public meetings act 19 it's off my phone 70 whatever it is chapter 231 adequate notice of this regular meeting of the board of adjustment attachment of Franklin's been provided board members applicant
professionals and members of the public please speak directly into microphones so that our recording secretary can properly process minutes. Applicants and professionals, please fill out the sheet
on the table when you've completed your testimony. Thank you. And please call the role. Okay. Cheryl Betha, Richard Proanic, Vasim Verdas, uh, Shependu Singh, all asked to be excused this evening. Alan Rich,
yes. Gary Rosenthal, here. Robert Shepard here. Faras Khan, Michael Dhy here. Kunalia here. Chairman Thomas
here. Uh minutes regular meeting July 10th. Robert Shepard, Michael Dhy, Kunalakia cannot vote. I'll move. Second. Somebody has a second.
Alan Rich, yes. Gary Rosenthal, yes. Chairman Thomas, yes. Okay. Hearings. LLC ZBA 2420 use variance preliminary final site plan
with variances in which the applicant is proposing construction of a 30,917 square foot addition to the existing building at 655 Howard Avenue Somerset
block 528.04 4 lots 161 03 162 16301 in the B1 zone. It's carried to November 20th, 2025. No further notification needed. So any of you are here for that. It's not being
heard tonight. Uh, Manet Singh and Ravender Core ZBA 2411 site plan with the use variance and C variances in which the applicant's proposing to convert the existing repair
garage into a convenience store 339 Elizabeth Avenue, Somerset, block 493.01. one in the above R10 zone that's going to be carried to
October 9th, 2025 again uh not again notification renotification is necessary and let's see someone says Bible Somerset Bible Baptist Church ZBA2504 CND variances in which the applicants
asking permission to build a one-story 35 ft tall 8,640 ft gymnasium at 42 Cedar Grove Lane Somerset block 424.02 lot 12.02 2 in the general.
This is not general business zone, is it? It's the R40. It's in the R40 zone, not the GB zone. If you're here for that, that's going to be heard uh October 16th. Everybody will be
renotified. The one hearing we will have fel ZBA 2517 C variances in which the applicant is asking permission to build an ingground pool patio and put in 280 ft sheds at
228 Bennett Lane Somerset block 88.02 lot 3302 again in the R40 zone and go ahead. Good evening Mr. Chairman, board members. My name is John Duca from the law firm Savo Shock. I'm here tonight
representing the applicants uh Fasel Ikbal and Rahana Ikbal. Uh they are the property owners and residents at 228 Bennett's Lane, which uh as the chairman indicated is block 88.02, lot 33.02.
Uh this property is located in the R40 zone. It is developed as a single family home. It's a flag lot, so it's irregularly shaped. The only frontage it has on Bennett's Lane is its driveway and it has a very long skinny driveway that goes back to the main part of the property where the single family home
exists. Um, so this is in the R40 zone where single family homes are permitted as well as their accessory uses. Um, on either side of this property there are also single family homes and then in front of the flag lot there is also a single family
home. And then behind the property is the BI zone. So, it has industrial uses uh to its rear. So, the proposal here tonight is for the owners to construct a new inground pool as well as the
associated patio space around that pool. And then finally, uh two sheds uh in the rear corner of the property that will store uh equipment. and the my my client uh is here to testify and he'll explain why there's a need for two sheds and why
there's a a request for the size pool that that they're they're looking for. So to to get a little bit more technical and this will be um testified to as well by my client uh they want to build an ingground pool that's approximately 20 by 40 ft. Uh so about 800 square ft
along with the associated patio area. that associated p patio area is about 992 square feet and then you also have uh the two sheds which are uh each 10 by8 for 180 square ft each. So that
those are all of the uh requested improvements for the site that impact the deviation from your zoning ordinance that uh we're requesting relief from and that's the maximum impervious coverage. So in the zone 20% maximum impervious coverage is permitted and actually right
now as the site exists today it slightly exceeds that. The owner and applicant was not aware that uh the property that they they purchased a number of years ago exceeded that impervious coverage they found out when they applied for the permit to construct the pool. So as it
exists today it's at 20.8 and with this proposal if it is approved it'll be 22.3. So, the deviation from 20% we're seeking is only 2.3%. So, as I've indicated a couple times, um I do have one witness, one witness here
with me tonight. Um that's Felikbal, the applicant, resident, and owner. And uh I I just want to before we get to his testimony, I do want to note there are a couple of uh technical comments in the TRC report uh which I believe is dated July 29th, 2025. We had an opportunity
to review and uh those technical comments are related related to storm water management and um this this application will be subject to stormwater management controls but those are really uh they will impact the permitting process and uh my client has
retained the firm the Reynolds Group and Mitch Arman the professional engineer uh reviewed the application he reviewed the the TRC report and uh he indicated to me that uh he feels he can adequately address those concerns through the permitting process. Although he uh could
not be here tonight. So, uh unless there's any other housekeeping matters or or technical questions uh for me from a legal perspective, I'd like my first and only witness to be sworn in to testify. Do you want to uh raise your hand to be sworn in?
