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[music] [music] Heat. Heat. Good evening everybody. How Town Township Zoning Board meeting for July 13, 2026. Could we have a opening statement? I hereby declare this meeting

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of the How Township Zoning Board to be open, adequate notice having been given pursuant to the New Jersey Open Public Meeting Act in the following manner. First, on December 16th, 2025, a copy of said notice was emailed to the Asbury Park Press and the Star Ledger. Second,

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on December 16th, 2025, a copy of said notice was handd delivered to the clerk of the township. Third, on December 16th, 2025, said notice was posted in the office of the zoning board and on the bulletin board in the Howell Township Municipal Building, 4567 Route 9, Howell Township,

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New Jersey. In accordance with the fire prevention code and for your safety, please be advised that this f facility is designed with two emergency exits at the front and rear of the meeting room. Furthermore, smoking is not permitted in the municipal building. Please take note that this meeting is being videotaped

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for possible future broadcast on How Township TV 47. Thank you. >> Thank you, Elisa. Could we have a roll call? >> Mr. Barillo >> present. >> Mr. Caner >> here. >> Mr. Hughes >> here. >> Mr. O'Donnell >> here.

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>> Mr. Rosco >> here. >> Mr. Ryan is excused. Miss Scottson >> here. >> Mr. Kabarakus >> here. >> Chairman Merren, >> I'm here as well. >> We have a quorum. Okay, thank you. Uh, at this time, could everybody rise for the pledge of allegiance and the brief

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moment of silence for troops and first responders? >> I pledge algiance 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

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justice for all. Thank you. >> Okay, Andy, could you swear in our professionals? >> You swear. Do you swear the testimony you give will be the truth, the whole truth, and nothing but the truth? >> I do. Names for the record. >> Charles Conliff, >> Christine Bell,

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>> professionals are scoring, Mr. Chair. >> Thank you. Uh, next order of business, approval minutes, regular meeting, February 9th, 2026. Eligible voters, Burillo, Caner, Hughes, Oasco, Ryan, Scotsson, Kavakus, and Merens. Do I have

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a motion? >> I'll make a motion to approve. >> I'll second. >> Okay. Amber Reed with the second. Uh, roll call. >> The first was Mr. Brillo. The motion. >> No, Mr. Caner. >> Mr. Caner. Okay. made the motion. I'm

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sorry. >> Mr. Brillo, >> yes. >> Mr. Caner, >> yes. >> Mr. Hughes, >> yes. >> Mr. Rosco, >> yes. >> Miss Scottson, >> yes. >> Mr. Kabarakis, >> yes. >> Chairman Martens, >> yes. >> Minutes are approved. >> Okay, I think we have a few

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correspondents, right? >> Yes. Um, first is uh Alan Kaplan, the attorney for case number BA2604, Bernard Grenet, asked to be carried to July 27th, 2026 with no further notice as his client is out of state.

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>> Okay. So, anybody for case number BA26.04 is going to be carried to July 27th, 2026 with no further notice. >> Okay. Uh Sal Alfuri, the attorney for case BA14-09A3,

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Bennett Road Associates, asked to be carried to August 10th, 2026 with no further notice as he wasn't sure the board would get to the application tonight. >> Okay. Okay. Anybody here for case number

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BA14-09 A-3 Bennett Road Associates LLC? will be carried to August 10th, 2026 with an expiration August 25th, 2026. >> Okay,

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>> Mr. Chairman, just for the record on that uh on Bennett Road, the uh agenda uh indicates this will be carried to July 27th, but that's not accurate. So, anyone here that was Mr. Aluri in his

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looking for Alfury? No, that was um >> that was Bernard Gurnie's case, right? >> No, but Alfia request is to August. >> Oh, they both said July 27th >> and and Bennett wrote on the agenda says July 27th, but it's for the record. It's

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August. >> Okay. For the record, >> just didn't want anyone to be confused about that. >> Thanks. >> Sorry to interrupt. >> No worries. >> Okay. >> Okay. >> Anything else? >> All right. Yes. Uh Sal Fury uh attorney for case BA26-08

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AAS THW Property LLC asked to be carried to August 24th 2026 with no further notice. >> Okay. Anybody in the audience for case number BA26-08 AHW

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Property LLC. This will be carried to our meeting on August 24th with no further notice. and expiration is August 24th, 2026. >> Okay. Anything else? >> No. >> Okay. Good. Okay. Next order of business

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is a resolution. Actually, we do have two of them. I got to get the new one. Case number BA25-16. Simo Hall LLC. Resolution granting a minor site plan approval and design

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waiver relief elo voters Burillo Caner Hughes O'Donnell Arasco Ryan and Merrens. Do I have a motion? >> I'll make a motion Mr. Chair. >> Mr. Hughes with the motion. >> Second by Mr. Arasco. Roll call.

