e e e e e e e you ready frine welcome to Welcome to the Zoning Board of adjustment meeting May 15th 20 2024 Francine Francine the opena regulations governing REM meetings njac 5395 I hereby announce that notice and electronic notice at this meeting was provided notice dat January 2024 that was sent to the asy Press River poed on the buess to town hall filed in the clerk's office and posted on the Township's website www. roll call roll call Mr Burl Mr bur here here miss campus M campus M Gart M here Mr JM po po Mr j po Mr L Mr L here uh Mr hutchinsonon Mr Hutchinson is abent okay okay stand for a pledge allegiance and a moment of Silent to honor our military and First Responders pledge allegiance to the flag the United States of America and to the Republic to which stands one nation God indivisible with liberty and justice for all remain standing it number item number one oh yeah that's right let's seat Mark for um whoever you feel needs to go John yeah that's fine item number one public hearing Zing Board of adjustment 20242 Anthony loo 75 still Well Road lock 10 lock 15.03 all 40 a Zone Vol VAR excuse me go ahead go ahead and continue appli seeks variant Rel to construct a 1,16 sare foot one t Garage pool Cabana combo accessory structure with a height of 22t and 4 in as per ordinance 30- 52 accessor structur can only be a maximum of 900 and 15 ft in he the applicant also seeks variance with need for the saw set back 15 ft 25 ft is re okay okay welcome to uh the zoning board meeting nice to meet you all talk to the mic before we get started do everything in order what was paperwork yes um did you get a chance to what's that yeah that's what I was going to say next but conflicts do you know anybody on this board does anybody know the applicant not to my not to my knowledge no when you replied they gave you a packet that said all the information you need to do what we're going to expect as uh to present to us in order to talk about your case you familiar with everything give that summary of the hardship summary the hardship summary you know what I'm talking about if you're not sure I can ask I believe everything was provided through the zon you have to show a hardship you know it's your obligation to prove to the board have a hardship of some kind related to the property or structures on the property and as what that's what's called the positive criteria and then you have to satisfy the negative criteria that whatever you're proposing will not have an impact on our zoning plan or zoning ordinance uh it was summarize we can get you another sheet you need yes you see that I'm sorry I'm not familiar with that detail sorry as we go through it just have to make sure you present you know why you have a hardship okay what about property or the structures on your property makes this proposal a hardship if you don't get it understood and then um will it impact you know the neighbors or anything understood that'll be you'll have to testify under oath and we probably should swear you in now because everything you say will be under oath okay okay just raise your right hand you swear to tell the whole truth nothing but the truth so help you got I do okay for the record just spell your name say and spell your name for Anthony Anthony a n o n yavo l c h i a v is inv Victor oh okay okay so did you understand everything that our attorney explained to you yes so that's the case you have to present to us so that we can determine whether you warrant a variance from our current codes in home Dale okay understood thank you go ahead so you what I had presented to the town was um we are approved uh based on the regulation I to my understanding there would be no issues with the installation of the pool in the rear yard as it would be compliant with everything um in accordance with the town um we then uh proposed to build a cabana at the head of the pool which would be at the end of the driveway the driveway goes straight off of Stillwell it's 18 ft wide and goes straight back uh the Cabana would be offset from the pool and we're proposing that you can drive straight from the driveway into the garage which is also proposed as part of the Cabana the second floor would be used just for storage and that was the request for the additional height so that way um there would be a set of stairs just for storage purposes above the cavana and garage that's it that's yeah that would be so um obviously you have two she me when Francy r or if you're asking for two types of variants right I believe it's believe it's the size and the height and it's the size it's the size it's over 900 square feet as well okay so that's three so uh the first thing is you pick that particular location so you're close to your neighbor's house is there any way or is there any reason why you need it to be at that point and you couldn't comply and move it over into a little closer inside away from the side yard uh the specific was requested so it could be a straight Run for the truck to go down the driveway into the garage I have a a rather large truck that believe it or not does not fit in the garage uh that was a miss when the architect designed the house um and the wife had asked if I could propose the additional garage so I could get my truck off the driveway uh and out of the elev so that's why it was requested to have that location okay so I'm looking at your plans right now and I see the line that divides the Cabana side from the garage side am I right so I'm looking at it and I'm seeing where the garage is the part that you're driving in versus the driveway footprint now it's not going to be a big deal but if you did move it over it looks like it could still drive straight into your garage if you moved it in towards let's say closer to your pool and that would give a little bit more space on your side yard I would say based on what you're seeing here I would say I could probably move it an additional 5T if that was necessary if I went more than that I would potentially no I don't expect you to do that yeah