Sure. Yes, sir. Do you swear or affirm that testimony you're about to give before this board is truth, the whole truth, and nothing but the truth? Yes, I do. Can you just repeat your name? Spell your last name for record, please. Yeah, my name is Faselikbal. Last name
is IQ B- A L. Thank you. So, Mr. Ballal, uh displayed on the screen and also um before you is uh is our one and only exhibit that we'll be referencing tonight. Can you uh describe
to me what that exhibit is and who prepared it? Yeah. So, uh so this is a plan for a pool. you need to speak much more closely to the microphones y so that we can record this so we can type it later. Y so yeah the plan in front of me is for
a pool in my backyard um it has a patio around it um and a a walkway up to the pool. Uh and yeah it's it's about uh 20 by 40 the pool uh and the patio is uh
around 900 uh believe 90 square ft. Okay. And I I omitted this in my my opening, but you're also proposing a six-foot fence around the patio area. Isn't that correct? That is correct. And that's because uh when you build an ingground pool, you're required to fence in that area, right? Correct. That's a requirement.
Yeah. Yeah. So, I just wanted to make sure that that was noted. So, there was no uh omission there. So, um uh why do you want to install this pool? So, the primary reason I want to install the pool is uh to have my kids for a
place to swim and learn how to swim. Uh, and I also want to be able to use it uh for health reasons to do laps in it. It's big enough to for me to able to do laps. Uh, and uh, uh, I have a few friends over so they can actually enjoy the pool. So, it's it's uh, not uh,
super large, but it's large enough to have a few families over and uh, have if my uh, kids who are 13 and 11, if they have some few friends over, they can enjoy the pool and it's large enough to that um, uh, a few of them can come and actually enjoy and be in our backyard.
Okay. So, um, you know, that explains the pool, but yet you're proposing two sheds. Can you explain why two sheds? Yeah, the reason I wanted two sheds is that I want to keep one for the equipment and uh all the pool cleaning
supplies and and chemicals that um uh we would want to use. I want to keep that locked and separate. The second one would be for uh pool toys and uh uh furniture storage that we would like to uh store. Uh so, I just want to keep those separate. That's why I requested two separate ones.
So, uh, just to kind of rephrase what you said, you one's really going to be for equipment and then one's going to be for, you know, maybe the patio furniture and some lawn games for your kids. Correct. Okay. And obviously, you wouldn't want the equipment that might have some chemicals for the pool to intermix with that patio furniture and
your kids toys. Correct. Yeah. Sir, do the file, is that how you say? It's fasil. Fil. Okay. Um, does the do the um sheds sit on the uh the uh patio that you're going to create?
No, it's separate in the back. Okay. Is it near the property line? Uh, yeah, I believe so. I think there has to be certain distance away. Uh, yeah. So, but you you did it the certain distance away. Yeah, exactly. Yeah. All right.
Nothing flammable in the sheds? Uh, no. there. The shed is not constructed right now, so there's nothing there. But no, nothing will be flammable. I nothing flammable, but yeah, I'm not sure if the pool chemicals, whatever I have to store. I believe I have to store primarily salt and cleaning equipment, so I believe they're not flammable,
but nothing extraordinary or hazardous. Uh, no. No. Um, now you're you're surrounded by by a few neighbors. Have have you talked to any of your neighbors about what you're proposing here? Uh, correct. Uh, one of the neighbors is here today. Um, yeah, I've spoken to them and yeah, they're comfortable with
the with the pool. Okay. Are they here because they they're they're unhappy with what you're doing? Uh, no. They're here to support the plan. Oh, okay. Okay. As the neighbor nods slowly and back. So, uh, just a couple other things that
I want to u to put on the record. Um, is the the shape of your property. So, um, your property is shaped like a flag. Correct. Correct. So, um, that's that's not a typical shape of property. Normally, they're rectangles or squares. So,
is this a difficulty you faced when you when you submitted the zoning application that because of that long paved driveway you had that increases your impervious coverage? Uh, correct. It's uh I think it's almost 18% or so just on driveway.
Okay. H. And that's 18% of the impervious coverage. Not correct. Not 18% of coverage from the driver. Correct. Okay. Um, so did you
trying to think I don't have any further questions for Mr. Jall unless the board does. Anybody have a question? Did do you happen to know um the the the the main portion of the lot where your house is, you know, excluding the flag
pole, which does extend um a very long distance, much longer than is typical for a flag lot. Do you happen to know what the impervious coverage is of kind of the main portion of your lot? I I'm not sure. Uh yeah. Yeah. I wouldn't
be able to tell you. Okay. All right. That's fine. Thank you. He uh you went over the suggestions from the uh committee about the things he should be looking out for. You're you're referring to the um
environmental commission or the TRC. Uh the TRC. So I noted uh two comments or I think there were three comments but yeah the so the first comment really refers to the statutory criteria for v uh variance
and then comments two and three relate to um to storm water. Uh I'm concerned with number three so that he's aware of those uh suggestions that the committee is making.
