WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=rbnaHXc1G2U

NOTE
MEETING SECTIONS:

Part 1 (Video ID: rbnaHXc1G2U):
- 00:00:10: Meeting Called to Order, Roll Call, Pledge
- 00:01:57: Approval of Zoning Board Meeting Minutes from 2024/2026
- 00:04:25: Introduction of the New Board Engineer, Albert Yodakis
- 00:05:17: Kimalooski Garage Variance: Overview and Required Setbacks
- 00:06:59: Completeness Waivers Discussion: Details Lacking Documentation
- 00:11:48: Motion to Approve Engineers Report and Completeness Waivers
- 00:13:10: Randy Shimallesi Sworn In; Applicant Testimony Begins
- 00:17:09: Board Engineer Additions: Grading Plan, Recharge Structure
- 00:18:13: Board Questions Applicant; Garage Location, Tree Removal
- 00:21:38: Debate on Garage Placement: Front Setback vs. Tree Removal
- 00:23:39: Can Garage Be Moved Further; Home History and Hardship
- 00:27:32: Joseph Vas, Homeowner Sworn In; Explanation Of Layout
- 00:29:27: Google Maps Review; Cul-de-Sac, Street Entrance Explained
- 00:35:29: Conformity with Neighborhood; Flags for Future Site Visit
- 00:37:38: Board Questions and Open Comments Prior to Official Decision
- 00:40:17: Public Comment: Dawning Granville Clarifies Street Intersection
- 00:44:38: Granville: Gate Location and Property Owner Information
- 00:45:10: Informal Vote to Conduct Unofficial Site Visit
- 00:47:20: Motion to Carry this Hearing to April 22nd
- 00:51:20: Eluki/Hamed Pool Variance: Description of Approval Needed
- 00:52:29: Andy Castello Recuses Himself; Udakis Pool Variance Overview
- 00:54:53: Emily Hamed Sworn In; Attorney Description of Pool Placement
- 00:57:55: Removing One Variance; Reason for Location on Lot
- 01:00:08: Unique Location: Explain Backyard and Conservation Easement
- 01:02:16: Background of Home Purchase; Surprise Conservation Issue
- 01:04:10: Location of Pool; Walkout Basement and Access
- 01:07:09: Udakis Comments: Valid Hardship of the Existing Property
- 01:07:56: Board and Google Map of Home: Views Blocked by Vegetation
- 01:09:28: Concerns About Proximity to the Property Line
- 01:11:54: Rather Have It in Front; Property Line and Privacy Issues
- 01:14:06: Move Closer, Landscaping Options and Technicalities
- 01:15:24: Comment about Entrance from Bathroom and Kids, Pool Safety
- 01:16:48: Another Suggestion; Cut Off the Deck to Move Pool More
- 01:18:20: Consider Drainage to Run Off; Conservation and Runoff
- 01:20:29: More Conversation on Loose Stones, Disturbance and Native
- 01:22:53: Land in Conservation and Restoration of Conservation, Board
- 01:24:01: History and History Photo/Aerial Photos Over Long Time Span
- 01:25:19: Top Right Map and Brook Stream, Also Disturbance and Photos
- 01:26:55: Board Should Make ask Town to Remove Stones, More Buffer
- 01:29:03: Board Should Give More Opinion, Hardship of Property/Home
- 01:30:59: A Conservation Easement Impact is Considered Hardship
- 01:33:25: Board is Willing to Compromise/Vote on With Conditions
- 01:34:30: Motion to Agree and Accept With Condition's, the Variance
- 01:36:25: Approval of Meeting and Other Agenda's/Business and Close


Part: 1

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Check, check, check. Okay. Um, like to call the zoning board of adjustment regular meeting agenda for April 15th at 7:00 p.m. Uh, Francine, do you want to call to order? I hereby announce pursuant to section five of the open PE

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public meetings act that adequate notice of this meeting has been transmitted on January 14th, 2026 by the board administrative officer to the Asbury Park Press, the Two River Times, the township clerk, and has been posted in the meeting room and in the entrance

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hall in town hall pursuant to section 13 of the open public meetings act. >> Thank you, Francine. Ireina, do you want to do roll call, please? Uh, Mr. Burkel >> present. >> Miss Campus >> present. >> Uh, Miss Gerard, Miss Gerard is absent.

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>> Uh, Mr. Luchiani >> here. >> Mr. Mzoka is absent. Mr. Gian Paulo >> here. >> Mr. Oranita Pulos >> here. >> Miss Castello >> here. >> And Mr. Arnon >> here. >> Thank you. We have a quorum. >> Great. Thank you. Irena. Uh please stand

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for the pledge of allegiance and remain standing for a moment of silence to honor the military, police, and our first responders and to pray for our military overseas. >> Algiance to the flag of the United States of America and to the republic for which it stands, one nation under

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God, indivisible, with liberty and justice for all. Okay. Um, Marty, I don't believe we have any resolutions to approve at this meeting. Okay. Irene, I do believe we have some minutes from 2024, two last sets of minutes, and then we have one

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from the March 18th, 2026 meeting to approve. Is that correct? >> That is correct, Mr. Chairman. >> Okay. Uh, do you want to start with an or uh chronological order met January 24th, 2024? >> Uh, sure. Does anyone have any edits, questions,

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or concerns about the January 24th, 2024 uh minutes as sent to everyone >> electronically? Okay, Ireina, can we have a vote on the minutes to approve? >> Just need motion and second. >> Who's eligible is Mr. Burkel, Mr. Gian Paulo,

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uh Mr. Orphanos, Mr. Luchiani, and Miss Campus. >> Make a motion to approve the minutes. >> I'll second it. Mr. Burkel, >> yes. >> Mr. Gian Paulo, >> yes. >> Mr. Ofanita Pulos, >> yes. >> Mr. Luchiani, >> yes. >> And Miss Campus,

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>> yes. >> Okay, great. Those minutes were approved. Uh, the next set of minutes, I believe, were for September 4th, 2024. >> Uh, who was eligible to vote on these? >> Uh, Mr. Burkel, Mr. Gian Paulo, Mr. Pulos, Mr. Luchiani, and Miss Campus.

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Can I have a motion? >> I'll make a motion to approve the minutes of 942024. >> Second. >> Second. >> Arena. >> Mr. Burkel. >> Yes. >> Mr. Gian Paulo. >> Yes. >> Mr. Oranita Pulus. >> Yes. >> Mr. Luchiani. >> Yes.

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>> And Miss Campus. >> Yes. >> Okay. The minutes were approved for September 4th, 2024. The last set of minutes are March 18th, 2026. Ireina, could you let us know who's eligible to vote in these? Everybody who's pleasant, I'm sorry,

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present are eligible to vote. >> All right. Can I have a motion to approve, please? >> I'll move to approve the minutes for 318 2026. >> Second. >> Mr. Burkel, >> yes. >> Miss Campus, >> yes. >> Mr. Luchiani, >> yes.

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>> Mr. Orphanita Pulus, >> yes. >> Mr. Gian Paulo, >> yes. >> Miss Castello, >> yes. >> And Mr. Arnon, for the record, minutes for March 18th, 2026, September 4th, 2024th, and January 24th,

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2024th were successfully approved. Thank you. >> Okay. Thank you, Arena. Uh before we get to the public hearings, I just wanted to introduce our new board engineer, Mr. Yedakis. Do you want to just kind of give everyone a a brief intro? Sure. >> Thank you, Mr. Chairman.

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>> There's no mic for Yeah, I was going to say where's the mic? Yeah, a couple more mics. >> Thank you, Mr. Chairman. Uh, Albert Yodakis. Uh, I'm a licensed professional engineer, uh, professional planner, certified municipal engineer, president of Burough Engineering. Uh, happy to be

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here. I've been practicing for close to 30 years in Mammoth and Ocean County, and, uh, looking forward to working with everyone. >> Great. Well, we're happy to have you on board, and these will be your first two, uh, public hearings. We're actually going to switch the order. Um I I know we had some technical difficulties, but

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if uh >> we're Okay, then uh uh Francine, would you please read out the reverse order of the uh Sure. hearings here? >> Sony Board of Adjustment 2026-02 Randy Kimalooski

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7 Parkway Place, Block 24, lot 15. The applicant is seeking to construct a twocar detached garage on the applicant's property, which is the corner lot. The homeowner will need a bulk variance to permit said construction of the garage within 30 and

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1/2 ft of the property line where a minimum of 75 ft is required, necessitating a front yard setback on this property, which fronts two streets. In addition, a variance is required to permit the construction of the garage to conform to the requirements in the R4A

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zone. >> Okay. Thank you, Francine. Uh, Mr. Udakus, can you uh >> I'm going to swear in first. Okay, >> we'll swear in for both hearing both matters tonight. You swear to tell the truth and let the truth have begotten for both matters. We'll do your client.

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>> All right. Thank you, Marty. I appreciate that. Uh, Mr. Yakis, can you please give us a brief overview of the hearing that we're about to uh hear testimony from? >> Sure, Mr. Chairman. Um, as Francine uh said, this is uh an application for a singlestory, twocar detached garage in

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the front yard, the front yard on this lot facing Parkway Place East. Um, it's also for an expanded driveway to service that garage so they can expand it to actually reach the garage as well as a little bit up closer to the house. The only variance that's required is the

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front yard setback. Uh this is a corner lot, so it also fronts on Parkway Place East. Uh 30.5 ft is proposed where 75 ft is required. There are a number of completeness waiverss which were outlined in my report. I believe that the board can move forward in granting

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all of those completeness waivers. I believe you have enough information to hear the application as it's proposed right now. Uh there are several engineering items I'd like to go over a little later, but I'll let the can present their case. >> Okay. Thank you. So, Mr. Mena, you're the attorney for the applicant.

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>> Good evening, Mr. Chairman, members of the board. >> Yes. >> Great. Thank you. Um, so I'm going to let you >> just jump. Should we uh make a motion to deem it complete based on your recommendations?

