She's good. Good evening everyone. Welcome to the uh zoning board meeting. We'll do the pledge of allegiance. Pledge allegiance to the flag United States of America and to the republic for it stands one nation under God
indivisible with liberty and justice for all roll call Mr. Cerrito here Miss Shaw here Mr. Jabra here Mr. Johnny here Mr. Patel here Mr. Schneider
here Mr. Dvet here Mr. Sedata here and vice chair Gorman here. Thank you. Okay. A motion to approve the minutes on March 25th, 20125. Motion. Second. Motion by
uh Mr. Schneider. Yep. And uh second by Mr. Patad and um roll Mr. Cerrito. Yes on the motion. Mr. Johnny. Yes. on the motion. Mr.
Chabra, yes to the motion. Mr. Schneider, yes on the motion. Mr. Patel, yes on the motion. Mr. Det, yes on the motion. Mr. Sadhan, yes on the motion. And vice chairman. Yes on the motion. Thank you. Motion to approve resolution
Z1-2025 Patel for approval. Motion to approve by uh Mr. Patel. Second on the motion. Schneider second by Schneider. Roll call. Mr. Certo. Yes on the motion. Mr. Johnny. Yes in the motion. Mr.
Chabra. Yes to the motion. Mr. Schneider. Yes on the motion. Mr. Det. Yes on the motion. Mr. Sadhan. Yes on the motion. And vice chair Gorman. Yes on the motion. Thank you. So in reference to um the carried to
August 26, 2025. There will be no renotice. Case number Z02-2020 Lam more advertising of Penn LLC 81 and 101 US highway 1. So anyone who's here that will not be heard
tonight and also anyone um that'll be heard on August 26, 2025 and there'll be no renotice. This is the notice. Thank you. Good evening ladies and gentlemen. This is a regular meeting of the township of Edison zoning board of
adjustments. The board is comp composed of Edison residents appointed by the municipal council who volunteer their time in service to the board. The municipal land use law requires that members successfully complete a land use training course administrated by the New
Jersey Department of Community Affairs. This board holds an in-house training conducted by our board professionals. The zoning board also abides by the provisions of the municipal land use law in addition to our board's bylaws. The zoning board is a quasi
judicial land use board which differs from the township planning board. Under the municipal land use law, board members are required to be impartial or not allowed to discuss any case prior to being considered at a hearing. All applicants have the opportunity to
present their case before the board along with the opportunity for board members and board professionals to question the applicant and their witnesses. At the conclusion of of the applicant's presentation of the case, the case will be open to the public. Residents within 200 ft of the subject matter will be heard followed by the
residents from outside 200 ft. All residents are sworn in and will provide their name and address and then will be given six minutes to comment on the application being considered without an opportunity for rebuttal. Residents may ask questions of the applicant, the applicant's professional or board
professionals. The more the board requests that questions asked prior to any commentary be made on the application. Once the commentary begins, the reticence timer will begin. The applicant will be allowed to opportunity for crossexamine of the witness. Under
the law, the chair is allowed to stop any commentary which is repetitive or an attempt to filibuster the board. Further, the chair is allowed to stop any commentary which is irrelevant to the case or prohibited by the board's consideration. Once the public portion
is closed, all public comments are ended unless new testimony is present by the applicant. Following the closure of the public portion, the applicant will be given the right of summation to their application. Following the summation, the case will go to the board for a
decision. This procedure has been followed by the board and similar procedure is followed by the board of adjustments statewise. The municipal land the municipal land use law requires the board to engage in a balancing act and is not required to strictly apply
township ordinances, zoning or master plan. As a board of adjustment, var variances are granted when the appropriate necessary following are all legal considerations. As been the case for prior boards, this CA this board will see where we are at
in the session around 10:30 p.m. I ask the applicants, professional and residents show respect to each other and be se civil through all proceedings. I ask that you withhold applause, booing, or interrupting anyone while they are speaking. The chair will not tolerate any outbursts by applicants,
professionals, or public. Further, since the CA most cases are being recorded by a court reporter, I ask that the speakers do not speak over one another. Madam Secretary, first case on the agenda, case number Z23 2024, Mayor Condwall at
41 Terry A. Applicant is seeking bulk variances to construct a new single family dwelling. The following standards have not been met. Total sideyard required is 18 ft. Proposed now is 16 ft. Building height required is 32 feet. Proposed is 33 feet. Max percent of lot
coverage required is 23%. Proposed is 23.48%. Affected property is located in the RB zone designated as block number 643.22 lot number six on the Edison Township tax map. All noticing paperwork is in order.
