You have to turn I mean the general is on. >> Everybody ready? >> Okay. Call the meeting to order October 15th. Go ahead, friend. I hereby announce pursuant to section five of the open public meetings act that adequate
notice of this meeting has been transmitted on January 16, 2025 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 hall and town hall. All pursuant to
section 13 of the Open Public Meetings Act. >> Roll call. >> Mr. Berkeley, >> present. Uh, Miss Campus >> present. >> Miss Gerard >> present. >> Mr. Luchiani >> here. >> Mr. Marzoko >> here. >> Mr. Gian Paulo >> here. >> Mr. Orphanita Pulos
>> here. Uh, >> Miss Castellum is absent. Mr. Fijiola is absent. Thank you. >> Okay. Please stand for Pledge of Allegiance and remain standing to honor our military, police, and first responders.
I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. minutes for October 17, 2025.
>> Uh September 17th. >> Oh, September. >> Yes. >> We >> Okay, it says I was saying how is it in no the 17th of October. It's too early. Okay. Did anybody get a chance to read those minutes and have any comments sent
to the proper people? >> Yes. No edits for me. >> No issues. >> Everybody's good. Okay. Can I have a motion? >> Motion to accept the meetings of September 17th, 2025. >> I'll second that motion.
>> Eligible to vote. Mr. Berkeley. >> Yes. >> Miss Ghart. >> Yes. >> Mr. Gian. >> Yes. >> Uh Mr. Offanita. >> Yes. Mr. Luchani. >> Yes. >> Um, that's it. Thank you. >> I'm sorry, Mr. Marzoka. >> Was I allowed to make the motion?
>> Yes. >> Okay. So, we have three resolutions. We'll take them one at a time. Marty will give us a a summary of each one as we go down the line. So, >> I'm sorry through chair. The minutes for September 17th, 2025th were successfully approved. Thank you. >> Okay. You may say.
>> So, so the record is clear. >> Okay. So, uh we'll do one at a time. So, Fran, let's do number one. Resolution zoning board 2024-05 14 Hawthorne Avenue block 58.02
lot 16 in addition to a house addition over the garage expansion of the main floor and an ingground swimming pool requesting setback relief on Bayberry in the >> That's okay. >> That's all right. You skipped number
one. >> That's all. Keep going. Keep going. >> New horizon, but go ahead. Keep >> a different. >> Oh, that's the old one. >> Oh, okay.
>> Remember that one, friend. >> Oh, you have. Okay. >> All right. Keep going with that one. That's all right. requesting setback relief on Bayberry in the existing driveway to 29 ft. Intensified rear setback from 22.7 feet to 20 ft.
Reducing side setbacks from 10 ft to 5T increasing the F from 20% to 25. >> Okay, Marty. >> Yeah, this was sent to our professionals and and their professional. They don't have an attorney in that field if you
remember. Uh but uh this is the one where there's several conditions they're going to work with uh Greg on drainage and grading in the two rain gardens Jason. >> Thank you. >> Two >> and and some other conditions that throughout the you know that we all
agreed on including the uh location of the pool equipment and the backwash get freehold soils exemption letter most of stuff pretty standard. They got a sim revised plan to move showing the pools moved 10 feet off the property line. So there's no other Craig had a
minor comment. Other than that, we're good to go. >> Okay. Anybody have any comments from the board? >> Okay. If not, can I have a motion for the first one? >> Motion to approve resolution number 2025-9 14 Hawthorne Avenue, block 58.02,
lot 16. >> Second. >> I'll second it. Okay. Roll call. >> Eligible to vote. Mr. Burkel, >> yes. Uh, >> Miss Gerard, >> yes. >> Mr. Gian Bolo, >> yes. >> Mr. Oranita Bulos, >> yes. >> Mr. Luchiani, >> yes.
>> And Miss Campus, >> yes. >> Resolution number 2025-09 was successfully memorialized. Thank you. >> Okay. Number one, >> I was wondering why I was here. Whispers. >> Okay. Zoning board resolution number
2025-08, New Horizon Properties LLC 494 Middle Road, Homedale, New Jersey. Developed the property with a convenience store and fuel service facility. Third extension of time >> and you've done this twice before. This
is the last one. Uh it's just straightforward. >> So again, no more extensions. >> No more extensions. >> And do they clean the lot? >> I would take that under consideration. Yeah. Or knock the building down. >> Okay. Anything to read?
>> Straight forward. >> Okay. Any comments from anybody? >> Okay. Motion. >> I'll move to uh approve resolution ZBA 202508. >> Second. >> I'll second.
>> Roll call. >> Eligible to vote. Mr. Berkeley. >> Yes. >> Miss Campus. Yes, >> Miss Gherard. >> Yes, >> Mr. Orphanita Pulos. >> Yes, >> Mr. Gian Paulo. >> Yes. >> And Mr. Luchiani. >> Yes. >> Thank you. The resolution um 2025-08
was successfully memorialized. Item number three, >> resolution 2025-10, zoning board 664, Canon Hill, amended minus subdivision for a lot line
adjustment with a D4 F variance and bulk variances >> sent to Craig as well. I mean this is Bob Euro I think on this Bill White and and
attorney uh Yeah, there is another page. >> So, there was one minor comment from applicants council. If you remember this, the only two things they amended were the um they added the two ADA parking spots in the back, which was a condition from the first approval. And
they uh they had a whole full length curb cut on the firehouse. They had to make it just a regular curb cut for a driveway per the Mammoth County Board uh planning board. So that was shown on the amended plan. All the conditions from
2023 are still uh reinccorporated into this resolution. >> The special conditions, >> all the special conditions are so uh they did do the one with the ADA, but other than that, everything's still open obviously uh and they have agreed to comply obviously to all those conditions.
>> All right. Okay. Uh any comments from the board, questions? Motion, please. I'll move to uh approve the uh motion for uh 2025-8
>> 10-10. Sorry. >> The second, please. >> I'll second. >> Roll call. >> Mr. Burkel. >> Yes. >> Miss Campus. >> Yes. >> Miss Gerard. >> Yes. >> Mr. Roofanita Pulos. >> Yes. >> Mr. Mr. Gian Paul.
>> Yes. >> And Mr. Luchiani. >> Yes. >> Resolution number 2025-10 was successfully memorialized. Thank you. >> Okay. Fran. Uh, public hearing number one. >> Public hearing. Zoning board 2025-02 Tranquil Inspirations Inc. 24 Shank
Road, Homedale, New Jersey 07731. Convert a residential dwelling into a private outdoor learning center and daycare. The applicant also proposes constructing an additional parking area and driveway which will not be heard
today and will be carried for December 3rd, 2025 without further notice. >> Okay. I don't know if there's anybody here for that application. >> There was. >> Oh, okay. So, he was told, I guess. >> Yes. >> Okay. Item number two. >> I'm sorry. I need motion and second to
carry. >> I'm sorry. Motion to move it. I'll move I motion to move this matter to December 3rd. That's the tranquil sorry >> learning center. >> Learning center. >> I second that.
>> Further notice >> and I second that motion. >> Okay. All in favor? >> Roll call. >> Roll call. Sure. Mr. Burkel. >> Yes. >> Miss Campus. >> Yes. >> Miss Gerard? >> Yes. >> Mr. Luchiani? >> Yes. >> Mr. Marzoka? >> Yes. >> Mr. Gian Paulo? >> Yes.
>> And Mr. Orphanito? >> Yes. >> Thank you. Okay. Item ZB 202503. >> Board of adjustment 2025-03. Michael Jenkins for Burkshshire Court.
Basketball hoop installed 98 ft from the curb plus 2 1/2 ft from the property lines approximately 10 ft behind the rear fence of the residence including 12,600
lumen external flood lights. Okay. Uh before we get started, sir, we're going to have our professionals sum up what what's going on with this whole application. >> Let's we got to swear everybody in first. So, uh
>> we will. >> So, we're going to do that. We'll swear you in all everybody at the same time, please. >> Everybody, >> you swear affirm that including Mr. Jenkins yourself. You swear affirm the testimony you're about to give is the truth and nothing but the truth. >> Yes. >> Yes. >> Okay. So, when we get to you, we spell your name and everything. But for the
record, our professionals have been sworn in. And now I think the chair is going to ask you to just spell your name for the record. >> M I C H A L J N K I N. >> You want them to summarize? >> Yep. Who wants to go first?
>> Mr. Sherman, thank you. Um, so my understanding is the applicant uh went to the zoning uh department and received the zoning permit to construct some improvements which included um 4 foot high fence, retaining wall not to
exceed 3 and 1/2 ft high, regraining of the area within a proposed fence area and adding then installing synthetic turf. Um, now the applicant has also installed some uh sports lighting and is proposing to install a basketball court.
And my understanding is that now because of the installation of the basketball court, it's now considered a sports court. And there's certain requirements in the ordinance in section 30-127- um-6. And uh that section talks about
requiring to have the minimum setback requirement that's uh for an accessory use in the zone which is 25 ft and uh without a specific limit of sports courts within the fence. We're considering the fence the limit of
the sports court and per the uh plans that were submitted the sports court was right on a property with a zero foot setback. So, we need there's a varianc that's required for that. Also, um there's a requirement that uh the um
sports court if it's in the located within the front yard has to be twice the distance uh back from the property line uh as it relates to um the setback. So, the setback >> this is front yard. So, because this is
on a culdeac, the front yard is in two places. No, it's only there's only one frontage on the site. Okay. I know some of the properties on the culdesac, right? >> No. >> Well, it's a corner lot. It's got frontage on Long View and also
Bergkshire. >> Okay. >> But it's it's not on on the corner lot portion of the site. It's on the opposite side. >> Okay. >> So, it's a front yard to Bergkshire. >> Okay. >> And the ordinance requires double the
setback, which would be 100 ft. and the plan show the fence 10 ft from the property line. >> Okay. >> Um and then in addition to that, there's some specific requirements the ordinance for the lighting. Uh it uh the sections require uh 15 feet in
height which the applicant indicated in the application documents that it will be less than 15t high. um the source of light is not visible from enjoying residential property or the street that the
um the lighting at the ground surface of the surface to be illuminated does not exceed 20 20 foot candles and that's not to be illuminated after 11 p.m. So I believe the application documents have indicated that that the proposal meets
those requirements but I think now we just need to get to obtain confirmation of those requirements and then uh look at the uh variances requested. >> Okay. So you mentioned the zoning officer you said earlier
>> there was a zoning permit issued for the project >> but it was a different project. I don't know that it was a different project, but um the I believe the addition of the basketball court then classifies it as a
sports court where in the initial request the basketball hoop was not part of the request. >> So what makes it a sports court is having the basketball hoop. If it wasn't for that >> that's my understanding. Yes. >> But isn't there a net there uh for
playing tennis or something? >> So the turf field by itself is big enough to uh have a tennis court there, right? >> I don't know the size of the turf area. I know it's within the fenced area which
was uh depicted on the plan. Um I guess it could be used as a tennis court, but up until my understanding that the basketball court was to or the basketball was to be installed, it was just a turf area, which it's not considered sports court at that point. My understanding
>> even if you put a net there and play tennis on it, not a sports. >> Well, I >> Why don't you Why don't you let the planner? She looks like >> Let me just answer that one question. I'm sorry. The initial application did not show a net. >> Okay. >> So,
>> so so your ordinance um section 30-105 deals with essentially sports courts. It's swimming pools, tennis courts, and it discusses courts as a general term as well. And so, um, again, I agree that
the the zoning permit plans, I didn't notice any tennis net, um, on those plans that got that zoning permit initially. Uh, but if it did have the tennis net, I think it would be the same requirements that we're discussing tonight would be applicable whether it's
basketball or tennis. Um, it would still be considered a sports court and now these setback requirements would apply. >> So, But our zoning law was permit uh someone to build a uh >> Wait, you need the mic on. I don't know
if your mic is on so I don't hear you. >> Okay, I have to hold it. >> Pull this. Show them how to put the slide switch, >> Jean. Underneath there's a switch. Slide it in some. >> Okay. I know. >> Yeah. Uh, so the question I have is our
our regulations right now say that you can uh put down a uh a surf turf field and unless you say that it's going to be used as a tennis court, there's no regulation against that. I mean, it's
permitted in the zoning. >> It's not considered that the only reason you put in a turf field like that is for sports. making it a sports court. >> So, I'm looking at the zoning permit
that um was was part of the application and there's discussion of a 4-ft fence, a six-foot fence. Um there's discussion of a retaining wall and um
fencing around the pool that currently exists. Um, it does say that artificial turf will be placed inside of the newly fenced area at the time. I'm not sure what that was considered, you know, but I think that the variances at the time were or the uh
the zoning permit at the time was really for the fencing and the retaining wall and the artificial turf. I guess there was no explanation really associated with it at the time. I wasn't a part of that. But I think that we consider now that
having a tennis net or a basketball hoop clearly indicates that it's meant to be a sports court. >> Okay, board members, we're just going to listen to as an introduction from our we want the applicant to present his case before we ask all these questions. So, let him just finish the introduction and
then we'll have the applicant present his case. I just want to clarify, I don't think the zoning ordinance specifically says anything about synthetic turf, whether it's approved or not approved or whether it's part of sports court or not. Um because the ordinance specifically says um
basketball hoop or basketball court. I think that once the application came in to add the basketball hoop, in my mind, that's what made it a sports court. >> Okay. Go ahead. Do you have anything else in the intro? Um I just wanted to reiterate for the board um the
requirements for a C variance. There are the setback variances um and you know they applicant can either argue that there's some sort of undue hardship or practical difficulty in complying with the ordinance or they can state that the
benefits of granting the ordinance substantially outweighs the detriments and that the purposes of zoning are advanced. They also have to prove that there would be no substantial detriment to the public good or impairment of the zoning ordinance and master plan. So those are the burden that's the burden
of proof that they have to discuss tonight. >> Okay. >> Yeah. >> All right. Okay. Sir, introduce yourself to the board and then uh tell us your situation. >> Um hi, I'm Mike Jenkins. Um >> is it on?