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>> Mr. Barillo. >> Yes. >> Mr. Caner. >> Yes. >> Mr. Hughes. >> Yes. >> Mr. O'Donnell. >> Yes. >> Mr. Rosco? >> Yes. >> Chairman Merren? Yes, >> resolution is memorialized. >> And the other resolution for tonight is

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case number BA26-06 Van Wickle Auto Supply and corporate resolution granting a use variance approval eligible voters as Hughes O'Donnell Arasco Ryan Scottson Kabaracus

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and Merens. Do I have a motion? >> Motion to approve. >> Emory with the motion. Do I have a second? >> A second. Second by Mr. Kabarakus. Roll call. >> Mr. Hughes? >> Yes. >> Mr. O'Donnell? >> Yes. >> Mr. Orosco? >> Yes.

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>> Miss Scottson? >> Yes. >> Mr. Kabarakis? >> Yes. >> Chairman Merren? >> Yes. >> Resolution is memorialized. >> Okay. And our one and only case tonight. Okay. This time we will hear case number

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BA25-05. Jacob and Sher Eli. Both variants to construct a single family dwelling on an unimproved street. Application of Jacob and Shira Eli as applicants and owners

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seeking approval to construct a 1,978 square foot dwelling on an unimproved street along with 18x 85 roadway extension to provide access to the proposed dwelling. Additional

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improvements include concrete sidewalk, ashvault driveway, and a recharged trench on premise known as block 93-03, lot 13, Bach Boulevard with an expiration of July 31st, 2026,

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>> Mr. Pate, good to see you back. >> Thank you, Mr. Chairman, members of the board, board professionals, and public gathered. Kenneth Pape of the firm Hyelin Pape on behalf of the Eli family. This is a request to build a single family residence on a a lot that's

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approximately 33,000 square feet. It's an oversized lot in the R2 zone. However, it does not have full road improvements across the front. And for that purpose, we're going to ask the board for relief. Before I begin, it's interesting to note that in 2011, a part

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the prior property owner came before you and asked for a very similar relief and was granted the relief. The conditions that were imposed were that the applicant was required to secure D approvals, flood hazard determination and wetlands. And that property owner

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didn't. And as a result, the approval, which is now 15 years old, expired. Um, Mr. Mr. Eli, who is your applicant, did take care of the D permitting and you'll hear from Yseph Fortnite, our engineer,

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on that point. The when you read into the record, there was a I think I don't know where it came from, but the size the footprint of the building is is not the 1900. The footprint of the home is 3250 3,250 square feet.

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And you'll hear from Mr. Port. >> What's the square footage again? 3,250 >> okay >> square foot. That's the footprint. That's the the home footprint. >> Okay. >> You'll hear from the engineer who will take us through the necessary um

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description of the application the proposed road improvements and then we'll ask that Allison Coffin join us and she'll take us through the variance relief that is required the limited variance relief that's required. I'm going to begin by make I'd like to make a statement to you. I've been

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appearing all summer before zoning boards and zoning boards throughout central New Jersey are struggling to get their quorums and to sit here and see that you have eight members sitting on a hot night in July. You all have a big thank you from from me. I know that it's you're the volunteers, but this is the

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first board that I have appeared before all summer that's sitting with a full quorum. >> Thank you. >> Thank you for that opportunity. So, if I may, I'll call Mr. Ysef Portoi and we'll swear him in and we'll begin the

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>> and we'll get um Allison up to so we can get everybody sworn in the same time and then >> and as we're doing that you see see we have a court reporter. We offer the transcript. >> Okay, >> as the official transcript and I think you all know that at my age I don't remember as well. So I have a court

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reporter every year. >> We're in the same club and >> it works. >> Do you affirm the testimony you give will be the truth, the whole truth, and nothing but the truth? Yes, I do. >> Do state your names for the record. Spell your last. >> Allison Coffin. C O FF I N.

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>> Joseph Portoi. P O R T N O Y. >> The witnesses are sworn. Mr. >> Thank you, Mr. Portoi. Please take a few moments to share your education and your professional background. >> Good evening. Um, my I'm a licensed

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professional engineer in the state of New Jersey. My license is in good standing. I have a bachelor's and master's degree in civil engineering from NJIT. Been practicing in in civil engineering and land development for 13 years. Prepared appear before multiple boards

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throughout the state. I've been in Howell in front of >> Okay. You did a good job. We accept your qualifications. >> Thank you. Thank you, Mr. Chairman. Mr. Port tonight will testify as a professional engineer. Mr. Borton, I'm going to ask if you could begin by

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identifying the exhibits that you would like to um presented to the board as you take us through your testimony. We do have an IT officer here who can put them on the big screen. >> Okay. >> So, we have sent over an aerial exhibit.

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Um we had and in addition to that we have our um zoning plan set uh with a five sheet set and there was an architectural um plan a set of architectural drawings.

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>> So A17 is your your variance plan, A18 is the aerial exhibit and A14 are the architectural plans. >> Begin with A >> 18. 18. Okay, so thank you. Um, this is an

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aerial exhibit based on Google Earth imagery showing the the our subject parcel in red with the surrounding areas based on county parcel data. Um, north is up on this plan. Um, so our subject

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property is block 93.03 lot 13 26 Bach Boulevard. It's the corner of Bach Boulevard and Cooper Drive which is a paper street. Rock Boulevard is improved up till about this property. Um but then it's unimproved along the frontage.