I think so 5T would bring you how close let's see be to 20t from the from their back defishing by 5 correct that could probably still accomplish what I'm requesting with how does everybody feel about that so I think I can a give or take situation F away your neighbor's no problem I mean I don't know if your neighbor knows about they should know about it they got noticed but they're not here to say anything I presume unless that's your neighbor over there so I don't know whether they object or they're happy with it but we have to whatever we approve stays with this property whether you sell it or you live there forever it's going to be part of the property whatever we decide so the worst thing is to do something and the next door person comes in sees me in shop right window say why' you let that guy put that garage 5T from my property line you know all the time so if we make some sort of you know adjustment even if it's a small amount that would help buffer that space between your property and their property okay okay so 20 20t from the property line I think is feasible and that way L three things you're asking for understood okay okay so does anybody else want to comment on anything I don't want I think I think that makes looking at the map I makes perfect sense and then your gaban is closer to your pool as well 5et closer yeah does anybody else have any comments I don't want to monopolize and for the record I I did speak to that neighbor in person CU when they received the letter they they had asked and uh I sent them the drawings and they were they were happy with that so I did I did propose it to them did the neighbor or is there any kind of landscaping that's between the garage and the neighbor's property um prior to this during the build we had put a fence down the driveway that was approved to go down the link of the driveway and then we'll put additional Landscaping in that space some some Evergreens like green Giants or something else to hide the structure as well so um our attorney is writing these things down so that when we if we approve this it'll be called a special condition that'll say that you're Landscaping it with whatever we don't have to be specific you could just be General with some sort of screening type of Evergreen correct something the deer don't eat probably just at the area of the garage right by the garage area so from the driveway to the back of the garage that's I mean if you want to keep going that's up to you but that's what we're asking okay okay okay how about the height does anybody have any questions or comments on the height my only concern is so there's there's going to be no Plumbing or electrical there coming on the second floor nothing on the second floor except for electrical and why electrical there stor reasons I just figured to illuminate it and I mean I would have have it fully inspected and done by there no plans for a kitchen or bathroom oh no nothing like that that's the Cabana there's there's a it's the bathroom on the first floor of the Cabana that's nothing on the second cab so is that fireplace gas fireplace yes sir so you're going to run gas to the fireplace and you're going to have a bathroom with a sink in it and that's it no other water or anything like that our concern is always having like a a separate unit like an apartment above the the garage and that's why I'm just it's so much higher that understood yeah there would be yeah there would be no water or anything any gas it would just be electrical for illumination I don't think it's you think so it we could I would I would potentially make it like a 36 inch wide fixed set of stairs that you could walk up I I've learned that any pull down stairs things of that nature once again you learn after you you move into a new home that getting stuff into my attic is not necessarily a fun task so FR point so it'll be inside it won't be exterior it will be inside it will go right above the the bathroom so have it own designated door and go above the bathroom to try to utilize the space I would have done it on the the driveway side but there's a door that goes into the garage from there so I have a question for you you're making this a cabana for the pool usually when you have a cabana somebody wants a shower are you planning to put any kind of shower not at all so people want to shower they come inside the house correct there will not be any exterior reason why you don't want to put a shower I'm just curious I just I I didn't think of it I know a lot of people do it in the beach communities but I it was never a desire to have a shower in that in that space and you have septic down there right there is septic to the far right yeah so they're going to run the pipes on the ground to get there it's a long Hall but they're going to have to do it somehow yeah I believe yeah I believe if if there's not enough pitch they would probably need like in a a pump of some sort but Marty the drainage run off how is that being is that the coverage or is that yeah it wasn't an issue with assum our engineer looked at and said he had no no need to review this so okay so it's just going to be Elric there is gas there is gas into the cab for the for the fireplace be and that will be it sorry a fireplace inside the cab fire pit it won't be it won't be a fire pit it will be like a like the inserts that you put in the wall that you sometimes see in like a bedroom in a house or it will actually be like a vented fireplace direct vent fireplace Mark turn to the page two you'll see a floor plan of the uh of the Cabana so the three things we're deciding on is a square feet uh variance the height variance and then a set VAR yeah that's correct we can we put cannot be rented deed restriction yeah we could do that how do you feel about that next when you have something like this we always think that somebody can turn around and rent it to somebody in the future so what we like to do is create a special Condition it's called a deed restriction that says that this can never be rent it