Good evening all and welcome to the board of adjustment township of Berkeley Heights. We're located at 29 Park Avenue here in Berkeley Heights. This is our public meeting tonight. It's March 27th. We have 700 p.m. on the clock. And may I
have a roll call, please? Mr. Sullivan, present. Mr. Coello says his regrets. Mr. Deia here. Mr. Ringwood here. Mr. Sylvester tons of regrets. Mr. Para, tons of regrets. West August.
Mr. Degan here. Miss Wolf here. Thank you. And please note that this meeting is being held in conformance with all regulations of the sunshine law and the open public meetings act. Adequate notice of this meeting has been posted on the town website and sent to the newspapers of record. The agenda has
been posted on the town website and sent to the newspapers of record and posted on the bulletin board fronting municipal hall at least 48 hours in advance of the meeting. The agenda items will not necessarily be heard in the order listed and the meeting will not continue
substantially past 10:30 p.m. I'd like to move on to some of our housekeeping item. The adoption of the minutes from February 27th. Mr. Ringwood, did you have an opportunity to review the minutes from our last session? I did. I find them to be in
order. I make a motion we accept the minutes. And a second by Mr. Degan. I second. All in favor on the adoption? I. Thank you. Moving on to uh application uh resolutions. Application
2619B, Joseph and Josie Malali. This was 34 Washington Avenue, block 1804, lot 4. This was an extension to a prior approval. Mr. Deia, did you have an opportunity to review the resolution? I did. I believe everything's in order. I
make the motion to accept. Madam second by Mr. Ringwood. Seconded. All in fa uh roll call, please. Mr. Yes. Mr. Dia. Yes. Ringwood. Yes. Motion carries. 300. And we are moving. That was the only
moving on to the public sessions this evening. We are changing the order this evening for in the best interest of all applications this evening. We will hear from application 25003. The Kersh family located at 117
Riverbend Road, block 102, lot 93. This is in the R15 zone off Park Avenue. Folks, if you'd like to step up, please. And Council Wolf will you have? Thank you.
Okay, great. Thank. We're going to mark those as exhibit one. All right. So, just for the record, the notice was sufficient as to form and content. So, we do have jurisdiction to hear this case. And with that, I will swear you both in. Would you raise your right hand? You swear to tell the truth, the whole truth, and nothing but the truth. Thank you. And your name and address is
for the record. There's 117 Riverb Road. Thank you. Thank you very much for joining us this evening. And you met with Mr. Bako and Connie throughout the course of the past
couple of months. Can you tell us a little bit about the letter of denial and your conversation with Mr. Bako and what brings you to board the zoning board this evening? Sure. So, we are proposing a second floor extension above the living room. Um, that would include
a master suite with four rooms, a bedroom, a bathroom, a walk-in closet, and the storage room. Um, ultimately what we're proposing, we're not looking to expand the footprint. Um, but the house is already non-conforming in a few areas. Um, and that's what we're that's what we're here
to address those variance items. So, are you planning to splinter the house all the way down to the foundation and start over or are you improving the existing home that exists? Improving the existing home and it's a split level home.
And uh tell us about some of the features that you will be adding to the home. So, is the family expanding or we hope we just need some more more room? We have a 17-month-old. We hope to expand our
family in the future. And I work from home full time. So, one of our bedrooms is my office. So, with that, we kind of just need the extra space when we expand our And the area that you have as existing office, that is for for personal use. You're not accepting
clients or receiving clients there. Okay. Um, tell us about the wooden deck. Is the deck are you planning on renovating the deck or leaving the deck? It's about I think it's 264 square feet or so. Yeah, leaving the deck as is.
We're not planning on making any adjustments to it in in the you have a very substantial rear yard, which is very nice. In the future, a deck is considered a pvious surface as long as there's not concrete or gravel
underneath. So somewhere down the road, if you're interested in expanding that deck, you could just stop into the construction office and touch base with Mr. Bako. And since it's a pvious condition, if you think you down the road you need a larger deck, it'll probably work without a return trip to
the zoning board. the reason why you're here tonight is something went against the grains of the rules that govern the bar. So, there's an opportunity for you to seek out a variance for that. Uh board members, questions for the Kersh family.
Nothing for me. Mr. Just a quick question. So, if you're looking at your house, there's a I think is there a couple houses to the right that have done basically the same exact thing that you did that I thought so.
I'd like to make a motion to open up the meeting to members of the public that have question or comment for the Kersh residence on Riverbend Road. That's House number is it 117? Correct. Yes. Uh I have a motion, Mr. Dia. I'll make a motion. Have a second by Mr. Degan. A
second. Meeting is now open to members of the public that have a question or comment regarding this application. Seeing no one, may I have a motion to close the meeting to members of the public? So moved. And may I have a second? Second. All in favor? The
meeting is now closed to members of the public. Uh this project is not increasing the footprints of the house on its foundation. It's just a a level above that triggered a variance. Okay. So um there will be some limited storm
water management requirements. Um Mr. Sal Farrell will probably look to see how the orientation of your leaders are, but I don't think it's going to get as busy as a formal storm water management plan that would be required for projects. Okay. Okay. Uh are there any
trees that are planned to be removed? No. And the driveway, there was something with the driveway. Uh Mr. Balco noticed something. Was there was the driveway, did it have a short sideyard setback on the driveway? Yes. So, it's pre-existing
non-conforming. Not sure if it was there when you purchased that. And just a question about the exterior. Are you going to have everything matching? Yes. Okay. Are you planning on residing or We're planning to match um match what's Yeah,
match. It's a light gray, so I think we'll be able to find it. Any new lighting? Any new lighting or anything proposed? Um some lighting in the the new master suite though. Yeah. Yeah. Nothing outside. Okay. Yeah.
Uh on this application, may I get a motion, Mr. Ringwood? I make a motion we approve the application. And then a second. Second. Mia. And a roll call on 117 Riverbend Road, please. Mr.
Sullivan. Yes. Mr. Dia. Yes. Mr. Ringwood. Yes. Mr. Dan. Yes. Motion carries 40. Thank you very much. You're all set. So, touch base with Connie. There will be a resolution available next month so you
can start putting some of your paperwork together. Touch base with Connie and I'm sure once the ink dries on your resolution, you'll be able to rock and roll. Sounds good. Thank you so much. Appreciate it. Good luck. 2020. Take care. Okay. Our next application this
evening is 230018 the Gil Bowskis at 20 Overhill Way. Mr. Santory you will notice that there are four members on the zoning board.