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Um it's approximately 77 acres. It's vacant and wooded um in the R2 zone. Um the lot conforms with the required lot area and frontage though the frontage is unimproved which is why we are here

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tonight. Um adjacent uses are know single family residential to the south. Um to the to the west there's a newly constructed um house on the on um that was part of a subdivision and there's a there's

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another house that's going into construction now across the street. Snipes Creek flows to the east of the property in in the woods. You sort of see that in the aerial that that dark path. Um that's a regulated water. It's a category one water with um the

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applicant received the NJP flood hazard verification confirming the limit of the regulated area confirm the top of bank which the the repairing zone is measured from the repairing zone limit and the flood hazard area the area the flood

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zone the area subject to flooding. The entire lot is within 300 ft of the stream. So the entire lot is in is within the repairing zone. Um portions are the sites are are within the Howell Township stream car stream

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above as well associated with that stream. There are freshwater wetlands along the stream corridor which were confirmed as well by an LOI. Um the wetlands and transition areas were placed in conservation easement um

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associated with that LOI application. Um if we can go to A17 that is the the site plan set and if we can go to um sheet three of five

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there. Thank you. So this is our site plan showing um set um our our our proposed conditions plan from our variance plan. Um we're showing what we're proposing a one single family house with a twocar garage. Um with a

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footprint of 3,250 square ft. It's two and a half stories with a basement. Um single family homes are permitted use in the zone. We have a 20 foot wide driveway together with a with with a twocar garage. proposing extension of Bach Boulevard

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pavement by approximately 42 feet to line up with the dent with the driveway extension of sidewalk to driveway as well. As noted, all this is within a um repairing zone. So, we're trying to minimize um our improvements. Um that's

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why the proposed house is located in the southwestern portion of the site um as far as away from as possible while staying within our our allowable front and sideyard setbacks. Um it's conforming with all side um front yard

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setback 20 25 ft um per our minimum required. The sideyard is 20.59 where 20 ft required and rear yard is 97.21 where 30 feet is required. Um, you know, note that we do have a design waiver being that this is within the stream

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card or buffer. The ordinance requires setbacks, solid and rear setbacks to be measured from the stream card or buffer limit. Obviously, we're within the stream card or buffer due to the stream on the property. So, we're asking for a design waiver to allow the measurement

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of the setbacks from the property line. Are we conform with the height requirements? at slightly over 29 feet where 30 feet is permitted. There is no disturbance proposed within the wetlands or wetlands transition areas. Um there

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we're there's no disturbance within the actual flood hazard area, but there is disturbance proposed within the repairing zone. The applicant has received NJP flood hazard area general permit to allow for the construction repairing zone. Um there has been some

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modification to the design since the applicant received that um flood hazard G permit but it the same limit that um some modifications to footprint to the building um but we maintain the same limit disturbance amount of repairing

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zone vegetation disturbance and therefore would classify as a minor modification. Um so Yseph let me just uh jump in for a second. So, for the board's uh clarification, so there was a prior approval on this property for a single family home. Uh it was just a smaller

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footprint home, uh fewer bedrooms. As part of that application, they did get an LOI. They did get their permits for that home. Um it just looks like they never perfected the application. The as part of the wetlands LOI they got years

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ago, they were required to record the wetlands and the buffers in a conservation easement. So as now the current owner uh within the last six years they went and got a new LOI that actually showed that the wetlands were less restrictive than what was back 10

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or 12 years ago with the application you're seeing tonight because those wetlands were previously recorded as a conservation easement. They're adhering to those buffers and not disturbing it. So um you know that's why they're showing two sets of wetlands buffers and

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and lines on on on the application. Um, the last application, um, back in 2010, as far as roadway improvements, uh, I think they were approved to put in an 18 foot wide DGA extension, uh, on Bach Boulevard across

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the frontage. They're now proposing a 30- foot wide paved, uh, improvement. Um, they do need waiver. They are installing sidewalk along the north side of Block Boulevard to their driveway. Uh but that's not carried through uh the frontage or the roadway extension.

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They're also not installing curbing. So that does need a waiver as well. Um >> there's no curbing. I would recommend as far as the wetlands conservation easement like we recommend we require them to put in like a post and rail fence just so that way the site doesn't

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creep in you know this this property owner or some future property owner doesn't inadvertently go and clear wetlands trees and then get you know themselves in trouble with D. Um I don't think we need to go make them put conservation easement markers at this point. Um, the property owner could

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still go to the state house commission and try to get that conservation easement. There is a there is a legal means to go do that. It's a hard means to go do that, but it's still something that's at their disposal. At least the timber fence delineates where they're supposed to be, you know, um, allowed to use their yard without getting

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themselves into trouble. Um, they need the variance because it's not an improved roadway. They don't need any variance for impervious coverage, building coverage, building setbacks. are all adhering to that. Um it's it's just that it's not an improved roadway

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improved detachive standards. So um is >> this city water and sewer? >> There's public water and sewer. Board of Health issued a memo saying they have no issue as long as it's it's served by public water and sewer. Um if it wasn't across the frontage, then they'd have to uh install it across our frontage and

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connect into it. Um, >> is any of >> finished regular roadway? >> Uh, yes. So, basically they're the last property on the street and then it's just unimproved. I I do know that there

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was a I think a subdivision approval across the street within the last 10 years. Um, I don't know if it's showing on going the other way, John. Right. >> Gotcha. >> Yeah. So, it's got curbon sidewalk on

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both sides and then >> yeah, the last house there's a long driveway and there's house across the street there. Uh, I don't know if they were required to do that as part of their application. I think that may have existed. As you're looking here, it's it's literally where the road ends.