Rachel, I just have to read one item. The Township of Edison zoning board of adjustments regular meeting on on is now in session. Adequate notice of this meeting as required by the Open Public Meeting Act of 1975 has been provided by the annual notice published in the Home
News and Tribune on December 13th, 2024 and has been posted in the main lobby of the municipal complex on December 18th, 2024. Thank you. Mr. Condwell, pull the microphone closest to you.
close and it's and if you would raise your right hand, do you solemnly swear or affirm to tell the whole truth, nothing but the truth? Help you God. Um, make sure that's on and let's hear you again. Yes. And state your full name for your
wall. Okay. Okay. See, so uh in January uh I submitted the first plan. Uh the sideyard required was 18 ft. In January plan it was uh it was
proposed 14. I was asked to adjust. So we submitted the new plan which is now 16 ft. The existing building right now uh has already uh variance of 14 ft. So we are improving
it. Uh building height um in January meeting uh was 34.9 ft required as 32. We adjusted the building height to 33 ft. Also we removed the staircase which was requested by one of the board
members uh going to the attic. uh lot coverage which is required 23 feet uh in January meeting it was 23.94 we improved that to 23.48 48 ft. I
will request the um members to approve it and um let me build my home. Okay. Any questions? Go ahead. Go ahead, Mr. Denture. No, I'm good. Okay. Are there
similar properties in in the area that that um meet the same specifications as this application? Uh I haven't researched that but in that area there are uh multiple homes which
have even less um sideyards but as we discussed when you were here last time you had mentioned it and you didn't present any information on that and today you don't bring any presentation that there's similar properties that meet this specification.
Uh so I had couple of options either I go and do do the research and argue about it or I improve it according to the board members. I improved it uh and I resubmitted the plan.
Mr. Chairman. Yes. Go ahead. M uh question. So you mentioned the existing structure is how many feet? It is 14 uh so 7 ft on each side and now we are improving it to 16. So we are going to
make it 8 ft on each side. Got it. So so we are improving the uh what it exists. Thank you. On drawing A-1 the the dimension there from the side of the house to the property line is 6.33
feet. Is that what you're proposing to do? 6. Look at drawing A-1 sheet two. That is existing. That's the existing, right? It says proposed twotory frame dwelling.
Oh, okay. Yes, that is what uh we want to do it. Total 18 ft. Uh total uh 16 ft. So the neighbor So if you put the ladder if you put a ladder along there that ladder is going to be on your neighbor's property.
I don't think so. But um the existing is also has the similar the footprints are there. What is the existing? Existing uh is I don't have the papers right now in front of me
but think it should be in the survey. Is it 6' and 12 ft? The way I'm reading it, is it 6t on one side and 12t on the other side? Yes. Same same uh drawing right there on the
top where the existing setbacks are back of the building. What is the what is the existing 18? No, existing is 14. Again on drawing
A-1 on your drawing it says 6.33 feet. Okay. What is the existing? And I don't have the survey in my hand. But it is total 14 ft. Uh
and now I'm improving it to 16. 16. If you add these up, it is 16. No, I understand that. I can do the math. But what is the existing system? Sorry. Uh I don't have the You don't have that information? I don't have right now in my hand. Well, that's what we're here for, right? All right. Is there any
other questions? Okay. Any more testimony? Is it you want to do any more uh presentation? No. Okay. I have a motion. Before neighbors or anybody outside? I'm
sorry. I'm sorry. Anyone within 200 feet? Seeing no one uh 200 feet. Anyone uh out of 200 feet. out of uh 200 feet and further. Motion to close the public session.
Motion. Second. Second. Roll call. I say the eyes have it. Nays. The eyes have it. I need a motion. Okay, Mr. Chairman. I'll make a motion to approve the application. It is a very diminous request. It is not a detriment to the
neighborhood. It would enhance the neighborhood not out of character with the neighborhood and there are no objectives. Second. Okay, we got a motion by uh Deventra, seconded by Mr. Patel. So, um
I'm sorry, Mr. Sahara. Uh vote please. Uh Mr. Certo, yes in the motion, Mr. Johnny, yes in the motion. Mr. Chabra, yes to the motion. Mr. Schneider yes to the motion. Mr. Patel yes to the motion. Mr. Dvet
yes on the motion. Mr. Sadatan yes to the motion. And vice chair Gorman no on the motion. Okay. Two three six seven. You have six yeses. Uh Mr. Johnny's vote does not count because we can only do
seven. He's certified. But it doesn't count because you can only have seven votes voting members. You're right. So, it's the six votes and one no. So, it passes. All right. Good luck. All right. Good luck. Thank you. It passes.
Good luck. Okay. Thank you. Thank you. Thank you. Next case. You scared him for the second. Case number Z5 2025 Abashek Barwage at 8 fielding place. Applicant is seeking
bulk variances for a single family dwelling under construction. The following standards have not been met. Medium sideyard setback required is 15 ft. Proposed is 9 ft. Affected property is located in the RA zone. Designated as block number
557.04, lot number four on the Edison Township tax map. All noticing paperwork is in order. Good evening, Mr. Chairman, members of the board. My name is Bernard Sh firm of Conry Conv and Shire representing the
owner applicant Abishek Bardwage. Uh the property is 8 Fielding Place block 557.04 lot 4 in the RA zone. Uh this is an application for a variance for one sideyard uh where the requirement is 15
feet and the proposed is 9 ft. Uh this is a little bit of an unusual situation uh as uh the applicant obtained a survey and the builder obtained a building permit uh to construct a new single
family home. Uh however, after the foundation was in uh a survey of other property showed that there were some monuments missed and that uh the survey obtained by the applicant was in error
and that the actual sideyard uh had a violation from 15 ft to 9 ft. uh and therefore the applicant uh had to come before this board uh to obtain an approval. Uh the uh applicant in this
matter acted at all times in good faith obtaining engineering and surveying advice and the builder relied on that which he's entitled to do. Uh and the uh building department relied on that in
granting the building permit. Uh unfortunately uh there was an error uh as was later determined from uh surveys of adjacent properties. Uh I have with me uh Andrew Woo, a professional engineer who can
testify how this error occurred. Uh I have Mr. Lopez, the builder, uh to testify as to uh obtaining the building permit based upon the information he had and also uh finally Lauraai Totten, a
licensed uh professional planner uh who can testify as to the justification for the board granting uh this variance. Unless there are any preliminary questions, I'm ready to proceed. Thank you. Mr. Woo, can you present your qualifications? I'm sorry,
sir. Would you raise your right hand? Yes. Uh, my name is Raise your right hand. Do you solemnly swear or affirm to tell the whole truth? Nothing but the truth. Help you God. Yes, I do. And state your full name for the record, please. Uh, I'm a professional engineer, sir.