to anybody I'm okay with that or living quarters that's write the wording he's the attorney so he'll put down the wording that's why we ask the questions on a plumbing and electrical upstairs because we just don't want additional apartments on proper if there was a shower over there then I would even thinking more but that's why I ask those questions yeah yeah no it's no intention because it's kind of hard to live there if you don't have a shower you really get to know them well okay does anybody else have any other questions I think we get a ni com the height the height you know upstairs I understand that so you could store things I get that and walk around up there so you don't hit your head I mean the roof it's not full all over because it's it's a you look at the map it's certain spots where the valley is will be lower in the corner so I get it 6 foot it looks like the corners drops down so I'm okay with that and the square footage yeah so as long as we de restrict it that you can't rent it out and then he moved it over 5 ft from your neighbor's house it's closer to your pool I think it's a good it my op a good compromise yeah and uh and the the Landscaping yeah okay so do you want to read the all the special conditions let's make sure we got everything yep I want to do two things though first one so we can um find the board can find that due to the um prob the physical features of his property with that driveway the garage really can't go anywhere else for the truck and that's a hardship and uh but I need to ask you on the negative criteria which one of the form8 do you think there'll be any detriment to the zoning plan this is no uh you think it'll successfully impair or the intent or purpose of the zoning ordinance no okay just need that on the record from you and will confirm that when it makes its finding so assuming the boards will the vote in favor of that the conditions are uh to move to move the uh structure over 5 ft toward the pool so the setback will be 20 ft our 15 uh to uh put some form of screening or Evergreens along the side of that garage structure uh that'll be up to the zone and officer to confirm that that was appropriate um uh the third uh was to restrict no Plumbing uh or kitchen or bathroom of any kind on the second floor and the fourth is to actually um to submit a deed restriction preventing form of living quarter on that in the structure you could ask Lonnie if you want for wording too there is wording that she likes to use unless you have the wording yeah the deed deed restriction should provided to us by the applicant but we can provide one to him Lonnie yeah if you speak to Lonnie the zoning Officer and tell her you know what we said provided that everybody agrees and we vote on positively she could probably give you some sort of wording that would work okay that would be okay okay do you have any questions of the board no um do we need to put that it's an as built or is that now standard I think that's all standard asil asilt the pool we're not approving the pool but you you'd want that for the structure if we're going to make move it well yeah that's why I'm asking the question so in other words what they call as build is after it's built we've had this happen I've been on this board for 20 years where all of a sudden we find out that the contractor put it in the wrong place and of course the applicant said they had no idea so what we like to do is after it's built a surveyor makes a a new survey like you have this one that shows where it is but he does another one that shows where it really is and it hope and hopefully it is exactly at 20 ft and not 19 or 18 cuz you would have to come back again and ask us that tell us how he made a mistake sorry about that that's okay that's okay yeah so it confirms the location is done as we discussed right so just be sure that before they built it that the contractor or the surveyor marks this exact spot it's got to be so there's no misunderstandings okay because it's cost your money to come back here I can imagine okay okay motion to beight of 22 and SE Rel for the side yard setb to 20 ft where 25 ft is required second second Lori second it okay a roll call B Mr B yes yes campus M campus M Gart M yes Mr yes yes good so you're all set all right thank you uh you'll see uh we're going to have to what we call memorialize it so in another meeting or two another month or so we will vote on the wording and then you'll be given a paper that has all these things we talked about legal paper that you'll save in your records and then you can get your building permits okay do I need to be present for that as well all right thank you for your time you're talking about a month or two months okay sounds good before you can get notif when it's but it's okay but it's okay to let the architect proceed with they probably not going to get anything from the T until that resolution's finished and they want the there's a 45 day appeal period that anybody could appeal is what we did tonight okay so you typically let that run out to make sure or you built at your own risk or you build it at your own risk okay okay all right thank you all right thank you for your time you're welc appreciate it thank care good luck good night item number item number two mendra and soyman six Jennifer Jif drive 30.01 10 VAR SE varant releas to construct a 445t banner accessory structure with a 14t thank you come on up and you kind of got a little bit of a lesson for something similar so you kind of know what we're going to ask and I did have the summary she also so I've been organizing my thoughts along those okay let's swear you in first whoever's going to speak is it just yourself or both you're not going to speak at all no okay SAR to tell the truth nothing about the truth hope you're not just spell your name and uh stay your name and spell it for the record Mahendra cherman m a h e n d r a c h u r a m i I have larger drawings for no want to is it the same yes no I'm okay with what we have all right so first of all thank