And for the record I did review the notice. It was sufficient as the form and contents. The board does have jurisdiction to hear this case. Okay. Uh Mr. Santory, can you recap where we are? I know that this application includes some jurisdictional limits between the
zoning board and the the burough officials. And I I just want to be perfectly clear with the road and path we're taking this evening. And we will absolutely afford opportunity for public interest to a voice an
opinion, ask question of the applicant and uh present a comment. Thank you. So I think per your direction this application is strictly exclusively limited to the coverage this evening and um anything and everything that deals
with the retaining wall and anything in the about this easement or drainage that's not anything we're discussing tonight and that's completely out of the scope of because you had indicated that you already dealt with that you dealt with the wall anything else is part of the
town just so you know last time I was here when I reported informally I met with two of the individuals I think it was Miss Mrs. McConi and Miss Johnson along with Mr. Bower who you know is not a resident but has um some like works
with them. It's an open session so any anyone No, I understand what I'm saying is there to help them as a contractor. So I gave my emails, I gave my phone number, no one's ever contacted me, no one's ever reached out. So that was an
opportunity I tried. Didn't happen. is what it is. But as I understand for your direction, this is a hearing tonight strictly about the coverage and whatever storm water management is related to that coverage. There are two separate issues. There is the well multiple
issues. There is the encroachment into the buffer easement. I don't think this project crosses and Mr. Hollows can correct me if I'm wrong into the driftway conservation easement area. But there is
significant improvements beyond the scope of the subject parcel. Those items become part of code enforcement. We hate men. We hate Jews. Heat. Heat.
[Music] the first time. That's a first. Hopefully. Hopefully the last. Okay. So, you were saying Mr. Let's let uh let's recognize that Miss West has
joined the board. So that's our fifth member this evening. [ __ ] you. [ __ ] you. Thank I I don't know how to make it stop. Can we shut it off without Yeah. Do we have to
have it open? Is there a way to shut the computer down, wait 30 seconds, and then fight or just re-enter the Well, we don't have to technically be on Zoom. No. Right. You didn't notice for Zoom anyway. If it happens again, I'll just shut it off. So, let's let's maybe we should
just advance abort the mission and just We are recording this, correct? Oh, no. It's recording through the Zoom. That's how Yes. Can we can we shut the video off and leave the audio on and
I shut the um allow people to stop people from getting in or I think that's a setting that we had to do before that kick everybody out there manage kick out. I don't know who Stephen is. No, I don't know who Stephen
is. I think there was somebody who was someone who was actually watching. Yeah. Um, yeah, that's right. Mike would know how to do this. I'm wondering. Yeah. Yeah. I'm wondering if we can get
to the settings somehow and then change the Yeah, I'm thinking if this just a way to shut the uh video off why why today of all days like going do you know you're still in love with no
public, but we need the recording. Yeah, we need to keep it on on the Zoom because we need to record. But if we were to turn a phone on and re I'm just How do you feel about that? rec record it on the phone and then just
post it on the web. Uh that's just another way problem is that get transcripted right official record. Okay, that's the problem. Are we recording now or no? I don't think we're on right now. Not
on Zoom. Gotcha. Because I think I think with Zoom you have to set the settings first it so that people go into the waiting room. Can you where you have to let them in? Yeah
waiting room or something. You don't admit anybody. Don't let anybody join. Yeah. I don't know if anyone is watching from home. You're not in now or you're in now. We're stopped right now, right? No, we're still Oh, we're still we're still
recording. They haven't tried to get back in. Sure. Why don't you bring up who's like attendees and then Yeah, we have one participant. Yeah, they're not there anymore. You dropped
too. What about invite? Cool. Um, is there an invite? Okay. We can't just mute all other participants. Like you can do that in webinar mode. The pictures were worse
than the uh That's true. That's true. And that's why I invite them. Throw a conspiracy theory out there and say what I do to this baby. We're recording now. We just take a shot now. Hope for the best. Might as well roll.
Recording if that happens. Yeah. Well, let's let's see how far we get. Hopefully, whoever it is could be waiting for us to start up again before he goes in again. He's already watching us anyway. So
the person that was in there was not causing the problem. The one that's in there now left. I I don't see two on I don't think it was there's somebody named Weber. I thought it was somebody normal. I don't think it was He's connecting again. He He went out. I
guess he was disturbed by those. You want to make sure that nobody thought it was him. All right, let's let's give it a shot and see. Hopefully, we will be able to you should be able to see it on pause recording. I'll stop it if if
this comes back on. Yeah, we'll stop it. Okay. Thank you very much, Danielle. Thank you. So, we're recording. Yes. Okay. So, let's let's begin this evening's session. Let's recap where we are and
where we're going and then again we will open it up for public discussion. Okay. So, you want me to say everything we you want to start again? Yeah. Got it. So, um, tonight, as I understand it, we're here to deal with the coverage issue and the coverage issue alone that the wall
had been approved. That whatever issue was now relative to disturbance of that easement area, whatever buffer area, that is something now for code enforcement to deal with. That is not before this board. And that's what you kind of explicitly told me last time.
So, is something changed? So, We're curious to learn and this is not part of the application but has there been any resolve with the removal of the river bend river rock and whatnot? Yes, they pulled it all back to the line.
Okay. So I have photos of it. Okay. the the encroachment of river rock and soils and mulch etc etc are 100% within the subject property and have been removed
from the eastment. Yes. Okay. Going forward after this evening, there may be and there will likely be township requirements regarding the restoration of that easement to the satisfaction of
the park. It's outside of the jurisdictional limits of the zoning board because we're dealing with 100% on the Gilapowski property. But again, we're going to reserve opportunity for the public to have comments question. But I guess my question is is what comment or question would there be beyond the application? The the public
has been very patient throughout this session. Now you're you're late to the game. I know that we we've been dealing with this for 14 months. Mr. Bodco has had it on his plate for 18 months. But the public is afforded an opportunity to
some opinion. There will be some that is outside of your jurisdiction is outside of this jurisdiction. But there is an opportunity to continue the dialogue be through by way of code enforcement with absolutely municipal land use. Like I
said, I tried to reach out. Nobody contacted me and is what it is. Okay. So, let's let's begin your session this evening regarding the Mr. Hollows, can you come on up and walk us through the application space? And Mr. Holl, you sworn last time. No.