>> Yes. >> Is that is that all right? >> Yeah. >> And the problem is it gets recorded. It sometimes doesn't pick up unless >> you're talking pretty close to it. >> We can hear you, but they got you. Okay, >> it goes on the record. >> I'm hoping this is okay. >> I think I works. >> All right. Just just to clarify,
there there were two separate things. There was a zoning um for the fence, for the retaining walls, for the leveling, for the synthetic turf that was approved. Um later the basketball hoop went up and the lights went up. the
lights are in accordance with the ordinance. Um 15 feet, less than 20 foot candles, all that stuff. And I'm gonna talk about that. >> Talk about it. Yeah. Go ahead. >> Ready? Okay. Sorry. My first time. Um
and I apologize if um I I I wrote some stuff down. I hope I I hope it's um all relevant. I think it is. Um so just >> So are you reading a statement? Is that what you have? going to read in order to accelerate this because if I tried to get through this, we'd be here all night
and I recognize I'm the only thing in between us and Miller time right now. So, um, so my wife Michelle and I live at Fort Burkshshire Court with our three kids, Jack, Axel, Violet. One other real quick thing, the tennis net that's there is a portable tennis net. I have again
three young kids. That was actually because I remember hitting home runs over nets or fences and that was a lot of fun. So it's portable so we could that that's like a mini wall, right, for a home run derby for the little kids. Um
I'm not suggesting that nobody's ever going to hit a tennis ball over it, but that was not the intent for that portable net. Um, I don't again I don't know if it's relevant since the hoop went up and now it's a sports court, right? Um,
a little background on me. I was a pilot in the N uh in the Navy for about 10 years. Um, I flew in combat and operations enduring in Iraqi freedom. I have an undergrad in mechanical engineering from Wler Polytechnic Institute and an executive MBA from NYU
Stern. Um there are a few documents I received throughout the process I understand need to be addressed. There was some overlap between the requirements between the planners review dated October 10th and the technical review dated uh October 9th. So we'll start there.
The nearest fence to Birkshshire Court is 22 feet away. Um the fence segment nearest the property line between four and six Birkshshire Court is half a foot away. both as approved through zoning. So what
we talked about before, right? That said, the current position of the fence, the retaining walls, and the synthetic sur turf are all pre-existing to anything pertaining to this variance and have been inspected and approved through zoning. The fence itself was inspected
and approved a second time via a construction permit so it could be blessed as being pool compliant. So all of that, all that is not pre-existing with regard to this variance are the lights in the basketball hoop. There are no plans to
for further disturbance or increase in impervious cover. Therefore, there's no impact with regard to storm water requirements and so no need for dry wells or silk fences or any anything else. on onto the lights.
Both reports ask for specific measurement of the highest point at the highest light per as per the ordinance, it must be 15 feet above the ground max. The highest light the highest point on the highest light is 14 ft 10 in above the ground. Lastly, the technical report
asked that the hours of illumination be provided since the ordinance states the lights cannot be on after 11 p.m. This is not a straightforward and easy answer. As I shared before, we have three young kids. Currently, the process of wrapping them up for beds typically starts around 7:30 p.m. As we're all
aware, sometimes in the winter, it gets dark outside before 5:00 p.m. So, the thought was that on rare occasion when it's not super cold, especially in the winter months when daylight disappears early, we wanted to provide the kids the opportunity to play for a little while
longer. That said, we realize that they won't be young forever and they'll go to sleep later than 7:30 at some point down the road. My oldest is in first grade, so I didn't know exactly when that later part happens. So, I asked our neighbor
Penny at 5 Birkshshire Court, who's got kids a bit older than ours, when they started going to bed later. And the answer came back probably 9:30 or 10 p.m. maybe in seventh grade. So that's six years from now for us. At this point, I wanted to quickly point out
that the trees that were placed all around the Fenston area of this discussion. Here's a picture of them. >> Okay. We're going to have to mark that as an exhibit. >> Just give it diagram. >> Yeah. Do we want to We have to mark it as exhibit and then we'll pass it
around. >> Hold on. Hold on a second. We're going to mark it. >> Wait, stop. >> A1. Do you have other pictures that we have to mark? So, we'll do it all together. >> Oh, okay. I They got to go in order, though. >> All right. Write a number on them,
Irene. Write a number on each of them. >> However you want to do it. >> It's going to go along with his story. He's telling a story. >> He wants the pictures along with the story. >> Can we Can we mark them afterwards? >> What do you think, Marty? >> All right. Good. >> How many are there? >> Just a There's less than 10.
>> Okay. just so we have an idea >> because we have to pass them along for everybody to look at them. So, it's going to take a minute. I'm going to put a one on this one. >> Why don't you tell us what that shows and did you take that picture and when did you take it? For the record, we need
to >> Yeah. If you're standing up, you have to have the mic or you have to use that one. >> Okay. Evergreen trees. What What are the name of the species of the trees? >> I don't know. I don't know what they are. >> The hoop behind it. You can see the hoop behind.
>> I I I >> went I said, "Here's a picture of the trees that we have. I need more of these trees, >> right?" >> Okay. >> Um >> Okay. So, we you guys saw the first trees. I'm trying to keep my place here. All right. So those are the trees that
are around the area of discussion right now, right? About right here's another picture. >> Number two. >> Okay. >> No, but he wants to keep it in order.
>> Marty will write number two on there. the the trees that we just looked at are the same trees as those trees along the property of four Burkshshire and 10 Long View. All of those trees in this second picture are more than 25 ft tall.
It's also noteworthy to point out the speed at which these trees grow. So, here's a third picture >> of the same type of trees that we put next to our driveway at the same spacing. >> Three and a half years ago, these trees
were exactly the same size as the trees that are lining the area of discussion are. And all of those trees are already filled in nicely and are already greater than 12 feet tall. So these these things grow quickly. So the point here is that these trees grow fast and by the time
our oldest is going to bed at 9:30 or later, the trees around the area of discussion will have already grown up into a nice wall like the trees around our driveway and they'll further trap any stray light. I'm hoping we can add this as a consideration regarding how early these
lights will be going off for a long time and these trees will quickly grow and fill in. Again, please also consider for most of the year, for at least the next few years, the kids will be going to sleep while
there's still daylight visible. So, these lights aren't even going to be on for most of the year. Um, with this in mind, it's safe to say these lights will be on after dark on a varying and infrequent basis, and in no
event will they ever be on after 11 p.m. There will also be safeguards. It makes sense to add at this point that there's a pending construction permit pending the outcome of this variance request so the lights can be rewired as the Homeell construction office would
like to see them. And the lighting plan includes smart switches that can be placed on a schedule with auto shut off functionality. I would dare not lecture the planning board on why we have ordinances.
>> Where's zoning? >> I I read planning board somewhere. Zoning board. Apologies. >> You can you can lecture the like well then well then in that case, right? No, I apologize. Okay. Um, I did want to quickly share that as a former Navy pilot, I'm extremely safety conscious
and the last thing anybody wants is a driver who's blindly blinded by excessively bright lights or annoying beam annoying lights beaming into your living room window or inherently thrown basketball bouncing off your roof or worse through a window. So, as we know,
ordinances are designed to handle the toughest cases. For example, while not the norm, some homes in Homeell are as close as about 20 ft to an adjacent property line. You certainly don't want to have a basketball hoop or lights 20 feet away from those. It's not always like that though when So
when a unique case presents, we've got the variance mechanism in place to sort through where an exception potentially makes sense to accept. So to put this particular instance into perspective, in line with what we have
stated in the planner's review, the properties on Birkshshire Court tend to have deep front yard setbacks to the house. The same is true regarding the setbacks on the sides of these homes. Also, here's a picture of the area. It's
clear that the homes it's clear that the home that's most potentially impacted is six Birkshshire Court. So, here's an I just want to share what this is. >> That's for Birkshshire Court. This is Birkshshire Court. That arrow is where
the lights are and it's aimed directly into this property. Does that make sense? >> So, I just want to point out that >> for analysis, we're going to look at the worst case scenario. What happens to this house? >> How do we pass that along? And we'll mark this as A2. This is a
tax map. >> Yes. Here's here's another picture. So, this is Six Birkshshire Court. Just so let me read this first. The home at Six Birkshshire Court is 108t from the closest point on the property line. It's 135 ft from this basketball hoop. And
it's also on a hill. It's 52 feet in elevation from the base of the lights. And it's 100 the closest point is 186 feet away from the nearest light. That's that line is the property line.
S A3. >> So the point here is that the house is pretty far away from the stuff we're talking about. We'll get more into some of the details requiring the lights soon. Regarding the basketball hoop, this is the furthest this is part of the um the bulk variance
um justification. This is the furthest feasible position for the hoop from the street from and from the property line. That said, it's 98 feet from the curb and it's also 2 and 1/2 ft from the property line. Putting this into perspective, in his prime, Michael
Jordan could not hit the next nearest home from the location of this basketball hoop. And there is absolutely no chance that a basketball would bounce into the street on Burkshshire court. Even if a ball were somehow to find its way into the
street, given the fact that it's backed up on a court means that there's never any traffic volume and any vehicle traveling this area would be traveling so slowly that no hazard would occur. Now, back to the lighting. First, the ordinance states the reason for its
existence is to minimize glare to adjacent homes and roads. What's glare? The definition of glare is of the sun, harsh, blinding, and dazzling light. Furthermore, glare can be direct or reflected. Examples of reflective
surfaces are mirrors, glass, and water. There is no reflective surface anywhere in the area of illumination. So, we can eliminate that as a possibility that would potentially contribute to the light intensity. To put this into perspective, at parts of the world, sunlight can reach up to 10,000 foot
candles. On a normal cloudy day, it's roughly a 100 foot candles. Professional sports fields are designed at 150 foot candles. A home a high school football field like Homeell High School, it's around 100 foot candles.
I think an argument can be made that a cloudy day already is not harsh or blinding. Surely we can all agree that 18.9 foot candles or less than 1/5if of a light intensity of the intensity on a cloudy day doesn't qualify as any sort of intensity that can be classified as
glare. Again, this is the very reason stated for the ordinance existence. We've all, I'm sure, driven past Homedale High School at night when the lights at that football field are on. That road has a much higher traffic volume. The rate of speed driven on that road is much higher than can be found on
Birkshshire Court. and the light coming off of Homedale High School's football field are of much higher intensity than these are. I'm sure that all here would also agree that the home the Homeell High School field doesn't pose any sort of a traffic hazard. So, I think we can I think we can
conclude that the these lights would also not at all negatively impact Birkshshire Court. This point corroborated by the July 16th PSNS report specifically stating that the lights will not have an effect on traffic. So I am hoping that it should
at this point be reasonable to eliminate any negative effects on the roadway of for Birkshshire Court. It follows from this point that any homes on the opposite opposite side of Birkshshire Court from for Birkshshire Court especially since all of them have
foundations at a higher elevation than the elevation of the highest light contemplated here and and since all the lights are angled down at least 30° we can agree these homes are even less negatively impacted by these lights than the roadway itself. So, this leads us
back to analyzing the home most impacted by the lights. Six Birkshshire Court. I trust we all agree this is naturally the most directly impacted by these lights. Here are the calculations that communicate the light intensity that
actually reaches six Birkshshire Court. So, I'm just going to walk you guys through this real quick. >> I'm pretty sure these are right. So, if you guys can see this, the highest light is 14 feet 10 in off the ground. Six Birkshshire Court, the closest point of
that home is 186 ft away. It's 52 feet in elevation above this light or above the where this light's being measured from the foundation of for Birkshshire Court. So, if you subtract 14T 10 in from 52, you're left with 37 ft and
change. We have to calculate what that angle theta is down here are the calculations. So effectively the beam angle of the lights that are contemplated are 120°. They're already down angled down 30°. So that
leaves 30° above the horizontal that we're looking at. 12,600 lumens times 12 lights is 151,200 lumens total light. The sign of theta is opposite over hypotenuse 37.
