Jordan Rosenberg was sworn and his credentials as a licensed architect accepted. Mr. Rosenberg testified to the existing conditions on the property and described the plans he prepared, revised to 2.14.22. Mr. Rosenberg described the existing and proposed coverage and discussed the length of the driveway, which accounts for a substantial amount of the improvement coverage. Mr. Rosenberg identified the variances and stated that the hardships are the lot size and the location of the existing structure on the property.

Board members asked if the applicant would agree to never enclose the front porch. They agreed. Board members were concerned about exacerbating the existing nonconformity and asked if would be possible to have more green space.

Andrew Kupiec, homeowner, was sworn and testified regarding the oil tank.

The hearing was carried to July 26, 2022, without further notice.

AARON LIEBHABER -  An application to permit a semi-circular driveway which will result in a total driveway width of 35 feet, where 25 feet is the maximum permitted at 20 South Pleasant Avenue, Block 4203, Lot 6, in an R-2 Zone.

Aaron Liebhaber, homeowner, was sworn and testified as to the difficulty and danger of backing out of the driveway, which is located very close to a school. Mr. Liebhaber explained that his property abuts a commercial lot.

Board members had questions regarding the measurement of the width of the driveway. Board members asked if he would be able to widen the driveway without making it a circular drive or narrow the drive on the right side to not exceed 25 feet.

The hearing was carried to July 26, 2022, without further notice.

FRANK AND JEAN TALIERCIO -  An application to permit the construction of a two-story and 2nd story addition which would result in a rear yard setback of 10 feet to the garage and 21 feet to the addition, where 30 feet is required; coverage by above grade structures of 24.7%, where 20% is the maximum permitted; coverage by improvements of 46.7%, where 45% is the maximum permitted; and gross building area of 45%, where 35% is the maximum permitted at 448 Cambridge Road, Block 3002, Lot 7, in an R-2 Zone.

James Delia, Esq., entered his appearance and made opening remarks.

Cathy Benson was sworn and her credentials as a licensed architect accepted. Ms. Benson described the existing conditions on the property and the location of the garage. Ms. Benson testified regarding the proposed floor plan, explaining that they are enclosing part of the existing porch, building over the existing footprint and mudroom, and attaching the garage. Ms. Benson went over the zoning table. Ms. Benson identified the variances and showed a photo board to show other homes in the neighborhood.

Board members asked about the patio and the sheds, which Ms. Benson said were removed. Board members asked about the height and the width of the garage.

Public questions:

Andrew Schwenwede, 447 Bogert Avenue, asked about the height of the garage, the shed and landscaping. Ms. Benson said the shed would be removed and the homeowner is willing to bring the roof height of the garage down.

Public comment:

Andrew Schwenwede, 447 Bogert Avenue, was sworn and commented that the applicant is trying to put too much on the lot.

Board members commented that they did not see the need to connect the garage to the house and it is a lot for the property.

The hearing was carried to July 26, 2022, without further notice.

Resolution Memorialization: The following resolutions were memorialized:

-        Tesser, 380 Bedford Road

-        Hearn, 324 Beechwood Road

-        Tepper, 300 Franklin Turnpike

Discussion:  Devins, 76 Park Slope – Request to extend the variance relief for one year to May 28, 2023. Following discussion by the Board the request for extension was denied as the variance approval dated to 2019 and no effort was made to obtain permits.

The meeting was adjourned at 9:53 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           June 28, 2022

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

August 23, 2022

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, Isaac Lebow, Jonathan Papietro, Jason Curreri and Harold Maxwell. Also present were Bruce Whitaker, Esq., Board Attorney; Chris Piersa, Village Engineer; John Barree, Village Planner and Jane Wondergem, Board Secretary.

Absent:            Diana Ruhl, Michael Pickholz

Minutes:          The minutes from July 26, 2022 and August 9, 2022 were adopted.

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.

Public hearings

New Business:

Mark and Lila Goldberg – An application to construct an in-ground pool and accompanying paver patio, landscape buffer, and landscape lighting to the rear of the principal dwelling, which will result in placement of a pool within the front yard, a front yard setback of 25.8 feet, and improvements in a riparian zone at 320 Brookmere Court, Block 1913, Lot 3.01, n an R-2 Zone.

Mr. Papietro recused himself from this hearing.

Sophy Sedarat, Esq. entered her appearance and made opening remarks, describing the property and the variances being requested.

Marc Goldberg, homeowner, was sworn and described the project. Mr. Goldberg showed a map printout, marked as Exhibit A-1, of the neighborhood and Cameron Lane.

Tibor Latincsics was sworn and his credentials as an engineer accepted. Mr. Latincsics testified regarding the plot plan that he prepared. Mr. Latincsics described the lot, the waterway and the existing trees. Mr. Latincsics stated that approval has been received by NJDEP and received certification from Bergen County Soil Conservation.

Board members asked if there was ever flooding in the area. Mr. Goldberg said it has never flooded, Mr. Latincsics stated the water diverts upstream from the property. Board members asked who controlled the waterway. Mr. Goldberg stated that he maintained his portion of it.

There were no questions from the public.

William Moore was sworn and his credentials as a landscape designer accepted. Mr. Moore described the proposed landscaping on the property.