you very much for for hearing us and secondly you all look much younger than than you CH you would have came here 10 15 years ago there would have been everybody with suits women with dresses very formal different world today pic no it's even before that remember this is I don't get to wear very often TR um so this is a summary she this is what you guys are talking about right the summary positive and netive crer is that it okay yeah perfect yeah so this is I think much simpler than the last the last um you know hearing we were simply asking well some background um we we have a swimming pool that that we got when we bought the property in 20 years ago the the pool is actually you know situated closer to one of our side neighbors um as we get older and we need to exercise more and you know we we thinking of building a cabana pool Cabana that will sit on the on the deeper end of the pool area that's I just you read my my narrative you'll see that's the only logical place where we can put a you know a structure a fixed structure um the issue is that from from my neighbor's fence to to the to the to the diving board Rel 30 ft and and the setback requirements are 25 ft so you know it doesn't if ever to fit within the you know the the Zone in ordinance I'll be restricted to a a width of 5et which doesn't make sense so I'm here asking for Relief to build you know within 14 ft of of my neighbor's BR so I'm looking for an extra 9 ft if you will in in col just I'm just taking notes I just wanted you said it from the fence of your neighbor to your it's approx yeah it's approximately 30 fet I measured before I came one there today um with respect to the negative CA um we we did you did and that's outline that in sections three and six and four and five of of the narrative that I submitted um there there will you know there will be no no negative effects on on on neighbor hood or or any the joining properties um nor will the character or their parents um be detrial to the public good um we did speak to the neighbor who's you know who's the command will be most directly closer to and he had zero objection to so that's it that's it in summary I mean no I mean I okay I just want to make sure you finish talking before we start asking questions abely so um you mentioned that you want to put on the side is there why couldn't you put it in the back behind the pool because then then it will face the street and also and it will be in a direct view of the sun I mean one of the reasons I want to do this is to provide some shade also so if you face it this way you know facing the Sun be the fa the part where we want to put the faces the Sun so you put a Comm a shed over it essentially it'll provide shed for us that's why that's the only place where it goes and then it would have to you know move move trees start Landscaping move retaining walls it makes it much easier to do it that way as opposed to somewhere else and it giv gives privacy to us and to our s neighbors also to have it there as oppos to somewhere else okay okay I noticed there's a shower and that's against the side where your neighbor's house it's an outdoor shower I get it h no no facing this way it looks like it's face it's on the side according to the survey map it's on the side facing the neighbors there's a little square there 5 by five does that have to be on that side or could it be on the back side side could be I don't care what that actually but it probably makes sense to be facing away from the neighbors that's away from the side so in other words right now that piece is close that 5 foot is 5 foot closer to the neighbor's house that shower let me let me take a look at my drawing again right you guys see what I'm talking about part of 14 is that is that part of the 14 um um no no because it say 19 on one side with theer be so yeah if you think of the caban facing this way will be yeah but is that 14 ft to the shower cuz that's where it looks like when you look at the the line here is it no the Cabana will be starting from the sh will be where where we start the the Cabana if you will only not yeah but then that means it's less than 14 ft then it's only 10t away then that's what that's what I'm trying to understand or 9 ft away maybe maybe if you come up to the chair he can show you what he's talking about because it might be EAS okay so I'll try to verbalize this is this is part of the exhibits that have been submitted so we're looking see this here that little square is that the shower no the shower will be over there what's that square I think that that was what I think that that's wrong well that's important because it shows here 14 ft to that beginning of that square it'll be 14t to the back of it so what's that square I think he was thinking that that's this to show I'm not sure well then so if this is the drawing it shows it on the side so is that is that like this placing is that the way it would be placed and that's that no it will be this way it will be faing this will be towards the pool no away from the pool well then that's the way it is then that's the way it is so this should be here should be here not according to the way it it shows it there cuz somebody drew that there so that's a very important thing because it's going to be 9 ft away all right okay so we can we can make that conditional well what does that mean that the the outdoor shower doesn't appear so you're saying you're going to move the shower closest to the house facing the pool yes and it's door shower house well I understand that but when you have a structure the measurements begin from that structure even though it's just a shower how far is the pool from the Cabana cuz you're going to be really tight there it looks like it's really close maybe six feet from from the diving board okay you can sit down thank you all right so Marty you want to put that down there the shower has to be on the pool side yes yeah it has to be outside the 14t set back yes I agree completely does it matter if it's on the ends or on the pool do