Okay. Off. That's a ball above the board's head. You know, Craig is the one for his light person. >> Does he have that? Yeah. Does he have that? Do you have >> So, let me >> I would just submit that and let's call it exhibit A4. >> You got it. I'm just I'm just going to cut to the chase here. >> I want to ask you a question. Who
prepared that for you? >> I'm an engineer. >> Oh, you did this? >> Okay. That's what I'm going to I wanted to make sure that you're a professional that did this. these calculations. >> I'm I'm sure a professional can corroborate. >> That's why I asked. >> I got you. No worries. So here So
cutting to the chase here, assuming that these are accurate, we're left with 673 foot candles at the nearest point at six Birkshshire. I took a picture from six Birkshshire court.
This is directly aimed at those lights. You can't see the lights in this picture. They're completely obstructed. >> Stop it. We got to get that marked first since you testified to it. >> You got it. >> That be A4.
>> They're completely obstructed once. >> I'm sorry. This would be A4 as a specs for the lights. You okay with that >> title? Yeah. >> Okay. Thank you. Please continue. >> Completely obstructed. Conservatively, if we put the the
>> the obstruction at 90%. >> Do you want to take this? >> That'll be number four of A1. That brings that brings the total down below 0.1 foot candles in intensity at
the nearest point of six shire court, which the ordinance also states in other areas is the maximum you're going to want to expose another home to. >> So, I got to get this over to Craig. >> Craig, have you seen this? >> Thank you. >> So, he's going to have to he's going to
take a little while to >> No worries. No worries. We're all set. >> Okay. continue. >> Well, I I Do you want to You want to take time to look at this first, Craig, or should I let him continue with his testimony? >> He can continue the testimony. >> Is he looking?
>> All right. Go ahead. >> Go ahead, Mr. Jenkins. >> Okay, Mr. Jenkins, just so we're clear on that last photo you just sent. >> Just explain what that was again because I missed I got it right from the right. >> And was the view of the house? >> They're actually They're asking the same question over here. So, what was the Can you repeat what that picture showed us
again? The last picture. What does that look like? Which picture you >> lift up the picture? >> From six Birkshshire. >> That is the view from six Birkshshire Court. And right in the middle of that picture, right in the center, if all
those obstructions weren't in the way, right, that would be the lights >> neighbor's house looking at your house >> at the lights. The lights. >> So, the light on the uh on the lawn there is from the your light. >> That's just >> No, it's a daytime picture.
>> It's a daytime. It's not a nighttime picture. >> So, we can't see that. >> It's just the show trees are blocking. >> It's showing that it's completely obstructed. The trees are blocking. >> Okay. And it's a daytime picture, not a nighttime picture. >> It's a daytime picture. Right. Right. >> Oh, okay. See, that's what I was
confused. >> Yeah. It look like it was a night picture. >> We good so far? >> I think so. >> Okay. So that said, the July 16th PSNS report rec um recommends waving the setback requirements for the basketball hoop and also recommends accepting
lights as contemplated also regarding the bunk bulk variance summary. >> Don't go so fast because we're trying to absorb everything you're saying. >> I gotcha. I I genuinely I I I here's why I don't know how these things go. >> Well, the way it goes normally is that
you present your case, >> right? >> The board is going to have a whole bunch of questions to ask you. So, you're giving us a lot of data. >> We have to remember all these things to go back to where you were. >> I >> And then I open it up to the public and the public asks you questions.
>> My professionals will ask you questions. So, >> right, >> we're you're giving us the whole nutshell in one shot. So, it's a lot for us to absorb and you're going quickly and I'm trying to hear everything. >> I got you. I feel like I'm accelerated. No. >> Well, first of all, I'm I was a pilot,
so I'm automatically an add, you know, adrenaline junkie anyway, right? Had some coffee today. So, and and I think mostly it's because I feel like I'm wasting your time if I don't rush through agenda. >> We're all Homedale residents, regular
people. We're No, we're No, don't worry about it. >> Okay. >> So, just talk to us like you're talking to your friend. >> You got it. Um, so we're we're actually almost done here, I think. Um I'm hoping um so regarding the bulk variance summary document that said here the
relevant particulars the positive criteria negative criteria the shape of the property in conjunction with pre-existing structures forced this to be the only area to accomplish this feasibly right I mean it's a flat area it was pre it was pre-existing was all
set with the zoning I I didn't even know that I needed a permit to throw a basketball hoop up um if we're talking like friends. I had a nickname in the Navy, Lieutenant Overkill. And the reason for it is if we put a television
set up on the wall, you can rip the wall down with that television set before the wall comes down or before the TV comes off the wall. Right? So again, I I didn't know I I needed permission otherwise I would have come
asked for it. That is the only spot that basketball hoop will work. And I I initially thought, hey, I'm going to go to Home Depot, dig a little hole, get five bags of cement, whip it up, throw it in there, mount this sucker, and we're all set.
There is a substantial amount of concrete that's required to mount one of those puppies. And to put this into perspective, it needed to be a two foot by two foot by 3 foot deep hole. And it's not only that, it is it is pyramid
shaped underneath. I don't know if you've ever seen the movie Hellraiser where the guy the bald guy with the spikes coming out of his head. There's about 30 pieces of rebar that are buried halfway into the surrounding pit.
And there's 32 bags, 32 80 pound bags of concrete mix in that thing. an F5 hurricane could open up over Birkshshire Court, all the houses would be gone. That basketball hoop's still going to be there. So, I I genuinely I didn't know it was a transgression when I was
throwing it up. We got all this stuff done. My wife said it'd be cool if we threw a basketball hoop up for him. That's that's that's you can raise and lower. And >> Well, can I ask you a question? Everybody's going to have a lot of questions to ask you, but when you started this project and you and you put
the court down at that point, what were you going to use that property for? >> It's a play area for my kids. If you want to know the backstory, I can share. >> Why not have grass on there? What made you put down, you know, the turf, you know, basketball type of material?
There there's quite frankly it's because I didn't I I didn't want to make sure it was so short that I I'm a baseball guy, right? And I it grows quickly the grass. So if it was if it was just turf then you don't have
to you don't have to mow that and it's always low and I could walk out there. I'm a I'm I have a job that doesn't afford me a whole lot of time with them. So, I don't want to be wasting time mowing a particular area when I could go out there and just start hitting ground
balls right away. I played I played collegiate baseball. That's my thing. The tennis net's there for baseball reasons. >> So, we're we're trying to figure out that's why I had those guys talk about it first. So, it was the permits you got
originally were for what you did, but once you made it into a sports court and he and they defined it, that changes all the rules. So even though you did everything correct up to that point, now you got a new set of rules that you've got to follow, right? Am I correct, guys?
>> Yes. >> Okay. So that's what the issue is here. All these things of how you built it and all that is really not relevant to this. We have to decide about what we just talked about. >> I got you. And I'm I'm hoping we're here and we can sort through all of it. >> Well, that's that's what we're going to
try to do. So go ahead. >> Okay. So um so again, It's the only place that it can go. Um, and it's the only area on the property that topographically can can accommodate it. Regarding the negative
criteria, relief requested to be granted for both of these without substantial detriment to the public good as corroborated by the PSSNS report dated July 16, 2025 with regard to the sports court variance requested at Fort Burkshshire Court. Uh page two item 13
will not trigger development requirements for storm water management regulations. Page two item number 14 will not have effect on traffic. So it does not po so not only does this not pose substantial detriment, it doesn't pose any detriment to the public good.
Also this would not in any way impair the intent or purpose of the zone and the zoning ordinance as regarding the surface and the basketball hoop itself. no neighbors would be negatively affected by its use. In fact, Frank and
Ellie, they live at Six Birkshshire Court. They're the ones that are directly across from the court and defense. And I can show you a text message that Frank wrote me just yesterday. I can't make it tonight, but hey, I I hope it goes well. I can show
you guys the text if you're interested. Um, >> just just so you know, we can't hear that because it's hearsay, but we're not disbelieving you. >> I got you. >> No worries. I I have something else that we're going to look at in a minute that that will corroborate that. >> Maybe we all should stop a little bit
and let some people ask some questions from the board. >> Okay. >> And I know you have more to go, but there's so much you covered. I don't know if everybody's going to remember. >> He was just finishing his negative criteria. >> I'm almost finished. Okay. Go ahead. So
the the surface and the basketball hoop, no neighbors would be negatively impacted. The lights, the calculation I'm providing, hoping this demonstrates a more than acceptable limit under the ordinance stipulated to any other home should be subjected to. Everything else is in line with the ordinance. Specifically, the lights are below 15
ft. It is less than 20 foot candles in intensity. The lights will never be on after 11 p.m. And as previously stated, the other factors to consider, the lights themselves are below the the highest light is below the foundation of any nearby property. They're all angled
at least 30 degrees down from the horizontal. Furthermore, these improvements would have a positive effect on property values. To finish up here, I crafted a petition entitled, "Let them play in the spirit of the bad news bears." and
every neighbor within 200 feet that the township required me to send notice of this hearing to signed it with just one exception. Nobody lives at 15 Long View Drive. Not because the resident was opposed, but as you guys may know, one of our former mayors lived there and he
passed a little while ago. >> All right, Dave. >> Um, so one of the sneees asked that I state the following for the record. They support as long as the lights are to code. So I wanted to check that box. Again, not not disbelieving you, but if they're not here to testify, you can say
you talk to your neighbors, but the neighbors aren't here. >> Fair enough. >> Anyone has sign anyone has everyone has signed in along with one of Homedale's township committee members. Let me just quickly read the petition to you and the comments as well.
>> Mr. Jenkins, we can't take that. Uh >> yeah, it's irrelevant. >> Yeah, >> without having those people here, it's irrelevant information. No, >> they have to >> they have to be here >> to testify. >> So, we'll open it to the public. >> If they're here, I don't know who's out there. So, we will we will let the
public talk at some point. >> These are the people that signed it. >> You can you can give it to Ireina. You can give it Ireina for the record, but just so you know, that's the board can't consider it. >> We can't consider it. Unfortunately, >> everybody
um Oh, can I just can I borrow the magician back real quick? >> I just wanted to read what I said. >> We support our neighbors at Portshire Court. Let the kids play various requests court to include fixed basketball and residential recreation
lights in Portville, New Jersey. Block number 29, lot 32. Application file number ZB 20253. Hearing date October 15th. location courtroom at Homeell Township Town Hall the undersigned support in favor of our
neighbors Michelle and Michael >> above detail >> Mr. Jenkins, this is irrelevant, so you don't need to read all this. We can't consider any of this. >> Can I ask a question at this point? >> No, let let's let him finish. >> You're done.
>> We all have lots of questions. >> So, I think the big issue here that we're going to have to talk about is originally it wasn't planned as a sports court because if it was, everything would be very different now, right? You would have followed the rules. I know we've done I've been on this board for
almost 25 years and I've done lots of sports squad and we always talk about lighting. We talk about setbacks. We do all those things. Shadow You ever hear the terminology shadow box lighting? Shadow box lighting is basically a shoe box with the light come straight down.
Usually most sports courts will have that because that's less disturbance to the neighbors. Obviously you went differently, a different route and you put whatever light you have. I saw a picture here that the uh uh the I guess it was the construction officer supplied
to us. Uh they look like spotlights on your house. So, we have to we have to take all of these things into consideration where you're at in order to make a decision because if what you're doing is not correct based on a
sports court requirement. Even if it even under we understood the sequence of events that occurred on this whole project, but now it's not there. It's at a different now we got to look at it as a sports court. So, that's how we're going to talk about it. Am I right?
These are my professionals. Yeah. And and I'd just like to clarify. I think it was discussed a couple of times that the basketball hoop needs the setback, but Mr. Herman and I were in agreement that the entire court within the perimeter of the fence is what needs the setback. And
so that's the court itself, not just the hoop, just to clarify. >> Okay. So, I'm going to open up to the board members and let them ask all their questions they have and then I'll open it up to the public. >> Yeah. I got a question on the basketball uh hoop. Uh it's right against the fence
of your neighbor's property. Seems to me like uh especially when your children get older, not now perhaps, uh they're going to be throwing the ball and some of the ball sometimes that ball is going to go over the over the hoop and it's going to go into the neighbor's tree
area. So you're going to in the position it's in. I think to me it's eventually going to be such that your kids are going to have to go running into that neighbor's area quite frequently to get
basketballs. So I would suggest that why is that the the place to put it? If I were putting the basketball hoop, I would have put it in uh on the back so that when they throw the ball up, if
they miss, it's still on your property. So, can you explain why it's in that position? >> Yeah, there's a 4ft retaining wall >> there. There's a Guess I don't need this one anymore, right? >> Yeah, but four feet is not a not very
high. I mean, if it was a 10-ft retaining wall, uh, I might think that it wouldn't go in there, but seems to me like they're going to throw it 6 8 feet up and it's going to go over that fence. >> I I guess
so. I guess there's a couple of things here. It it I don't think it's for it to be mounted for it to be mounted anywhere else. The hole because again it's got to be 10 ft out
of the ground. The hole would have to be if we're if we're to spec it would have to be seven feet deep and there would be a little piece of the basketball hoop actually sticking out. >> But but of course you couldn't buy
yourself a uh those B I've seen >> ones portable ones. portable ones. Yeah. That you can put anywhere >> and you put the water in the bottle >> and you know and they hold up pretty well and you can put it it doesn't cost you anything to do it. Well, except you have to buy
>> and again I I'm I'm hoping that we can kind of personally I grew up in Long Island and when the basketball went over the fence into the neighbor's yard, it wasn't a big deal to go get that. My neighbors would not care if we
ran over there and and got a basketball whenever that occurred. I'm I'm not suggesting it's ideal. I, you know, I wish I could afford a bigger home and, you know, have plenty of room back there, but it's not it's not feasible to put on the opposite side.