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You said there's completeness issues. >> There there are completeness waiverss. Uh it's a rather straightforward application. Uh I don't know the pleasure of the board if you would typically move to approve those completeness waiverss first or if you just do that as that that would be my recommendation but got first night I don't want to be

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telling you okay >> we're looking for advice and counsel >> Mr. Chairman and Mr. Fleger, just for purposes of the record, I have read the engineers review comments and recommendations, including conditional approvals with respect to the plan

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itself, the applicant does agree to all of the items contained in the engineers report. There's no question about them if we have to follow up in terms of on-site conditions. >> Okay. Thank you. I I think I'd like to still hear what they are because I don't have a copy of the report.

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>> So I want to hear what are not completed. >> So Mr. Udakus, if you can uh review these for us >> certified list of names, blocks and lots of owners within 200 ft be provided on the plan. I believe the applicant provided that.

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>> Just tell them that I didn't I didn't get this one. I did get >> it's not done. >> Well, there there's a number that would need to be. >> Oh, there's more than needs to be done. >> I'm sorry, Demetri. It's in your letter. Did you get the letter? >> No, I didn't get it. >> It's in the letter. Yeah, >> I didn't get it.

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>> Kate is not coming. >> Okay. >> Did you guys have the letter or am I the only one? >> No, I don't. >> You're the only one. >> No, it was emailed to you as well. >> I don't I didn't get it. >> I got >> I got for the swimming. >> You guys got it emailed and you printed

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them. got it. Everybody got it. >> I'm sorry. >> All right. Well, can I hear them? >> Can I hear them all? >> You want me to go through it? >> Yeah, please. >> Okay. Think >> uh the certified list of owners within 200 feet is supposed to be placed on the

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plan. It is not in this case, but the applicant has provided that to my understanding has provided notice. So, I would have no issue with the board doing that. um 15 copies of a detailed narrative of the applicant's proposal. I believe it's pretty straightforward uh what they're proposing. I wouldn't have a problem

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with the board waving that. Three copies of any covenants and deed restrictions. Uh to my knowledge there were none on the property or at least none that would be affecting the application you're hearing this evening. Three copies of proof of application for all outside agencies. At this point, not

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many of these outside agencies are going to apply to this application because it's rather minor. Most of these would be related to uh major subdivisions or site plans. Um 15 copies of folded development plans. Uh zoning schedule included on the plan.

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Location of all existing and proposed easements and covenants. Location of all existing accessory structures. Total area of landscaping open space expressed in square feet. Finished grade and basement finished floor of all elevations for existing and proposed

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structures. Location type of existing and proposed drainage facilities. Location of all wells and septic and that was it. >> All right. >> I have a question. Is it just that the documentation hasn't been furnished or

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they have not done the research like I'm saying for deed restrictions or the placement of the septic system because sometimes we have to have allowances for how far from a septic field and stuff. So is it just the documentation isn't here or the research hasn't the uh

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research hasn't been done? I >> I believe the documentation is not here not not shown on the plan. So the applicant is going to be required like that's a good question for set back to a septic system. They're going to have to buy by that. Uh they they have done the research to my understanding with my

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discuss I had a discussion with their architect and they know where that is and they are providing that setback but the septic system itself is not shown on the plant. Technically it needs to be shown on the plan. Okay. >> So that would be up to the applicant to make sure that that is the case.

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>> Okay. Like everything else, we typically accept the engineer's recommendation subject to obviously if something's needed during the hearing, the you know, we can always request it. >> And by the way, in answer to your question, uh the deed does the uh the title to the property does not show any

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other unusual restrictions on the property based on the title report. And as I indicated at the outset, if any additional information has to be provided as a site condition, it will be done so without question to the satisfaction of your engineer.

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>> Okay. Thank you. >> All right. Do you want to begin? Uh >> motion to accept uh the complete subject. >> Okay. Can I have a motion >> engineer >> to approve the engineers to >> approve the engineer's report and

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>> the recommendation >> recommendations for uh waiverss uh listed in his report? >> Can I have a second? >> Second. >> Mr. Burkel? >> Yes. >> Miss Campus? >> Yes. >> Mr. Luchiani? >> Yes.

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>> Mr. Gian Paulo? >> Yes. >> Mr. Orphanos? >> Yes. >> Miss Castello? Yes, >> Miss Arnon. >> Yes. >> I'm sorry, Mr. Arnon. A motion passed. Thank you. >> Uh, ma'am, I I I I know that you wanted to say something. The public comments, we're not voting on this uh hearing yet.

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Yeah. No, but we're going to open up later on. We're going to have a whole time for a public comment. Um, we're going to continue with the uh applicants testimony at this point. >> Mr. Mena? >> Yes. I believe Mr. Faker, she has to be sworn. >> Yes. Is that your only witness tonight?

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>> Um, that that's correct. Yes. Do you swear to tell the truth? All the truth, not the truth. So, I hope you got refer to this application. >> Just for the record, spell your name. >> Uh, first name Randy, R A N D I. >> First name Randy, R A N D I. Middle name

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Marie, M A R I E. Last name Shimallesi. C H M I E L E W S K I. >> Thank you. And one administrative matter. Marty, do you want to Should we sit Salon up here in Lor's seat? S do you want to come up? >> He can stay there. But why

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>> don't you come up for for Lori Gard >> Welcome S. >> Thank you. >> Okay. So you can uh begin with your testimony. >> Thank you very much Mr. Chairman. Mr. Mleski, you are the owner of the property. Is that correct? >> Yes.

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>> And do you own the property also with your husband? >> I own the property independently and am married to my husband, >> right? Your husband is here tonight and you live there as a family. Okay. When did you purchase and close title on the property? >> September of 2025.

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>> Okay. And uh is it your desire and intent after you moved into the new home to pre to create a garage, a singlestory garage for the use of your family? >> Yes. >> And um for it's a two-car garage, is it not? >> Yes. And you've heard me represent to

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the board that in the event the board were to approve the application subject to conditions which either the engineer or the other professionals would seek more information to be placed on the plan or also more information to be provided to the board. Do you agree to

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do that? >> Yes, I do. >> Now, the property itself is on two streets. Is that correct? >> Yes, it's corner property. >> Okay. And can you purchase any additional property on either one of the corners? >> No.

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>> And I see that you've retained um an architect and you've submitted architectural plans to the board. Is that correct? >> Yes. >> Okay. I believe, Mr. Chairman, the plans prepared by um the architect have been um supplied to the

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>> And these are these are the surfaces. >> Yes, we have these here. >> Are are we going to mark them, Mr. Flavor? if they're submitted, they're part of the package. We don't >> And the second part of the package, if I may, would be the survey, which is the uh Lakeland survey, if the board will

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accept it. Thank you. >> Now, is there any reason why you and your husband decided to ask your professionals to place the garage in the location where you asking for approval by the board?

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>> Uh, well, I think we would have to ask approval just by me. >> No, no. saying, "Is there any reason why you located or you want the the garage located where you're trying to place it?" >> I think it's the design that we're hoping for. Um, and by nature of the

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corner property that is >> Is there a particular hardship? Is that what you're saying? There's a particular hardship with this property. >> It's a corner lot. >> Sorry. >> Go ahead. I'm sorry. Is there a driveway on the where you're seeking to place the garage? >> That's correct. Yeah. So, it would be most approximate to the presently the

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driveway that currently exists. So having to do the least amount of >> dislocation. Is that correct? >> Correct. >> And you're seeking approvals for the board to be continued as a single family home with this garage if the board were to approve it. Is that correct? >> Correct. >> Okay. No further questions of the uh

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applicant. Okay. Um at this point we'll open up to any kind of any >> Mr. Do you have anything to add to this? >> Uh just a couple of items Mr. Chairman. Uh there there is a bit of a slope at the front of the property where the back

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of that garage will be. So I'd be asking for a grading plan prepared by an engineer so that we can just see that that'll be properly done. I imagine that that's going to be some type of >> not a problem. >> Yeah, that'll be some kind of exposed foundation or retaining wall there. I it can absolutely be done. I've been out

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taking a look, but I would just ask for that. Um and then uh if the applicant would uh agree to providing some type of a recharge structure for the increased impervious coverage on the lot. >> Yes. >> So those are two conditions. Marty will

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application. Just those two. >> That's it. >> Okay. Great. Great. All right. Then I'll open up to the board for any kind of questions or um comments. Jean, do you have anything? >> Well, I uh I'm a little >> Is the mic on? I'm sorry. Is the mic on? mic. I I think the mic is on.

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>> Uh but uh I have a uh confusion as to exactly where uh the the garage is placed and the uh I don't see that. I see a small uh little little diagram here.

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>> Could you zoom in on that? Is it possible to zoom in so you just focus on the house and the property itself and get rid of all the verbiage? >> The survey doesn't show. can zoom in from the side >> and then just move it over. Roll it over. Move there. Pull it to the side there. Yep. >> Oh, I see. Now, >> keep blowing it up

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>> right there. One more. The lower box. >> Oh, is it the detached? >> Detached. >> Okay. >> Oh, so this is the garage. >> Okay. So, the driveway Okay. And that's why it's so

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>> require variance. >> Question. >> I I guess Mr. Mr. Luchiani, are you asking the applicant why she's putting the why she'd like to put the garage where she's proposed versus the back? Is that correct, sir?

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>> Yeah. Rather put it back here >> where it would require variance. >> No required. >> Okay, >> that's my question. >> I I Go ahead. I can't answer for you. He's asking why you're asking the garage to be placed where it is instead of

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moving it back closer to the home. Is there any reason um that you'd like it that way? >> And just speak into the microphone if you can. Thank you. >> Sure. Uh several reasons including there are some trees presently there and so it would be our preference um not to have

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any like additional disruption. Um and so among the reasons that would be that would be one of why we thought that this would be a good location for it. >> But it's but it would require but you're not having enough setback then from the

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property line. uh uh as required by the ordinances if you put it to where you're placing it. Whereas if you put it in back there Okay. So you'd have to remove some trees. >> Um yes, that's one of the the

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differences. >> Yeah. If you see I guess um Jean, if you look at that top there, you can kind of see I guess there's a two trees off to the left of that picture on this here. >> You're referring to the survey. >> Yeah, the survey. You could probably I see the trees you're referring to there.