Your full name for the record first, please. Andrew Wu. Thank you. Wu, my last name. All right, Mr. Woo, can you just uh state your qualifications? Yeah, I've been appear in front of the board many
times. I'm a professional engineer and a professional land surveyor and my license is current and in good standing. Okay. And you've been you've been Thank you very much. We'll accept your qualifications. Thank you. Okay. Proceed. Mr. Woo, uh you're familiar uh
with all the background of this application. Is that correct? Yes. Could you please advise the board uh if there was uh an error made in the uh survey that was uh originally prepared for this
construction? Yes. When we uh prepare a survey, any survey, we uh we do a lot of uh uh uh background field information. We we we found
some property corner markers and the uh we also had uh old survey the uh owner provide to us and based on the information we uh decided the uh
boundary line and uh we we that is uh number eight uh fielding please. Later on we do another job uh number four fielding uh a place which is next to number eight.
We did more detailed search. We found some uh concrete monument which was shown on the original fire map. Based on the uh concrete monument, we discovered
that the uh the curve line they are not in line with the property line. In other words, the uh the rightway is uh 50 feet and the pavement is
uh 30 feet. So supposed to be 10 10 ft from curb to the uh to the property line 10 ft from the curb to but they are not they are mis misign with the property line. So we found that one based on the
uh uh concrete monument we found which was the original for the subdivision. We discover our number eight field is uh uh way too close to the
sideline. And the uh we uh we uh uh re actually we re reserve the whole block. Not only the we survey the whole block. We had a we had come to the conclusion that uh the the the the building
foundation is too close to the sideline supposed to be like 15 ft. We have 9 ft. And these uh these markers uh that you referred to when you were doing the second survey were not found during the
first survey. Correct. Correct. I have no other questions, Mr. Woo. Okay. Thank you. You were the original surveyor from from the application when it was submitted to for a permit. You're the surveyor of record. No, the the
there was an old survey called Ken Hoffman and the uh he surveyed the property in April 2024. Okay. So, and the uh he gave us the uh the survey for reference and his survey
shows uh property line perfectly in line with the uh curb line. But based on my my my finding, it's not. Is this structure up? Is this is it up? Is the foundation in? The foundation is
that time foundation already built. Thank you. Any other questions? Yeah, Mr. Sherman, where's that survey? He's still alive. You mean where is that surveyor? Where is he? He he I don't know he's alive or not, but
uh because I mean this is the first time I'm hearing like this kind of case where something got screwed up like this. Um are you going after this surveyor is the building is up uh foundation and the
and the part of framing is up and and as I understand it's a pre-cast concrete wall foundation correct. Yes. Yes. Right. So it's it can be easily corrected. No. Um after the survey I I I I was there this afternoon
at the the foundation or up and they stopped the framing this. No, no, I get it. But it is not that huge expense to correct the thing. It is just the foundation walls are up on one side. You cut back one piece on both sides and
move that in. It's not that difficult to correct it. No, it is very difficult because why it is a is a concrete foundation is a poor foundation. It is poor or it is I I say it's a pre-cast.
It's not like a is a poor foundation and the and the framing is also up. So it is says pre-cast pre-cast. Yeah, it is not poor. Okay. Okay. It's not concrete block. It's a pre-cast. Yeah. The pre-cast vertical plank. Yes. Okay. So
you take this wall up and bring it back in at surveyor's expense probably. I'm not sure. I mean how difficult it is to cure it. We have the builder available to testify also. Sure.
All right, Mr. Chairman. Go ahead. Want to get the builder? You want to bring up the builder? Anybody any other questions before m from Mr. Woo? Yes, Mr. Chair. Go ahead. Um, Mr. Woo, so the plan the survey prepared from you dated July 26,
2024. This was the original existing conditions survey prepared by you. Is that correct? Correct. Okay. So, this was created before the property even started the construction. Is that correct? That's correct. Yes. So, you're seeing in between
this July 2024 survey, some other surveyor came in the middle to survey the property. Is that what I'm hearing? Before before July 2024, there was a surveyor called Ken Huffman. He surveyed the house in April 2024. But what does
that survey have to do with anything? Where is that survey? I have the survey here with me. I use this one for reference. So yours was referenced on his, right? And his survey shows property line perfectly align with the curb line.