Okay. Would you raise your right hand when you're done? Sure. Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. And your name and address? William Hollows, 192 Central Avenue, Sterling, New Jersey. Thank you. And Mr. Hollows, since you're last time before the board here, which
probably wasn't that long ago, your license remains in good standing. It does. You guys are okay. Yes, absolutely. We accept Mr. Hollis. Thank you. Okay. Mr. Dr. Holl, can you take us through um the existing conditions and a little bit about what you were tasked to do here in this
particular application? And is that a new exhibit? Yes. If you could just describe it. This is same drawing that you have, sheet one of two. And all we've done is colorized it so stand out a little bit better. You can kind of see what's going on there.
Um property is on easterly sideway on 11 block 3401. It's improved with a house and that's the tan color. It has a paved drive that goes into the side entry side loading garage. It has a PA patio, PA
walkway, and in the front there are stepping stones that go to the front door. Um, we are in the R20 zone. There are I wouldn't call them existing non-conforming conditions because I believe that this was
actually built under the development uh I keep most people call it Disney modification but it's called the plan development in Berkeley Heights where all the cluster development no two lots are the same no two parcels are the same
as far as area and it was created that way to offer a variety of peaks and valleys Yeah, down well down at the down further on the other side of the road is a very large detention base and that's open space and I think that's
where the but all the lots are in the 15,000 square foot and they comply comply with the uh requirements or asset forth which would be um well you could actually go down to 10,000 ft but these are all 15
lot width was 80 lot depth 120 and the front yard is 40 front yards 41.1. So, we actually meet all of those development requirements under that part of the code. What we're really here for tonight
is seeking a variance for lot coverage. We are over at this point. We are [Music] at 33.21. Okay. And it was
26 then it increased to 33.21 without permits and now you're shipping down at the 33.21 to another
it went it it increased without permits and now we're working our way down but it's still a situation where it was void of the appropriate permits. That's correct. My understanding is there was a a deck there. I believe that the decks were part of
the that subdivision because they were worked to avoid the additional impious coverage. Probably the majority of Cinnamon Ridge are decks as opposed to pavers. I know they're more desirable
these days. Things changed from the 80s, but there was a reason why sloped parcels had the patio day decks, not the patios. Yeah. And actually the house meets the allowable of 15%. It's just slightly under the 15%. The house part
is good. It's really just the other that we're talking about. And I made another drawing. A2. This would be A2. It's the same drawings sheet one two
and we just highlighted the areas that we're going or proposing to tip away at us down to a total of 30% 29. We right now there's a kind of a platform you come out the front door. A
platform would be removed and we would just have something a little bit more attractive just a kind of an arc and then tie into a walkway out the driveway. Um the tan area and it's stippled in your drawings. It would be
area of the patio that would be removed outdoor barbecue area and strip along the rear and then part of the driveway would be removed. So the driveway portions of the any of the highlighted areas are to be removed and
replaced with a pvious surface like grass. Yes. The grass area. Grass. Okay. And the barbecue area is eliminated. Yes. No. I mean, this area possibly put some just decorative this area being the
area right behind the house. Yep. Um that could be either planters or even some decorative stone in that area. But I don't I don't normally consider that to be impervious because it's not compacted. You know, it's just put down as a
surface, right? And that gets us down to 29.9 29.97, right? 29.97 and we're dealing with a 15945, right? Yes, that's correct.
And what we've done to offset that 5% of additional impervious coverage over the allowable 25 is we're proposing a storm water management system in the front yard that would be two drywalls 6 foot in diameter 3 ft deep and the front
roof leaders would be piped to that. So there's no runoff from the the new or reduced imperous surfaces heading further into the backyard. Everything is being directed to the seage pits. Do they already exist? Are
you tying into No, they are not. These these are new pits in the front of the house. Okay. I think when that built was built with a big detention base, everything was heading that direction. And I think some of Holly Mu is also tied in to that as well
by way of easement. Again, we're reducing the overall coverage down to less than 30% and we're providing storm water management for the 5% and the 25 to 30. Any further testimony this evening? Yes.
Um Mr. Hollos, you had a chance to review some of the memorandums that were created by Mr. Sarro and the environmental commission. Correct. Can you take us through the negle engineering and just to confirm
that's the the letter dated March 25th, 2025? Correct. Yes. Maybe we should mark this as exhibit A3 only because it's so new. And I have a copy of the survey that I use. It's current survey topography.
Is that what we have in our package? I think you should this topography. It was one of the questions in negligraphic boundary and topographic survey. And I use that properly. The neglary letter goes through the
zoning that we've just talked about. Yeah, I think we go page. Do you have a copy of the report in question? Okay. Should be right in front of you. There is should be likely a dated March 25th
25. Okay. 4.1 I think. But we're doing that right now. Now we're doing a testimony that is identified in this 4.1. 4.2 would be the contractor. If this were to be approved and really
installed the uh the drywalls and remove the parts of the pavement and the pavers that would really be the contractor title restrictions. We've given you a copy of a sermon. I believe you have it. I didn't I didn't see any uh covenants or easements or things on
our PQ. They appear to be on the Holly Muse neighboring list. Correct. And I reviewed the file map for Holly Muse and they are they find that map and then basically it's a kind of a coverall thing. If anything is disturbed
as far as in the right away when we're doing the uh the dry wells and make a connection into a pipe there, that we would be responsible to bring that back up to good condition. And yeah, once you go out into the rightway, you need to get a
road open road opening permit. uh 5.1. We've done that with this plan that you see before you and the request to put a approval block on here that the board could sign. Chairman, secretary,
we will add that. It's typically planning board, but yeah, but it's okay. Uh I'll we'll we'll double check that with Tom Saro. It's just different. I know that the planning board chair, the planning board secretary that maybe the attorney sign, but yeah, not usually for
this. I haven't experienced that or have been asked to as far as the zoning board, but if that is a prerequisite and legal sign off on it should this application pass. I don't really know what he means by
discrepancies. Maybe there was a drawing before this one, but the ones that you have before you tonight are based on the current survey and I utilize that survey as my base drawing and then I developed the plan that you see here. And Mr.
Hollowos, there was an issue when he talks about discrepancy. I guess there was a a back the back left corner. The pin was not in the same spot, but when you did it, you reset it, right? Yeah. Uh it was reset. The property corners were reset. They weren't really very close to the corner.