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>> Okay. >> How how would you describe those trees? How tall? >> What type of trees and how tall are they? >> Um your estimate. >> Mature trees at the height of you know >> 50 ft. >> So they're Yeah, they're they're mature. Substantial trees. >> Yeah. Yeah. You've seen it, Mr. Yet. I

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guess your comments. Is this a good location? Does this make sense to you when you saw the property? Uh I I think it does. Uh I I I understand they're not wanting to cut down the the trees that are there. >> I think we all do on this board. Yeah.

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Yeah. >> My turn. >> Yes. Or or Angela, did you anything? >> Nothing for me. >> Okay. So, I love trees, too, but sometimes you have to pick the lesser of two evils. So, by moving it up that far in front of the house, how's that going

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to look on the whole neighborhood? having your garage sticking out way out into the front setback. To me, I I hate to cut trees. I just went through it on my property. I cut down a lot of trees to do a lot of work on my house. And besides the cost of it, I changed the

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whole look of my yard. But I had to do it. And this is one of those cases where I would rather see the trees cut than you be all the way up front that far from the street. And it could affect the scape, the streetscape for your whole neighborhood having a garage up there. I

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if there's any neighbors here that will say something about it, but if I was a neighbor, I wouldn't want to see a freestanding garage that close to the street driving down. So, that's my feeling. >> I have a question. Could you move it up

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further towards the trans? >> I think the applicant would like to address that for a second if I may. >> Of course. >> Yeah. if I could. Um, uh, one of the conversations that we've had has been about the consistency with the current scape of the neighborhood. And sorry,

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um, um, one of the conversations that we've had as a family is also about the consistency, um, within the neighborhood. And there are, um, several properties within sort of the drive around and about the neighborhood. Um, that are um, closer both to the setback

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um, as well as one property that has a detached uh, two-car garage, for instance. um that is similarly um within sort of a rough estimate of 30 feet um from the street. So um uh I'm not sure if that's helpful information, but I did

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want to add that in terms of like our observation of consistency within the um other properties that are within um this particular neighborhood. >> Okay. Thank you. Francine, you had >> I have a question. Could you move it up

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further to lessen the because you're at 30 which is more than half of the setback that you're allowed. Could you move it further towards the trees at least? >> Sure. Um are you asking maybe can the applicant revisit the actual application

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to ameliorating some of the uh proposed impact of the variance? I think that um we could possibly do that. uh in other words, come up with a now that I've heard the comments and suggestions of some board members, we

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can take a look at that and um yeah, I I I think that can be done, but I just don't have an exact answer right now for the board. >> I have another question. Did this house ever have a garage and it was part it was made into part of the house? Is that

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what happened to the garage? >> No, there is a garage. >> Where is it? Uh it's in the the main structure that um we would like if there was a possibility to have a garage that we would be interested in making that part of the home. But that's not of course we can't take can't can't even

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consider step two without having you know knowledge that we have. >> Is the garage entrance from the front or from the side? >> It's from it's a little hard to point but it's it's the driveway goes directly into the garage. >> Okay. So the garage door is facing the front of the house. It is because the house is like it's it's unique like the

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front of the structure and its original design uh is located like looking out onto what was originally I guess open farmland. So the back of the house is the technical front of the house and the design configuration of the original design of the home it. So

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>> is there any reason and I'm not trying to redesign your house but I'm just trying to think about how >> not to have it where it is. Yeah. >> Is there any reason why you couldn't just have attached the garage to the existing building and just went out to the left and made it like a threecar

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garage in a row >> instead and that would mitigate the this whole thing because there's no trees in that spot, right? >> I think >> which spot are you referring right off to the left of the house right where the house ends continuing the garage right

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after that. Is there any trees right that up against the house that closely? >> That's where the two trees are now. >> Well, they're they're over I mean, it's a few feet of of space. >> In other words, you see the house the garage is kind of like on an angle

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following the house. So, I'm just thinking if it went a little bit closer to the house and back, it it'll mitigate it'll it'll solve the issue of even having a variance. But, I don't know where exactly all the trees are. They're not marked on the plan. So we can't there's no way to know where

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>> I I I I appreciate your comments. Um I think that if we move it too close to the existing residence or attach it to the existing residence that would dislocation. So maybe if the original plan by the member to take a look at the

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actual physical location of what has been presented to you with an ameliorated revised quick plan, I think we could probably address at least that concern. >> Yeah, I think if you brought down the variance a little bit. I mean, we're

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asking for more than half of, you know, of uh what's allowed. >> That makes sense. I don't know if we can vote on something that >> Well, no, I I think we would we would give a >> We would have to see what you're talking about. >> I I I don't disagree. I just when I heard the comment, I think that that

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could be a solution. That's why I mentioned what I did. >> And I if you're going to do something, if if that's the case, I would like to know the size of the caliper, the trees, and where they're located to determine >> where where the hardship is with moving it further back.

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Um, do you Marty, do we swear in her husband? >> Come up. >> Yeah. So, come on up and you'll be sworn in by Marty. >> Yeah. Speak into the microphone right there. >> Good evening. Joseph Vas, let me just You just want to tell the truth, not the truth. Have you got >> I do. >> Okay. Just spell your name for the record.

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>> Vas is in victory. Sam, >> um, I just wanted to just lend some information. >> Sure, please. So, when we purchased this property back in uh September, it was presented to us that this was, you know, the front of the house was the rear, which is facing

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Deer Crest. And if you guys are familiar with Deerrest, that's a road that comes off of Crawford's Corner and just kind of runs back all the way to the Parkway. >> The Parkway Place East is a dead end. They gated that that road. So, this property

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is a dead end at the end of a culde-sac essentially at this point. We've heard mixed stories as to how that occurred. We heard stories that there was a bus that went down the hill, slipped out. They also said that some high school kids used to run through there and cause some commotion, so they closed it down. It's only used as an emergency exit. So

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the road to the front, you push forward where the driveway is, that's from the east parkway place entrance. >> The corner >> and you're saying that's the back of the house? that that's essentially the back of the house, but nobody has a reason to come up that road unless they're coming to visit us, >> okay?

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>> Because it's essentially a dead end. >> So, when you come up Deerrest, you get to the end, you make a lefthand turn onto Parkway East, and you're basically going directly to our house. There's no other entrances. There's one driveway when you make the first left onto

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Parkway Place East, but there's no other there are no other there are no other residents. There's a ranch that's up on a hill that is between us and the parkway. That's where it's located. >> But going back to just where the location of the garage is if I can just really quickly. >> And can we see Can I ask a question? Can

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your wife put on Google Maps on the computer right there to kind of give us an over >> to see I want to see the back of the house. What he's just a kind of a visual of what you're explaining about the the >> as far as that gate goes. That gate that's been a controversy for a long

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time. I'm on the first aid squad and that thing is a pain in the neck when I go on a first aid call down there and have to drive around there. So, >> our next door neighbor Bob, >> yeah, if it was up to me, I would rip that whole thing out and make that street accessible. So, let's don't count it as staying private forever.

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>> I'm just I just trying to give people an idea. >> I know. I know. >> It's just a gate. >> Oh, yeah. It is. >> It's just a gate. One of the reasons that you said, >> "Can she access the internet?" >> I'm just as it currently exists.

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>> And going back many years, the person that put that gate there had a lot of influence in the town. >> Oh, I know. >> And that's why that was able it could never be done today. >> And nobody ever took it off and left it there. So, it's still there, but it'll go out eventually one day. >> There's no need for it to be on a public

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street. But with with respect to one of the questions that was posed about putting alongside the existing ranch, um there is the driveway runs to the very end and in order to access the front of the property, you go along that side of the property. So putting it there will

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lead you to basically the hill that the engineer had represented and it only gets steeper to that front end corner. So, he's talking about doing some grading where we're proposing it, but if you actually go further towards the house, it's up on a hill and that corner

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is up on a hill and there there are two very large trees. 50 ft is is I mean, she's being very good about that and she's doing an estimate. Um, so, but there are there are a number of trees there and then you would have to build a bigger retaining wall because of the

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hill in addition to that. And if we're going to start talking about septic, there's a leech field that sits down the hill. >> And so then you have other setbacks that are actually you're bringing it closer to the septic tank at that point. >> Um,

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>> okay. So >> I can't see any of that. >> Yeah. You zoom. Yeah. Kind of. And do the um Yeah. Do the What's there? There there's a vis which there's two options. There's one with the >> satellite all the way on the bottom right. the bottom left >> to the left

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>> and you can see the drawing of it on the bottom. Don't hit the box >> the layers >> right there. That's it. >> There you go. Okay. >> Hit the satellite. >> All right. So, if you don't I'm sorry. What was your name again? Mr. Vos. >> Joseph. >> Joseph. Could you just kind of like I guess point to this screen over here just to kind of show us what you were trying to describe to us about coming in

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from the back side of the road where there's the gate and um >> you can't see the gate. It's under the brush. >> Yeah, you can see it if you go to that picture with the house. If you just turn the Google Maps, it'll probably be there. So that's the properties exist and you see those are the trees right there. So

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that's the the grading that he's talking about. So there's there's the >> Oh yeah. Go back. Yeah. Actually go back to the right though. >> Go back to Yeah. Right there. So that's the gate you're So Demetri tell me about this gate. What is this gate for? >> They put you can't really testify to

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>> you can give a overview but be careful >> just to what the applicant said is the reason that somebody put it down. >> Okay. I heard two I heard two stories sir. What >> sir? Ma'am, you're going to have to wait until they open it up to you >> to public hear. We're not to the public comment yet. This is this is the applicant's testimony.

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>> Got to wait. You got to wait. Wait. >> No, ma'am. We're going to open up to public comment after this. This is the applicant's testimony first and then we're going to open up to public comment. >> Okay. >> I I'm going to give you all the time in the world to speak afterwards.

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>> So, that's the gate that I was talking about. So, if you made the left on to Parkway Place East, that's what you would run into. Okay. So, let's see your house. >> Move to the left. >> Turn it towards the house where the garage is ted by the pickup truck, I guess, is where you're sitting. >> No, it's so it's on that side. See where

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that tree is? >> That's where you're talking about right here. That's where the garage would be. >> Okay. >> You go further down. Can you see? >> Can you zoom in back there? Zoom your uh your uh the screenshot. >> See? See how it get See how it gets steeper over here? >> Yeah, I did see it. Yeah, >> that's why that corner is not feasible.