But when I when I surveyed the last number uh five, we found more evidence. We found the original concrete monument then I realized. So I'm not again I'm not understanding. You're you're going off of his points, his datam points or
you had your own points. That's what I'm not understanding. Uh his point is uh his point was uh out of line. Huh? Yeah. The original survey the original survey Ken Hoffman's uh survey plan was
incorrect. Okay. It was incorrect. But again, your survey was rep was created generated after Ken Hoffman's survey. Correct. So what does Ken Hoffman's survey have to do with this one? Well, that's understand the the uh the my
client provided me his survey plan for reference. So we survey we used to have a lot of informations for reference. I use his survey plan for reference. So you didn't prepare your own points essentially. That's what I'm hearing. You use that
survey and we found Yeah, we use that survey and we found some other points and the uh we we found a point and we use that point and his plan and the curve to determine the location of this uh uh eight fielding survey map. Again,
I again my whole question is this survey that you created was made off of the points that you got from him. You didn't generate your own points. That correct? Yes. Okay. All right. Anything else? Uh, no. Anyone else? Yeah. Chairman, I have I have a couple
questions just to clarify the timeline. So, the survey was produced by Mr. Hoffman in April of 2024, correct? And then you produced a new survey in July of 2024 after Yes. after Ken Hoffman.
Yes. So what happened between April and July to warrant getting a second survey? Why were there two surveys done in a couple of months? Well, uh Ken Hman is a surveyor, but in order
to do the uh we need also engineer to prepare a site plan. So we needed to have a a new survey and the uh and the uh and we didn't get the uh the uh the information from the uh original survey
at that time but uh later on we got the uh first surve and the and we also when we prepare any engineer work we like to have our own survey work done. So, in your in your line of business with
surveying, is it typical that a client that's building a home would get two surveys back to back like that? No. Uh only one survey, but sometimes like you are a homeowner, you wants me to do a survey. You say, "Hey, Andrew, uh I have
a new survey. Would you like to take a look at the old survey?" I Yes. I say, "Well, I can use the old survey for reference." That's what happens. I do the survey but a client provided me with a old survey for reference. Right. And I've done the same thing that you're describing. So I understand. So when I
sold something or bought something, I might say, "Hey, I have a survey from 10 years ago." But this one was from two months prior, right? Uh yes. And that that must have been strange, right? Okay. So when did construction start on
the actual foundation? Uh that one I have to refer to the builder. Okay. So, is it fair to say that your survey that was produced in July was the one that was used to incorrectly put the foundation 15 feet in instead of or 6
feet in instead of 15 or it's a n six foot difference, right? We're talking about correct. So, that was your survey or Hoffman survey? That's my survey. Okay. So, Hoffman's is kind of irrelevant at this point. Yeah. My survey, part of my survey use a Hoffman survey for reference. So that's just
explaining how you got to an incorrect survey, but the incorrect survey was yours. Right. Correct. Yes. Anything else? No, I just want to hear from the builder when he started building based on his survey. Okay, we'll finish Mr. Any more questions from
Mr. W? Mr. Chairman, so the foundation is all complete all four sides or just realize you did that corner and you realize that these are this is based on wrong survey. Where what what is the status of this foundation at this time?
The builder is my next witness. He can explain answer all those questions. Okay. is a next door neighbor here. Who's who whose side this setback is? Whoa, whoa, whoa, whoa, whoa. I'm just
asking, did you guys approach the did you guys approach the neighbors property and did you talk to them that this is what has happened? Uh, my client is here. I'll have to No, no, no, no, no. You got to come up. Mr. Woo, would you uh let him
have the microphone or he can be up there. Where is he? Okay, sir. Would you raise your right hand? Do you solemnly swear or affirm to tell the whole truth? Nothing but the truth. Right hand. I do. Okay. And state your full name for the record, please. Abishek Bahadwaj.
Okay. Proceed. Okay. The question is that did you did your client applicant approach the next door neighbor? Yes, we did. uh you know which side is the the setback the the issue that has been discussed the immediate uh neighbor we have discussed twice and that
building is roughly 55 ft away from the property line. Yes. And uh are they okay with it? Yeah, they don't have any objection. We have spoken to them twice. Testify. Yeah. So yeah. So I'm just going to direct that I think at some
point um Mr. you'll present what we need because that's hearsay. So obviously you had a discussion with the neighbor, correct? Yes. Okay. And um your understanding is it is acceptable. Is that correct? Yes, it is acceptable.
Okay. So all right there. Okay. Okay. Okay. And then uh sorry, can I clarify the previous point or is it okay? Uh just a question. Uh how far is the neighbor's house off the property line?