What are they? Iron pins now. They're iron bars with a cap on them. Any other issues or conditions with Mr. I really didn't have any comments. Um, as always, the storm water system I
would be in contact with Mr. Sar. We will go through that. My suspicion is that the soils aren't very good. Then we probably have to have a uh a small orphice that would drain the bottoms of the drywalls out at a slow rate where it's more the size of a garden hose than
a uh should this application pass subject to the review and the approval of the bar. We aren't proposing any breeding changes. You know, the backyard's relatively flat. Okay. the the grade has changed.
Well, before I move on. Yeah. And there just a little bit more engineering detail that would be done. But again, that would be when I go through this with Mr. Sire as the drywall system. You're just looking for inverts on the pipes and the top of the
drywall here. I think that's really a lot of it had to do really with the drywall because it's the only thing that's proposed to be constructed. Did that conclude your testimony this evening? Well, the last thing is just you had a chance to review that.
Okay. Yeah, we got a favorable. Yes. So, any issues with any other comments on the environmental commission memorandum? No. They indicated that they recommend approval. Correct. That's correct.
Okay. I think I'm going to ask any of the board members at this point and you will have another opportunity. Uh any questions or comments regarding the testimony provided this evening? Mr. Degan? No. Thank you, Mr. Deia. No, at
this time. Thank you, Miss West. Thank you, Mr. Greenwood. Not at this time. Thank you. I would like to make a motion to open up the meeting to members of the public that have a question or comment. May I have a motion by Mr. Degan? Make a motion to open up to the public. I have
a second by Miss West. Second. The meeting is now open to members of the public that have a question or comment. Thank you. Swear you in too. So, if you would raise your right hand. Sure. You swear to tell the truth, the whole truth, and nothing but the truth. So all begotten. I do. Thank you. And
your name and address? McCi one Ali Muse. Thank you. So it's good to see everyone again. I think I was here back in October, five months ago. Think that was the last you were. It was October. I thought you were in January. I missed the January
one. You missed the work. So um welcome back. Thank you. Yeah. No, it's good to be back. It's uh it's unfortunate we're still dealing with this. Uh you guys have been dealing with this for two and a half years now, which in and of itself should make you pause and reflect why it's been on the agenda for two and a half
years. Cut to the point. I object to the variance. Okay, that's my position. Uh separately, I sent an email earlier this week to Tom Bako and Tom Salaro to deal with the enforcement matters. Agreed. We'll deal with that separately.
Uh the increase in the lot coverage here is increased in puddling and flooding in my yard. Now effectively with the grade change and the increase in impervious coverage. You used a good analogy last time. My yard is the bottom of the
teacup, right? You got Mountain Avenue. You said soup bowl the teacup soup bowl teacup. But you got Mountain Avenue up here. You have There's a reason why it's called Overhill. You know Ridge and Mountain Avenue, right? my yard and the guy behind me on
overhill. Those are the two low points. That's why the house behind me has the big municipal catch basin in the back that goes over to that drainage pit. I have a much smaller catch basin that was put in when the Holly Muse development
was put in. cannot handle the volume of the three houses up slope from me plus the three houses from overhill. That's effectively what's happening. The regrading of the yard and the size of the patio is
increasing the storm runoff. I got a picture here and pass it over. You can mark it. This is St. Patty's Day. So, let's mark this as exhibit 01. And if you could just describe. So that is the rear left of my
property. So I have a culvert between my neighbor Joyce Edwards and my property. Yep. Because I have the drain on my yard. So I wasn't going to be a stoouchge and make a dam like other people do. And screw her. That pipe can only handle so much volume of water. And
when you get a moderate rain, it overshoots the drain and it just collects like a pond. Got nowhere to go. And it sits there for days. and my sump pump is going and going and going. So when you think about is it okay to just increase the impervious coverage in the
backyard? Well, for them maybe, but for me, no. Not good for me. So, you know, when I you know, and then you get back to the fact that all this work was done without permit. I think if they were here before they started their project, I would be
surprised if you would have permitted it the way it's designed. um enforcement matters. There's significant storm water being redirected into my yard. Dealing with that separate. So then I'm looking at the application here and it's a hardship
application. That's what it's called, right? So I, you know, looked up what the New Jersey statute on a hardship application is. You guys are familiar with this. It says okay paragraph 40 55D70 one of
three things by reason of an exceptional exceptional narrowness or shall shallowess of a shape of a specific piece of property. We don't meet that criteria here by reason of exceptional topographic conditions or physical features uniquely affecting a specific
piece of property. We don't meet that criteria. And then thirdly, by reason of an extraordinary or exceptional situation unique and affecting a specific piece of property where the application of the regulation would
result in difficulty. We don't meet that criteria. It goes on to say, assuming you met one of those three criteria, any variance that is granted cannot cause harm to the public or the surrounding properties, which is what's
happening here. So, you know, it's important to kind of just stop and think about what happened here. When they bought the property, it was just slightly over the coverage slightly. They went and they expanded it
significantly. They created the hardship and now they're looking for a variance to cure the hardship they created. It's it's nonsensical. So, I don't think they should get any variance. They should go back and comply
with the code. That's that's my position. You know, my yard is a swamp. That shouldn't be okay. Shouldn't be okay. They very easily, to your earlier point, they could have replaced pre-existing deck with a new deck. They
would have avoided this headache. They could have constructed a smaller patio. Would have minimized the impact. They didn't do that. They could have just complied with the code and the ordinances. They didn't do that. And so now I'm here as the bad guy
trying to enforce the code and call foul on all these different problems. Not my job. I got I got better things to do. They haven't met the burden of proof to get a variance because they don't meet the criteria. They're causing harm to
other properties. I don't think they they they pass. When I was here last October, the directive was speak to Bako. That was my takeaway. Never met this guy over here, the attorney who says he gave numbers
out. I don't know him. He knows where I live. If you had a question, he could have come asked me. It's ridiculous, but it's very simple. Okay. Yeah. You gave me direction last time. I met with his wife. Mr. Bower was there. I met with the neighbor. I'm not going to be called
out like I have like it's my job to go knock on a door. You guys caused something. No, I didn't cause anything. Okay. So, keep smiling. Okay. So, in the meantime, um I gave them my email. I gave them my phone number. That was almost a month and a half ago. Okay. I
was directed and I've solved more problems probably for in this town than any single human being and bad ones. And I went there, I walked the property, Mr. Bower. I told him again, please have Mrs. Johnson, have Mr. McCy, Mr. McConna reach out to me. I want to help solve
the problem. Can't solve a problem if you don't want to enter dialogue. You want to come and throw your arms up in the woods. It is what it is. But I'm not gonna be called out like it's my job to go knock on the door. Okay. I'm just Thank you. So again,
uh I sent the email earlier this week because I feel five and a half months has gone by. I expressed my concerns last meeting. Mr. Safaro and Mr. Bako came to the house shortly after the October meeting. You talk about all these
different things around the enforcement matters. Everyone's nodding in their head. It seems like we have general Yep. You got a fair point. Five and a half months goes by. I don't hear anything. So now I sent the email this week. Very specific. I got a copy of
it. You guys can have this as an exhibit. Well, unfortunately, I don't think that's before us. Okay. So that's between Mr. Bako, Mr. Safaro. It's with Bako and Safaro. So we'll deal with those enforcement matters. So to recap, I
don't support the variance. I'll deal with the enforcement matters. Uh, and at the end of the day, as you reflect on these comments and you make a vote in a few minutes, anyone votes yes, I would appreciate the basis
for the yes because my next visit is to Angie and the town council because what's happened here from day one has been completely ass backwards. Pardon my language and it's at some point I'm getting pretty frustrated. Separate matter about all
these areas. He always is a dozen trees missing. I'll submit this to the record. They had permission to take down one dead asht tree in the backyard. And Mark, this is exhibit O2. Guess what?