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And there's also these two big trees right here that are pushing up. Yeah, but behind that tree where that pickup is. What's to the left of that tree? >> There is the left. >> So that is the extension of the driveway. You're correct. But that's how you access the front porch, the front

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the front area. >> Now, are you able to zoom down the road to the left a little bit to kind of go left and then >> go down that street and look at the house that way? Yeah, cuz so right now. Okay, >> keep going and then just turn down the street >> and then make a right.

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>> Turn. >> Jean, don't take a dive, please. >> I don't feel like doing any. >> All right. And then Yeah. So, let's see the front. Now, let's see the front of your house that you were talking about. >> Okay. So, that's the front of the house.

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You might have to go a little bit more further back. >> And that's your other you have two driveways into your home. >> No, >> that's the neighbor. >> Oh, that's the neighbor. Okay. >> Sits on. See, it's up. >> And Mr. Udak, is this is the um wall, the retaining wall that you're

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suggesting they build as part of the condition? That's that's the area that they would they would need to do something a foundation wall or >> what kind of elevation are you talking about there? >> It's it's several feet. I mean it's not it's not like some of the slopes we see in town by by any means but

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>> are you talking a three-foot wall a four foot wall six foot wall >> I hate I hate to >> without having I would I would say between 3 to four feet is worst worst case >> if I just may highlight because I this I am an attorney by background um I don't

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do a lot of this kind of application that's why Mr. man has represented me so well. But um conformity of the neighborhood I I I know this to be a pretty persuasive item and this is an older area of Homedale. So if you look at the conformity of the neighborhood, this is Mr. Still Well, he's the one

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that I think was one of the developers of this whole area. Yes, he was. >> And if you look, his property actually has is less than 30 feet. And if you go on to Birch, there's at least two properties, three and five, that are like that as well. Um that's 22 Deer

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Crest. That's the corner that I look at. So as far as conformity of the neighborhood, we definitely took that into consideration when we proposed its current location. I think there is some room to answer your question. I think, you know, if I'm going to be honest with you, I think my architect put it there.

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So we have like a five foot swing there, you know, but I think that I think that's what it is. So I think there's not more than five feet until you start getting like into the steeper area. >> So you're saying there there is room to bull back five feet towards the house. There's probably like five. >> Mr. Chairman, I'd like to make a suggestion since we're not going to go

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forward with approving this today. >> Maybe the applicant can put a couple of flags at the the place that he thinks he can move it to and then we could just do a drive by on our own and just to see where this is and get an idea of the slope because I I can't visualize what

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they're talking about. I the trees don't look too big to be cut down. I cut down trees that I couldn't even put my arms around to put my pool in. And so just to be clear for the board here, so it's 75 ft is required. They're at 30.5 ft instead. So they are suggesting, Mr.

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Vase is suggesting that he could bring it back to 35 1/2 ft of the property line. >> So that's easily accomplished in my opinion, but I'm not an engineer. So, do we want to do a just a do we want to do public comment first and then maybe do a very informal for

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>> all the board members still John and >> then >> do an informal kind of question >> the public comment. Yeah. No, I think we're good. Mr. Oz, we're going to just add some more questions to the board.

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>> I don't have further questions. I would just reiterate what Demetri said that the idea of a standalone garage I think is really is is just not going to work. >> The free excuse me, freestanding garage. >> Mr. Arnon,

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>> I have no questions. >> Francine, you're >> my only thing is my original suggestion to work as much as you can to push it back so that when you come into the board, you're not asking for the type of variance you're asking now. >> Thank you. Yeah. Okay. Um, so I think

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we've definitely uh Anyone else from the board? I think Jean or Angela >> one. Yeah. when we when um when we do return um for this if we can maybe just get a better idea of how high that wall would retaining wall would probably be and just what viewpoint it would be from

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the street where it's just going to be visually present. Thank you. >> Okay. >> You know topographical map too. >> Well, we might do a site visual leading towards a site visit possibly if everyone wants to take the time to do that. >> Not an official site visit where we're meeting with time. We drive

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>> with the flags. But I'd like to hear from the public first. So, I'm going to close if if everyone's spoken from the board. I'm going to close the the board's comments and questions. Jean, did you have anything else? >> Just one question. Uh, you already have a two twocar garage there. >> I believe it's one and a half. It's like

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an oversized one within the home. >> Okay. So, you want a two more uh another twocar garage besides the onecar garage you have. >> Um, our our hope is that if we would be approved to be able to have a a detached garage to be able to have a garage that

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we could then amend our construction plans as we're making some renovations to the home to be able to finish the garage that is currently part of the home. But of course, we can't apply for that consideration unless we would be able to um be able to comply with the um

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the zoning. >> Okay. >> Step step one, >> my understanding is that if the plan in some fashion is approved, there is no intent to create anything other than a twocar garage on this site. So the existing part of the home that had been

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the garage would be converted into livable space or expansion of some of the rooms. That that's what I understand is going to happen if the board approves it. >> That's correct. >> Now you understand why. >> Okay. Anything further, Mr. Benna? >> Not on our end right now, sir. >> All right. Anything any any anything

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else from the board? All right. I'm going to close the board comments and questions. And at this point, ma'am, I'm going to ask you to open us up to public comment and any >> question or comment >> for questions or comment. So, if anyone from the public would like to come up to the uh microphone, please uh state your

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name, your full name, and your address and any questions you may have for the applicant or any statements you'd like to make just generally. >> You got to have questions or comments or both. >> All right. So, we're going to swear you in because couple of comments we have to swear you in. Do you swear or affirm the

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testimony I'm about to give is the truth and nothing but the truth? >> It's true. >> Okay. If you could spell your name for the record, please. >> Okay. I I have to come back. >> Spell your name. >> Your full name and your address. >> Spell it, please. >> Yeah. My name is Dawning Granville and I live at N. >> Can you spell Can you spell that name for us?

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>> D A W N I N G. Dawning. Thank you. >> And the last name is Granville. G R A N V I L L E. And I live on Nine West Parkway. >> And how where in what vicinity are you? How close are you to this property?

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>> I'm right next to my neighbor. >> Okay. So you're her next door neighbor. >> So where what's the property? That's so we see on the survey. >> Yes. So if are you on Did you say you're on Deer Crest or you're on park? >> I'm on the other side. Yeah. On. I'm on West. >> You're on the other side of the fence.

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>> Yeah. I'm so like I you know like the I'm a very stubborn person now. I see the map even the map is very clear but then when I receive the letter it just say that know the about two streets you know so I have to be very firm that's the reason I ask

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Ireina where is it no then I want to make very clear is along deer crest and intersect with the east parkway place so I have you know now I make that clear so

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because I'm because on the letter I receive it does not mention the street address because I could say that somebody could say that there's two streets east Parkway and West Parkway right because like uh so now it's very clear so I have to

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put it just like black and white and say that and another point I'm talking I hear you talking about the gates because I have been a resident for almost 30 years when we first move to the town, we

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do a survey. From my understand that that intersection of the gates actually the land is divided to three property owners. So like that basically that that

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part there it belongs to the resident. I have a part of it and the East Parkway has a part of it and then the people across the street on the other side of the East Parkway has a part of it. So

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like so like so but you I know when I get there the gate is already there but then basically the prop that property belong to us. So like it, you know, it just I feel

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funny if people just drive through our property, you know, that's my No, but of course could be changed. But that's why I understand that. >> Does this pertain to her property though? >> Yeah, it's also her property because that's that square part that rectangular

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square part is divided into to three to three residents. One part is public. >> But how how does the garage how >> to do? So the you're you're you have no comment on the garage being >> I have no comment >> and and the closeness to the street.

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>> No, I have I don't I don't have any comment on that. >> Okay. >> She she know like but I just want to the reason I come here I have to be very firm where the location of the garage it said like up the hill to the

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>> but now that you crest and intercept with this >> well actually it's a long parkway place east if I'm not mistaken. It's going to Back up to Dear Press. >> Back up to Dear Press. >> Yeah, it's right there. Yeah. So, Parkway. Yeah. Okay. So, you're okay with that? >> Yeah. So, I'm okay. >> Okay.

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>> Yeah. I I No, I don't reject it. I have no objection. Okay. Great. >> She she know. So, but I just want to be sure where it is. >> And so, when you mention about the gate, that's why I bring that up. That's what happened to the gate, you know. Okay. >> So, it's not like just okay, just

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>> people just browse through it because they they are properties that belong to three residents. So it sounds like there won't be any building of other houses there because it's part of three properties. Is that what you're saying? >> It's only a small session. So you could not do anything. >> Okay. Great. Great. Okay.

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>> Just for the record, that's beyond this hearing. That's a legal question to do with us. >> That you want to remove the gate or whatever. >> It has nothing to do with us. >> It's nothing to do with >> the gate is staying. >> Yeah. >> The gate is there. I didn't say it's going to be moved. I never said that.

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>> Well, I move over there. >> Okay. All right. Great. Well, thank you very much for your comment today. Thank you. >> So, I just want the reason I I'm here, I just want to clarify the location. >> Thank Thank you. >> Thank you very much. Thank you. >> Thank you. Nice. >> Okay. Thank you.

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>> Okay. Um so, an informal before we actually vote on this, I I'd like to kind of just >> um would we would we want to do a site visit and just kind of get a better feel for um you know, if Mr. Mena can work with uh Mr. Yodakis on putting the flags

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on on the property. We're not going to have a set date. I think in the next uh week >> in a drive in like a driveby in the next week or so. We're and then we're going to um my Well, how does everyone feel about that before we actually ask to move this to a later date? >> Jean, how do you feel about doing a

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>> Okay. So, >> unofficial site visit over the next week or two. >> Sure, >> Angela. Okay. So, Mr. Men, what was that? this maybe no objection yes no objection Mr. chairman to be on the property and also

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we'll try to get the flags up within the next day or so. So there could be some visual representation and I guess to show possibly with maybe green or red flags perhaps where it is right now and

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green to show >> where where it's proposed right now and green to put it back as far as you can. It sounds like you have definitely five feet if not you know maybe 10 feet um past the uh street there where where but wherever you can move it back as far

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back with the green flags. >> Yes. >> Um Ireina what does this look like for our calendar? >> I was going to mention the schedule is extremely busy >> April next meeting April 22nd. I know it's too soon

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>> but the applicant is not coming so I can have anything. Ideally, I would put on April 22nd if Mr. Mana is >> couple days so we can >> they can Yes. Mr. Yedakis, is that a problem for you? >> No, it's fine. >> Okay. Can the board during this next

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week visit this property to see and do we have your permission to walk on the property? >> Yes. >> Okay. All right. Great. >> No, I was thinking to schedule on 22nd. >> We're not going to have one. We're not going to have an official site visit. I think when it's more convenient for everyone because I think trying to get

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seven But are you carrying this application? Yes. So, but I was I was thinking carry to 22. >> That's what I'm going to I'm going to suggest now. So, so can we have a motion to carry this um hearing this variance to April 22nd?

