September 1, 2022

September 1, 2022 BOA minutes

 

The September 1, 2022 Special Meeting of the Board of Adjustment opened at 7:30pm.  The clerk read the notice of compliance with the “Open public meetings act.”

 Present were Board members:  Mr. Reynolds, Mr. Dixon, Secretary Schneider, Mr. Pasola, Mr. McGee, Mr. Davis and Chairman Struncius

                Absent:  Mr. Kelly and Ms. McFadden

                Recused: Mr. Driber

                2022-14 – OutFront Media, LLC – 502 Sea Avenue – Block 12; Lot 25 – Applicant wishes to             replace existing billboard’s with 2 –  35 foot high LED billboards.

 

According to the application, the Applicant is seeking the following variances:

 

  1. A d(1) use variance for demolition of the existing static billboards (nonconforming use/structure on site) and construction of two new digital billboards erected on a single monopole; which use is not permitted in the HC Zone.
  2. C(2) variances for existing bulk nonconformities for lot area, lot frontage, lot width, lot depth and front setbacks (Rt. 35 and West Cincinnati Avenue).
  3. Waivers of Chapter 17 sign ordinance criteria.

 

Exhibits Entered

 

Site Plan, entitled Preliminary and Final Site Plan for Outfront Media, LLC, Proposed LED Billboard, Block 12, Lot 25, by Tiago F. Duarte, P.E. of Dynamic Engineering, consisting of 3 sheets, dated 9/1/21.

Sight Visibility Study prepared by Dynamic Traffic and dated 6/1/22.

Comparison Document 35’tall, 10’6”H x 36’ W billboard vs 25’tall, 10’H x 30’W billboard

NJDEP Freshwater Wetlands Permit dated 5/6/22

Wetlands Disturbance Plan dated 4/22/21Site Photos of existing billboards from street view

Exhibit A1 – Application Package

Exhibit A2 – Site Plan

Exhibit A3 – Photograph (2 pages)

Exhibit A4 – Advertising

Exhibit A5 – Photographs, Existing Site

Exhibit A6 – Sample LED panel

Exhibit A7 – Emergency Messaging samples

Exhibit A8 – Protocols A & B

Exhibit A9 – Light Exhibit Plan

Exhibit A10 – DEP Permit Application

Exhibit A11 – Wetlands Disturbance Plan

Exhibit A12 – Site Visibility Study

Exhibit A13 – Site Visibility Study

Exhibit A14 – Site Visibility Study

Exhibit A15 – Aerial drone View

Exhibit A16 – Aerial drone View

Exhibit A17 – Aerial drone View

Exhibit A18 – Aerial drone View

Exhibit A19 – Existing Sign Base Photo

Exhibit A20 – Final Site Plan 

Exhibit A21- Crane Test Photographs

Exhibit A22 – Crane Test Photographs

 

Jeffrey M. Hall, Esquire, applicants’ attorney, reviewed application and requested variances.

 The applicant is proposing to demolish/remove the existing four 10.5’ by 23’ static billboards and construct two 10.5’ by 36’ LED digital billboards set on a steel monopole at a maximum height of 35’.

 John Antal, applicants General Manager, sworn, stated that he is the General Manager of Applicant in their New Jersey office and has held that position since 2012.He oversees all aspects of sales, real estate, operations, graphic design, production, marketing and government affairs. He directs the Applicant’s modernization efforts for existing locations on properties that they own. Applicant is a national outdoor advertising company publicly traded on the NYSE. Applicant has more than 400,000 displays (digital and static combined) in the United States and Canada. Applicant has more than 3,500 displays in the state of New Jersey of which 91 are digital. Applicant has owned the subject property since 1986. He reviewed real estate records that confirmed the existing site has been utilized for static billboard use since the late 1950’s. The site currently contains 4 static billboards total – Two faces in each direction in a side-by-side V-shaped configuration. There are mature trees to the rear of the site that will be maintained and a landscaping plan has been proposed that will improve the overall landscape at the site. The proposed construction utilizing a monopole structure modernizes the site as compared to the existing wood structure with supports for the existing static billboards. The location provides good visibility to the billboards proposed from Route 35. In selecting this site for a digital billboard/modernized monopole construction, he took into account its historical use as a billboard site since the 1950’s, its location in a commercial zone, and the fact that they own the subject property. He noted that the applicant had obtained a NJDEP permit for the proposed digital billboards proposed. He acknowledged the visual impediment from the nearby railroad crossing signals and testified that was part of the reason applicant proposed a 35’ height.