>> Whoa. You're telling me that you couldn't put a basket a basketball one of those portable basketball hoops in the back of your property so that the kids when they throw the ball it would stay in your property.
>> It seems to me you could >> and it would be cheap enough well >> a lot cheaper than what you did. >> Well, it wouldn't be cheaper because I'd have to purchase that too now, right? So recognizing recognizing the transgression The I guess the the the
point is that if I were to rip this down and get a portable basketball hoop, >> it would probably go where the permanent one is. >> No. >> All right. So, let me explain our board here. We're going to our we're like judges,
>> a group of people, ordinary citizens of the town that have to judge this. And we look at the impact not only to your neighbors but the whole area because everybody's going to change. But that basketball and your sports court is staying there. So whatever we decide is
permanently there. So we have to think about the neighbors, the environment, how it looks to the streets. There's a lot of things that we have to look at. So having a hoop right on the property line, you know, like I don't want to repeat what Jean said, but that's something
that's not I mean, you know, if you were in Staten Island, maybe that's what they do over there. But here, everybody has setbacks in Staten Island or in the city, you could be a foot away from your property. Houses are two feet from the property lines. But here, we have setbacks because everybody wants their
own property to be maintained. They don't want to see the back of a hoop when they look out their house. So, we'll talk about a lot of things. Everybody's going to ask different questions, but I think that's what Jean is is referring to, right, Jean? >> Right. Yeah. And uh and of course, the
neighbor who's in there now may not be the neighbor who's in there 10 years from now. And that neighbor may not like it if your kids are in there >> uh you know, 15 years old running in in their property. I realize it's in the woods, but still.
>> So, we're remember we only have to say yes or no. We're I know we're making suggestions, but normally we just say yes or no, but sometimes we try to guide you so that maybe you might get a yes if we're if you're going to change things around in your application to make it
more feasible. >> I I >> I don't know if that makes sense. >> It does. I I would not have gone through this process if it were feasible to put that hoop someplace else. >> All right, let's keep going with questions for the board members. >> Go ahead, John. >> I may before I move on to question just
to give you some more color on the concern that was just raised. I can tell you from my own experience. I have a basketball court in my backyard. >> Well, >> your mic is not on. >> Don't press it. Don't press the button. >> Don't press it on. Don't press the button. >> Can you hear Can you hear me? Yes.
>> Okay. >> I can tell you from uh my own experience, I have a basketball court in my backyard. If the basketball hoops in my backyard, if they were up against the fence that separates my yard from my neighbors, I can tell you that we would
have even even when we had older friends over who are very good at basketball, we would have a lot of times where the basketball goes in my neighbor's yard. And it would be a problem because one, there's not always going to be a fence that's easy for somebody to get through and climb over. For example, the fencing
that's around um you know, my neighbor's yard, it could easily be, you know, uh bent, knocked over, or damaged if somebody were to climb on it and put their weight on it. It's not what the fence is designed for. Plus, I can tell you, for example, my next door neighbor, he's not always home every day. So, you would have a you could have a lot of
problems where somebody has to constantly climb over a fence that's not safe to climb over, a neighbor that's not always home, and again, the neighbor that's there today may not be the one that's there tomorrow. So that can just give you some more color on that concern. >> Ju just quickly in response to that,
there is a gate door that's right next to the basketball hoop. >> All right. >> Do they have a pool in their house? >> No. >> In their backyard? >> No, but their backyard is we're talking about the their basically in front of their property. Their their backyard is
far away. >> All right. Go ahead. >> All right. Um, and I guess just to kind of add on to one of the last questions, what exactly would um, because I'm not completely understanding why you uh, an
alternative for you couldn't be uh, purchasing one of the portable uh, basketball hoops and putting it in a different position in your yard. I don't see where it would go other than where it is. I genuinely I don't think
we would use it in any other place than where where it currently is. >> Can you explain why though? That that's what I'm trying to >> Could you just put it on the other side of the court is what I'm saying. Like so court's 100 ft instead of this side on that side. >> As long as it doesn't back up to your to
your neighbor's fence. There's no other place. >> Well, look at a Google picture. I don't know if it shows. >> Yeah. I'm not try I'm honestly not trying to be difficult. I'm just trying to understand. >> Joe, you can't. >> Joe, >> you got to be sworn in.
>> You have to wait for the public portion. >> You done, John? >> I >> I'm not trying to be evasive. I just don't know where where else we would use it. I mean, it it's it's there. Could it back up if you had a portable
um basketball hoop? put it back up to the opposite side of where um the basketball hoop currently is such that the back of it is facing your house >> painting wall there. And so instead of it being buried 7 ft into the ground,
now we have to build up some sort of pit and then fill that with cement and then mount it on that or or or put it there. But it wouldn't >> You wouldn't build a pit. >> No. Well, for the idea of a portable basket, you wouldn't build a pit.
>> I got you. It wouldn't >> wouldn't build anything. >> Just rolls. It's got fills with water. It's a plastic bottom and you could roll it anywhere. >> I mean, if it's filled with water, it's it's hard to roll, right? >> No, you can tilt it with wheels and it goes. And the wheels are really fat. At least the one that I had. >> Yeah.
>> Yeah. And uh you know if you put it you probably don't well I mean obviously you could put it next to the house but you wouldn't want that because it's going to be hitting the the basket's going to be hitting the house all the time which is not good. But also uh you you have on
the back part of your property there's I don't see any reason why you couldn't put it there and use a uh and use it in that position. Then the balls would go still on your property. They wouldn't go over to the neighbor. >> Oh, you're talking about in the very
back. >> It can't go. There's a >> uh maybe I don't understand. We don't see the There's an ingground trampoline at the back of the of the uh turfed area.
>> In ground trampoline. Okay. So, if a basketball went there, what would be the problem? You'd be standing on the trampoline shooting hoops. >> Oh, wait a second. You're saying the trampoline is in the back area and that
of the >> of the turfed area? >> Of the turfed area, >> right? >> And that's permanent. >> Yeah, >> permanent. >> Yeah. I I guess I'd actually like to take a few steps backwards if you don't mind because there's so there's pictures here and I I if we could just take our
time and walk through all these pictures, Marty, I don't know if this is the right way to do this, but I would just like to first >> What are you referring to? >> All these pictures. Okay, >> this is the construction inspection report by Dennis uh Sass. >> So Craig, does he work with you or is that with the planner? Who took these
pictures? Is it the zoning officer? >> I think that's department. >> What was that? >> Building department. the inspector that goes out. >> Okay. >> He's the building inspector. >> Could I ask um Mr. um Jenkins to just kind of Everyone has these pictures. I just kind of want to understand. I want
to go backwards from the beginning here. Can you come up to the front here? >> Do you have this these pictures? >> I want I want I want descriptions, explanations. >> So, can you describe to me what is this picture showing me right here? >> So, wait. So, >> which one? >> So, you got >> the first No, the first one on the top
left. Top left. He's got to get a microphone. There's a portable one there. We're going to get you. >> But also, we have to identify somehow what picture. >> It's the last page of this second page. >> The top and take your time on each picture at a time. I want to understand because I don't understand your backyard
enough to understand this full application. So, what is the top left picture showing me? >> Marty, that would be A5. >> It's already part. Okay. Thank you. >> Yes. What is that showing me? >> My house. That's the wall where the lights are on. Okay, >> that's just a closer picture of that.
So, this was taken from here and this is moved over a little bit. >> Okay. >> So, why could the hoopy be right there? >> You mean what the lights shining on the back of the hoop? >> Well, forget the lights for right now. We're trying to find a spot for the >> Yeah. I just want Demetri, if you don't mind. I just want I want to understand
all six of these pictures because I don't fully understand what I'm looking at. So, the first part is the corner of where the lights begin on the side of your house. And that's the back of your house on the left there. >> This is the back. That's the side. >> Okay. The next picture, there's a ladder there. And the ladder is >> That's the same ladder.
>> Okay. Same ladder. That's where the You testify. I don't want to testify. Tell me what that picture. >> Those are the lights. >> Okay. What is >> And they can be angled down. >> Okay. >> Even more. >> Okay. >> But they're angled down. I mean, this is maybe just after it was done because the ladder is still there. I didn't angle
all of them down, but they're angled 30. >> What is the top right picture showing me? What is that a picture of? That's a very dark picture. It's very black and white. I can't see anything. >> So, this is from Sixburg Shire Court. This is the fence line at the property line. >> That's their fence or your fence?
>> This is my fence. Okay. >> How high is that? >> Put on my behind the front face of the home at 6 feet. In front, it's 4T. >> Now, you showed us a picture earlier of trees. Are those trees now in the between that fence and >> they line the front of the property and
the side? >> Okay. So, right now, can you bring it to me a little closer? What is that? What is this? Is that the basketball hoop right there? What is that? >> What is that middle thing past the fence area? >> I don't know what that is. >> So, where is the basketball hoop right
now? >> If they're looking at that picture. No, no. If you're looking at this picture, where is the basketball hoop? >> It would be right here. >> And it's behind the rear face. >> Okay. >> That's the top middle picture. >> If I could, I think that that structure you're seeing in the middle is the net.
>> That's what I want to do. I have a picture of the hoop if you want to see. Well, I I trying to get the whole picture. I don't know the whole backyard. We need to see the understand the backyard. Yeah, >> that's the >> Oh, wait. He She's got it on there. >> Wait. Okay. Okay. >> You >> blow up that one picture. >> Zoning request that
>> the one all the way on the right. Top right. That's the >> Can I Can I borrow that? >> Uh, >> yeah, that's what I'm saying. Right there. So, top right there. That's what I'm Mr. Jenkins. >> We have it on the on the >> top right there. Yeah.
>> So, what is that structure right there? tennis net. Is that the tennis net? >> Yeah. Yeah, sure. Thank you. >> You see what we're talking about? >> Is that That's the tennis net right now. >> Yeah, that could be the portable tennis net. Yeah. >> Okay. And you point to me again where exactly you're in you've installed this
basketball court. >> So, if we're looking at this picture, it would be right. It would be right here >> and it's towards your So, you would be shooting the basketball towards your neighbor's property, right? Again, there'll be a backboard there. And >> so if it bounced off, it would come back
towards you. But if they missed the basketball backboard, that would go in a neighbor's yard. Is that >> go in the neighbor's yard? >> Okay. Okay. What is now, if you scroll down a little bit, Irene, if you I'm sorry to be really simple here. What is the bottom left hand picture right there? >> That's the basketball hoop.
>> All right. So the court now, >> can you blow that up more? >> Yeah. >> Blow it up. Keep going. That's good. Can you see the B? Can any of us see it? >> I Yeah, I can't. So, it's it's installed 2 and 1/2 ft from the fence. >> Oh, yeah. I see it now. That's the That's the backboard.
>> Can you point to the B? >> If you could, please. >> And you could see how the backboards 4T or so in front. >> Oh, cuz your kids are really small right now. >> That's what they're shooting. So, yeah, that'll go. >> Yeah, it's ft now. >> Yep. Okay. Okay. So, it'll go up higher. And And so, how much room between the
basketball court and the fence is there? How many feet back right here between the basketball backboard >> back and the fence? How many feet are in between there? >> I would say this is 4 feet deep. So, it's probably like 6 and 12 to 7 feet >> before you hit your fence. >> Before you hit Yeah.
>> Okay. So, four and a half ft there. >> What's the structure to the right? >> All right. What's the structure? >> For whatever for whatever it's worth, I I'll I'll teach him to hit that backboard. >> What's the What's that structure on the right? >> This >> in the middle. Yeah.
>> To swing. >> That's like a wood play area for kids to climb on. And there's a slide and there's swings. >> And what's behind that? >> Once once the youngest one doesn't want that thing, that thing's gone. >> What's behind that? >> That's a retaining wall. >> And what's behind that?
>> That's like >> Is that another person's property back there? That's where I'm getting. >> We This is the property line. It's an odd shape. It comes up this way and then it goes that way. So this little triangular area, there's a big hill. That that part's ours. >> So that's what Jean was trying to say
earlier. Right behind that play area is a trampoline though. >> That's why I wanted a trampoline. So the trampoline is where again? Show me that. >> It's behind that play area. >> Okay. >> That little area has a trampoline in it. >> Okay. All right. But if you put a uh a
basketball >> court uh in front of the play area, well, the balls might hit the play the play area and they might go into the uh uh the tennis court. >> Well,
trampoline >> thing, but you still could get them >> and they wouldn't bother your neighbors at that point. So, it seems to me like that's the trampoline. Yeah, it seems to me like that's the logical place to put a basketball uh uh
>> where again >> in front of the uh >> playground. >> Playground. >> In front of the wooden place. >> Irene, bring your arrow down a little bit. Right there. Yeah, right. >> No, not there. Back further. >> The back. >> Yeah, right there. Yeah, like right there or to the right a little.