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>> Further notice without without further notice. >> I'll motion to carry this to April 22nd >> with without further notice. >> I'm sorry. Who seconded? >> I did. >> John. Okay. Thank you. >> Uh Mr. Burkel. >> Yes. >> Miss Campus. Yes,

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>> Mr. Luchiani. >> Yes, >> Mr. Gian Paulo. >> Yes, >> Mr. Oran Pulos. >> Yes. >> Uh, Miss Castello. >> Yes. >> And Mr. Anon. >> Yes. >> Thank you. Motion pass. >> Mr. Mena and Mr. Yakus. When do you think the flags could be up for us to

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come over to um when is the earliest that we could do our in unofficial driveby and viewing? >> Monday through Friday. We will try to get them up Friday. >> Friday. Okay. >> However, one other thing as a courtesy

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to the board and I appreciate the fact that you're expediting this as quickly as possible for next week. That's very much appreciated and I didn't want to nyx it. >> Okay. >> However, Mr. Fleagger does know that I sit as in his capacity in other

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municipalities as board counsel and unfortunately there is a continuation of a rather contested matter for that same night. Okay. >> But I would respectfully ask that this matter be kept on for the 22nd. And it's

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no disrespect for the for the board if I personally am not here, but I will send an associate with the appropriate information to follow it up because it would seem that I hope it would be prefuncter instead of carrying it further for the property. But I just didn't want to show disrespect to the

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board, but unfortunately that has already been. >> I totally understand. I appreciate your your flexibility. >> Mr. Chairman, if I could just we are going to need >> exactly what the applicant is going to propose. of course >> before the setback >> for the next meeting April 22. Yeah. And

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that could be done orally of course >> at the meeting. Yeah. Some sometimes we don't get an exact number, you know. >> Great. >> 50 ft whatever that whatever that's >> I appreciate that. Thank you, Mr. Yakus. Um can you call just to confirm with Ireina that the flags are set up by this

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Friday? Then Irene, you'll send out a um >> absolutely a note to the to the board just saying it's it's you can go there now to visit. >> Yes. We're going to do all the corners of the of the garage >> in in red. I was hoping if I could be a little So all the corners of the propos

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at red and then green. >> One color. >> No, no, I would think green where you're moving it back. >> Yeah. >> So green flags for where you're proposing. >> They may hate red. I was just saying one color for the existent color for >> All right. Unless you're unless somebody's color blind. You're not going to put like little one.

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You're going to put like a little wooden bowl or something three or four feet off the ground >> just so we can visually know what where it is right now where the proposed um request for the build to the garage is and where we're proposing to move it to. >> We have some challenge board members.

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So, we have to make it as easy for them as possible. >> And we're not going to be able to confer because we're all going individually. Unless we forward to >> Mr. Matter if you cannot get councel obviously unless your applicant wants to come by themselves which is no disrespect to anybody you can also ask to carry we'll carry

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>> I understand but um I I will advise Arena if >> okay >> there's a problem but I appreciate the board acting on this expeditiously good >> well we will see you next uh next week the 22nd >> thank you Mr. Chairman board members Mr. Fleger. Hi.

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>> Have a good night. >> All right. Francine, do you want to describe the next hearing? >> Zoning board of >> Thank you. >> zoning board of adjustment 2026-01 Husan Eluki

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and Emily Abdullah Hammed 3 Beachwood Grove Court block 5013 lot 7. The application is for variance approval for a pool and patio with a side yard set back to the patio of 15 ft where 40

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ft is required and within 10 ft to a conservation easement. In addition, approval is required to allow an existing loose stone border within a conservation easement. The applicant also intends to request at the hearing such bulk variances and/or waiverss of

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design standards and/or submission requirements as are required to develop the premises in the manner indicated in the application materials and any other variances or waiverss that the board may require. >> Thank you, Francine. Uh Mr. Udakis, do

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you want to just give us a brief overview before we um introduce the applicant? >> U Mr. Chairman, before we do so, um I just wanted for the record to note that I did um receive a notice that I live within 200 feet of this property. And so

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in the sparness spirit of fairness um to the applicant, I'm going to recuse myself in the application. >> Okay. Thank you, Andy. Uh Marty, >> and since there's nothing else uh you have to leave the room, I would suggest it's probably a good time to say good night. So, we will be in touch with next week's

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meeting, the 22nd, and then uh this weekend or before the 22nd. >> Everyone, have a good night. >> Okay, for the record, 8:03 p.m., Miss Castello, um um I left the room. Thank you.

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>> Thank you, Erin. Uh Mr. Yadakis, why don't you uh begin? >> Yes, Mr. Chairman. Uh so this is an application for an ingground pool in the easterly sideyard uh to the uh back rear corner of the existing dwelling. Uh three variances are required. It's a

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sideyard setback. 40 ft is required where the pool is at 23 25.3 ft and pool patio extends another 10 ft closer to that. So it puts it at 15.3 ft. There is also a requirement to be

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for a pool or patio to be 10 feet from an existing conservation agent. There is one at the rear of the property and the patio is uh within that 10 ft. Uh there is also an existing encroachment uh for a a lawn and landscaped area. I believe

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there might be some some landscaping stones back there uh into that uh conservation ement at the rear of the property. Uh like the other We do have a number of completeness waiverss. Again, I don't think any of them are required. They're

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outlined in my report. Uh I hope everybody has a copy of that. >> Demetri, are you fine with um >> Yeah, I saw them. >> Okay. >> I don't know if you want them for the record, but I'm on the record now. Just referencing his letter. We can reference the letter. >> Okay. >> Thank you.

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Anything else? >> Uh no, there were some uh engineering items that uh you know, I'd be looking for the applicant to agree to. Uh mostly just detail items, some details on the patio itself, uh construction details, those types of things. >> Okay. And we'll come back to you throughout the testimony.

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>> Okay. Um would you like to begin your testimony? >> Yes. Good evening. >> Are we going to swear you in Marty? >> We're going to swear as soon as he gives his intro, we swear in his witnesses. >> Yes. Good evening, chairman, members of the board. Dante Alfi on behalf of the applicant. As the board stated and then as Mr. Zach has stated, we're here

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seeking the board's approval uh for the construction of a pool with related amenities. Um the property address is three Beachwood Grove Court. It's block 50.13, lot 7. It's located in the R40B zone. This is an existing home. Um, it's

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very unique in the sense because it had it's a it's located on a uh culde-sac and it is uh restricted by a conservation easement that runs along the rear of the property which significantly impacts any location of

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the pool um or any amenities for that matter. Uh so what we're proposing tonight is to construct this pool in what we believe is the best location given the proximity of the house um the usability of the h of uh the basement

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itself and I do have the applicant who's going to provide some testimony tonight. >> Just one witness. >> Yes. We'll swear you in affirm that testimony about to give is the truth about the truth. >> Yes. >> Okay. Just again spell your name for the record. Emily Abdul Hameed. First name

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is spelled E M I L Y. Last name is AB D E L H A M I D. >> And Emily, you are a property owner of this property. >> Yes. With my husband. >> Thank you. Um so you you heard my little breakdown of what we're what we're

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looking to propose tonight. Um so we have an exhibit here which is this is the revised plan. Is that correct? >> That's correct. So, we have submitted a plan. We did receive Mr. Udakis's report. Um, and in an effort to to address those comments ahead of time,

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we've already started the process of revising the plan. Um, so we could we could mark this as an exhibit, Marty, if you would like. >> A1. >> A1. >> A1. Um, and again, this plan will be submitted to the board, but just given the time between when we received the report and the date itself, we didn't

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have the the ability. >> Do you have a hard copy with you to give or >> We do not. So this plan that we have is not the right plan that I have in front of me. >> That is the original plan. The plan that's in the exhibit here, which is A1, addresses some of the comments that were made. >> Can you blow it up? I can see Jean's

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already interested in this. A few of our copies want to reference them closer to you. I think that's we'll take those as well. But if you could blow that up to I guess the area to the left, it sounds like we'll start with the left and then zoom into the right maybe. >> Yeah. Well, actually this >> No, the left is what

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>> this is the left of that and this is the right just blown up. >> So you want to zoom into Yes. Okay. >> If if if I could just ask a question of of the applicant but so so there are no uh changes in the variances that are being requested. >> I will suggest there is one we are

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removing one variance request which is regards to proximity to the conservation easement. There is a 10-ft requirement. We are going to meet that. The only variance that we are technically seeking is the sideyard setback with regards to the pool and the patio. Um

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Emily can testify to the the reasoning behind the location, but I'll just give a a quick cliff note of it. Um the location of the pool where we're proposing towards the bottom rear portion, and Emily, you'll confirm this,

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you have a walk out basement. Correct. >> That's correct. And in that walkout basement, there's a bathroom and there's other amenities that would make access to this pool a better location opposed to somewhere else on the site.

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>> That's right. >> I don't understand. >> Yeah. Let's let's Yeah. Slow down for a second. Let's rewind what you just said. So, zoom in a little bit closer. Get that close. And then if you Mr. Alfier, if you could repeat where where you started just because I think we're all a little distracted. >> Yeah. I'm just trying to zoom in a little bit more. >> We're having technical difficulties.

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So, it wasn't just the other people. >> Maybe it's our equipment. >> Try to unplug it and plug it back in. Let's give that a >> So, the plan that we have here, you just move the pool a little bit in a different place. The one that we have

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here, >> paper copy. >> The paper copy is the same one that I'm showing. >> No, no, the original the original application. So what what modification occurred between the plan we're showing as A1 and the original submitt?