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They're on the right hand side there. >> So, the footprint of disturbance is is the same as what was approved back in 2010. It's just it's a larger home. Um, they do need a waiver for RSIS parking. For a sevenbedroom dwelling, they need

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four parking spaces. RSIs only allows you to account for a twocar garage and two uh driveway parking spaces. You're only get a credit for three and a half. So, they do need a waiver for that. Um, when this application was before the ward in 2010, I don't think there was

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any requirement to install a culdesac or anything at that time. Um, you know, the fire bureau obviously was forwarded the application. They didn't issue any kind of memo or recommendation. If this applicant were to have to put in a culde-sac or a hammerhead or something

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like that, it would I don't know that they would get approvals from D given all the environmental constraints there. That would be certainly a challenge. >> Yeah. Um, the couple other things. So there's an

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unfinished basement for the dwelling. So we had the question about whether there was going to be future bedrooms there because that increases the parking requirement. So if the board is inclined to act favorably, I think it should be conditioned on that there shall be no bedrooms in the basement. They do have

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um an exterior entryway to the basement. Um so we'll have to hear some testimony from the applicant on the need for an exterior entrance to the basement separate from you know the primary entrance to the dwelling. There's also, so as they stated, there's there's an unfinished basement, two stories, and

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then a half story. So it's um dormers within a long, you know, a long hallway that fits within the eaves. Uh that's less than a third of the floor plan uh footprint below. So it would still count as a as a half story. Um right now, it doesn't indicate any bedrooms. So I

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think we should restrict uh any bedrooms in there because that obviously would increase the the parking requirement um in the zone. I'll see if I have anything else. So, the last two things that I had was as

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Mr. Po alluded to. So, the FHA uh general permit plans that they provided, some of the the footprint and the driveway is a little bit different than what D approved. So, they're going to need to go back to get a modification to that permit. um their last LOI that they

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got in 2019 has expired and the I guess the applicant or the prior owner didn't get the 5-year extension within that window that they were allowed. Um I would suggest that as part of their FHA modification, they get something in writing from D that says, you know, the

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wetlands we're confirming as shown on the plan are acceptable. So that way they don't have to go again to get a third LOI on the same property, especially since the last ones are a little bit uh certainly less restrictive on what they actually recorded in a conservation easement. Um

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you know, and then I think the last thing it really just comes down to parking um you know 30 foot wide. We've got we found one more parking space. So we we can >> Is that what I'm looking at? The bottom where it cuts in, goes down, and then

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goes to the right. Is that like going to be a designated parking area? It seems like it's right on the the dead end. >> That's a porch, but we can we can widen um the driveway a little bit more to get third space in the driveway. So we can

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we can add one other park space. So where you have that walkway on the side? um on the right side over there. Yeah. So, we'll just we could wire in that driveway sort of like overlapping that walkway. Um so, it's not even adding that much even pvious just filling in that gap between sort of like the

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walkway and the driveway. So, we'll add another space to take care of that. >> Okay. But I'm talking on Bulbard at the bottom that picture you can see it goes out to the right. It looks like it's like a square little cube at the bottom.

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That's the actual connection to the existing pavement. So that's the existing pavement is 30 ft wide. So we're extending it that full width. >> Okay. >> So that that is the >> Okay. I just I was just a little mystery to me. That's all. >> Yeah. So I take no exception to the

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addition of the parking area. They're just going to have to show it on their amended plan to D for approval. Um, and then obviously they do have a drywall that's size by for I think the impervious coverage is that there. So they'll just have to modify that for that additional impervious. You know, it's not going to be double the size

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because they do have some concrete there that they're already proposing. So um, you know, it's not not a significant change, I don't think. >> Okay, Mr. Page, is that all? >> Yeah, I just want one, I want to thank Charlie for being so thorough. He was that he was equally thorough when he met

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with us last week and gave us a heads up on so our wetland delineation has been memorialized. It's been recorded and it's greater than it was when 2019. >> Okay. >> When we go back to the D for the flood

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hazard modification and the flood hazard modification, there's no physical change on the ground. We just have to identify the footprint of the house that is being proposed. But we'll simultaneously ask that they confirm that the wetlands as are shown on the plan remain acceptable to them. And I wanted to make certain

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that you're aware that when Charlie first pointed out to us that we were deficient in parking and we did not realize we're deficient in parking. We thought that we had met, but when he told us that we were, I had the opportunity to go over with Yseph who found the additional parking spot. Um

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I think that pretty much speaks >> well there was also the post and rail and then and then >> and we had talked about making certain that there was a permanent delineation in the field so that there couldn't be inadvertent going into it and a post and rail fence the design of which would be

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reviewed and approved by Charlie is an acceptable >> and what was that Charlie you mentioned a separate entrance to the basement. >> Yeah. So, I mean, um, that really comes down to what the board feels. Um, I have

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an unfinished basement in my house and I'm able to walk into the basement. Um, you know, I know question is, is that going to become a second entrance for other like uh where you could convert it to a second dwelling space or an apartment unit? That's always a valid

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question. They made the, you know, representation and they agreed a condition that the basement's not going to be converted to bedrooms. So, >> okay, that's going to be in the resolution. Okay, >> I got a question. >> How many There's seven bedrooms between the first floor and the second floor.