 The HC zone allows a maximum 35’ height for principal structures; billboards are not a permitted principal structure in the HC zone; the existing static billboards are at a maximum height of 18’. He believes that the greater height provides for greater visibility to drivers. The digital sign automatically dims based on the ambient light around it. He does not believe the proposed digital billboards would negatively impact the quality of life of the residential property owners/lessees in the immediate vicinity based upon the fixed louvered construction directing the light downward and the automatic light control of the sign. He testified the most common digital billboard sign is 14’ by 48’ (672 SF).   Applicant utilized a 10.5’ by 36’ sign proposed based upon the specifics of this location.   There are approximately 7 other 10.5’ by 36’ signs utilized in the State by the Applicant. He entered as Exhibit A8 documents describing the Applicant’s protocols for Emergency Messaging and Municipal Messaging.

 

Mr. Davis is concerned that a blinking light at a railroad crossing creates a danger.

 Mr. Pasola is concerned with the quality of life of the surrounding residents.

  Tiago F. Duarte, P.E., sworn, credentials accepted, stated that he is a professional engineer, licensed in the State of New Jersey and prepared the site plan presented to the Board for review and approval.  As such, he is fully familiar with the subject property, the plan proposed and surrounding properties. The subject property is located in the HC zone. Billboards are not a permitted use in the zone. The existing site contains a billboard structure with four faces, two in each direction. The following statements were made –

 

  1. Applicant applied for and received a NJDEP permit for the proposed construction (noting the existing of wetlands on site).
  2. The four existing signs are approximately 10.5’ by 23’ (241.5 SF each). There is approximately 483 SF of signage on each side.
  3. The proposed two digital billboards to be mounted on a monopole are 10.5’ by 36’ constructed in a V shape as shown on the site plan. The maximum height at the top of the billboards is 35’.
  4. The front setback to Route 35 is 7’ (nonconforming) which is the same nonconformity as exists for the current static billboard structure.
  5. The proposed setback to Cincinnati Avenue is 5’ (nonconforming) where 7’ exists for the current static billboard structure.
  6. The setback from the western property line is currently 20.8’ and as proposed will increase to 47’.
  7. The rear yard setback distance is currently 45’ and 57’ is proposed.
  8. The lot is an undersized lot containing 9,039 SF whereas the zone requires 10,000 SF. The lot is also deficient for lot frontage, lot width and lot depth.
  9. As proposed, each sign face provides for 378 SF. This is a 210SF overall reduction from the existing static signs; but far in excess of the 40SF maximum allowed by the Borough sign ordinance.
  10. As to the construction, the proposed monopole is a steel monopole set in a concrete foundation. The design of the foundation/footing has not been performed at this time.
  11. He entered as Exhibit A11 the Wetlands Disturbance Plan. He noted that the rear of the site (approximately 20% of the lot) is encompassed by wetlands.
  12. Applicant proposes to feed power to the billboards via overhead power line.
  13. He testified that the louver construction on the sign face is to ensure that the image is projected perpendicular to the sign face.
  14. He testified that the sign provides an automatic light control that maintains the light of the sign at .3-foot (measured to 187’) candles above the existing ambient light.
  15. He did not have a foot candle measurement at the property lines (less than 187’).
  16. He stated that the proposed digital billboards will actually be an improvement from a lighting impact perspective, as compared to the existing up lighting of the static billboards on site.
  17. In reference to the adjoining Childers Realty mixed use (commercial on first floor with residential on second floor) building, he noted that the impact of the 35’ tall digital sign proposed is mitigated by the fact that the proposed sign is 27’ further east than the existing static signs and is set at a higher level.
  18. No trees are proposed to be removed as part of the construction proposed and an enhanced landscape plan is presented in the site plan submitted.

 

 Mr. Dixon is concerned with the height of the billboard.

Chairman Struncius echoed his concern. He is concerned that they are considering it at building height.   The board has given some good guidance for consideration by the professionals for next meeting.

Motion by Mr. Davis, second by Secretary Schneider to add a special meeting date of September 29, 2022 to the calendar.

In favor:  Dixon, Schneider, Reynolds, Pasola, Davis, McGee and Neill

Opposed:  None

                Motion by Mr. Pasola, second by Vice chair Reynolds to carry application 2022-14 – OutFront  Media, LLC – 502 Sea Avenue –     to September 29, 2022 without notice.

 

 

 

Meeting adjourned at 10:15pm

Attest:  Karen L. Mills, LUA

                Clerk of the Board