The dead ash tree is still standing and a dozen live trees not on their property were removed. And that was from the book without permission. Correct. And you own Yes. Your property incorporates both the drift zone and the buffer correct east
correct. And what they've done to my neighbor Joyce's, you know, privacy, I'm sorry, you can't speak for Joyce just because she's not here, right? Is just horrendous. It's ridiculous. So, all these nice drawings and everything else, I don't approve.
And if this gets passed, our next visit is to town council and we'll we'll continue to debate things. That's all I have. We appreciate Thank you very much. We appreciate your time this evening. Actually, I would like to cross-examine them because obviously it was testimony. It really wasn't a question for Mr. Holland, which was supposed to be. So, I
did say questions and comments. I I had one last comment first if you don't mind. How does putting a dry well in the front yard alleviate the expansion of the impervious coverage in the backyard? We're going to let Mr. Hollows who
provide testimony to the sizing of the structure that's proposed in the front yard this evening and how the flow works. actually by taking this roof leader drain. My understanding
is right now goes to the back of the property, not to the front towards the street, goes to the back and putting that in the drywall would reduce um a substantial amount of runoff that would have been it is going there right
now. Did you verify it's going to the backyard? I didn't see the pipe. I was told I didn't see it either. So, I don't know where it goes. My understanding is that it just goes in into the lawn in this area whether it's a popup a popup emitter or something
like that. But it's now going to be directed to that's going to be directed to the taking probably at least half 50% of the house leaders will be directed into the news. That's correct. which is a significant amount. Significant amount
and makes up for that patio. Hold on, Mr. Hulk, because I just got a couple questions for you. Um, procedurally just because of the way it's got a little bit scattershot. I just want to redirect Mr. Hollis on a couple things to answer some questions and then I'd like Is there another member of the public that has a question
or comment? I'll wait. Why don't you, Mr. Santo, continue? So, Mr. Halos, let's not talk about because we're apparently talking about the entire subdivision. Now, let's not talk about this property right now. Let's
talk about um this property to the left, this property here, Mrs. Johnson's property down to Miss McCy. What's the rate? How does the water flow? Water flows from north is the left side of the drawing. South is towards the uh
title block and it goes from north to south and then it goes across a little bit from an inlet down a little bit further across into the ent it catches underground into the basin that's across the street from the subject parcel. Correct. Yes. And and visualizing or
going out here and actually taking a look at it. There are two swailes that go along this property. There's an upper swale that's directed towards a pipe that comes through the stone wall. Then there's a lower swale which was where
the gravel area was. But I don't I didn't see how the water could go from it goes into the first swale but it's not this lot. The PQ is not contributing to that area. But the swells no longer exist. Correct. No, it's there. It's
there. It's there. Yep. So Mr. Hollowos taking the conditions because I know you can't see topographically right I mean obviously the you know what I can introduce this and then send the picture but to give you an idea of
what the condition looks currently like so the board has a better idea these are the current conditions okay so we I will submit and I'll I'll print it and I'll submit it tomorrow just this part of thing okay and that's a photograph that you took
this is a photograph that my client took Miss Gabowski, which she can authenticate. Miss Gabowski, you step up. I thought I want to submit this one. Yeah, let's just one at a time. Miss Gabowski, you had sent me a few photos the other day. Were you supposed
to report on me? Is this a depiction of the current conditions after removing the river rock? Yes. Okay. Just You were already sworn, correct? Okay. So just so everybody has a handle on it topographical stopping take a second for
each person's hand first there's obviously the wall that's the remaining river rock everything is pulled back as per direction the line is snapped from point to point and then that area in there is the kind of the drop and then there's the runup where is the so so
this is the soil going down and then this is the the b up on Johnson's that runs down So the water stays in that. This is the subject propert correct subject property the river rock up to the line of disturbance up to the
property line. So the swale works this way. The swale is coming from it should run it runs down from up here north to south. This is the high side. Okay. So so this is the left side of the cover running down. So, so it's bringing the
water coming from up from upper point here running down and then we see how that property comes back up and the water runs down this channel. Okay, I got Miz West and Mr. Just let the
public take a look at that part of the river. I'm going to pull back. So if you see on the plans, all this stuff here, all this notation that was out of their line, now it's all been pulled back into their line and then the water is coming from behind because that there's a space. The
trees are all here. Water runs down through the channel. They see it loops up. That's what condition. So this is what they Yes. And if you could please show the public 45 degree angle pitched right to my
property line. Prior to this there was a 6ft swell. If you look at the house right next door 6 foot wide put in with the original development swell to take the three houses above and get it to that municipal cat base from mountain beyond
your house. And then now we've got a pencil all the lengths right to get to the catch. We got a pencil point at the property line. That's what we have right now. Okay. Now, Mr. Holl, you had a chance to look at all the conditions, right? When you you walked the property, you looked around. Yes. You mentioned something
about there's a drain that's on the Johnson property goes to the mechanic of the property, right? There's a pipe that goes through that uh the stone wall that's out there. There's a wall, right? Yeah. There's a there's a big what's it like? 18inch pipe roughly. 15. 15. Okay. And then to
your point, there's like a separate swale that's on the Johnson property, right? And then there's the trees. And then there's this depression. I don't know how far up it goes where it could be one, but it when I looked at it down in the opposite our subject property, there were two swailes at that time. I'm
not exactly. So water's running a little bit on her property and then behind this property to the line. Right. So there's two separate channels. The water's not resting and going. No, there's two separate channels. One directed at that pipe. Right. So realistically speaking,
obviously you and I don't even begin to know what exactly it looked like before. So certainly the water is still flowing down in that channel following the same patterns. That yes, fair to say because obviously it can't go much further
because here's the here's the uh well all of the trees and then the storm wars on the other side, right? So the um can I point that out on the photo too? We're gonna let Mr. Hollows
finish his testimony with Mr. Santo, Mr. McCamaki. You'll have an opportunity. Mr. Bower I believe has an interest and we will have all voices heard. So now all things being equal relative to the property in itself when you when you did the topographical survey and now you've
done this drainage plan and you've dealt with this forgetting about how we mechanically got here. Do you see this as something that you've now been able to address through the storm water management mitigation that you would do in any
forgetting how we got here? Is this something that would be this is something how you would normally do you see anything abnormal relative to the storm water management, how we're dealing with trying to mitigate some of this stuff in terms of how the topographic. No, no, I don't see any how I would have
done it differently. In fact, I went in and I sat down with the Mr. Saro. We went over this together. So, to me that was a logical spot to put it because I had an outlet.