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>> Unfortunately, I can't. >> That's good. That's good. That's much better. >> Can we tell us what plan is the original because I have this 12? >> That's the original. My understanding that's the original. That's the revised up there. >> Okay. So I and I I don't I just want to be if I'm repeating what you said, you

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moved the pool 10 feet closer to the house, 10 feet further from the conservation easement so that you're no longer requesting a variance relief from the conservation easement. Is that correct, Mr. I guess? >> Okay, that was our testimony. >> So I I was touching on why the location

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makes sense. So Emily, if you could just orient the board to the actual back location of your property and why the pool there makes most sense. >> Yes, sure. So, as you can tell from this um survey, predominantly most of the

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backyard is conservation. >> So, you know, you see this wood deck here. >> And are you using an arrow? >> I'm using the arrow, but I guess it's not. If I can point to it actually, it might be. >> Okay. >> Okay. So that's the wood deck where he's

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pointing. So and that line right there is the conservation easement >> right there. Okay. >> So it's very close to the house. >> I understand. Okay. >> So if you look at all of this, the only space that I would be able to put in a pool would be to where it is right now on this proposal. >> And originally you were down at the

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bottom of the screen by 10 more feet originally. You were clo you were on top of the easement. Is that what it was originally? >> No, we were never really in the easement at all. So >> in this plan right here >> because I we had a note from the Homedale environmental commission that you were >> not in No, we were never in the easement. There must have been a text.

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>> Mr. is that correct? >> What is this all? >> So we'll get to that in just a second. I just wanted to describe >> there's too many questions going around. Let's finish. >> Mr. is the the note I have from the home environmental commission says there was a they were uh encroaching on the

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conservation easement. Can you explain what exactly was happening with this original plan? Sure. that that is the lawn and landscaped area that you see at the back of the plan at the >> do you see the three little hills? >> Yes. The the proposed improvements in no

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way encroach into the conservation easement and the applicant is now saying that they will mind that 10-ft variance requirement. It is existing lawn and landscaped area that's in the conservation easement that >> we we also need to talk about. But >> Right. >> So if I could just take a step back and

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share a little bit of background. >> Yep. Sure. Go ahead. Please. So, um, you know, we purchased this home in October of 2024, you know, hoping that it would be our forever home. And, um, you know, in this house when we purchased it, we checked all the boxes. We got, you know, inspection done. We got a survey done.

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We got a CO from the township. And this like landscape blue stone border never came upon as an issue to us to be honest. Um, so what happened is that we bought the home in October 24 and then we moved in in January and then it's the

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winter. So obviously there's no landscaping, there's nothing being done to any part of the property for that matter. So then we um we basically had an initial pool plan and then we got that denial in early June. Um and then that's when we realized that this was a

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problem. That was completely a surprise to us to be honest. So, what I can say is that since we bought the home in October of 2024, we have never landscaped or touched this at all. So, it was previously landscaped for about 14 years from the previous owner.

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>> We got the CO. It's now completely overgrown with shrub vegetation which is almost identical to that of the rest of the conservation. There is however, as you mentioned, a loose stone border. So, it's not cemented in or anything. you can kind of move they're very heavy

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large boulders in a sense but they are not you know permanent >> you know as I would say so it is you know loose but we have not you know remulched it trimmed it we have left it completely untouched

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>> so that's the background to the loose stone border >> mrakas is that all to your understanding as well >> uh from from the best I can tell with the information provided yes that seems accurate I mean, it seems like it was it was all there and from just looking at Google Maps and those types of things

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that what the applicant is saying is accurate. >> Okay. Thank you. >> Um, so in terms of the location of the pool, you know, again, there's really no other place in the backyard where I could situate a pool that is a size that I can actually utilize. Um, except where we're

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where we have this proposal. Um, it also opens up to a walkout basement. So in terms of just proximity to the home, we believe that this is the best location. Now in order to actually have a good size pool, which this is a very modest size pool, I think the average as you

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guys know is probably 20 by 40. This is a 15 by 37. So it is significantly it's like 250 square foot difference from your typical average pool size. So it is on the smaller side. Um but having said that, in order to even achieve that pool

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here, there's a 40 foot setback from our neighbor on the sideyard. So, this is kind of like you see that fence, that metal fence. Yeah. >> That is separating us from our our neighbor to the right of us. So, that's why we're asking for a variance um you know, humbly to you and the rest of the

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board to consider giving us a variance so that we can get you know, as you can tell here, um from the pool water line to the fence, it's 25.3 feet. And then from we have some patio to the right of that pool to the fence is 13 I think.3

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feet. Uh yes. >> Okay. And and we've sent out notices to all the neighbors. >> Yes, >> that's correct. We've noticed all neighbors and as you can see we've >> nobody has shown up. >> Have you spoken to the neighbor during that will be impacted by this?

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>> I have not. Um you know I haven't honestly seen them. I think you know they're not actively living there. >> Um so I don't know my neighbor. I will say though, um I can show show you like there is significant, you know, they have a metal fence already. Their yard

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is fenced in. They have a metal fence there. On the other side of their fence, there's significant space. They have a lot of landscaping and mature trees. So, I don't even see their backyard and it's in the spring and I don't see >> significant buffering between what

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you're proposing for the pool and patio and their existing property. >> Right. in a sense that I yeah I don't think they would even notice that we are even close to the fence just because everything on their side is very deepened. >> And before we touch on anything further,

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I'd like to point out that and Emily can confirm this. If we were to try to propose a pool on the other side of the property, um there are two issues you run into. One is the pool would be located in the front yard of the property more so than what is currently

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proposed. Um, and then the second is there's significant grading issues over there that would make the installation of a pool a little more complicated. And then I think the third would be is just practicality and use. A pool being so far away from the home doesn't make

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sense. They my my clients have young children. Um, this this location makes the most sense for for having children. >> I don't want to be swimming in the front yard. And that's correct. >> Yes, absolutely. >> Okay, great. Anything else you want to

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add before we open it up to the board? >> Um, nothing further at this point. >> Okay, great. Uh, Mr. Udakis, do you want to comment on anything before we open up to the board for questions? >> Uh, no, Mr. Chairman. Uh, well, yes. I mean, speaking as a planner, one of the things is the, uh, unique existing

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conditions of a property. uh we can see that this property is encumbered by the conservation at the back and and the topography and kind of the unique shape of it. So I I don't want to provide testimony for the applicant, but I I don't know where else they would realistically

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>> your understanding of the hardships of the property itself. >> Yeah, I Yes, I would I would agree that it's valid testimony that they provided for the board to consider. >> Okay, I appreciate that. Thank you. Um so at this point, why don't we open up to the board? I'm sure we all have a bunch of questions. Um

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I I uh got a Google map uh oversight. Uh I believe this shows uh uh where what you're talking about. The other property is up here and there's a lot of uh

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vegetation right there. >> Exactly. >> Okay. So, >> they would not see your pool actually through that. No, honestly, they they have a poll. >> Yeah, it's a one. >> I don't mean to cut you off. >> That's yours. You got that? You're on your own? >> Yeah.

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>> We're going to need to kind of mark that if we're going to talk. So, >> no objection. >> Do you want to pass it around? >> Okay. Yeah. Let me uh >> So, we we just call that B1 or exhibit one. It's our exhibit. >> That's a Google Earth.

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>> So, Jean, what were you suggesting on here? What was your question? I was looking at the property. Uh if you look at the the bottom right of the house. >> Okay. Y >> and then you look at the house to the right of it. >> Yep. >> Uh there's a lot of trees and vegetation

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in between. So >> they're right. >> You're kind of agree. You're agreeing with them. >> Yeah. Okay. >> They're not going to see anything. >> Okay. So, uh, any questions or >> No, I just start

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I'm very sympathetic with your situation, but whatever we approve here stays with the house and and we've had many applications where we had pools that people put in the wrong place and we couldn't do anything about it beforehand.

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So, I'm kind of concerned about approving something that we're going to put in a really it's probably almost one of the worst situations that I've seen uh in doing this that close to the property line. And I understand that you

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know what your constraints are and I understand what you're saying and and sympathize with what you're saying. But um there may be some more adjustments you can do to move it further away. But the way it is now, I don't know what you

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can do. I I I don't know feel comfortable with this situation personally. So I don't really have a question. It's just a comment. Um I did I know I looked at that spot on you mentioned in the front of the house and I have a neighbor in my neighborhood that has a pool just in that type of a

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situation. in the front. He put a 4ft aluminum fence and shrubs and that's where his pool is. Of course, I don't know what type of grading you need to do there. But, you know, a couple walls could solve the issue and then you would have no no issue with anybody. Uh, some

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shrubs would give you the privacy and yeah, it's inconvenient, but the whole property from when you bought it, you know, it was what it was. So, it's not like you found out later on. the survey that I have, one of the surveys that's dated

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um October 3rd, 2024, I presume was when you purchased the home. >> That's correct. >> And on that survey, it does show the conservation and easement line. So if I and I'm not telling you that your attorneys were wrong and you can't somebody should have said to you, hey,

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you're not going to have room to put a pool on this property. You're aware of that and explain to you what that meant. So I usually And you're not alone. This happens all the time that the applicant kind of gets the short end of the stick. This is something that the attorney when

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you were buying the house should have said something to you so that you're aware of what you're buying. So now you own it. Now you have to deal with it and now you have to put and you want to put a pool in. And I get it. I just went through this whole process myself. Um so my only comment is that I would rather

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see it go in the front area there than that close to the neighbor's property. even if the person that owns that house is okay with it. Even if there's trees and shrubs and bushes there, it's still physically there. So, that's my comment,

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>> John. >> Um, basically, I'm going to uh I'm going to reiterate or confirm everything just said and at the same time, I'm not sure that I'm not sure if the front of the

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house is gonna that might that might add to our issues. So, but like Demetri said, this was something this is something that the property was what it was when you purchased it. Um, and what I would just add to that is, uh, the

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April 14th, 2026 letter that received from the Homeell Environmental Commission basically references your application and says that they strongly support the zoning officer's decision to deny your application.