Off the property line like my property line. It is around like 55 ft. Okay. Yes, that is their their backyard. Okay. Now maybe he can answer the question. What the status of the foundation at this time? It's all complete. Yeah. The foundation is laid
in and we have the framing up. Uh and the builder is here to provide all the details. So the all four side concret concrete walls are up. It's a pre-cast concrete walls. Yes, came in a segment 4T or 5T wide segment vertically set up that I cannot tell but this is I'll wait
for I wait for the builders. Just one thing if uh because that was being discussed I wanted to clarify that points in April of 2024 we bought the property and there as a regular process while buying a property you do their survey that at that time we hired Can Hoffman and we started off uh with our
uh construction plans and all uh we reached out uh to uh Mr. VU uh to provide and do the survey. That was the reason you know it was like within 3 months of we had the different survey. Foundation was laid and now he's telling that framing is up as well. When did you
realize that something is wrong? What stage? Mr. R. Yeah. We surveyed next door which is uh lot of five. Okay. Then when we survey
lot of five we we did a more complete search we found some original monument we held that original monument then we realized that is the uh number eight
fielding was off when when did you discover that is the question when did I say um I don't have the exact date and the late uh late uh end of last last year or early this year. So what triggered the second or
third survey? Once you do the survey, building is laid out nobody does the survey. Correct. What triggered that survey that you realize that something is not right at the first wall was laid in or after foundation complete you kept
continue doing the framing. What state you realize that mistake has happened? Was the is the question when the sur when they realized the survey was incorrect was the foundation and framing
already done or did they continue to work that one when the I don't have the exactly date but that one when the foundation uh was done we need to do a as build foundation survey when
foundation complete we need to do as build foundation survey then we realize the foundation is off. Okay. So that's not a normal practice. It's a standard practice. Every time we finish a a foundation, we need to survey the
foundation. Make sure it is in the right. All right. I I'll wait for the builder. All right. Wait. Say that again. What did you So on the foundation what survey when the foundation either poured or installed we need to survey
foundation to make sure it is in the correct location. So did you do that? Did you do that? Then at that time we realized the foundation was off and and you still kept on going installing the framing. If you realize mistake happened
you continue install framings. The builder can answer all those questions. So that's why I need to wait for the builders. So Mr. Sh, what we're trying to do is get a timeline here and so we'll get the builder, but All right. Yes, sir. Is any more anything any other
testimony from the owner or from Mr. Woo? Uh, let me just uh ask the owner. Once the discovery was made that the survey was off, did construction stop immediately?
Yes, we voluntarily stopped the construction uh based on the survey that uh you know we need to go back to the board uh to seek the variance approval. So yes, it was immediately stopped uh I think around like early January. So you didn't pour any more foundation or put
up any framing after the survey was determined to be incorrect. Yeah, it was stopped there and done. So So Mr. Chairman, go ahead. So the asbuilt foundation survey was done after the framing was already up.
Is that correct? U maybe a week or two weeks time can't get but usually we finish the aspute foundation first then we do the framing usually. But in this case, if it stopped immediately once you realized it was
wrong, that tells me that the foundation was there, the framing went up, you did the survey, you realized it was wrong, and then everything stopped. Is that correct? That the build can answer better. I I do not do the construction.
Any any other questions? So, so your testimony is that when when the foundation is poured, you perform a survey, right? And you said you performed the survey, but then you continue the framing. I I don't understand the
timeline. That's your testimony. Correct. No, this one builder can better answer. Sir, okay. Thank you. Anything else, Mr. Shy? From Mr. None of Mr. Woo. No. Okay. I'm going to call Victor Lopez.
[Applause] Mr. Do you want Mr. Lopez next to you? Yes. Mr. Lopez, if you would raise your right hand, do you solemnly swear or to tell the whole truth, nothing but the truth, self? I do. And state your full name for the record, please. I'm Victor Lopez
from Victor Builders. Okay. Mr. Lopez, what do you do for a living? I build houses. Okay. And were you hired by uh the applicant to build a house at 8 Fielding Place in Edison Township? Yes. All
right. And uh in preparing to start construction, uh was there a survey obtained and uh other permits and other uh uh documents uh obtained in order to go to the building department to get a
building permit? Yes. And did the uh survey demonstrate that there was compliance with all the zoning requirements for that area? Yes. Uh you did in fact obtain a building
permit from the township building department. Correct. Correct. Now, was there ever any intent uh on the part of anyone not to comply with the required sideyard setback requirements? No.
Uh and uh as let me ask you, I know the board had questions. As soon as uh it was discovered that there was an error in the survey and there was a sideyard violation, did you stop construction immediately? Yes.