So, I know that we've discussed some other things, okay? Okay. And I know maybe it's a little bit beyond you know what this particular coverage is, but the plan that we've discussed is to in order to screen everything is to plant a
row of arborite along the back wall to be able to help adjust that and there'll also be a burn which also correct me if I'm wrong when they get planted that will also create as an additional sheet flow. There's no like you're dealing with grass so there's really no water
running off the wall. Is that fair to say? Well, there won't be once you plant or provide and have a little bit of a berm with mulch in it. No. So, so you don't really see this patio in any way contributing to any additional actual water running into
this swale ement, whatever you want to call it. I think we I think we've mitigated the problem with that extra 5%. Okay. And also based upon the topography and and the fact that it's, you know, grass and also that
you're going to now put this thing, there's really no water sheeting across the property under. Yeah. Right. The the lot now is the back of the lot is relatively flat. So water is not going to run there fast like it like it would when you see the contours closer together and the
contours are further apart which means it's flatter and correct me if I'm wrong but I think part of this disturbance was they created a retaining wall to flatten it which would have only with that pitch would have increased the runoff essentially right yeah previous yeah it probably does back towards this corner
when it was before yeah towards the uh southeast of the corner right okay so all in all despite the fact that how we got here between the reductions and how you've calculated it and obviously what the intentions are of planting those trees and I know we also talked about
one other thing about planting some trees in where that were two there were two trees in the gap that we talked about putting in obviously we needed permission because I know you talked about that with Mr. so far at some point. Correct. Correct. And we have no problem planting those trees in that gap to help fulfill the buffer on that side
as well as create the screening on this side. Correct. Correct. And this is what I was tempting to try and talk to people about, but nobody wanted to seem to have to have a discussion about it. So, um, relative to uh any other
comments, he indicated that Mr. McConny indicated that there was no justification for a particular um under each particular C1, C2, C3 that there's no justification. Now, you obviously are licensed professional
planners as well. You've been boards a ton of times. Um, in this instance, this lot is obviously a substandard lot in this sub which creates an automatic hardship relative to, correct me if I'm wrong, automatic hardship in terms of
the size of the lot when you deal with any future improvements to it. It's correct. Okay. All right. We're going to have Mr. McCicki finish his thought and then we'll hear Mr. Bower and then we're going to close it too.
So looking at this drawing here previously five to six feet of the rear property line was a engineered drainage swell that was put in with the development when overhill was put in place engineering was if you
go to the house right next door and you're standing in that yard that has the catch basin and you're looking at the 20 overhill property what you see is a block fall. It's It's a It's a swell to
nowhere. All this water that's coming down from Mountain Avenue in the two houses above 20 hill, it is coming down. And because this wall is right at the corner of the property, this water is coming this way and it's going this way and then it's coming my way. That's
that's what's happening. Not rocket science. Again, I don't think they meet the criteria for variance. They created this problem. We shouldn't now just make it up to say, "Okay, we're going to give them the variance now
because they put themselves in a bad spot." Not my problem. So, enforcement, I cited several sections of the code that Mr. Safaro and Mr. B didn't get back to me on. This all should not be here. and the
impervious coverage. I would like to do things on my property, too, above and beyond what the code allows. But that's not right. I don't do that. Everything I've done on my house by the book. So, I don't see how they get a variance
here. If they get one, I'm going to make some noise. Mr. Bower, try maybe. I I swear you in last time prior meetings. Okay. So you remind us of Yeah. The picture you're looking at where the stone was removed, which is now the
swale, that's on Memphis Johnson's property. So if you look at the pictures, there's about a foot space between the wall and the property little more down here. The buffer easement is going to
come out to this property line when it's replaced. So what Jim was trying to say is the swell was over here before, not back here. So the bufferment's got to go back in here where all this stone was.
It's only going to leave a foot at this end. And you know, I don't know what that 2T 3T at that end, but the swell was back here before. So what you're looking at is the current swell. It got pushed on Mrs. Johnson's property on on Jim's property.