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How many bathrooms are going to be in this house? >> How many? >> Do you know how many? >> Three. I believe it's four. >> I think it's four and a half. >> Yeah. >> Okay, that's more than adequate. I just

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make sure it wasn't one because that wouldn't sail with me. >> Men our age are so concerned about the bathroom. [laughter] >> Yeah, it's I think it's actually five and a half. four upstairs and then one in a powder room downstairs. >> Right. And the the restriction on

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bedrooms in both the attic and and in the basement are acceptable. Our client has pointed out to me that he would like to have direct access into the basement to move materials back and forth and not have to go through the house to you to

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>> materials. What kind of materials we bring just to the basement? >> What What do you store in your basement? Well, you says specifically, you didn't say storage. You said material. >> No, not not being artful. Just what what you

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store in a basement, you know, family stuff that gets stored in a basement, be able to access the basement without going through the house, but not no other purposes. >> Mr. Pap, one more question. Did your applicant uh do a uh water uh the water

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level for the uh >> soil water >> to the ground water there? >> Yes, it was done and the basement has been set 2 feet above >> 2T above >> the season high water. >> Well, just a word of advice, don't get too fancy in that basement because if we get floods, it's going to come in your

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basement. >> Thank you. >> I had a house like that and every time we got a downpour, that water came right through the cracks in the basement. And if you're going to put a lot of expensive furniture down there, goodbye. >> Any appliances down there? Like your

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furnace, is that going to be in the basement or is that going to be in first floor? I >> think the mechanical is not in the basement. >> If it is going to be in the basement, you better raise it. >> Yeah. >> If it Well, >> just advising to raise it if if we do

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put it there, which is would be a good idea. >> Yeah. The mechanical space hasn't been designed. these these plans are for your your part. >> I'm just throwing out some suggestions so you know gonna do this and do it right. >> But the I'm I want to make it clear the

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furnace would be down in the basement and like any of the utility. >> Most likely most likely there'll be a unit there and in the attic I would imagine with this >> Mr. because that would be another reason why they would have an entrance too because

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that's a little easier bringing stuff down to have a repair or anything >> so okay >> so and Mr. I'll just add so with the separation and seasonal high water table for the basement. So if they haven't already provided that test pit to the building department, they are going to

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have to as a condition of any board approval. If for any reason uh they do a test pit and it shows a water table can't be maintained twoft separation for with what they're showing and it changes the grading of the property significantly, then I think they should have to come back to the board. They're like right up against the maximum height

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that's permitted in the zone. And we we measure um building height off the average of the four corners 5 ft off. So they're already grading up a little bit for the building. So if if there's water tables and issue, they got to go higher then, you know, it could create building height issues. >> Yeah, I I think that's that's a good

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stipulation to have in there. >> Board members, >> is there a possibility of wording of like no commercial >> um Yes. >> materials or stuff like that put into >> no business use? Yeah,

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>> I think it's a good thing to have in there. So, >> Charlie, I have a question about access to that lot that's to the north. So, will there be like a right of way

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going past this house to get to that other property that's there? How will that work? So, uh, there are properties to the I guess the north of this, uh, there are paper streets. So, if someone wanted to develop on those properties, they would be making the same application to this

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board, seeking relief from, uh, improving it fully to township standards. Um, now whether those are developable, if you look at the wetlands and the flood hazard area on this property, if those continue to the west

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uh across that rightway, you know, who knows whether or not someone could actually get a permit to to develop them. But if they were to get over be able to get over that um that burden, they would still need to come to the board for the, you know, improving on a building on an unimproved roadway. >> So,

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>> okay. Because the only access I see is that that Bach road. But I don't think that you'd be able to get back there from Addison. >> No. >> Right. >> No. >> No. And when these were created many years ago, wetlands regulations didn't exist until like the 80s. Flood hazards

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were updated in 2004. You know, before that, I I couldn't tell you. So, this the these could be plats for 56 50 or 60 years old. And uh environmental regulations aren't what they are today. So, someone drew some lines on a plan and it looked good, but they may not

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have done the due diligence on from an environmental perspective back then. >> So, >> all right. Thank you. >> I have a question. >> Yeah, go ahead. coming. Um, you mentioned in your report, I think the um, Bach is um, the rest of the street

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is curbed >> and I think your report mentioned that the applicant wasn't going to be putting with the extension of the road, there wasn't going to be any curb for you for uniformity purposes. I mean, should there be curb? >> It would certainly from a streetscape perspective, it would look more like a