Board members asked if other locations had been considered for the pool. Board members asked if they would stipulate to maintaining the buffer to Cameron Lane. Mr. Whitaker asked about the fence and Mr. Moore described the proposed fence.

There were no questions from the public.

Public comment:

Jennie Galvin, 88 Cameron Lane, was sworn and spoke in support of the application.

Amy Killeen, 404 North Maple Avenue, was sworn and spoke in support of the application.

Mariko Aoki, 336 Brookmere Court, was sworn and spoke in support of the application.

Ms. Sedarat made closing remarks.

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

Mr. Papietro returned to the meeting.

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 28, 2022 without further notice).

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

Louis D’Arminio, Esq., was present on behalf of the applicant. Douglas Standriff, Esq., was present on behalf of the objector, AK Realty, LLC. Robert Inglima, Esq., was present on behalf of Bergen Convenience Flagship, Inc.

Mr. D’Arminio gave a recap of the previous meetings and the witnesses that have testified.

Tiago Duarte, engineer, was previously sworn, and testified regarding Exhibit A-15, an aerial map, dated August 23, 2022, with updated zoning and view of the area. Mr. Duarte testified regarding the breakdown of the impervious coverage on the site and stated that the billboard would not increase the impervious coverage.

Mr. Duarte testified with regard to an ambient analysis of similar signs that have been done, which was requested by Board members. He stated that they looked at the results of pre- and post-conditions of previous sites and they looked at the Maywood sign and obtained ambient light levels in the area of the sign. Mr. Duarte said the ambient light levels did not change significantly with the sign in operation.

There were no questions from the Board.

Mr. Standriff asked about the updated aerial map and the area where vegetation had been cleared away and if the sign would be more visible to someone standing on that site. Mr. Standriff asked how the ambient light readings were taken at the other sites and if the readings would be different depending on the angle. Mr. Duarte went into greater detail regarding how and where the measurements were taken.

Board members asked for confirmation that the testing was for ambient light and not the visible light in the distance that one perceives.

There were no questions from the public.

Justin Taylor was sworn and his credentials as professional traffic operations engineer accepted.

Mr. Taylor testified regarding the surrounding roadways and the proposed location of the billboard, describing that area of Route 17. Mr. Taylor said he heard the concerns from the public and the Board regarding how people view the billboard, and how the billboard would affect the drivers, and if there are safety concerns regarding a digital billboard. Mr. Duarte testified regarding how drivers process what they see while driving and studies that have been done on the subject. The studies done found that the average ‘dwell time’ on a digital billboard was around 1 second, if they were interested in it.

Mr. Taylor stated that there have been national studies done on the implementation of billboards and the conversion of static billboards to digital billboards. Crash records were collected from local municipalities and the state troopers around these billboards, from before the billboard was there and after it was installed and it was determined that there is no significant relationship between the installation of the billboard and any type of crash history. Mr. Taylor talked specifically about the low crash rate in this area of Route 17 and determined that the proposed sign could operate in this location within reasonable parameters of public safety.

Mr. Whitaker asked about the distance considered on Route 17 in the crash study. Mr. Taylor said they looked at 1,000 feet to either side of the proposed billboard and explained that was because a driver recognizes that there is something there at 1,000 feet. Board members asked for clarification about when the billboard becomes visible.

Board members asked about the crash study and Mr. Taylor explained the process. Board members asked if the time one focuses on the billboard changes if the image changes. Mr. Taylor stated that there is no correlation between safety and the flip time of the images.

Mr. Barree asked if the study was done only for the conversion of a static billboard to a digital billboard or also for the introduction of a billboard where there was none. Mr. Taylor stated that all those situations were studied. Mr. Barree asked if there was an analysis of different traffic situations. Mr. Taylor said the studies were done at different times of the day and night and during peak traffic times.

Mr. Piersa asked if the applicant considered having the utility poles and transformers relocated. Mr. D’Arminio said that had not been considered at this time but would explore that.

Mr. Standriff asked if Mr. Taylor was familiar with traveling in this area and asked for more detail on the crash study and the areas studied. Mr. Standriff asked if they realized the difference between traveling on a highway that has fewer exits spaced further apart than this particular area of Route 17 which has several exits and entrances in a short stretch.

Mr. Standriff asked about the ‘dwell time’ and how the billboard may distract drivers.

Public questions:

Matthew Rossi, 516 West Saddle River Road, asked if the study included any roads beyond Route 17. Mr. Taylor said it did not. Mr. Rossi asked if he was aware that portions of West Saddle River Road are within the 1,000 feet of the sign. Mr. Taylor clarified that the sign would not be oriented towards those sections. Mr. Rossi asked if there would be visibility. Mr. Taylor didn’t know if there would be direct visibility.

Rohan DeSilva, 521 West Saddle River Road, asked if any studies have been done since 2006 and since smart phones have been introduced. Mr. Taylor said the Federal Highway Administration conducted their study in 2012. Mr. DeSilva asked why Mr. D’Arminio objects to the term ‘distraction’. Mr. D’Arminio said that Mr. Taylor’s testimony showed that it has been determined that digital billboards are not a distraction.

The hearing was carried to October 11, 2022 without further notice.

The meeting was adjourned at 11:00 p.m.

Minutes submitted by:  Jane Wondergem, Board Secretary

Date Approved:           September 27, 2022