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The issue largely conservation ease, but the issue would be too close to the conservation ease. >> If I if I make just comment on that. >> They withdrew that's that one was revised. >> Oh, okay. Okay. >> Right. So, to be clear, you know, we

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will not be we're not even proposing anything in terms of conservation and we will stay 10 ft away from the conservation line. So, I just want to clarify that to all the board members. >> I'm sorry. I didn't clarify. >> I'm just Yeah, I was just clarifying that we have no intention of encroaching

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on in the convers in the conservation space at all. Um, it's really like this is like the hardship that we're faced with and I honestly think that this is a reasonable request given we're not going with a large pool. We're going for a

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very small pool and we still have substantial space, you know, 20 feet from the water line, more than 20 feet from the water line to our our neighbors fence and then they have probably another 20 plus feet on the other side with very mature trees. Um,

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>> do you have to have pavement on the uh uh the right side of the pool? I mean, if you didn't have that, you you're either it is now 10 >> and maybe add some landscaping there instead. >> Yeah, I mean, we're happy to add

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landscaping on our side of the fence there. >> Yeah. instead of the pavement. Instead of the the surrounding surrounding the pool of pavement on that side. >> Yeah. Well, okay, I guess. Yeah. No, no papavers. >> Oh, so you're okay with no papavers over there? Okay. To the right.

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>> That would help. >> Yeah. Yeah. >> And how many how uh Mr. Udakis, how many feet are we saving there without the um the pavers? >> So 10 full feet. >> Okay. So >> that brings it from >> Gotcha. Okay.

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>> Um, >> before we keep going, S, do you have any questions or comments? >> Um, I do have a comment. Um, >> okay. >> Is it on now? >> Yeah, it is. >> Okay. Hey,

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>> um you mentioned something about an entrance to uh from the basement bathroom or something. Where is that? >> So um can you >> light? >> So you see Yeah, that under So that's a part of the deck.

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>> You see the that's part of the deck. So underneath the deck >> Okay. >> There's a walk out basement. So, there's a door that walks out from the basement, which is a door underneath the wood deck, and that leads then with a proposal to the fence that would lead to the pool.

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>> I understand the concerns of the other board members, but I'm also thinking as someone who had little kids and a pool, it would be nice to watch them from the house if you had to. Um, I I uh

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just like John said, I moving the pool to the other side of the house might cause more concern. Um, okay. Um, I think if you did without the pavers there on that side of the pool, I think it would make things a lot easier.

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>> The other question would be, you've got a deck there. Uh, is it possible to cut some of the deck off and move the pool even further over to the left >> closer to the house? >> That would propose that Yeah, that would propose a safety concern from my side

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because that would basically be too close adjacent to the house. So, I can't really fence in the pool separately from the house. So, I have two young kids, five and three. If they open that slider, they're in the pool. I need I need space so I can fence in the pool separately from the house. So are you

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saying >> I believe that's a code requirement too. I'm not sure not 100% sure but there should be house >> there might not sure what that is off the top >> but it makes sense that there should be you can't be that close to the house that sliding glass door.

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>> Yeah. But is there a there's a door in that little little piece that's on the side there? >> So underneath the wood deck >> to the right of the bumpout of the window. I guess that's some dining room or something. >> That's not right there. Yeah. So that's

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>> that's where the sliding door is >> underneath the deck. >> Yeah. >> Okay. >> So I I really can't move move it any closer. >> The fence is really going right along that the underside of the deck. >> I don't know what building codes are, how close the pool could be to a house. That part I don't know.

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>> But I think regardless in our situation, just moving the pool closer and not being able to fence it in separately from the doors, >> that's not something that we would be able to move forward with. >> But you could put alarm on the door because there's many pools that connect

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that way. Not that close. Yeah. >> It's just too close. I mean, my kids are so young. It's I Yeah, >> we're trying to help you. At least I'm trying to help you. >> Francine, did you want to say something? >> Yeah, I have um Well, first of all, I think it was clarified. If you don't do

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pavers, how how much are we >> 20? Goes to 25. Okay. >> The setback is 40T. >> Yeah. So nowing >> so they're asking for a variance of 15 ft. >> Okay. So that's the first thing is that makes it better. Um because also not

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only for the privacy, but you're putting in per or you're putting stone there and your house is on already what was considered conservation easement in the back. I'm talking about drainage. Your your neighbor when you do that and you get too close, you might affect their

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drainage. So all of a sudden that they don't care. Now they can't figure out why they got mud in their backyard. and it's because you went too close with it. But I hear you saying you're going to take away the pavers, maybe put some landscaping to to compensate for that. The other thing is with the um hotel

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environmental commission, it says that and I know you didn't do it, but um I think something has to be done about that. Even though you're saying you're not landscaping, they're asking for some native um native shrubbery to be put in there. I think bestow because I'm

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concerned you're putting in a pool. You're taking away from some of the coverage of the property now. Are you, you know, making it worse? That conservation easement's there because there needs to be drainage off the property and it might even protect you is to bring it back to the native

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plantings. get rid of that stone wall so what the water can drain the way it is because if you want to put in a pool I think you have to remedy even though you didn't do it remedy what's a violation of what should be there on the conservation ement and you were aware of

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the conservation easement when you purchased it >> so just a point on the drainage I think you had suggested um some drainage enhancements >> as a part of your report and with our amendment we were proposing a dry well >> to help with the drainage concerns that you had.

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>> Yeah. Yeah. That was that was one of the things we recommend in our report to have some collection system and a drop. >> I mean, I don't know, but I don't know how much of a hardship that would be to take away loose wood uh loose stones and do >> they are very large, very heavy. I would

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actually my opinion again um respectfully is that by removing this the stones that have been there for I think 12 to 14 years would actually disturb the conservation more at this point. >> Okay. I can't speak to that, but I I am

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concerned about that because it's brought up here >> ultimately. I mean, the encroachment into the conservation ement is not really I mean I'll defer to our attorney, but uh that that is not necessarily something for this board to consider. Uh that would have to go before the township committee uh because

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I believe it's a conservation easement that is dedicated to the township. So only the township's governing body would have the authority to >> Well, do you know where is it? >> We have different kinds. You can't even go in there to do what you're suggesting. >> Yeah. I I I mean, somebody may look at

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it and say it's going to be worse if you go in now and touch it like it wasn't their fault. >> So, and again, just for my education here, Mr. Udakis, it the the third paragraph is saying it appears that a significant portion of the conservation easement at Beachwood Grove Court has been disturbed and modified to a lawn

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landscape area. The owners should be required to restore this area with native plings. Now, I think I know this is just a suggestion, but why why was this state why were they so concerned about this making this statement to the zoning board? >> I guess that's what we're all trying to figure out here. We don't get these all the time.

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>> Yeah. Um it's it's certainly a concern. Anytime you have a conservation easement that has been disturbed, and again, no fault of the applicant there, uh it's a concern that was put there for a reason. It was to protect the, you know, the drainage path that goes along the edge

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of the property there. As we all know, If if you clear and plant grass right down to a river, you're going to have an impact on that. That's you want those marsh areas, those buffers to any type of wetland or to any type of water. Uh I I don't know the entire history in this,

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but uh again, I I don't think the board really has the authority in this case to be doing that. It ultimately it would be a code issue where code enforcement would have to go out and say you have done something in the conservation easement and you need to correct that.

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Uh or ultimately it would be a decision of the governing body to allow what has been there to remain or to say no you have to go back in and remove everything and restore it to its original condition.

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>> So chairman if I may um so firstly I do agree with Mr. Udakis's uh uh recitation of what what who would be governing what. Um so if if although my clients didn't install those stones um

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they bought the property with the condition and we do understand that it could be potentially um running contrary to what that conservation ement provides. Um, we do have an exhibit because once we were made aware, once my clients were made aware of this uh potential issue with the conservation

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easement, they did some research and digging into the site itself to see where the where the what the existing condition was over a period of time. So, we do have an exhibit here which we're going to enter in as A2. Marty. >> Yes. And this is a um aerial photo

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of the site go dating back to 1931 to 2025. >> Um and as you can see from the exhibit itself, there is a wooded area along the back portion that has remained. I know it's a little difficult. It's hard to really blow it up here. Um but if you

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look, you can see that the existing area has been maintained since 1931. So the only change that my clients are aware of that has occurred is those stones that were installed and unless the council is willing and

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obviously this board has no jurisdiction over that and my clients I don't know if they're really willing to to go forward with an application before the council to have stones there um we can make it as a condition approval that it would be removed or we would have to get council's approval for it to remain

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those stones. I know that the environmental commission talked about installation of native plants, but I think that this exhibit A2 showcases that the site itself has remained. Nothing has changed on it. The

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wooded area still exists. Talking about almost 100 years. >> Can you move over to 2020? Is it 2026? The last >> we have 2025. >> I just have a comment while you're talking about this. Is this a township easement or is it a D? Because I know some homes have D and the township can't

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rule on it. They have to actually go to the department to D. >> Well, it depends if it's Green Acres and stuff. >> That's what I'm saying. >> Do we know what kind of an easement it is? >> It depends. >> No, that's what I'm saying. Do we know what kind of It's going to It would go It's a township visually. They might have

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>> Oh, okay. Okay. >> I make a comment. Okay with >> I'm looking at your um survey or your your site plan and on the site plan on the top right you have a little location map

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and there's a tributary called Morris Brook Tributary and the streamline goes right into your property. >> That's correct and that's a dry creek. So that's actually the the delionation between the wooded area that we've seen from the aerial views and the non-wooded

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area. >> But when you say it's a dry creek, that's why they call it the tributary. That's where the waters begin for that stream comes actually your backyard is where the waters begin and becomes so maybe when it's a rainy day all the water flows to that spot and then goes

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and goes down the stream. So that's what that is to the point being >> that's what the environmental issue is and when they put those rocks in there they might have disturbed that whole thing back there not you okay removing >> the stones could be removed we just wanted to be clear because there were

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other indications in the environmental commission report that talked about native plantings >> we just wanted to be clear that native plantings based upon the history of the site from what we can gather were never there. So, it doesn't make sense to have us go in and disturb an area when we're

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going to remove >> the disturbance. >> And I just want Marty's counsel on. I mean, is this even something we could make or should we even make this a condition? >> The only thing >> you could do based on your comment is to uh make it >> is to make it condition that the

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applicant um seek the either approval to leave it as is or requirement to remove the stones from the town council. I mean we that's all we can do is they have to just make the ask. Whatever the council decides they'll have to abide by. >> I mean we we're more than happy to remove them because technically

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>> with regard to the stones only. >> Yes. With the stones we can remove them but if if my client >> I think it's prudent it's prudent just to ask the question from the town if if they can be removed. I mean it may just be better to leave them there like you said undisturbed. >> Yeah. And I would caution us enforcing any type of planting plan or anything

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like that. We could be looking at potential permits that could be required. We don't want to touch it. We I'm just suggesting as as a fellow resident, it's probably a prudent thing for you to check with the town council whether or not these stones, you know, >> should be removed. Um,

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>> that being said, so Dimmitri, how are you feeling about the um the extra 10 feet to the side with the stone uh the patio paper? >> I feel the same way that I said before. >> Okay, Jean. Uh >> well, I I feel it's not not as bad as it

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was before. removed. You've got 29 ft. There's really nothing on the other side to interfere with that.