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residential uh, subdivision road. Um, last time around that the prior application was here in 2010, uh, they weren't required to do so. They only had to do an 18 foot wide DJ. So, the applicant is paving at 30 foot wide. If you feel that it's something that, uh,

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would more be in keeping with what uh, the neighborhood aesthetic is, it's certainly within your right. Um, I'll let Mr. portoid talk about what implications that may or may not have from a permitting perspective because I think as you said the the I know the lot

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itself is entirely within the repairarian corridor. I don't know how much of Bach Boulevard is in the repar repairing corridor so there might be like coverage limitations. >> I think it I think it warrants Yeah. And I think it warrants that, you know, for if you could let us know that there's a

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reason why you don't have it in there that curve >> or no the our the original application which we used as a template. We're not saying that it's controlling, but we used as a template had the 18 foot wide extension and our client felt that a 30-

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foot wide extension would be more beneficial for everyone knowing that there's going to be someone who's going to be connecting to that roadway on the other side pursuant to the subdivision granted by the planning board. We did propose sidewalk on our side of the

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street to extend the sidewalk to propose to extend it to our driveway. Um the the bene I was taught that there were three purposes of a curb. One was to direct storm water. One was to keep cars from leaving the road and the other was to maintain the integrity of the edge of

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the road. The here I think the only one that's really applicable is maintaining the integrity of the edge of the road. There is an expense. It is not an extraordinary expense. If it was the pleasure of the board to stabilize the edges of the road with curb concrete curb, the applicant would agree to it.

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>> Board members. Yeah, >> I believe it should be. >> I concur with everybody. >> So, let's that could be put in there. >> Your offer then is to curb the both sides of the 30 foot rightway and to have the sidewalk on our side

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terminating at our driveway. >> Okay. >> Also, Charlie, um you mentioned something about on the what is on your report? uh section three uh letter D about the residential driveway seems to be a little bit of a

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discrepancy about base of you know >> so and I and I apologize because I did have a technical call with uh Mr. Poyo and Mr. Pap last Thursday so uh the representation that they made to me was they were going to revise the payment section to comply with the ordinance the tax ordinance is that accurate Mr. babe.

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>> Yes, sir. >> And then the the plat comments under section C, plat details about adding all the setbacks, um showing the setback lines in boulder to make it more clear, updating the pavement section to have

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the current DOT designations and then plans should be revised more clearly to depict existing and proposed tree line. So, it should be pretty simple with the the post and rail fence uh for there to be a limit of tree clearing shown with that. That's something the applicant can revise the plan.

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>> Yes, we'll revise the plans accordingly. >> And the extended roadway, I would imagine, has um a way it needs to be constructed. Correct. >> Yes. So, >> depth of base and material. >> So, the representation, Mr. Pap, is that

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the pavement section is going to comply with the township or RSIS, whatever uh governs for for pavement section for the 30 foot by 40 foot wide 44 that you're constructing. Correct. >> Yes. So, we've agreed to the standard for the driveway as requested and we agree to the standard for the roadway as

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as requested. >> And just something I I just read off of um the 2011 resolution that was, you know, never went through, but I did read something about all all leaders, this

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was part of the um resolution, all leaders on proposed dwelling are to run into dry wells. What do we what what does that mean? I that is and is that >> apply to here? >> Correct. Yeah. So, uh that's just the downspouts for the for the roof drains.

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They're supposed to tie into the drywall. So, an underground recharge system. So, they do have that shown on the plan. Um and as I noted, they're expanding the driveway to provide that additional half a space to get to what they need. >> That's going to happen. >> Correct. Yeah. So, they're going to expand the drywall. you know, might be

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another, you know, couple feet of the drywall that needs to be installed to to accommodate for that. But yeah, we we didn't include it in our review letter because they had it on the on the plan there. So, >> okay. >> I think that's like a general how building code thing, isn't it?

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>> Yeah. Anytime there's single family development in existed platted um developments, we we recommend uh drywalls. It's not a one-size fit all because water table can be high and the drywall, you know, doesn't make sense to put a pipe into 3 ft of water. It's not serving any purpose. But whenever

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there's the ability to do so, it it definitely has a positive from a stormwater perspective. >> Okay. Do you have any further unless there's any more questions? Do you have further testimony from your >> engineer? Um, my examination of Mr.

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report concludes and he is available for examination. I think we've already done that but he's available for examination and um Allison Goffin is here to speak to the waiver relief with regard to the road extension. I think we've covered that and I would defer to the board as

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to whether you need any further explanation of the the road improvement that's proposed. She's here to assist us in that regard if the board wishes to >> I I don't see why we wouldn't just have it on the record. I agree. >> Perfect. >> Alison, you don't have to get into a

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long spiel or anything, but you know, as long as we have it on the record, I think that's >> Thank you, >> Mr. Chair. Actually, I do have more questions for the engineer. >> Um, could we put up the the uh second floor on up the house, >> the inside?