And had the framing and foundation already been put in? Yeah. I mean, let me give you a little background. So, if you don't mind, go ahead. Yeah. So uh basically I was hired by my client Abhishek Badwaj to build the house for
him. So in a typical construction the reason for the two surveys which the engineer was referring is the topographic survey is very critical right without a topographic survey which has the water line or the utilities and the trees locations a regular survey doesn't have that so that's one of the
reason behind those uh second again I'm not an engineer but I just want to give you a little background why the second survey was needed uh and that's how a plot plan is created and that's what we submitted to the zoning department based on what was there. We did receive a
construction approval on October 5th October 25th, 2024. As the council member said, it is a superior wall. So, we did the uh uh pre-cast. We started the construction November. We start excavation. We did
the superior walls end of November. And as the construction of superior wall is, we have to put the deck. That's the deck of the framing. It's not a foundation walls. So we have to put a deck as well. We have to pour the
slab. So pour the slab. So we did pour the slab. And with superior wall you can go vertically to start the framing. So we framed only the first floor first floor exterior interior walls. The second uh ceiling of the
second floor is not been done. So the construction was stopped in mid Jan when we received when I received a call from the engineer. We immediately stopped the construction. We immediately had a meeting with the township zoning uh zoning board Jim and then we had a
meeting with the brand and I think that the Rachel can attest to it. So we came to the township we had several meetings in the month of Jan itself and we were suggested to go to the to the planning port to have an approval and that's how but immediately when this situation was
occurred when this uh thing was known uh we stopped the construction now uh any questions uh have you prepared a cost estimate uh as to what would be entailed in removing ing the existing foundation or part of it and
reconstruction in the correct location. So yes, we have a cost. So the council sir you said can we can use we cannot use the superior walls. The reason is we already have a slab done. So those walls
are not good to be reused and the construction cost is Yes. We you need to know the cost. Yes, please. It's around $230,000. How much? $230,000. Do me a favor. Can you move that mic a little bit closer to yourself and speak into it? Thank you.
Yeah. Okay. Anything else, Mr. Sh? I have no other question to Mr. Lopez. All right. So, Mr. Chairman, um, where's the site civil drawings which dimensions? Where are those drawings?
Site civil drawings. Where are they? The corner markers. Is that your civil drawings where you have all the utilities and side drainage and all that stuff? Where is those drawing? Why it's not part of this? It should have all the dimensions. How somebody would screw up like this? I
I don't still don't get it. Where's the side drawings? Which which drawing are you talking about, sir? These side engineer drawings I think referring to the plot and grading plan. Yeah. which outlines the uh utilities
and the trees. Yeah. So how do you if you follow those drawings there's no way you can make this kind of error then you're not relying on councilman the this error have occurred based on the survey which was correct as of as of
Jan. So as in our minds this survey was correct. So this that's the survey we submitted to the township. That's a plotting rating plan which was 15 ft uh compliance until they did the survey for four fing
place and they came to know there was an issue. Mr. Chairman I would like to see the side civil drawings. Chairman I have a question. So in initial uh survey you mentioned
there was a fall and you find out when you are trying to understand something the tree related stuff. So why was not discovered in the initial plan that these are the points missing before we start uh building stuff. I'm a builder actually. This is a question. I'm asking
questions to everyone not to you like why was not discovered because the way the cost you are talking about $230,000 which could be visibly uh noticeable that this is not right. Are are you
asking Mr. I'm asking questions. There is a gap between first survey and second survey. Why was not discovered before start before starting building uh your infrastructure? I mean that's exactly the reason we are here. The reason is when we were
building this house eight building place we had no issues until the engineer started working for four fielding place and I think the owner of four fielding place which is the neighboring property she's I think they are here too. So we
had no clue until mid Jan that there is an error. Nobody knows it. Right. So go ahead Dave Mr. Chairman. Go ahead Douglas. Um yeah Doug go ahead. You said $220,000 cost is for remove and replace
the whole entire foundation. Correct. Yes. Right. You have ample. This is a big lot. There's a lot of areas that you can extend your building on a backside and cut back 10 15 ft 10 ft. What are
the the error is what? 8T 6T 6T you can remove those 6T and that depth of the wall 37T by 6T by 6T talk let me I'm a civil engineer myself make your basement
smaller and whatever the area that you're losing extend on a backside on upper floors you still get the same F still get everything and things would be corrected it will not be That would be a cost. All right. That would be my
suggestion. Mr. Chairman, that that's one solution. Doug, you have something? Just to clarify, the as a as the builder, you consider I would imagine none of this your fault. You were just following the survey. Correct. Correct.
So, is your wall exactly precisely on that survey marking that Mr. Woo prepared? Yes. And that's where the foundation location which we do after the superior walls are done. We do the foundation location and that's what it is.