So something's got to get done to not leave the water on their property. That's what they're trying to get the point to. So if you look at I think Did you turn your pictures in? You can see the property stakes that are in the picture. The new property stakes that the new property stakes. So the buffer
easements got to come out to that. That won't be a swell anymore. So somewhere the swell's got to get replaced or water pipes some other way. Would you like to Y add one more
photograph? Exhibit 03. Oh, it's two of them. Okay. 03. Well, they pulled the rocks back just the other day. And that red line is a stake. Correct. But I had to take it myself because when they st their property, they didn't replace my
stake that they took out. I think looking at some of the pictures, it does look like there's a swale there. Unfortunately though, it's on the wrong property. Unfortunately, Mrs. Johnson couldn't make it tonight cuz she had knee surgery. So, that'll get replanted at some point
with the buffer or the buffer will get built back in where the burm was. Hope there's something on our side. Please, M. Mr. B, any other comments? Thank you. Uh, Mr. Santo, Mr. Hollows, did you have
comments? And I believe Miss West, we're gonna the board members will have a question at this point. Okay. So, Mr. Hall, you um can you please just recap for the board because I know there's constant mention about these easements. Can you take us through all of the engineering review that
you've done and explain about what they're saying and why you think it's incorrect? Well, there are no easements on the subject property, our subject property. The easements are on the Holly Muse side of the subdivision.
So, I don't know why I mean I can't see it before, you know, you know that. But the con the you've got a buffer easement and a uh drift zone and a conservation in another
portion of the subdivision. Yeah, I would I would have thought especially since this subdivision of our was the one that was first. Yes. that if they thought there was a problem, they would have put an
easement and then done something on all the lots down to the drainage that goes over to the detention basin. That wasn't not the case in this instance. And the easements are actually on the Holly Muse subdivision properties. Excuse me, Mr. H. Is it possible that
even though there was no easement, there was a swelling? I didn't see it, but it's certainly possible. I did not see. Okay. men's west. Yeah. My question was uh along the lines of that. Where is it
possible that where all the current rocks are, there was some vegetation that was there that mitigated some of the water damage in the runoff um I know we did just get that there were some trees that were due to be removed um or
that were removed. So would that have also mitigated the potential runoff that home other homeowners are seeing at this point? Yeah, I mean that's possible. I I did not see any vegetation when I went out there when I was engaged to do this
project. No, it was really what you see on this drawing. These are the trees. This is was the uh stones that went along the uh easterly property line and then the retaining wall. That's what I saw. I don't have any knowledge of it
before. I'm just pointing things that in my engineering mind when I look at it. You know, you've got easements over here that I would have thought Holly Muse took care of of swale and that as a as a professional engineer,
your only ability is to make an assessment based on the site as you see it now. That's two years after the contour was changed. Correct. Year and a half, two years somewhere in that time frame. So understand it's
possible that when that was developed easement or no easement to Mr. Delia's point that that property was contoured to deal with water but you don't know that because you have no access. You're only making your your evaluation based
on the site as you see it today. Right. Yeah. Let's let's one more set of comments and then we're going to close it to the public. Uh we have other applications this year. When we built the Holly Muse subdivision, the buffer easement was required as part of that development. That's why it's an ement on
that property. It's the 20ft driftway and 10 ft of that is the buffer easement. there was a natural swale and if you stand either here and look through or down here these people have even put stone down and one has a small
wall it like going along here. Uh but you can see there was a a natural swell where the wall is now. So that's why something has to be done with the water that's coming from here like this
goes where the swell used to be but it was a natural swell from the overhill development and then what was done on poly muse side was based on that development was the 10 foot buffer easement and the uh within
that 20 foot brickment. So it does create two different there is they do have their own swell on this side and they all meet behind Jim's house. So I just had one. We keep talking about this and I just want to try and get it.
Mr. Hollowos, can you indicate what this is right here when you look at the where the wall is and what's the on adjacent property? There's a wood fence that goes up along the rear. wood fence is almost like a natural dividing line because the
correct me if I'm wrong because the water runs behind these properties behind all this heavy higher burn plantings of all these pine trees and it channels right down along that fence and it follows because the wall is actually behind the fence correct that's what
shows on the plan so the water is coming down through this area and it's still between this wall and that burn right that's where it's Right. Nothing changed in that sense. No. Well, I mean, I can't imagine that anybody went this far over
there. You can see the contours. There's a swale that goes down towards that stone wall and then there's another swale that goes down on the other side of it. But the fence continues all the way through and splits. Right. Yeah. And the water spins behind the fence, right? The buffer easement arm was removed and
that would when it gets rebuilt will be back to the property right here. Okay. So that's the property line. So what's now the swale in the pictures where the stone was removed, it looks like this is the swale now. That's Mrs. Johnson's
property. That was the buffer that has to get restored. And what we're saying is is that if the concern is a buffer, we have no problem with planting the entire not the buffer. Right now, this is where this water's going down through here and continuing down here, right?
Based on the pictures, that's where the stone was. the water is continuing down right through that has to get put back as the buffer. So that has to get built back like the burm that's back here that's got to get continue back out and that'll be a foot off the property line
here and whatever this is down here 2 or 3 feet. So the water that was naturally flowing down now it's going it's been pushed onto Mrs. Johnson's property. There's no water coming across that burm to Mrs. Johnson's property whatever on the
property because it's the thing but the burm was here before once again the burm's got to get put back to be hearing about the burm is put back there's no place for water because the wall is in the swal comment one final comment and we are going to miss kowski I just want to
have they excavated the burm okay I had a two foot three foot mound with trees vegetation a dozen trees beautiful 50 foot white pine took it They've pushed the low depression over
the property line. And when you just pause and you say, "Well, why are we even debating all this?" They took it upon themselves to do all this work without any permits. We don't have a day one topographical
survey. We have no idea. I can tell you that there was a swale in that yard, no different than the folks behind me, no different than Mr. Merlo. You want to get a good idea of what that yard looked like? Look at those other two houses. Catch basin's right behind me and the person on overhill. The two houses
coming in at the channel. Channel is gone now. So that's that's I'll look for pictures. I'll try to find some pictures. Seeing no one else, I may have a motion to close the meeting to members of the
public. So moved. We have a motion by Mr. Mr. Ringlet a second Mr. Deia. The meeting is now closed to members of the public that had a question or comment. We appreciate your time. Mr. Sanator summation, please. So, you know what?