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Can can we go over what is meant by suite one and suite two? Like what does that encompass? What do we what are we talking about there? >> I am the engineer. I'm not the architect. Um but

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>> is the architect here? No, we didn't not bring our to me. It just looked like that the area that could be closed off like a two bedroom. >> I mean, like when you say suite, is it like bedroom three and four that bathroom that's considered like a suite

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>> and then five and six and a bathroom are considered a suite? >> It's a curious terminology for a private dorm. I mean, I I used to joke about having a suite. I grew up a little bitty house. But >> I mean, this is

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>> Yeah, I've seen that terminology. Jack and Jill. Is that >> I think that's probably what we were looking at. I I was going to I was going to say appears to be Jack and Jill style bedrooms. >> I guess the representation is this is a single family home. There's no intent to

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operate this as multifamily or rental units or as a boarding house >> or anything like that. >> No, there's no boarding. There's this is a single family residence for a family. There's any any language that makes it clear. There's no commercial, there's no

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rental, there's no boarding, there's no mother daughter, all of that. This is a single family residence for the Eli family. >> Okay. And I and I think I saw I don't know if it's code or by by code building

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code, but there seems to be a um second entrance off uh out of the first floor right behind the garage. There's an entrance that you open the door and and then you get to that guest room area. Is that by code or or we just they just put

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in a second door? >> There's no code that requires that. That's that. >> And what was the need? What's the need for that? No specific need. They'd like to have multiple entrances to the [clears throat] home. >> Well, what I'm saying was code, but I

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don't Charlie, do you know? I mean, I don't think >> that's a building apartment question regarding >> So, >> oh, that >> I think that's the sidewalk that comes

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from their driveway. Um, you know, so it's just another ingress egress. You know, sometimes you have the main porch into the house and then you have a second doorway for like a mud room. So you can drop all, you know, if it's coming back from sports or you're coming back from doing yard work, you can leave stuff and it's not in your

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main main entrance way. So um >> the doors on the back door. >> Yeah. So, they do have it looks like French doors on the back of the living room and dining room. >> Uh, but that's above grade there. So,

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what's the intent for that, Ken and Yseph? >> That would be to >> There's a deck shown on the architectural plan. >> All right. So, >> the elevation is shown as a deck there.

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So, if you're going to propose a deck, it's got to be shown on the plot plan and it's got to be on the version that also gets submitted to D for the FHA U modification. >> Yeah, it's an elevated deck off the second. >> Okay. >> I'm not saying I take issue. I'm just more so I'm concerned about from a

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regulatory perspective because I know there's limitations on coverage and things like that as far as D. So, um just whatever you're proposing, just make sure it's shown what you submit to D. So that way if the board acts favorably on the application, you know, you're not having to go back to D two or

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three times. >> Just a just a curious question because I've never seen I mean I looked it up, but co um Costco, what's it on their plan there? >> It's called Costco.

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>> Oh, Costco. But I what I've seen is there's c they put they put a there's it's like a little doorway that they'll put in a garage that'll lead to like the pantry so that you don't you don't have to carry your groceries. But I'm just curious as to what that Costco is there.

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>> If you shop at BJ's can you still [laughter] >> deed restricted to Costco only? >> Mr. Elite indicated that's exactly what it's for. >> It's to provide access. >> So, Mr. Chair, the only other comment I'll have is um we talked about the

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parking and they're going to add that additional driveway space, which is good, but they are counting the garage as meeting their parking requirement. So, I think there should just be a restriction that that can't be made finished in additional bedrooms as well because we are seeing that uh you know in other parts of town unfortunately.

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So, is that agreeable Ken? Again, acceptable. Okay, >> we're these are all ways that the town can be comfortable that what the Eli are asking is exactly what they're going to what this board's comfortable granting. We're not looking for anything other

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than what we're asking. >> Okay, that was a good question about the Costco door. >> I was >> I learned something tonight. >> Where did you look it up? I >> I just looked it up and I saw everything I saw was it was in the garage >> that led to the pantry that led to the

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kitchen. >> Yeah. >> And this that's it's not in that location. So I was just wondering what it was. >> Okay. >> I've been seeing them on architectural plan these Costco closets. I guess I b need somewhere to put everything.

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>> Okay. If there's nothing further. Okay. Christine got you back up. >> That's the other that's the other one. Well, Christine will be talking to [laughter] >> Allison. I'm sorry. >> Oh, no problem. >> And we seen you here a few times, but

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just on for the record. >> I'm a licensed professional planner in the state of New Jersey and certified by the American Institute certified planners. Both licenses are still in good standing. >> Okay. Thank you. Your qualifications are good. >> Okay. the you heard that the board would

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like you to do the I'm going to say efficient presentation of the proofs that need to be placed on the record. >> So I'm going to address the single variance which is for the unimproved frontage. Um this variance relief it's a bulk variance. There's two standards in the municipal land use law for this type

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of variance. The first is the C1. That's a hardship standard and there is a degree of hardship here and that a lot of that frontage is located within repairarian buffers or wetlands buffers. Uh but there's also an argument to be made under the C2 the flexible C standard. Here the variances advance

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purposes of the municipal land use law with regard to encou encouraging the appropriate and efficient expenditure of public funds by the coordination of public development and land use policies and purpose M which is coordinating various public and private procedures

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and activities shaping land de development with a view of lessening the cost of such development and to the more efficient use of land. here. The proposed access is the minimum required to provide safe and effective access to the proposed house. We're asking to