So at that moment when I mean the catalyst of doing that as built foundation survey that's when there was the oh no moment where everybody said oh my gosh this is wrong. Correct. or like four filling place
never came for starting a construction. Yeah. I mean this is so the reality and was that neighboring maybe you you can't answer this but is that neighboring property doing construction that's why they did the survey. Exactly. So if this was coming like 6 months later we would
have been done. So I mean this was a very honest uh in my opinion which I've seen uh that we came to the town informing this this situation. I'm been very open on this. This is like something we have come here to the board
to approve this. The reason is we've been honest the same day and we've been working very diligently with the township and now we in front of the board which is why to get this approved. I mean there was no up [Music] no mistake from anyone here. I that's
how I can see this. Well, it was a survey. It was a survey mistake, right? Whoever had done that survey came in and this is how the board but that's Mr. Woo. Right. Whoever did that initials which I was not part of it whatever. So I get
involved when everything is ready and we submit the paper township right. So un just to give you a little background and in Jan when we came to know it was not because of the house been built by eight fielding place. This was the error was found
because of four fending place. The owner is sitting here. she came to the engineer that she wants to start a new construction. That's how the situation came and we would have not come or we would have not known this. This would not been here. We would not been here. And then did did this group that's
testifying, you as the builder, Mr. Ru as the um engineer engineer, did you go to the town and say, "Oh my gosh, we made a mistake." Yes. Or did someone else say, "I think they made a mistake." We It was a mistake. It was something
which I think we were very honest to let the town know that there is a problem. But it was your idea to go to the town and report this. You self-reported this basically. Yes. We all self the owner the engineer we all went to town. This would have been like we would have not
said anything done. Nobody would have known this would have happened in other countries. But if we didn't want to do this that's what it is. Can easily be corrected. Anything else? Anyone else? any Yes, ma'am. Sure. Um, so just to get a better
idea, when your excavation started, you had stakes, correct? And they were pinned out 2 feet this way, 2 feet that way, correct? Now, lot number three, um, the one that's north, uh, is there a fence that that was existing there or No, no. No, there's no fence. So, there
was markouts 2 ft away. You started excavating. You poured your uh your strip foundation and superior wall came in. Correct. And um I'm looking at the original survey. Um would you say that the most
current up-to-date site survey that you have is dated uh 9:30 2024? Correct. That's the most latest grading plan. Should be the one which is approved by township. Correct. Okay. And here I see that there's some locations of some
walls and setbacks that were changed. What's an explanation to that? Like the rear wall, it originally called out for 26 feet 26.7 and in reality it's 27.4. So that's almost 8 in difference. What are what's the differences that were in the dimensions of the actual
house? There's a difference. Yeah, there's a difference in the most latest foundation locations plan that we received compared to the one that the township has. I mean, I have no we have not studied
that. So I I don't think so. That's okay. I mean, superior walls are pretty uh accurate in that terms. There's differences here. I'm just trying to say for example if the lot if the property the existing
foundation was the same what was proposed on here the left dimensions are the same correct from the it looks like building place the 65.9 it's the same the building footprint is the same why are we six in six six feet over
is there a six foot solid vinyl fence on that side no fence s there is a fence on the right side. No. So wait to my colleague I just want to clarify what you're asking. So if I was looking at at this on the left side it's
accurate but on the right side it's 6 feet. So does that mean the whole house is the F is all out of whack now too? That's the question I'm asking. So the F I mean the property is very big. It's like 25,000 square ft and the house is small compared to the property. It's
just 4,000 ft. Right. But if you were off six feet on one side, wouldn't you then inherently be off six feet on the other side too and the whole structure would just be shifted over? Yes. I mean on the left side, which is the main road. We have a space there. Yes, that's where the garage is on the left side.
But are you saying that the the asbuilt survey shows that the house is just 6 feet bigger instead of it being shifted over? Well, the ones that are the plant that's prepared by Mr. dated January 9th, 2025,
it's depicting that the sideyard, which would be the um the south side is 65.9 is the same. You have that 69 65.9 dimension. You have the building and then you have what's in question right now which was supposed to be 16 ft
but that's now 9 ft. So where's that difference? Is it in the building or It must be right. That's what I'm It looks like that the the the U foundation contractor pre-cast concrete guy made a mistake cuz your building is much wider
than what he's shown. Why is the why is the leftyard setback still the same if your footprint would be the same? That doesn't make sense, right? Why would not be same? What do you mean? So, you have your left sideyard, you have the front edge of the building, and
then you have the right hand. We're going to take a 5m minute break. All right. Okay. Thanks. All right. Thank you. Yeah, we're going to resume. Yes, sir. I I I I think the confusion is probably as to what
happened when the survey was corrected. Uh our planner is also an engineer who can probably explain it better because the house did not
expand to get closer to the sideyard. The survey moved the actual sideyard boundary closer to the foundation. That's that's what happened when they discovered the survey
violation. That wouldn't change the size of the house at all. All right. Unless there Unless there's something I'm missing. All right. I have I have a question. Sure. Mr. Woot and this is for the builder. Mr. Woo testified licensed
surveyor that it's standard operating procedure once the foundation wall is up to perform a survey. Was that done? Yes. The foundation location was done. So when your foundation wall is up, the survey was done after the foundation.
Yeah, it's done. The foundation location was done by the engineer later somewhere in December. And this is a question. So that was based on Hoffman's survey. That was done on Hoffman's survey. Yes.
Um then four building came in or the planner can answer that question. I don't know when the survey what they did as an engineer as a construction like as a contractor I was waiting for the foundation location to be submitted to township.