Not sure exactly what to say. And the reason why I say that is under the impression this was a hearing about coverage. And it didn't really appear to be a hearing about coverage at all. appear to be a hearing about the buffer which you know becomes a code
enforcement. Yeah. So it's a code enforcement issue. So so when I when I look at this you know and I look at it and obviously I'm late to the party. I get it but late to the party trying to bring a solution and I think at the end of the day they went in at one point in time
and they they got a permit. Now, whatever the disconnect was, okay, relative to this, cuz I think it's important because it painted like they just decided to tear up the entire neighborhood, they actually went in, they got the permit for the retaining wall and Mr. Boco and Mr. S Faroh were
out there on numerous occasions while they built the retaining wall and then obviously they said they put stone and a lot of things had happened and now they pulled it back because they didn't hear anything for a while. So there's a lot of stuff that's been a little bit of a waiting game. And I think part of the direction in between where we lost a little time in this last six, eight
weeks was that they said, "Hey, let's see if we can get the people to talk." But they didn't. So um the main thing separate and apart from that is part of this issue is is that there is actually no easement shown on any survey. So when they went in and I don't fault Mr. Bakist or Mr. Sper, anybody or my client
for that matter, they took a survey that they got from a professional and there was nothing on it. It wasn't about buffers or transitions. They didn't say, you know, they just went ahead and, you know, and and and did this improvement and got their permits and approvals, but then obviously they did other things
that really, you know, weren't correct in terms of getting this patio in terms of the coverage. They started out at 26% to your point, so they were already over when they bought it. And then, you know, but I think if we take all that away for a second, we have a condition in the
situation. And that situation is as follows. We took up a ton of the coverage to try and get it to a point where it would be what I would consider to be something that would be consistent to what this board has done in the past relative to these types of properties
when you're dealing with a, you know, you're already almost 5,000 foot deficient in this lot. So the exceptional hardship here is is that you're taking an R20 zone, okay, and calling it an R20 zone, but really, you know, it's a 15,000 15,000 and it
automatically puts you under that pressure. So you take a look at the, you know, the R10 zones and all these different things and how how the township works. R10 sits in like that 30 thou 30% range. So generally speaking, we I know that, you know, while there's no perfect
animal, the idea in theory is to make sure that we're retaining and not contributing. And I think Mr. Sofaro um obviously has his whole comments that we agree with, but Mr. Hollow spent a a decent amount of time working discussing this with him analyzing this going out
doing topographical testified as an expert of which there is no experts in their you know counterbanding anything other than they say well I got water well the water has been running downhill forever there so I don't there's nothing according to Mr. hollows and his
engineering analysis of what we're capturing and what we're reducing. This is a better condition than existed before the time of the inclusion of this betting. Okay. Okay. Thank you very much. So with that said, does any member
of the board have a com? I have a few comments, but Mr. Ringway, I'm okay for now. Ms. West. Okay. Thank you, Mr. Degan. Uh, nothing right now, Mr. Tia. No.
Okay. Um, I'm struggling with this application. I'll be perfectly honest with you. This has been 14 months for the zoning board and I know Mr. Bako, Mr. Sarrow have been dealing with this quite some time. This falls under the realm of a forgiveness application.
Uh there were items there were actions taken prior to final approvals with the fence with the retaining wall with the with the change in grade. You know I am a little hung up on some of that. I I I I'm not a fan of forgiveness
applications. I'm not using that as my uh reason for I'm going to vote no on this application. Uh you know there is a significant change in the grade. The topography has changed. There's been some removal of vegetation. There's been a compromise to the drift zone in the
conservation easement, the buffer easement. Um, you know, I'm I'm familiar with the parcels. I've driven the area before. Yeah, I'm a little concerned that, you know, you had a house property in the valley and it's further in the valley with a with a retaining wall
feature that's there. So, I would not be in favor of this application. uh comments or any questions from any of the board members? Okay, hearing no one, may I get a motion on this
application? I guess my question just from a overall perspective, obviously we're at 29.97, we dropped it significantly. The way I'm hearing it is you wouldn't approve anything. That fair to say I I
have objection to the application considering the impervious coverage. Yes. Got it. This Okay. Just want to understand. Okay. Um Ms. Wolf, it seems like this may be a vote
to deny. Um can you just please explain that a yes vote is a vote to deny. Can you just explain that to deny? Then you're voting yes to deny. So, whoever wants to make that motion or somebody can make a motion to approve and it would be yes to approve.
I get a motion on this as a yes to deny the application. I'll make a motion to deny motion by Mr. Dean. I'll second. And we have a second by Mr. Ringwood. A yes vote is a a vote to
deny. Mr. Sullivan, yes. Mr. Dele, yes. Mr. Ringwood, yes. Gusman, yes. Mr. David, yes.
Thank you. We we we know this is an emotional application. We do appreciate everyone's professionalism and time. I know that there are this was one of these applications where no one is happy, no one is satisfied. uh we do have to exercise our rights as
a zoning board and uh the vote to deny has been affirmed. So, thank you very much. We appreciate your time this evening. Thank you. We're going to take a fiveminut recess and we'll let Miss Alonso queue up and then we will hear you shortly. Thank you. Uh what time is
it? 8:18. So 8 8:25 will be ready to go. Thank you. So, Miss Alonso, you you are here for the 58 River Road appeal of the zoning office decision and there's been a
change. Yes. Um, we would humbly request that the matter be carried to the next available meeting date possible. Well, I understand. Sure. Please touch base with Connie. I think she's in the office from 8:30 until 4 or so tomorrow. We will do
the very best we can to accommodate you sooner rather than later. We are extremely busy with both commercial and residential applications. But a April and and probably May are pretty tight at
this point. But should there be a change or should something come up since this is an appeal and it's not yet noticed noticed I don't know that we have to carry could almost be something done. You don't need the the 10 days at the fans because there's not notice, but we
will be the very best. I I wish you gave me a a hands motion if you made this decision a while ago. We would have just we would have just tried to stop, you know, you could have got to delicious an hour. All right. Well, we appreciate it
and then we look forward to seeing you at another opportunity and we'll touch base with reach out tomorrow morning. Get her at 8:30. Let's see what we can do. Connie will call me. We'll coordinate something. Okay. Sounds good. We appreciate your time and I'm sorry that you we're behind. Okay. Thank you
very much. Thank you. I got a motion to open up the meeting to members of the public. We have a motion by Mr. Tia. Second by Miss West. Second. And all in favor? I meeting is now open to members of the public have a question or comment.
Seeing no one, Mr. Dean. I have a motion. Motion. Second by Mr. Deleia. All in favor? May I get a motion to adjourn as well? Motion to and I have a second by Mr. Degan. Second. All in favor? Okay. The meeting is closed and
we look forward to seeing everyone in April 20th. [Music] 4th. Okay. See everyone soon. Thank you very much. I'm not certain, but the April meeting