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improve only 42 feet of 242 feet of of rock and not improve that other 200 ft. And this allows for an appropriate use of land without the additional public costs that would be associated ongoing for the maintenance and paving and

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plowing of that extra 200 feet. That benefits no one. So the benefit of the variance is ensuring the safe access to a single new home without causing unnecessary ongoing public burden for roadway maintenance by creating a new paved roadway that serves no real

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purpose. The lands beyond the home have environmental constraints and are therefore unlikely to be developed anytime in the near future. And extending the roadway beyond the driveway could create an opportunity for a misuse of what it would become an unused and hidden road extension. you

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know, like people parking and storing vehicles or illegal dumping. There's no real detriment to the variance relief as the applicants requesting it. Safe and adequate access is provided to the residents. And that's really the purpose of having an improved roadway along the frontage of a property. And last test

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for a variance is whether or not it impairs the intent and purpose of your master plan and zoning ordinance. But here, the use is permitted and appropriate, the density is permitted and appropriate, and no variances for the home size or setback are required. So, it's my opinion that the this

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variance relief is justified. >> Okay. Now, the Christine, >> um I take no issue with Allison's testimony. I think she covered it. I think um this varants can be granted under the C2 criteria.

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>> Okay. Thank you. Thank you. >> Anybody questions from the board? >> Okay. >> Mr. Chair, >> yes. >> I know uh Mr. paper has already uh stipulated to this, but I just want to make it abundantly clear only because

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the second kitchen, although on the plan shows as a Passover kitchen uh with the separate entrance in the rear with a bedroom in the back of the house, that this is a single family home and should there be any kind of modification to the home, uh it would trigger the

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multi-generational family accommodation in our ordinance. So that uh I just wanted to stipulate it even maybe by deed restriction that uh that this section of the house is not to be considered uh a second apartment so to speak. Uh just because the second

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kitchen does trigger uh the mother daughter. >> Good point John. Thanks for bringing that up. stipulation. We envision that all of the requirements that are imposed by the board will be in the resolution and the resolution in its entirety will be

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recorded as a lean against the property attached to it and what is what has been your the town has been required a declaration of restrictions. So no issue at all with that being becoming part of a recorded record. >> Okay. At this time, unless there's any

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other questions, I'll entertain a motion to go to public. >> Motion to go to public. >> Amarie with the motion. Matt with the second. All in favor? >> Okay. Lisa, >> the chairman has opened the hearing up for members of the public to ask

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questions or comment on this application. If you would like to speak, please come up to the podium. You will need to provide your name and address and you will be sworn in. Seeing none, motion to close. >> Mr. O'Donnell with the motion to close. Second by Mr. Rosco. All in favor?

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>> Okay. Mr. Pete, some >> just briefly just the the the clarifications and restrictions that were discussed between the applicant and the board are all acceptable. The improvements to the roadway requested of the applicant are all acceptable. The construction standards are acceptable.

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And we would ask that the board consider this application for C2 both variance really favorably. >> Okay. Thank you. There's no nothing else from anybody. I'll entertain a motion. >> Huh? Mr. Chairman.

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>> Yes. I'd like to make a motion that we approve the bulk variance so written in the uh agenda here with all the clarifications and restrict restrictions so stipulated tonight. >> I'll second to that.

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>> Mr. Caner with the motion and I guess Mr. Hughes passed off the second to Mr. Aldono. >> Roll call. >> Mr. Burillo >> just for redundancy purposes. Um, I'll say yes as long as the stipulations of

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no bedroom in the basement, no bedrooms in the attic, no boarding rooms uh or boarding house. Um, that there's curving on both sides of the extension of Block Boulevard. Um, what else was there? Oh, no commercial use of any kind,

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including storage of any material that's not related to the house. And what Mr. a um stipulated uh about the um no conversion to an apartment or a mother daughter without proper uh um what's the word I'm looking for? Proper

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>> approval. >> Approvals. Thank you. >> But yes, >> Mr. Caner. >> Yes, >> Mr. Hughes. >> I will echo Mr. Barello and everybody else's and I'll say yes. >> Mr. O'Donnell. >> Yes, >> Mr. Rosco. >> Yes,

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>> Miss Scottson. Yes. And I might borrow that Costco closet idea. >> Chairman Merren, >> I'll vote yes as well. And >> motion carries. Application is approved. >> Mr. Chairman, members of the board, thank you all. >> Good to see you again, Mr. Pap. Nice to

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see you. >> I've been asking about you. I've been worried. I haven't seen you in months. [laughter] >> Mr. Pape, I'd like to thank you for being so forthcoming with all the information. >> Oh, I'm very fortunate to represent such nice people. Thank you. Okay, good.

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>> Okay, at this time Andy, we were we should make our do do we need to take a quick break because we will be breaking for executive. So if everybody everybody's

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>> okay. >> So we're gonna we're gonna Lisa has a resolution to go into executive session to discuss potential litigation. I'll make a motion to go. >> Second. >> I. >> All in favor?

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>> Sorry. [laughter] >> So, at this time, do I have a motion to close? >> Motion to close. >> And Marie Jose with the second. All in favor? >> That's good.