you care no you could put it in three different spots as long as it's not facing do on the one away from the the house on the far side yeah right I would put swing that's up to him that's up to him you know which way other you're facing the driveway is driveway fac it's a driveway yeah the street of the driveway so I I would the other side has a r standing wall it's kind of hard to walk there so that's why it's in the so you understand what we're talking about yes I completely understand okay I'm okay with that does anybody else have any other questions other than that one so the Cabana does it have gas in the Cabana no no just just that TR is there a sink a laboratory a bathroom no it's hard to do that because my my septic system is all the way in front of the house okay and I don't one I mean this is just rest and relaxation right take a drop a beer maybe okay so your shower you stated earlier works with a hose so the water just drains into the ground just into the ground are you putting a dry well or anything so the water goes there or just going to go just on the grass because I have trees and stuff all right any questions comments board members no I don't really have any concerns I mean moving that shower is the only thing moving the shower I again I would think to the back side of the property yeah are you proposing you heard us talk about Landscaping are you proposing any landscape between the on your neighbor's house there's already Hedges and stuff there it's already SE are you looked at the the map already on Google okay so you already have Hedges there okay the trees the hedges yeah okay any other John you've been quiet Mark I mean John Mark you've been quiet down there okay and obviously your neighbor's fine did you talk to your neighbor yeah he's fine it all right all right nobody has any other questions or comments then we should note that we did we should have note on the last one too we did get a letter from Lonnie and on both of them including this one she had no objection to the grant of the so um that's important I didn't I didn't ask if anybody had a conflict we can do that before we Goot yeah just so we kep on the record does anybody have a conflict with the applicant know him you know anybody here okay thank you I forgot to do that all right uh you want to read what the conditions that the one just the one that we're going to move the shower to one of the three sides not the neighbor side correct outside that 14 it has to be outside that set and then also you heard us do another survey that has to be so that we verify that it is where you say it's going to go that's after we build it of course but just make double sure that when they Mark the property that it's in the right spot cu the contractor will blame that's where the stake was so I put it there you don't want to come here after and tell us how they made a mistake and they were 10t away or something right got it okay anybody want to make a motion I'll make a motion to approve to construct a 445t PO Cabana with access structure with 14 side set 25 is requ thank you second subject to the condition thank you to the second roll call yes yes C yes yes you're all set thank you thank you everyone you heard everything that we said before yes so she's going to be your point of contact you're probably going to look at about a month or two months before you actually can get a building permit okay thank you all congratulations thank you thank you okay uh any professional reports to discuss no legal issues nothing no Got The Enclave coming up at the end of July for the hear what's that that's the lawsuit that was filed okay what do you mean coming up for July a hear oh court hearing is that the middl town still no Middletown was uh they were uh motion was made to disqualified I they were uh but Court ruled that but it's the uh preserve H whatever they call themselves yes so than you good night they're the only good night they're the only plain tip so they filed a brief oncl and US filed their own response and then now we're just waiting for the hearing but it's very slow are we on two years now is it two years we approve that uh 23 beginning of 23 I want to say March February okay does anybody have anything else on the agenda you want to courney tell us anything about the future plans real quick everybody has this so one item might get relocated we might cancel June 19th meeting uh she will send this email other than that the next meeting will be June 5th and we have the home Dale storage that coming in for a larger sign did everybody get the plans yet and stuff from Courtney okay you'll get that being built going quick yeah no no it's being built there's nothing wrong with that no it's being built yeah the only can say we did approve that yes the actual building that's there and the location everything was approved they they did not ask for a specific sign at the time so uh if they need if they were going to exceed the 10 Ordnance or number of signs whatever they knew they had to come back it was all part of the record now they're proposing a sign I guess that doesn't comply so they're coming back with a sign for the building and that's all we have on the agenda and probably nothing else ex except for a resolution maybe right if he's fast okay so those other things so the Mount Drive is done that's uh well you want to talk about that Martin M drive drive they they withdrew so they can come back they withdrew the whole application so if they come back they start from scratch okay um so you could throw away whatever you have on Mount dve basically or recycle it and then um these they never came up with these the one place that basketball facility right up across the street from the medical building yeah oh the med they went for basketball medic I think that's on the agenda for July 17th okay so we'll hear about that at that time and uh Courtney will get us all the items that we need for that okay okay can I have a motion to adjourn to second second Lor second it we're adjourned half hour