So again, the foundation wall, there was a surve survey performed when the foundation wall was up. Yes. Okay. Thank you. Anyone else have a question or a comment, Mr. Sure. Uh Mr. Lopez, do you have the
asbuilts provided from Superior Wall? Yeah, I have it here. I was like, do they differentiate or do they match up with Mr. Woo? I mean there will be one or two but it's the township engineers who approve this. Mr. Lopez, can you move the mic closer to you please and
speak into it? Thank you. So we submit this to township engineer and then they take a look at it and they approve it if there's a discrepancy into it. Okay. Yeah. What when when did they submit it and when was it approved? What was the date of that? No, it was not
approved. I mean we didn't submit it and this is where when the submission came in this is where the situation came in. So with superior wall as I said we can we go up until waiting for the back. All right thank you anything else
anything okay what else you have Mr. I'm going to call uh Laura Tatton she's our planner who also is an engineer. Thank you. Uh, do you sly swear or affirm to tell the whole truth, nothing but the truth? I do. And state your full
name, please. Laura Tatton, Tot Ten, Crest Engineering Associates, Milstone Township, New Jersey. I uh obtained my professional engineering license in 1983. It is still active. I obtained my planning license in 1986. It is still
active. I have provided testimony before this board as an engineer. I think right planning I think it was this board. If it wasn't, it was the planning board about a month ago. I also have provided testimony throughout Mammoth, Middle
Sex, and other towns in New Jersey. We'll accept your qualifications. Thank you. You can proceed. Ms. Totten uh you were uh retained by the applicant to give planning testimony regarding this
matter. Is that correct? Yes. Uh now you're also a licensed professional engineer, correct? That's correct. And you're familiar with the engineering and surveying aspects of this matter uh in preparing for your testimony, I assume.
Correct. I am. And uh you heard my explanation and knowing I'm not an engineer or a planner uh as to what actually uh caused the violation and that was that does not involve any
increase in the size of the house nor any increase uh or decrease in the setback to the other side where there is a rather large uh sideyard. Correct. Correct. Could you please explain to the board uh in probably better language
than I could? Yes. Yes. So, I have reviewed the plot plan and grading plan. I do have a copy here that was prepared by by Mr. Woo. I have also reviewed the asbuilt drawing of the um foundation.
So, I just wanted to We don't excuse me. We do we have that? I can give this to you if you like. So, I'm going to assign you don't have it. This was not submitted as a part of the application. It's I'm just I wanted to clarify the timeline because Mr. Woo is a great
engineer and surveyor, but I think he's not as uh good a speaker as maybe I am. Okay. Can if I can just have you hold a moment. You have this is going to be what is this that you're looking at? I am looking at a plot and grading plan
prepared for eight fielding place. It is dated 72624, sheet 10 of one. So, do we have that? 720. No, you don't have it. Um, I'm going to ask that our board secretary
show it to the board members and we take a moment. Um, and we're going to label this as A1. May I just give a small timeline or do you want to look at that first? Just wait until I've had an opportunity to look at it. Please note the location of the curb as
it's relative to the curved property line. Going to wait to say anything more until they've had an opportunity to look at it across the board. Okay. Where are the two different surveys that have been done? Where's the What's the date of A1?
A1 is dated July 264. This is from [Music] [Music] I'm going to take another break. Five minute break. Okay, we're back.
So, um, just for the record, uh, Mr. Fletcher and I discussed, uh, off the record that perhaps there are additional documents that the board requires to see before they can make any kind of determination on this application. Um, to that end, if Mr. um, Mr. Shy, you're
in agreement that I'm going to have the board list exactly what additional information they'd like to see. Is that acceptable? Yes. Um I don't know which board member wants
to. All right. So I take a lead. Yeah. Go ahead. Right. So, we need all the building construction documents, the permit plans, including foundations, including supreme pre-cast wall uh um shop drawings
approved. Um and I also want to suggest something that they can put the cost together. If you remove that 7 ft of walls both sides, demo this wall, you can easily also build that wall with the CMU block. You know what I'm talking
about, right? 8 in concrete block walls on that side and bring the foundation back. So, all you can do the cast in place concrete wall on that side instead of three gas. If you put the cost
together for that, it not be $220,000. It would be probably 20 $30,000. Put that cost together as well. Uh we need that if need to be fixed. Anything else? Anyone want to add to that? Go ahead. Doug, I I would just like uh
the copies of the the history of the survey. So, I'd like to see the April 2024, the July 2024. And I I understand there was a September survey as well that was the asbill documents, the variations of them
and as they changed. Mr. Sher, just to to emphasize, we need a timeline. Yes, sir. Okay, we've been talking about it. So, just, you know, submit a timeline. Anything else? Yes, Mr. Chair, I would request the applicant to provide the asbuilt from Superior
Wall as we mentioned. The asbuilt from from Superior Wall from the pre-cast supplier. Oh, okay. Anything else? Okay. Um, do we available dates. Mr. Sh, how
long do you think you'll need to prepare all the documents? We can be ready well before the May meeting. What date is the May meeting? So we can either place them on the May 20th or July 17th.
Those are the two we have. May 20th. May 20th. Okay. May 20th. Okay. No further notice. Okay. We need a motion to uh carry this to May 20th, 2025.
Motion to carry to May 20th. Got a motion. Second. Roll call, please. Mr. Chron, yes to the motion. Mr. Cerrito, yes on the motion. Mr. Schneider, yes to the motion. Mr. Patel, yes to the motion. Mr. Devet, yes on the
motion. Mr. Sedatan, yes to the motion. And vice chair Gorman. Yes. On the motion. Okay. So, without further notice, there's not going to be a notice. This is the notice. It'll be on u May 20th for the public and anyone watching this. Okay. Thank you. And that adjourns the
meeting. Thank you. Motion to adjurnn. All in favor? All in. I Okay.