20230808 - Zoning Board of Adjustment Minutes

VILLAGE OF RIDGEWOOD

BOARD OF ADJUSTMENT

Meeting Minutes

August 8, 2023

           

 

Opening:

 

The public meeting of the Zoning Board of Adjustment of the Village of Ridgewood was called to order at 7:40 p.m.

 

Present:  Greg Brown, Matthew Bandelt, Diana Ruhl, Gary Negrycz, Jonathan Papietro, Michael Pickholz, Jason Curreri, Harold Maxwell and Jamie Fox were present. Also present were Bruce Whitaker, Board Attorney; Christopher Rutishauser, Village Engineer; John Barree, Village Planner; Brian Intindola, Traffic Engineer for the Board, and Jane Wondergem, Board Secretary.

 

Absent:  Michael Pickholz, Jason Curreri and Jamie Fox

 

Adoption of Minutes:            The minutes from July 11, 2023 and July 25, 2023 were adopted.

 

Non-agenda items:

 

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

 

            Members of the public comments: Jaqueline Hone, 30 Carriage Lane, questioned the status of 560 Route 17. Ms. Hone said the new owners continue to operate and she continually complains to Village officials and gets no response. Mr. Barree informed Ms. Hone that a site plan application has been submitted.

 

Public Hearings:

 

The Kaptain, 645 Hillcrest Avenue, application was carried to September 26, 2023 without further notice.

 

Old Business:

 

LES DANN, LLC – An application for preliminary and final major site plan approval, expansion of a nonconforming use variance approval, and use variance approval for the construction of an auto body shop, which will serve as the principal use at 246-264 South Broad Street, Block 3905, Lots 12, 13 and 14, in an R-3 Zone. (Continued from May 23, 2023; Carried from June 13, 2023)

 

Mark Semeraro, Esq., was present on behalf of the applicant and said that the prior meeting left off with cross examination by Mr. Inglima.

 

Mr. Whitaker stated that the applicant amended the application to include a request for a certificate of pre-existing nonconforming use.

 

Robert Inglima, Esq., was present on behalf of The Religious Society of Friends Ridgewood Friends Meeting and the Friends Neighborhood Nursery School, 224 Highwood Avenue. Mr. Inglima asked for confirmation that the application was amended to reflect all the variances and approvals being requested. Mr. Semeraro stated that a letter was sent to the Board and the notice included all requests.

 

Mr. Whitaker stated that the objective of the October 10 meeting is to determine if the certificate of nonconformity can be granted, and a determination needs to be made by the Board in regards to that issue before proceeding with anything else.

 

Mr. Inglima continued cross examination of Michael Daniel. Mr. Inglima asked about the accuracy of the photos and the information on the Mountain View Auto website. Mr. Daniel said it was.

 

Mr. Inglima asked if there were any easements, licenses or tenancy agreements when the properties were purchased. Mr. Semeraro said there were no easements or licenses when he reviewed the closing files, but there was one tenancy agreement to store landscaping equipment in the rear of the lot of the body shop.

 

Mr. Inglima asked about permits for work that was done and what was done on each lot. Mr. Daniel explained the clean up on the lots and the repurposing of some of the buildings. Mr. Inglima showed photos taken after the property was acquired by the applicant and asked Mr. Daniel to explain what work was done and if any violations were given. Mr. Daniel said violations were given for work without permits and he responded to the violations and received the proper permits.

 

Mr. Inglima stated he was finished with the cross examination of Mr. Daniel.

 

Mr. Semeraro distributed documents and photos, marked as Exhibits A-27 through A-49. Mr. Daniel testified that he purchased the property and the business on lot 12, the functioning and operating auto body business. The tenants of the remaining businesses needed to obtain lease agreements to stay. Mr. Daniel said some left at that time.

 

Mr. Daniel explained all of the photos of the conditions on the subject properties.

 

Mr. Semeraro asked Mr. Daniel about the building on Route 23, Wayne, that has his business name on it. Mr. Daniel stated that they rented the space on the building to put his business name there but they do not store cars there or work in the building or parking lot.

 

Mr. Daniel testified regarding the existing conditions on the property and what he proposed to build. Mr. Daniel said that the proposed building would be set back 100 feet behind the fence and the property would be landscaped so vehicles would not be seen from S. Broad Street. Mr. Daniel’s gave continued testimony in regard to the proposed building and operation.

 

Mr. Inglima asked about the conditions of the properties from the photos. Mr. Daniel said he cleaned up the properties. Mr. Inglima asked about the business operated by an another tenant, Mr. Daniel stated that the tenant was no longer leasing that business as of August 1, 2023.

 

Public questions:

 

Frank Mortimer, 426 Van Buren Street, asked about the number of vehicles a day that would need to be painted. Mr. Daniel explains the process, the number of vehicles and what the square footage in the proposed building would be used for. Mr. Mortimer asked why Mr. Daniel won’t work with the tenants to maintain the status quo. Mr. Mortimer asked about the noise complaints. Mr. Daniel said he was using the back hoe on the property to move cars and snow.

 

Richard Hrvatin, 217 Woodside Avenue, asked about the spray paint booth and how it works. Mr. Daniel explained the paint and filter process.

 

Christian Clark, 269 Woodside Avenue, asked if Mr. Daniel was aware that the subject properties are between two historic districts. Mr. Daniel said he was not. Mr. Clark asked how vehicles get to the shop, how many stories are in the building and why Mr. Daniel couldn’t operate his business as it is now.

 

Darlene Johnson, 218 S. Broad Street, asked if Mr. Daniel ever asked the neighbors what they wanted and if he has a big commercial building in his neighborhood. Ms. Johnson asked where the employees would park and if he thought his building would fit in the neighborhood. Ms. Johnson asked if the bays would be closed and what hours vehicles would be towed.

 

Lisa Glidell, 222 S. Broad Street, asked Mr. Daniel to explain the storage of vehicles and if the vehicles would attract criminal activity, as they are luxury vehicles. Mr. Daniel said that he has been operating there and has not had any issues.

 

Board members asked about the paint and filtering system. Board members asked why the facility needs to be so large and why there was an increase in volume from the May meeting. Mr. Daniel explained that the increase is due to the painting and that the bay to car ratio is not 1:1 and the extra bays are needed as everything is done in-house.

 

Board members asked about Phase II. Mr. Rutishauser stated that he does not consider the document that he received as Phase II and that he has further questions.

 

Board members asked Mr. Daniel collected information to determine that there was a deficit for this business in this area prior to purchase. Mr. Daniel said that he did.

 

Board members asked if the building in Wayne was larger or similar. Mr. Daniel said the Wayne building is bigger.

 

The testimony of Mr. Daniel was concluded.

 

The hearing was carried to October 10, 2023, without further notice.

 

Memorialization of Resolutions: The following resolutions were memorialized:

-        Dolan, 683 Midwood Road

-        Lakin, 321 Abbey Court

-        Goodelman, 94 Glenwood Road

-        Santoliquido, 511 East Saddle River Road

 

The meeting was adjourned at 11:05 p.m.

 

Minutes submitted by:  Jane Wondergem, Board Secretary

 

Date Approved:           August 22, 2023