>> Right there in that vicinity there. >> Yeah, right in the center. >> Yeah. If it's the portable one, you can roll it around >> so it doesn't have to stay there. So now the ball is going, even though it's going to the trampoline, it's not going to your neighbors. >> But I'd still like to find out about two more pictures here just so I fully
understand. Keep going. So there's another picture now. Irene, if you could reduce it to go to the middle bottom one. >> Yep, that's a good >> What is that showing me? That middle bottom one. What is that? >> Blow that up, Irene. >> What is that? Yeah. So that is Oh, so
you could see the fence. You could see the trees that in that picture trees lining. >> Orient me to where? Yeah. Or me. >> That that's the cul That's the culdeac up there. This is for Burk. This is Birkshshire Court, right? So long views
behind us. You turn on the Birkshshire Court and that's the culdeac. >> So that's the front yard. This is um I don't think it extends that that >> Why do you think the engineer or the this zoning officer took a picture of
it? What is this picture trying to show us? I'm trying to understand why this picture is here. >> The retaining wall maybe. >> That's the retaining wall thing. >> Yeah, because this it looks like they passed for a fence permit. So she's he's taking other things for some reason and he doesn't write the reason for that. We don't know why he took the pictures,
>> but that's nowhere near the basketball court right now. the basketball in this picture would be like over here. >> Okay. >> Okay. >> Okay. >> So, that's the front. >> That's the front. Okay. And finally, I'm sorry to be so obtuse here. >> So, wait. Before you go, since we're talking about
that, what the trees are there? Is there another fence behind those trees? >> Go back. Go back to the middle one. >> Stay in the middle one. >> So, I see a retaining wall and I see the trees in the background. Is there a fence back there?
Is that open to the >> culdeac? There's a fence in front of those trees. There's a fence in front of these trees. >> And And that's is that where the culdeac is beyond the trees? >> That's right. >> And the lawn is that the lawn area in front of the uh retaining wall. What's in front of the retaining? Is that just lawn?
>> The retaining wall. >> Crush stone like like pebbles. >> Oh, is it your driveway? >> No, no, no. The driveway is like on this side. >> It's just a crushed. It's like a play area. Wait. No, that right right where you're looking. No, right where you're pointing
right now. That What is that? Yeah. What's that? >> That's the turf area. >> That's the turf area. And that's not where the basketball court is. >> Well, this whole thing is turf. >> Okay. >> Flat. Again, I play baseball. The dimensions between that corner
and the opposite corner are 127 and change. That's the home to second base throw. That's the biggest measure throw in baseball when they're teenagers. I mean, that's where that dimension came from. Okay. So, >> all right. In the last picture, Irene,
on the bottom far right >> with the gates. >> So, what is this? Is this showing me the access to your neighbor's property? >> No, that's the gate to get in through the front. >> And what's that? A retaining wall behind it. >> You can you Where is this picture taken from? Is it
from your property or the neighbor's property? >> This from my property. Is that >> So is that behind the co the basketball court? >> No, the basketball hoop would be right there
>> on that side. Yeah. Right. So this is to the side. >> So So that's the gate you were talking about that they could if they drop the basketball on the other side of the fence, they can go through that fence, that gate to get the basketball from your neighbor's property. >> That's not the gate. That's not the gate. I'm looking for a picture if I have a picture.
>> Worse than a booger, you know. I don't want to even say that this is a site visit type of thing. >> This is this is a picture of the gate. >> Believe me, this is a very complicated application. >> I I don't disagree. >> Great. This is good. This is this is really good. >> Oh, yeah. We should This is really good.
Yeah. >> That one number show that to the rest of us. >> Okay. >> And the house is how far back? >> Yeah. >> Far away. That's not the problem. If we if we have to if we have to handle the stipulation where at some point
>> um maybe the folks that are super friendly at six Birkshshire court, you know, somebody less than friendly to us moves in if we could rip that out and then I'm happy to sign something that says if we ever get folks that hate the
fact that we walk back there to get a basketball, we'll rip that thing right out and do the do the portable one if we have to. Then I don't know about >> maybe since you're an engineer maybe construct a net >> if you let me construct a net I'm happy to put some >> that would be a yeah
>> that creates another variance another situation >> but don't let me >> no quests solved >> all right >> did Jean look at that look at Jean want to see >> let's let's guys let's keep going and asking questions and we can go back and ask more questions
>> uh two more two more questions also regarding the portable thing. I' I'd love for it if it didn't actually sit on the turf. Like the more stuff we have on the turf, the more real estate we take from their
play area. I recognize I recognize what you're saying, but I mean if if there's any way that we can keep that one >> partially because our problem is you literally put the basketball net like two feet away from your neighbor because
of your concern. You want to keep stuff off the turf. You wanted to put an 8ground trampoline. You have a baseball like size piece of thing. It's all about you, which I appreciate. This is your house. We have to think about the community at large and what our ordinances say. And you haven't really
said anything about that. What you keep saying is like when we make a suggestion, you tell us why you can't do it. >> Right. >> I'm not I hope that's not how it's coming across. I'm not I'm saying that >> we've thought about this. I wouldn't have gone through the variance if I
didn't feel that this was the only feasible place. I did go further and say that the neighbor every neighbor doesn't have an issue with this. That's the purpose of the >> But we don't know that. We don't know
that. You're verbally telling us, but we if they were all lined up in this place, then that would be a different story. Even if they were, we look at the whole thing down the road because they can all leave and then the next person's going to have a problem with it, >> right? >> So, we look at the land and what is approved for the land.
>> And then people are going to come before us with other variance requests and say, "Well, the neighbors agree to this. I don't care that Homedale has a var has rules and ordinances. All my neighbors say it's okay." And that's my concern is we let this one we have to be able to
justify why this one is so special. Okay, let's keep let let John ask a couple more questions. >> You guys have something? Okay, we'll take a break. John, hold on one second. Let's see what they can add in there. Go ahead. >> Oh, sure. Um, so I wanted to ask and I build off of what you were saying. Uh,
ma'am, what do you think the uh uh the intent behind the setback restrictions are for sports courts? You know, the setbacks from the side property lines, the setback from the front property line. What do you think the intention of that ordinance requirement is?
>> Sure. So, interestingly, because I think I referenced it earlier where I didn't want to lecture you guys on what ordinances are for, right? Um I feel typically rules are set up for the for the toughest scenario, right?
where hey, there is a house that's right on a property line, then you're not going to want to it's not okay to stick a basketball court where it's going to hit somebody's house or go through somebody's window, right? This house is
far away. It's far away. like this piece of property. It's got it's it's it's got um pipes to handle flooding that comes into that area. It's basically like a waste
runoff area anyway. Nobody goes down there. There's not lounge chairs that people hang out in this particular area where a basketball might occasionally bounce into. And again, all my neighbors have my cell phone number in case
anybody's got any issues with me. They know how to find me. We're I know it's all hearsay, but we're all friendly with each other. I I don't expect that the next neighbor, if anybody does live at six Birkshshire before we leave or
whomever is if they do have an issue, it's it's not like we're not going to be able to sort through it. But and to answer your question, ordinances are, hey, this handles almost every instance and there's a variance for when we got a
little bit more rope to work with, right? The house is not right next to the property line. It's a area that the that and again, I even talked to Frank about what he's going to do because he's considering a pool and he's going to put it in his backyard that it has no impact
to this, right? It's far away. There's nothing that is going to be developed in the front of the and recognizing Frank >> if he did that it affects things because then your kids are going into the pool area and there's a different whole ballpark there. So, let's not even get
to that part. >> I'm not explaining that. I'm not explaining >> and I know that only because I'm doing a pool now. >> Let me tell you, >> I don't I don't want to cut you off if you have more to say, but I I have a follow-up question. Um, it
In terms of the front yard setback, I you've talked a lot about the sideyard setback to your adjacent neighbor, but also, you know, you're 10 feet the sports court is being proposed 10 feet away from Bergkshire Court itself. >> It's not 10 feet.
Defense is defense is 22 feet away. >> Okay. I think that we had in our letters >> Oh, that I just I'm going by this sketch >> that was approved. It doesn't actually go quite this far. It goes to like here. Okay. >> The the basketball net's behind this front face down here,
>> right? But >> eight feet away from that curve, >> but the court this this whole sports court area is less than 100 ft from the Birkshire Court property line, which is the requirement 100 foot setback. So the
>> thing that we're looking at has been approved. It's been inspected. >> It's skip you want to skip over other people, >> right? Yeah, >> I understand. And lights up. >> I understand. >> Go ahead.
>> Yep. >> And as far as the lights that I selected, the flood light piece when I did a when I did a search, this is the first picture that I took of what when I did a search for recreational lights. So, I I know that there's other kinds of recreational lights, but this looks like
it angles down, and this is what mine do. So when I did a search, the lights that came up for me were recreation lights. And again, if this is is if they could be angled down even further if
needed, right? I'm I'm hoping we don't have to go there considering the calculation if it checks out. But if if we need to angle angle them down even further, they can be angled down further where nobody sees any direct light. >> All right. >> No, I'm hoping we're >> listening.
It's getting to be 8:30. I want to go through the board, get everybody to ask one or two questions. I want to open it up to the public, hear what they got to say, and then we can have round two. All right? Because I'm still We want to hear what Craig looked at that lighting thing. So, we'll wait for that a little later. Okay. Vinnie, you have any
questions? >> I think a lot of it was addressed already. Uh, I'm good. >> Okay. Jason, you >> I got my background. >> Lori, >> I I think I asked my question. Fran, >> I'm I'm concerned about the lights. And to tell you the truth, um, you talk
about your little kids, you know, not playing after dark, but you seem to be a very sports-minded individual. This board can't tell you that you can't have your neighbors over to play basketball yet. Basketball hoop comes up and down. And I am concerned. And ordinances are
in place. You say all your neighbors uh have no problem with it. All it takes is one house to be sold there. and they have a problem with it. That's what ordinance are here for is to protect neighbors. We shouldn't be you shouldn't be negotiating with your neighborhood to
be able to do something. Um these lights to me I I drove past your house. Really? They're serious stuff there. I mean I don't know for little kids whether you need all that much light. What possessed you when you have small kids now to put
in a set of lights like that? I think one of you know and that's my opinion. I'm not professional, but I don't know why one or two lights wouldn't be good enough for little kids that want to do a basketball hoop. I mean, you're making that yard look like it's a recreation area, not somebody's backyard for little
kids, first grade and under. And like I said, with this town's not going to police your house to make sure you don't have even your neighbor at Birkshar Court who likes to play basketball might want to come over with his friends and play basketball. And that's what the town, I think, is concerned about. We
can't police your house. We have to just put ordinances to protect what we're here for. >> All right. You don't have to respond if you don't want to. That's just her comment. >> If if we were to angle those lights down
to whatever degree is acceptable, they would be fully in compliance with the recreational light ordinance. fully. They the lights don't need a variance. >> You're doing other things. And in
conjunction with that, >> the light part I'm trying I I don't know why it's coming off in the wrong way. I have three kids. I'm tired when they go to sleep. I'm not going to be out there with my buddies shooting hoops at 11:5 or or
10:55 p.m. I promise you. So, it's for my kids. >> Okay, let's take a pause from the board. >> I want to open it up, >> Mr. Chairman, if I may, about the the
calculations you prepared. >> Hold off. I want you to hold off. I want to open it up to the public because they've been sitting out there patiently and I want to hear what they have to say. So, the way it's going to work is I'm going to allow each of you to come up. Whoever wants to come up and speak, come to this mic. You're going to give
us your name and address and and then you can >> question now. >> Yeah, we'll do questions. But I think in this type of situation, we can do both. >> Okay. So you can ask a question of the applicant about his testimony or if you want normally we have comments at the
end of our uh uh process but in this case since there's only three people we'll have comments or questions. So you can come and ask a question and then you can ask and say a comment of of whatever you're saying. >> What you got be sworn if they make >> Yeah. They will get sworn when they come
up. So who wants to go first? Come on up sir. You raised your hand first. >> So state your name and then we're going to swear you in two at the same time. >> Sure. Thank you. David from seven Birkshshire Court. >> What's your name? >> What address? >> Seven.
>> What's your last name? >> Kaiser. >> You got it. >> Can you spell that for us? >> Sure. K A I S E R M. >> Thank you. >> You swear to tell the truth or nothing but the truth to help you out. >> Yes. Thank you. >> Okay. >> Sure. So um I actually I live at 7
Birkshire Court. We don't have a problem with the basketball court. Doesn't affect me because we're uphill. However, uh I know we we've been talking about six Birkshshire court, but seven Birkshshire court, the lights are aimed directly at our house. Um so we are concerned about that. And when we signed
the petition, my father did state that he was in agreement with the basketball court, but he had reservations with the lighting. Um and so we are concerned that they're aimed at us. um 16 uh 12 lights at 600 lumens are quite quite large. Um when I used to play
basketball at the same house up on the hill set back far enough, don't worry. Um I play with a 60 watt bulb on the driveway and I I missed the hoop all the time and I had a good time. Um >> Sarah, are you stating that the lights from his house is reaching your house?