Right. So yeah that that um he did he did review those and as I mentioned um Mr. Arman who could not be here um he is aware of those. So through the permitting process obviously if um it's our understanding that these are not
going to present an issue to prevent this but if through the permitting process it's revealed that this is an issue then he won't be able to construct the pool. Well these things what you're saying is can be done without adding additional pvious coverage. Correct. And if and if that's not the case, then my client's
going to have to come back before this board to seek different approval. Okay. We kind of needed to get that on the record. Any other questions? Anything else you want to add? There's nothing to add. I I think that
we adequately um described what the proposal is and the unique shape of the lot. Um I you know in my experience I do think that this uh justifies the relief. He wants to provide a place for his kids to to play. He wants to provide a a place for their friends to play. He
wants them to be under their supervision and not going to someone else's house. And of course also he wants to enjoy recreation and exercise in his pool to do laps. Um, we have a neighbor here who uh I hope will uh voice his support for this application. So, I I don't think
that it poses any substantial detriment um to to the neighborhood. And then it's a use that's consistent with the zoning plan and the zoning scheme and the master plan. So, uh for those reasons, I think that this board can feel very comfortable and confident in granting an approval.
Okay. Well, open to the public then. Do any of you three wish to make a comment or ask a question about the application? Come on up to the podium. We need your name and address. It sounds like a reasonable, you know,
request. A couple questions. How many neighbors will be able to see the pool? I think your mic is on. You couple things we're having a problem with here. Your mic may not be on. Number two, you have to tell us who you are. Oh, okay.
Yeah. First, so get make sure the mic is working. It's our switch here. Put it up to your mouth. It's on because I turned it on. It's on. Yeah. There you go. You just have to be close to it. Okay. I can I can handle that. Thank you. Okay. So, we need your name and your address. Of course, no problem. Greg Star at 5
Derby Road in Somerset. It sounds like a fairly reasonable proposal. One question I had, how many neighbors from their property will be able to see the pool? I believe only one which would be Tom because of the placement of the lot. Uh
but there is another neighbor to the sorry I believe only one because uh of the placement of the lot. Uh there the closest person is uh Tom who uh my neighbor who's sitting behind me. There is another neighbor on the other side but there's tree uh his property has
quite a lot of trees that block uh direct line of sight. Okay. Yeah. You it sounded good. going to put a six-foot fence around it, which I think is a great idea. One question I have about the fence, is that going to be like a uh a wire fence you can see through or like a privacy fence, a
sixoot privacy fence where you cannot see through? Which Have you decided which kind you're going to have? I haven't actually decided. Uh, but I think it's what I was thinking is a metal uh uh straight one, not the wire. The metal uh straight line ones
like solid white. Uh, not solid white. The uh the ones that you can see like a road iron one. Yeah, you can see through them, but you can see through it. Yeah. Okay. I don't know. I just Some neighbors might prefer a more solid, you know, like white thing, you know, but
that's up to the neighbors, I guess, and you to decide what's what's best. But I think overall it sounds like a pretty reasonable proposal. Thank that's all. Thank you. Anyone else? Then we'll close to the public. Anything
more from the board. You want to add anything? Nothing further to add. Thank you. Quite frankly, for the 1.8% 8% or whatever you're adding. You know, it's from my point of view,
it's not even worth discussing. What can you take away to reduce the impervious coverage? I think, you know, it stands out that you're having two sheds, but I think you have a very reasonable uh thought separating the
chemicals from the equipment that people actually handle and use. So, uh, I have no issues whatsoever. Any other board comments? Anyone want to make a motion?
Uh, I move that we wait. I move that we grant uh Fisal and I'm sorry your name is Rahana and Rahana Ikbal uh the uh uh varants uh
for imperous coverage needed uh to for them to uh build a pool and a patio and install two um sheds 10 by 18 um on their uh property.
uh they uh will uh comply with the uh needs uh of um uh the town regarding uh the uh water drainage uh requirement because they'll be adding a,000 ft. and
they understand that they've they have represented us through uh they they have spoken the attorney has spoken with another person who says that uh those requirements can be complied with.
We need a second. Okay, I'll second. Yeah, you second, right, Bob? Thomas Alan. Oh, he said somebody needs to second. Sorry, Alan Rich. Okay. Alan Rich.
Yes. Gary Rosenthal. Yes. Robert Shepard. Yes. Michael. Yes. Yes. Yes. Enjoy. Oh my god. How deep is your pool?
Uh I think about eight feet on the deep end. Eight is the deep end and like three is the shallow end. Three is the shallow end. Yeah. Thank you. Okay. We will entertain a motion to close. Uh I move that we uh close tonight's meeting.
I'll second. All in favor? I meeting.