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They moved it already. >> Um so, so some of the things just to take note, Marty, um is that so removing the 10 feet of patio to the uh the the side setback area. Yes. And then do we Francine or or or or anyone on on the

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board? Are we certain trees being planted over there as additional bufferage? Is that as part of the commission? >> That's what we're suggesting. >> We have we have no objection to the installation of more uh vegetation in the area and we could certainly work with the the the town >> buffering that would be good for you too. I mean to buffer you

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>> as to what kind of plantings would would be appropriate there. >> Yeah, that's we would normally make it subject to the applicant work with the engineer. >> Yeah, we have no objection. Okay, John, how are you doing right now? >> About the same as I said before, too.

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Um, the only thing I would add is the idea of putting the pool on the other side of the property, which basically the front of the property, which I said before, um, you know, might cause even more issues.

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>> A way to a way to possibly do that maybe if you simply put a 4ft fence, which you can do around that part around that area along with you know tall enough shrubs. So at least it doesn't the pool is not visible um you know from someone

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standing you know standing on the street for example they're not looking at your property and seeing a pool in front of the propert so it's not like you have traffic that's coming down there and going to be passing by your house every day. The only people make coming to the culde-sac

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is people who live there. So that area is quite a large area and you can easily screen it, fence it, and you won't even see, you know, it'll be safe. I mean, you're not going to look at it from your house. I get that. But at least it'll >> I think that that's that's probably one

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of the biggest issues that we have is the safety component. Um, while we understand privacy is great, um, safety is paramount and the location on the other side of the house puts it significantly farther away from the home

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itself. So, if there are children or anybody there that happens to be in the pool, um, the supervision changes drastically. So, where we're proposing it to be located, >> no matter where it's going to be, I would assume there's going to be parents by the pool. Whether it's in the backyard or a thing, they're not going

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to. While I appreciate assuming things is great, >> knowing that the location is in a close proximity to windows and a doorway and a and a structure itself is more safe than several feet away from a pro the house itself in a now fenced in screened in

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area. I think that the proposal makes a lot more sense as it relates to the safety features. And again, this this this site itself is a hardship. So I understand your position earlier about they knew what they were buying when it came to the conservation easement. At the end of the day, a conser

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conservation easement impacting the use of the site is considered hardship. >> Um I haven't really said anything yet. So I I want to make sure everyone spoke before I spoke. >> Do you not I'm just you know I can understand and quite honestly I don't

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think moving the pool to the other side of the house. So that's not what I'm but my opinion is not what I'm here for. with you. But um if you could move the pool, you'd probably have to get rid of part of your wood deck, but move it down and over. Shift it where there's that

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little indention. I don't know if you put up the >> I think that's what someone else had proposed, too. Just moving it closer to the house. But I think that's just >> could the pool is close to the house. Your children could come up from the basement and go that it's just hard to fence in. like I

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can't fence it in separately from the door. >> That's that's the biggest thing I just want to mention. >> Of course, the top of the deck. >> The deck is on a second level because the basement the the sliding door

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coming out of the basement walk out. >> They're going to walk out to a fence so the kids that can't enter the pool >> and then open the you know the safety lock on the fence to get into the pool area. So there's two. They'll have the alarm on the house that would go off

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beep beep beep as as a child left, but then they'd have the additional feature of the safety fence that would prevent the child from going into the pool. >> Um you know, my my inclination is that, you know, we we always try to reach a compromise and it sounds like with some of the conditions we've spoken about, um

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you know, pulling back the extra 10 ft of the patio sounds like you're willing to negotiate compromise. sorry, not negotiate compromise on on what your plan was. And then I think some of the, you know, the uh conservation concerns with the runoff, adding some trees and

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some, you know, something more of a buffer to the zone will help also with the runoff. And as as uh Dimmitri's concerned with the uh as my concern as well, the uh the brook uh Mahor's brook tributary. So I think that'll help as well. Um and again, prudently, my

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opinion is, you know, I saw this comment from the environmental commission. doesn't it doesn't sound like you're encroaching on that. You said we're no there's no going 10 ft backwards on some conservation area and the stones I think you should check into. But that being said, I I am inclined I I would be

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inclined to vote on this uh tonight uh without any um additional changes. I do understand I see where the driveway is. I understand the hardship of the property. moving the pool to that uh you know the far if you're looking at the back of the house to the far left over

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there would be a complication and I do understand the safety concerns uh coming off the the the the passageway from the basement the access outside on the on the first floor of the deck being above that. Um so I would be willing to uh vote on this tonight if

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the rest of the board was. >> But before you ask for a motion is nobody here we should open and close the public. So being that being said, is there anyone from the public that would like to comment or ask any questions to the applicant tonight? >> If not, we're going to close public

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comment. >> Um, as would anyone want a motion to uh vote on this? Uh, >> uh, I'd like to motion to, uh, agree to accept the variance on the condition

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that the, uh, the pool on the right hand side doesn't any favors and that there's a a some try etc a buffer on that side >> second there's one more condition >> one more condition and then I just want

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to make sure uh Mr. Udakis >> and and to ask to just to request that they have to ask the township about removing those stones >> yes >> and then Mr. I also want to get Mr. was there anything else that we left off that those conditions >> ju just uh that they would agree to the

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technical items included in my report which are some items I think they've already started to >> okay include on the plan but I like to see so Marty >> we have no objection >> okay okay >> okay >> so those are the four conditions >> that we're adding to this uh variance request

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>> of the so how many it's 15 uh >> 25.3 >> 25.3 feet uh versus 40 ft correct Correct. Okay. So, we're giving a variance of about 14.7 ft. >> That's what we be voting on. Do we have a second? >> Second.

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>> Okay. Uh Inreina, do you want to uh >> Mr. Berkeley? >> I think I go last. I >> Oh, I'm sorry. Miss Campus. >> Yes. >> Uh Mr. Luchianim? >> Yes. >> Mr. Gian Paulo? >> Yes.

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>> Mr. Orulos? >> No. Uh, Miss Mr. Arnon, >> yes. >> And, uh, Mr. Burke. >> Yes. >> Uh, the motion passed. Thank you. >> Thank you, chairman, members of the board. We do appreciate your time

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tonight. >> Thank you for your time. Good luck. >> Thank you. >> You're welcome. >> My kids will. Thank you. >> Have a good evening, guys. >> Have a good night. >> Um, all right. So, next on the agenda, professional reports. Um, just make sure

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you submit those two exhibits to our reader. Yes. Okay. So, and >> if you could just email me, that's fine. >> All right. Before we do professional reports, um, we need to add the June 24th meeting, the special meeting of the zoning board to the agenda and to

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announce it to if you want to have it. If you decide if you want. >> So, are we going to vote on it? >> Yes. >> Okay. So, we're going to vote on the extra meeting, the special meeting for June 24th. Um, do we have a motion to vote? Motion to I'll motion a motion to

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add the June 24th meeting to the uh 2026 zoning board calendar. Do we have a second? >> I'll second that. >> Irene, do you want to take >> Sure. And just for clarification, June 3rd meeting will be cancelled. >> Okay.

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>> June 3rd meeting. >> Miss Campus. >> Yes. >> Mr. Luchiani. >> Yes. >> Mr. Gian Paulo. >> Yes. >> Mr. Orandid Pulos. >> Yes. >> Mr. Arnon. >> Yes. >> And Mr. Burkov. >> Yes. >> Motion passed. Thank you. >> You're welcome.

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>> And um was there something else we were going to do April 22nd is next week. We're fine with that. Is there anything else administratively that we need to take care of? >> I can't think of anything. >> John was >> Oh, wait a minute. Can we say that um

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since what's since the one item that's currently on the agenda for April 22nd is being kicked to July. Can we say that something else needs to be moved to April 22nd in its place? >> The previous >> uh no the application that we had today will take that place.

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>> So it worked out very well. >> Okay. Yeah. >> Yeah. Because u Oh yeah I think this week. Yeah. The 33 Bay. >> Oh yes. 3 needs to be we have to carry to Yes. Thank you. We have to carry it to July 15 without further notice. >> And then we're sliding in the Parkway Place into the April 22nd for that. So,

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we're going to have our meeting. So, we're still going to have the meeting next week. >> Yes. So, I'm just going to need the motion and second to carry. >> No, no, that's that's on for tonight. >> When is that? >> No, I'm sorry. You see, now I'm confusing myself. So, we will on April 22nd, we will carry for July 15th.

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>> Otherwise, we're good. We're good. >> Be on the agenda to be carried. >> Yes. It's it's a busy schedule and busy season coming. make up. It got busier. It definitely got busier. >> It did. It did. >> Um, they heard about Mr. Udak. >> He thought he would never be here. >> It was like two months without

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>> Let's blame him. >> If nothing further, motion and second to close. >> Well, I was going to say, uh, do any reports of professionals, Mr. Yedakis? >> I have nothing. >> Okay, great. All right. Make a motion to close. >> I'll second it. >> Thank you. Have a good night. Good

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night. Thank you everyone. Thank you.