>> Yeah. Well, they're aimed at them. >> So does it is it at night when you're trying to sleep? Is it shining through your windows? >> Uh at night, but they're currently aimed uh I just sent an email uh toina >> uh just now. I don't know if you want to pull up you actually see the whole entire property. You can actually show
up to the board if you want. Can we do that? >> Um I just I just sent it 20 minutes ago. Pause for one second. Sure. Let's pull it up then. >> Okay. Continue while she's pulling it up. >> Sure. Thank you. Um so even if you want to have lights, I mean we are okay. I
mean, I want we want to support his family. We want to support his children. Uh we don't really know him, but we would like to get to know him, and we really really appreciate all that he's doing. However, uh we were curious if you can put up some cut off lights or house side shields to prevent it from spilling over. >> Shadow box.
>> Shadow boxes. Yeah. Uh specifically to prevent it from spilling over uh because it's aimed right at us. And we're up on the hill. From every single window, you can see the lights. Uh there are no trees obstructing the view. Um, and the answer my dad said was,
"I'll just close the blinds, all of them." I said, "Why do you got to live like that? Uh, you should be able to have your blinds open at night time." >> I said, "Kaisman, this is the picture. Just >> Yes. >> She can't put it up." So, >> I said, "Jen, you is passing around. >> Just so you can see it." Also, >> I have I have the picture.
>> Yeah, I know. We saw your We have yours. >> They've not been on yet because >> No, no, let him let him finish. You can you can respond when he's finished. >> That's That's the view from our house. That's not the side view. That's actually from our front porch. That's what they look like from our front porch. >> Okay. >> Um, so they are aimed at our front
porch. So, >> we would support the application if they were turned at a shadow box >> and zero light spillage according to the ordinance because you're supposed to have um zero light spillage as well. Uh, that's all we're really asking for. So, that quote according to the ordinance,
no lights trespass across property lines. Um, and I think the shadow box would be a good uh value. So Marty, that that could be a condition. >> We can put whatever conditions we want >> uh just to prevent that. Um and also obviously we talked earlier about it setting precedent
>> uh for future homeowners as well, not even just on Burkshire Court, but throughout the entire town if anybody wants to put them up. >> So in summary, we do in fact support uh what he wants to do for his children. We we want his children to be happy. Um, but like my dad said to him, uh, we are
against the lights specifically as they're currently set up. Um, and so basically 7200 lumens is a lot. Uh, actually no, I'm sorry. Yeah, 7200 lumens is a lot. Um, I did it based on foot candles equals total lumens divided
by area uh in square feet. Um, slightly different calculation. Um, and so the last thing, um, is we just want them happy. We don't want everybody happy. Wait, we just don't want the lights aimed at our house. U, we actually moved from Staten Island in
19 1980s to get away from lights. >> Um, honestly, and uh, our other neighbor who moved out actually came from Jersey City area. He's not there anymore. And he left there have no lights. So, when I used to play basketball, I had to have a
65 watt bulb >> in the in the 80s when I used to play basketball. And that was my compromise to my neighbor. I said, I'm going to be playing all night long, but I got a 65 75 watt bulb and that's it. Uh, he left. He moved. He's a great guy. I can tell you he is still a great man to this day,
but I just wanted us to not have that issue as well. Although we are up and above, that picture was taken from up and above at our porch, which is first level. ambassador. It's actually you can see it very clearly aimed. So whereas we have no beef with Mr. Jenkins at all. We
don't want to have neighbor neighborhoodies. I don't want that. We moved out of Staten Island to get away from people like that. We've been very good here and the neighbors have been very good. We want to maintain that. It's just a lighting issue for us. Just box it out and redirect to the right and
whatever you guys got to do with the other stuff, which I don't know what you're talking about. That's all professionals. Uh we don't really care about that stuff. I just not at our house. It's all masking. Very simple. >> So, to be clear, you're the neighbor where the basketball would go into your property. Okay. >> That's number six. Seven across the street.
>> Number seven. So, Craig or or uh Marty, my question is the the variance that we're deciding on tonight. >> Is it a light variance or is it purely where the best will the setback? >> Okay. So, what we're So, if we want a a shadow box, does that pertain to the
variance that we're approving? >> No, it could be a special condition. So, so to you had kind of you had brought it up before when the question was raised about the lights based on your testimony and we'll let Craig confirm but it seems like your lights
are conforming. However, because you need another variance, the board if they they could impose conditions, right, if you will, uh, to grant those other variances, and one of them could be >> I don't want to upset the people at seven Birkshshire, right? If we got to aim them down,
>> shadow box shadow box. >> These lights have never been on. >> Yeah, I I said that. >> Yeah. I I don't know if it's I don't know if a shadow box is the the be if we could agree that there will be no direct light into any >> Well, Mr. Jenkins, make it easy. Would
you if the board were willing to approve your application with conditions, would you agree to put what they call a shadow box on those lights >> or or get new light fixtures? >> That's that's what they're going to be asking you. I'm pretty sure >> if we could find a way just I'm trying
to be cost conscious here like these these lights aren't like $2 each I'm not saying the lights the sh could you install you're an engineer I I can put something you know what let's let's not get into the lights right now >> we just Okay so thank you very much
>> I want to thank the board also Mr. Jenkins we do respect you there's no there's no ill will here we just don't want bright lights it's very simple Understood. Completely understood. Thank you for sharing. >> Very very good. >> Okay. >> Thank you. >> Sir, you're in the back. You want to come up?
>> You're the Yeah, you you were one. Raise your hand next. >> What do you mean? >> Andy, you swear to tell the truth or nothing but the truth here. >> Sure. Yeah. >> And your first and last name and where you live? >> It's Michael. My first name is Michael. My last name is Cork. Q U I R K. And I live at 10 Long Drive.
>> And whereabouts is that? >> 10 Long Drive is on the other side >> relative to him. Whereabouts is that? Can you describe? >> We're adjacent neighbors. So my backyard and his backyard are on a same property now. >> So are you the neighbor that the basketball will go into the yard? >> No. >> No, you're okay.
>> That person's not here. >> So I just came out to support Mike and support his improvement. Uh we don't feel there's a negative impact of certainly the basketball hoop and um you know we support the application and you know encourage acceptance. So you no
lights will shine in your backyard and you won't have any basketballs going in your backyard. >> We have no issue with the installation. No. >> Okay. Just spell your last name again. I missed it. >> Oh yeah. Q U I R K. >> Thank you. >> Thank you. Appreciate it.
>> You're next. >> So you want to tell the whole truth, not the truth. So I hope you got it. >> Yes. >> So it's Joe Romano 64 Telegraph. Um, I've spent a lot of time with uh at Mike Jenkins property. Some of you might know he and I ran together for the township committee in 2020. So, we've been
friends for a long time and I've seen this property develop and I have some thoughts on some of the comments from Gan and John just because I'm very familiar with it and I wanted to comment on my thoughts and supplement some of the things Micah said in relation to it. I do agree with him that the location of
the basketball hoop is actually the safest when you have little children. uh mainly because the structure behind is a playground and the way that all of our kids age and it's not just us but many friends use the Jenkins property right now to kick balls around and our kids are all friends. We wouldn't want to
have a basketball hoop and small children playing on a playground right now and have basketballs flying into a playground. On the other side of it, there's a dip and central air units. So, you couldn't put a portable basketball hoop there because there's a there's a danger a falling danger for the
children. You couldn't put it at the far end because balls would be going in the street. So the layout of the property, it is actually, in my opinion, also the best layout in the property. And I'm very opposed, Gan, to the portable basketball loops. Anyone who knows my daughter Mia, she pulled on one of those
last year and it fell on top of her and needed, you know, seven stitches on her eye and has a scar now from that water filled hoop falling under it. So I don't think that that's a great solution. I had one of those in my driveway and it led to an accident with her. So, I'm I'm very opposed to those and I will not
have them in my home anymore. So, I do agree with Mike that the location of the basketball hoop is is the safest for kids right now. He could remove the the playground at some point, but I think with all the kids, you know, I think his daughter is two right now, three >> three a year behind mine. So, with small
kids, I don't think putting a hoop in front of that is is ideal. Um, you know, in relation I get what you guys are saying about the balls flying into the neighbor's yard. I do get that. You know, I live on 64 Telegraph. It's flat. My neighbors kids play soccer. I've constantly got soccer balls on my
property. I get what you're saying about the neighbors, but there's always stuff on my yard. It's just conducive of where I live. So, I acknowledge the concern that you guys have with it, but I think it's a minor concern. It's something I deal with. It's something anyone who lives in an area with little children, we've all got baseballs, golf, I don't
know where the golf balls are coming from, but golf balls and soccer balls. I find all sorts of stuff in there. Um, so I get that. I acknowledge that that is a concern, but I think it is in the safest location if you visited the property. The last thing I want to say is what
Mike has built is tremendous for the community that he lives in. I think it is really gone far and above in terms of elevating property value. If you go there and you look and you inspect it, it is absolutely beautiful. I also played baseball uh through college and I
appreciate the exact dimensions he did. You could tell Mike was both an engineer in the Navy because he's probably took too many shots to the head with the amount of thought he's put into this, but it is it is an incredible uh place for all of the families that go there and use it. Um, nobody plays tennis. I
mean, our kids kick balls around and we play botchi and our kids play baseball and whiffle ball. But, um, I do think that it's it's a great thing and nothing like this exists in any of the homes around it. like it really has gone a far. I think it's done a benefit to all of the neighbors in terms of elevating
property values there. It's it's unique. I I see very few things like this anywhere in Pal. I mean, he's really built something very beautiful. Uh you know, the last thing in relation to the lights, I haven't seen the lights on. Um they produce I've seen them on once. I
think he's turned them on once and it was during the day, so I can't comment on what it looks like at night, but the lighting itself is is actually fairly minimal. They're very I don't know. They're I don't know. I'm not an electrician, but they're very low voltage lights. I understand why he puts so many because it's a wide space. Like
I get what the other gentleman was saying like I grew up in Payic in the 80s. I also played under a 40 watt light bulb, but that's not ideal. You know, these times are better and these LED lights are better. I understand if there needs to be a condition there. But again, the lighting plays into what is
really a tremendous place for children to play at. And I was very happy to sign the petition that he put together. I know it's not going to be considered, but I did sign it because I'm very familiar with the property and I I think he's done a great job with the community. So, >> I appreciate your testimony. Thank you.
>> Okay. So, uh we got >> I think Well, Craig wanted to speak. >> Yeah, I'm gonna I'm gonna say that. >> Okay. >> So, now it'll be Craig to talk about the light. >> We'll close the public. >> Well, I could leave it open. >> Okay. All right. >> Let's leave the public open in case we won't follow. So, go ahead, Craig. It's
your shot now. >> Okay. So, federal. >> Um, listening to your testimony and and of the the residents, I I see this as there's two issues. The the setbacks for the sport court um and um if the grant if the board were
wish to grant you know those that variance that so be it. Um the lighting is the other issue and um when looking at the ordinance I h I I kind of struggled with this on on how to really
talk about it. Um and the reason being is is I'm not a lighting expert. We do have lighting experts in the office and I did talk to him a little bit about it. Um, and generally when we look at a lighting plan, it's prepared by either another
engineer or professional that has like literally a point cloud. I think a lot of the board members have seen those before where it's basically points all on a map tell me what the foot candles are at different relationship to the lights in certain
usually it's a grid pattern. And what that usually usually the ordinance has requirements where at the property line we're allowed one foot candle or zero foot candles. Now, interestingly enough, um I don't know if you could bring that
up to section 30-169 3069. So 30-6 of the ordinance talks about light lighting. Now um 3069C talks about the residential private
recreation lighting or above ground illumination. Now if you went to the next section which doesn't relate to residential it says there needs to be x amount of foot candles at the property line. So this section that relates to residential does not. So that's what I
was trying to struggle with is you know I'm an engineer. We I like to see numbers at this point. It's it needs to be this. It is this. And what I could come up with was the statement that I made earlier where it says
um at the surface to be illuminated, which means you have your sports court, you could have up to 20 foot candles at the sports court edge and then once you get beyond it, you're you can't have any lighting. I know that's it's it's not
practical. So that's why I'm trying to figure out how to best to kind of go through this. Now when I talked to my lighting expert, they said, you know, generally you don't have you you unless you have some sort of shield, you don't have a cut off. So light as it, you know, um gets more
distance away from the light, it it peters off >> or or lessens. And again, I'm not a lighting expert, so you had that statement in here and I don't know that. I don't know that. So I would have >> that's how light works. The intensity of light reduces at the inverse square of
the distance. >> I'm not saying that's not true. I I don't know the answer to that. So I would go to my light expert to ask that question. So that being said, um even your calculation here and this this is kind of like a line of sight calculation
uh as it relates to where your house is to the neighboring house. But I don't think you really have looked at at the property line which is where I think we need to look at in terms of the ordinance and if the board were to grant
something uh relief from that requirement at the property lines. So, um when I did speak with my lighting expert, he actually had he said it was like $50. It's it's something literally the size of your phone. It's like a
light meter where you could take light readings at specific locations. So, um this is where I think um if there could be a discussion maybe with the board is if you were able to get a light meter and provide the light foot candles
at the property line, what would that be? Would that be zero based on the way I am interpreting the ordinance or would it be some other number probably less than 20 foot candles that the board may be willing to discuss with you and then
you provide maybe if you get um a lighting meter and provide what the foot candles are at the property line. That would be my suggestion or recommendation to the board. >> So just so I understand your suggestion is to get a lighting meter. Do I need the beep space?
>> Yeah. >> Your suggestion is to get a lighting meter. >> It's not on. >> And as long as it's less than 20 foot candles at the property line. >> Well, no. The way I'm interpreting it should be zero at the property line. >> It's It's not going to be zero at the line. >> And I understand that. That's practice.
>> Unless we >> we can aim the lights straight down >> and then >> it and then I understand it's it's not helping you at all. >> Well, no. It it's it it would if that's all we can do here. If they have to be a
a aimed straight down, I'm fighting for as much not down without impacting our neighbors negatively. Again, I said it in my statement. These lights aren't ready for prime time. They've not been on. I tested them
one time. Right. Um, so they're they're not they're in they're hooked up, but they're not on. So if we have to agree on a configuration that makes sense for everybody, let's go. Like that's fine.
If they have to be aimed straight down to make sure that the lumens like there, that's the shadow box, right? I think it's it I think it doesn't have to be quite straight down because if we do even another 30 degrees then
you know there the beam angle is 120 degrees right if you look at this is 180 so if we're going like this we're already compressing it so if we have to compress it I'm I'm fighting for as much degree up as we possibly can that's acceptable right but if I could if they
have to be straight down I think one of the reports says They can be tilted straight down. So if we have to go there, I will happily take it. Right. I will happily take it. >> Mr. Jensen Jenkins, if you came to if
you came from the beginning and said, "I'm doing a sports court." Some engineer that we have or you would have had would have told you to use shadow boxes and make them face in towards your property, not out of your property. Now, I'm not telling you to take and remount all your lights, but that would solve
all the issues because now the the only light would be going against your house. >> I think that would only solve the lighting issue. >> Yeah. Well, that's the lighting issue, but we haven't even talked about the actual variance, what it is, and that's, you know, the sports court location and what's going to happen with that. So,
we're we're we're kind of focusing on something that's not really what you're here for. You're here for the sports court. Um, so >> I'm fighting obviously for the basketball hoop. I I hope that I hope that we can >> Well, the whole court, right? It's the whole court. >> The whole court is it set back, right?
>> The whole court The court has been approved. So I >> It was approved as a sports, not as a sports court. >> Now it's a sports court. >> Yeah. Miss Tran, do you want to just comment on that about the the court
being approved by the zoning? I mean it the fence and the retaining wall and the regrading and the turf were approved by zoning permit. Uh I don't see anything there stating that it was a sports court
of any kind. Um I also would note in relation to lighting the section that um Mr. Herman mentioned 30-69C. Number two, uh requires that all lighting fixtures for this type of use,
private recreation, shall be designed and located so that the direct source of light is not visible from any adjoining residential property or street. So, if it doesn't comply with that, that also needs to be um something that the board grants approval for. uh because uh and
and we asked in our letter for a compliance statement because we were unable to determine if it complied or did not comply. So if we're hearing that it does not comply because, you know, he's saying that the lights would light up the property line, then um I think he
needs a an additional relief from that requirement. >> So this is adding a little bit more to tonight's complexity. You know, I'm just making a suggestion here. Um, I I think there's like three points that I would like to get extend this to another meeting. Uh, one would be getting a
lighting specialist to kind of concur with you and you, Mr. Jenkins. Number two, I would love to hear the testimony of the neighbor that the basketball would be going into their yard. I'd love to have them here for the next visit. And lastly is a is if the board's okay and again Demetri Marty you comment on
this is having a board site because it's very complicated to see where all these things are in relation to the the front the street the backyard this neighbor that neighbor so I would request a board site visit if possible Marty and Demetri Mr. German. >> Well, we can talk about that and that's
a good suggestion. >> I'll just say though, you can't force sixure to come here. >> He was noticed. He didn't show up. >> Well, if he if he asked him, he would ask. >> Yeah. But even but even if he came and he said, "I love the idea. It's wonderful." Then that's one person. If he sells his house tomorrow, then what happens?
>> So, we can't use that as a reason to say yes or no. >> Right. >> Understood. >> I agree. >> So, does it does it matter if you hear from Six Birkshshire or not? >> It sounds like it doesn't. It doesn't matter because we go by the land, not by the individuals because that can all change. I I think
I although I I'd love for this to I'd love for us to high five right now and go if you guys did a site visit and you looked at where that basketball hoop is and you will you will see for yourself
nobody's going to be down there ever and nobody's >> I think that would be helpful. >> We also have to figure out what we're going to do with the setbacks now. How how much is the court into the setback area? We didn't even talk about any of this. >> If you make what was previously
approved? >> Yeah, but that's over now. >> That's like almost void because you made it into a sports court. So now we got to look at the regulations of a sports court. How far does it have to be from the property lines >> from the front yard? So from Birkshire Court, it has to be 100 ft because it
should be double the setback structure. >> Where is this thing? The court is he's saying it's 22 feet. >> The fence. >> The fence. So that's about where this court. >> So you're saying we need 150 ft and he's at >> 100 >> 100 feet and he's at 20 feet. >> That's right.
>> Okay. And the sides. >> The sides the requirement is 25 ft for accessory structures in the R40 zone. So that relates to the hoop itself. And then the um and that's 2 and 1/2 ft from the side property line.
So the issue is the front basically 80 feet. >> Well, both the front and the side and the side. >> And the side. >> Yeah. >> How what is the variance for the side? I'm sorry. Repeat that. >> The side the fence is zero feet from the side and then the hoop according to the files that we have was 2 and 1/2 ft.
>> And it should be how many how many should it be? >> 25. >> So there's a 23 foot variance he's requesting. >> Yeah. Although I did hear testimony that maybe the hoop is six feet away or or I I was a little confused. The base of the hoop is 2 and 1/2 ft I think from the
fence or the property line. The fence is a half a foot away from the property line. So, but then the backboard where the hoops mounted comes out another four feet from where the post is, right? Does that make sense? >> The structure is the structure.
>> The structure where it comes in is 2 and 1/2 ft away. But the thing >> and it has to be 25t away >> and that has to be 25t. That's like a huge variance for us. >> No. No. >> I I guess I guess the worst case scenario is we unsports court this rip
the lights and and the >> We hate to tell you to do that. So, we're trying to figure out what the heck >> recognizing. I appreciate >> I think what we're going to have to do is take your suggestion because even though the lighting isn't a variance, it is a concern of neighbors and and some of the board members.
>> Well, it is a variance if his neighbor can see it directly. >> Right. According to it won't it won't the neighbor will not see it directly. We need to write that down and commit. >> No no no but if we get a lighting specialist Craig work with you on Mr. Herman sorry Mr. Herman uh could work with you on a lighting specialist and
then that he can work with you on a shadow boxes as well. We have a professional doing this and then I think what Dimmitri is suggesting is we do the board does see a site visit. I think you were agreeable to that so that we can understand what you're trying to describe to us because like I always try to piece together those six pictures of exactly where everything was and I I
still don't have a complete understanding of where everything is. >> Go ahead. >> We just heard testim from the planner about an ordinance about light that said that the source of the light shouldn't be seen by neighbors. We just saw a
picture here that he can see the source of the light. >> These picture these lights aren't set up to go yet. they've been installed. That's all I shared. >> But it says source of the light. It doesn't say the illumination. It says the source of the light. So if I'm looking at that picture, that's the
source of the light to me. >> So you'd have to change in order to meet the uh the >> to not require a variance. >> Not require a variance for your light. You'd have to make it so that he can't see the source of the light
>> from face them all straight down >> or whatever whatever. some point he's going to start to see the light, right? At some point we >> But he doesn't see the source of the light coming at him. >> I I think there needs to be a clarification and uh the way I'm
interpreting the source of the light is the actual fixture. >> Can they see the fixture? >> That's what there's a fixture that's got to be hidden. >> That's that's the way I'm interpreting the the ordinance. And unless um
>> this board approves variances when we feel it's appropriate to not interfere with a neighbor or it's for the benefit or not doesn't have negative impacts. But I've got somebody in the audience that just said he can he took a picture. He can see your lights. Granted you
haven't lit them up. >> He can see the fixture. Not the light. It didn't >> No. No. He can see the light. >> Well, the fixture the front his front porch. figured yet. They've not been on. >> He sees the fixtures from the >> He sees the fixture. He doesn't see the light. That's what his testimony.
>> No, wait. No, that's not true. >> If you look at that picture, you can see where the light would be coming from. >> Can we Can we clarify? >> Not the back of the light. You can see the front of it. >> See light shining into your
>> I'll shed some light on the topic. um trying to get some levity here. Thank you. I I'm a dad of four, so I have dad jokes. Um so to answer the question to support him, but also support the board, I'm going to be right in the middle on this one. Um I don't care if I see the light, the fixture, the physical item
itself, although I'm disagreeing with the plan, although I want to support him at the same time. What I am disagreeing with is I don't want to see light. We don't want to see light in all of our windows, which if they're currently aimed, you got to be a rock. You can't be a rocket scientist. It's not to see. It's going to aim right in my house. I
don't want to see lights aimed in my house. If they aim at six, I don't care. No offense to six, but there's not number seven. >> Yeah. >> Um to the point of and even if I leave, my parents leave, it's like the board said maybe the next guy doesn't want to see it. And maybe he doesn't want to
fight. I don't want to fight. I like Mr. Jenkins. I got no beef with him. Not at all. Zero. >> But I do have beef where I don't want to have to close my blinds. >> So all I'm asking is very simple. I just don't want the lights coming in my window. >> Right. So, but logically, if you take a flashlight and aim it at someone's window, it's going to go in. Currently,
they're aimed at my window. You take the flashlight, you aim it the other way, and they won't be in my window. >> Right. >> We understand. >> That's I'm making it very simple. >> I I do unreasonable not to have this the flashlight itself visible. >> I'm not Yeah, I'm believe it or not, I'm actually not disagreeing.
>> He's talking about the lens. >> The issue here is he can see the lens. >> If I can see the lens, but wait a minute. Hold on a second. put your mic. >> The issue here has to go back to the planner. What does the ordinance say? We have to like work with what Homedale
ordinances say. We can't just say, "Okay, the neighbors are fine with it, so don't worry that he sees the fixture." So, that's what we need an interpretation of the ordinance. I'm hoping it's from you. Well, the interp any interpretations of an ordinance are by the zoning board, but I um uh but I I
interp it says in order to prevent direct or indirect glare, and I agree. I think it's the the lens of the light that, you know, if you were to glance at it and then look away, would you see the little spot in your vision? You know, because that's how you most prevent the
the glare. I'm not sure if like the casing of the fixture matters so much because you see street lamps that are nicely designed and seeing the casing of the fixture doesn't matter so much but the light source itself >> right the lens. Yeah.
So to me, what Jason suggested and what you suggested, we have to do, which means he has to set the lights up facing as low as possible and tell us that on such and such a date, I'll have them on for one hour and hopefully all of us
could drive by there at that time to not only see how the lights blur, but also understand the layout of the backyard. type so >> what >> the >> topography >> the topography of the backyard as far as all the things you described and we're trying to understand because I
understand a little bit more and I did drive by there during the day but I didn't know all these things to look for. So I saw your yard. I saw everything but I wasn't aware of what we were going to talk about today. So now that I am, I can go back. But if we go back at night, we can see the place is
probably going to be lit up enough for us to see everything that he's talking about. Plus, we can see walk up the culdeac, go towards his house, see what kind of light is bleeding after he sets it at where he says is the lowest possible angle. Because if that happens
and and we don't see it, the lights going off your property, then then that's something the board will want to consider. But if we go there and we see the lights lining up the culdesac, that's a whole different ballpark. You understand? Now, are you agreeable to
something like that? >> I will accept whatever you guys come up with. >> Whether that's as bad as ripping everything down the the I will accept. I'm I'm Sharon. I I will I'd love it for not not to go there. If we have to go to
a a max down angle on the lights, I guess that's acceptable, right? >> What I was hoping for was the first point, the lighting specialist to work with you on a shadow box as well. So, I don't know the timing, Marty, of how
much notice we have to give before >> Jason, I'm not an expert on this, but I'm pretty good with construction. I don't think you could take those lights and put a shadow box on them. >> So, that would be he would discard them. So the first step the first step would be to him tilting it down like you said
unless he physically built some kind of a wood box around them to hide them. You know that's a whole different ballpark. But we're not we're not going to design that here. That's not our job as a board to figure out how to do it. Our job is to see that we give as much justice as
we can to him and the neighbors if we can. I feel if you guys came by, saw where the gate was, saw where that basketball hoop is, looked at the next house, I don't think we'd be thinking the basketball hoop is a big deal. It's not
like rolling into somebody's front lawn where it's an eyesore. They can't even see it from their house. Um, so that said, regarding lights, I'm happy to set them up so they're flat with the understanding that if we can elevate
them as much as possible, high five. Great. Done. >> Okay. >> I'm I'm hoping we can get past what what Joe shared. Mine are running into the neighbor's yard. And again, down the lines of levity,
I mean, yeah, it's nice to have a basketball hoop, but we're going to be baseball family people, right? >> Well, then you don't even need it as high. >> Well, I again I I feel like this different sports makes better people,
too. So, >> all right. So, look, it's getting late. 9:00. We never took this long for one person. >> We We broke a record today. And I apologize for being responsible for that. >> So listen, the only thing that I that we talked about here with Jason's suggestion, are you agreeable to do this
some evening that we're going to try to figure out a date? >> I think it's important at least maybe somebody come by during the day to be like, dude, the basketball. >> I think the whole board would have to come. >> We could we we're not going to all come together, but you know, we'll we won't
even call it an official site visit. It'll just be a pass through. So, we need to pick a date >> and you're okay if the board comes on your property >> here. Just I know you don't care, but I got to say, >> yeah, for the record that we have permission to go walk on your property. >> No, no worries. >> David, are you okay? You're in the back.
If they walk on your property, >> can we go over to your house? >> I know. Are you okay? >> What's your >> Okay. All right. So, let's pick a date that you can set up your lights at the lowest possible angle without having to change anything that you already have up
there. And then somehow we're going to go there and some of us could go in the daytime if you want to look and then go back at night. That's up to you. But let's pick a date to do this. >> No, we're not doing it Saturday. >> It's going to have to be night. >> It's not official. >> It's just official driveby. Unofficial
driveby. So guys, is there a particular night that would work for you? because we got to do it like what around 8 o'clock at night or something when it gets dark. >> 6. >> Really? >> 6:30. >> Okay. So, 7 to 8 o'clock tonight. >> 7 to 8. >> Do it next Wednesday. >> Yeah. Uh how about a date? Anybody have
any particular date >> on Wednesdays and Thursdays are I'm in the city so little challenge. Maybe like 6:30. >> Okay. Wednesdays and Thursdays are >> are out. Yeah. >> Okay. Next dates. >> So Monday or Tuesday if that's works for anyone here. >> Monday, Tuesday. How's that for
everybody? I think it's okay to know whatever next week. >> Yeah, it will be October 20th and 21st. >> Have the lights when if you need them by midnight tonight. I'll make it I'll I'll make it happen. >> No. No. How about a Monday or Tuesday of
next week? >> I knew you were going to say that. >> It will be. It will be ready. >> Can Can that is Tuesday good for you guys or Monday better? What day? Either. >> Either day. So, you're good. friend, are you good with you today? >> Jean John, can
>> I ask what are we going to expect? Do you have adjusted the lights down or they're going to be put on exactly the way it is? >> You're going to say these lights need to be on at such and such a time on such and such a day between the hours of this time and that time. And >> so I think Demetri is saying October 21,
Tuesday, October 21st. Demetri, is that correct? >> Yeah. I mean, if that's the date that if anybody could make it on Monday, Jean, Tuesday or Monday? >> Tuesday. >> I know. It's good. >> Tuesday 25th. >> I prefer Monday because I have a meeting on Tuesday night. Actually, the
festival. >> All right. So, Monday the 20th. >> Do we Do we want to bust it up over a couple of nights if it's >> No, let's do one one Monday the 20th. >> We could we could if you if you want, but Monday, why don't I inconvenience you and do it a couple days? Okay. So, Monday. >> So, here it is. Monday the 20th between
7 and 8. Is that good for everybody? >> Good for me. >> That works for me. >> And if somebody wants to go during the daytime to look at it, they're welcome to do that, too. Correct. >> Whenever. >> No, but they're not going to knock on your door anything. We're going to pull up to the culdeac in the back over there. And we're going to walk out and
look around. At least that's what I'm going to do. >> Monday the 20th between 7 and 8. >> Yep. >> Monday the 20th. >> And just to clarify, you're going to light them up the way they are now. >> No. No. She's just going to tilt it as low as they possibly can be. >> And just to clarify, if you guys still
are Hey, that's not okay. I will chuck these lights and get shadow box lights if need be. >> That's okay. >> Okay. What we're going to do now is we're going to We've talked about that. We're going to pick another night to carry this. So, we're going to ask our
secretary to look when we can carry it and that we'll come back and discuss what we all just throwing it out there. Is it accept? Is it reasonable? Let's say the lights, you guys see it, you guys go basketball hoop's fine, the lights are acceptable. Is there a way to
contingent high five? And >> no, >> we have to come back and have another hearing. Fair enough. >> Unfortunately, I'd like to ask if it's okay for it. >> Okay. So, what >> I'd like to know if it's okay for the gentleman at 7 when he puts those lights
on on October 20th to come back when this is renoticed to let us know how it was for you. Did you have to close your blinds? >> Closer to my >> Yeah. No, great. Great point, Francine. Yeah. >> Yeah. I would love to hear from you that during that hour you were fine with the illumination
>> or not. >> Okay. Irene. >> Um, yeah. They're a little bit tough scheduling. Um, November I'm sorry, December 3rd. >> You're not um November 5th. We already
have two applications. >> Third. >> That's easy. >> December 3rd. >> December 3rd. >> We have him go first. >> And we'll have him go first. >> Yeah. >> Seems like everything went pretty quick anyway. Last last wasn't so late until I
went. Now we're all here. December 3rd. Without further notice, we're going to read. >> Can I just ask one one question? Absolutely. Because I want to understand when you call this a sports court, the only reason you guys are calling this a sports court is because of the basketball net. No other reason.
>> Well, there's also the tennis uh temporary, I guess, tennis net. >> The portable net wasn't a big deal, right? >> But no, I need to know the answer because it depends on the zoning ordinance. That's why >> if it wasn't a sports court then there would be a different >> rule here. I think
>> from what I understand the basketball hoop made it a sports court, right? >> But I want to hear like is that the only thing? So if there's baseball here talking a lot about baseball for baseball. >> All right. So she's got a good point, Lori. >> Is that okay?
>> I just want to know if that's okay. >> Let's wait for the answer for her to tell us. >> It's it's designed for kids. >> I want to professional tell me what the ordinance is. I'm not being rude. I just I get it for
you're good now if if it's only the basketball court. >> There's not going to be any other structures. And as far as a tennis somebody's talking about a tennis net, there's no permanent posts going in for anything like >> Yeah, but if you play tennis, it's a
tennis court. >> But I'm hearing it's measured for baseball. >> You know, we're not we're not going to play. >> So I'm hearing it's measured for baseball. So I don't want to come back or >> there's one dimension inside the court >> I guess that we're calling it inside the
area that is measured >> to accept the biggest >> baseball throw that's measured right home home to second base. Okay, >> chairman. Uh, so >> the ordinance doesn't define it so
clearly. However, I think the testimony has been clear that it is intended for sports use, whether it's baseball, it was designed for that to those dimensions, whether it's got a temporary uh tennis net or the permanent or
portable basketball hoop, it's clear that its intent is to be used for sport. >> So, it's a sports court. That's your answer. >> That's what I want everybody to understand that so we're not back here again when a different neighbor complains there's baseballs in their yard. >> Well, the biggest thing too is how do we
handle the setback situation because that's quite a bit a big number. >> So, we're already focusing on the lights. To me, that's the easiest part about it because you could even put new poles and do anything, move it away. But, how do we handle a sports court that's 100 feet 80 feet the wrong
direction? That's why they got out of control. And I understand why >> and I should have rolled you guys back. >> Everybody needs to understand if you're if this is a sports court, we have dimensions we have to figure out. >> And one of the problems you have is that
if it's just for example, was this just a grassy area? He he could be out there, you know, throwing the ball to his kids. >> Absolutely. >> And we wouldn't call it a sports court. >> I think what So Mr. Jenkins is going to show us what he wants us to see on the
site visit is that there's a necessary hardship for the property that is configured in a certain way that this is the only place to put this sports court. >> While you guys are there too, please recognize between here Michael Quirk
the the size of the trees between four and 10 for Birkshshire and 10 Long View. Those trees that are in front of that court are going to be those trees one day. >> I understand that. But guess what? Somebody else those things could die.
>> I understand. >> They can be infected by some disease by those spotted lantern flies. Who knows? So trees are only a temporary thing unfortunately. >> I got you. >> Can I just ask a question? Is the setback aggravated because he's on a
corner? >> No, I No, it's just from the street. So, it's not having to do with how his property is located. If he was straight on the street, those setbacks would still apply, >> right? Because the corner intersection
is nowhere near the the >> Yeah, because I know corner properties have a requirement of a further setback and I want to know if he's being penalized cuz he's on a corner that he needs. No, >> no, >> no, no, no. The the thing about the other side of the property because there's a chunk of land that we can't
there's a septic there. It's like we can't it it it it won't work. There's like a huge bump in the in the other side of the property, the side that's nearest Long View and Birkshshire at that corner. So, we can't you you'll see. >> Okay. I have one board one more board
member would like to ask a couple questions and we'll be done for tonight. Go ahead, John. Actually, the question I was going to ask you, uh, it'll be covered when we do the site exam because it really has to do with why you, uh, you think you can't have a portable, um, uh, basketball hoop in a different
location, but I guess we'll see that when we, uh, go on site. Um, the only other the only other question I had for you was earlier when you were describing um the the sports court itself, it sounded like you were trying to describe
um a condition, maybe a dangerous condition, you lost me when I was uh when I was trying to follow you. You made some reference to a what the movie Hellraiser or something. >> Oh, >> what were you trying to describe? Because I was trying to f I know that movie, but you lost me with what you were doing. >> Spikes coming out of his
>> pin head. Yes. >> Whatever his name is. What were you trying to describe? >> They put when I was digging the hole for >> the cement to go in. They If you go to Home Depot, they have like these half inch rebars that are this long. There's
about 30 of those that are half buried into So, so I wanted to make sure that the lump of cement that went in is grabbing the surrounding dirt in a big way. And you use rebar for that, right? So
there's about 30 pieces of rebar like pin head stuck into the ground. So the and again >> there's a lot of cement in the ground there and it's not going to move. That was the point I was trying to make.
>> Okay. But but the rebarb is not protruding up out of the ground. Right. Okay. >> Just dump cement in a hole. There's rebar that's grabbing the surrounding dirt as well. So you're saying the construction >> hammered in the rebar into the dirt
around it >> like sideways. They went sideways >> all around. So sideways this way underneath. >> And so in other words, if somebody in the town was to say, is that is that a
good structure and could we bless it if it was in the right position? >> Yeah. You're saying that it should be uh it should be a >> I don't think I don't think they worry about that. >> No, they don't. But >> that's what he was saying. >> All right, John. Is that it?
>> It's not coming now. >> I have I just want a clarification. >> John, wait. John, you done? >> Yes. Thank you. >> Okay, go ahead. No, if it's portable, the net in particular, it wasn't considered a sports court because it wasn't in the ground with concrete with
posts or was it a sports court? >> But prior to the basketball court, >> so the zoning officer didn't call it a sports court in the original approvals of the permits. At some point it was, you know, when the
basketball hoop was hoop was installed, it became a sports court. I think the testimony tonight further supported its classification as a sports court. Were where the hoop to be permanent or movable? I mean, it's intended it's
intended for sports use and it's designed to be a court surface, right? It's not just a lawn area or a driveway. It's really designed to be a court. So absent like more specifics in the ordinance which there isn't a great definition
I think the board could interp and the board is willing you know able to do interpretations. Do you consider this to be a sports court if it's just portable um you know nets and hoops. >> Yeah >> that's something that you could decide. >> Basically on what you said he he
testified that he's throwing the ball in there. So there's that's it sports right. It's supposed to be a versatile playing area for kids to play in sports and we made it as big as we possibly could afford. >> So that's it. So it's a sports court. So we have to follow the ordinance based on
that. Make a decision. >> Okay. Anything else? >> Just need motion and second to carry. >> Motion to close the meeting. >> No, to carry the application. >> Oh, I thought we did that already. No, you just said okay. Let's have a motion to carry this
application to what was the date? >> December 3rd. >> I motion to carry this application. >> To December 3rd without further notice for for Berkshire Court the variances of this setback in the property.
>> And the second >> I second it. >> Okay. Voice. >> All in favor? >> All in favor? >> Yes. >> I thank you. >> Yes. >> Okay. Okay. Can I have a motion to close the meeting? >> I'll make a motion to close the meeting. >> I'll second it. >> Okay. Thank you. Have a good night.