Call to order and state. I hereby declare this zoning board of adjustment regular meeting and hearing open on March 3rd, 2026 at 7:30 p.m. Adequate notice of this meeting/hering has been provided by the by posting a copy uh of
the public meeting/hering dates on the mun board by and by a topic to the actual sentinel and by filing it with the municipal clerk. Standard board procedures. Any meeting/her hearing conducted by the board is a quasi judicial proceeding. Any questions or
comments must be limited to the issues that are relevant to what the board may legally consider in reaching a decision and decorum appropriate to a judicial meeting must be maintained at all times. Meeting cuto off. Announcement is made that as a matter of procedure, it is the
intention of the zoning board of adjustment not to continue any matter past 10:30 p.m. and any regular or special meeting of the board unless a motion is passed by the members then present to extend the meeting/ sharing to a spec to a later specified cut off time. Electronic devices, all in
attendance are asked and requested to put your phone on mute or do not disturb or whatever format you have. um and u so that way it does not u interrupt the proceedings. Pledge of
allegiance. >> 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. >> Call.
>> Yes. Mr. Rono >> here. >> Mr. Geianus is excused this evening. Mr. Rosenberg is excused this evening. Mr. Watts is excused this evening. Mr. Zadznney >> here. >> Mr. White >> here. >> Mr. Zartke >> here. >> Vice Chairman Groskoff >> here.
>> Chairman Gre >> here. >> Chairman, we have a quorum. >> Thank you. Now the first uh uh uh duty that we have to do is designation of official online news publication resolution 2026-N-
ZB the designation of official online news publications and compliance with PL 2025 little C72 whereas zoning board of adjustment of the township of Long Hill the board memorializes resolution 2026-8
DB designate its official newspaper for for review receiving notices required by the provisions of the open public meeting act NJSA 104-1 at set and whereas PL 2025C72
requires that beginning on March 1st 2026 public entities publish their notices on municipal websites and and allow said entities to punish public notices in the online news publications. that meet the criteria established in PL
202572. >> Thank you. >> So long as links to these online news publications are also provided on multiple websites. Now therefore, be it resolved that the zoning board of the township of Long Neil hereby designates Echo Sentinels Echo Sentinel as an
official online news publication for the year 2026 and declares that the board's public notices be will be available on the township's website at and the website in compliance with PL2025C-72. Uh, do I have a motion?
>> I'll move it. >> I'll second. Okay. Mr. Ronio, >> yes. >> Vice Chairman Groskoff, >> yes. >> Mr. Zny, >> yes. >> Mr. White, >> yes. >> Mr. Zark, >> yes. >> Chairman Gret, >> yes.
>> Motion carries. >> Okay. The next order of business is the resolution for Richard Casey, application number 2512Z. And did everybody have a chance to review it? >> Yes. >> Yes. >> Does everybody anybody have any
corrections, changes, comments? >> No. >> Hearing none. Do I hear a motion to approve the resolution? >> So moved. Second. >> Second. >> Second. >> Mr. I'm sorry. I just want to say the um
the numbers 251Z. Correct. >> Two. Yeah. 251. I Oh, it it's actually it was mistyped on this >> because I heard one two Z. That's why >> that's the way it's looking. >> I know it's the right one, but I don't know if we >> Oh, did I mistype it on the agenda? >> Yeah, the agenda is right.
>> Sorry. I just wanted to thank you for catching. >> All right. So, it's actually just to correct the record, it's 25-21. >> 21Z. Yes. >> Okay. All right. Mr. Zadrazen. >> Yes. >> Vice Chairman Groskoff. >> Yes.
>> Mr. White. >> Yes. Uh, Mr. Aronio, >> yes. >> Mr. Zarkke, >> yes. >> And chairman correct? >> Yes. >> Motion carries. >> Now we have >> everyone here was eligible, right? Everyone here voted. >> Um, the next resolution is for Diane
application 25-25Z. And that is correct. Both places. Uh, do I have a motion to uh do I have any comments or changes in the in this one? >> No. >> No. >> Do I have a motion to approve it?
>> So, motion. >> All right. Take a second. I'll take second. Okay. >> Mr. Zrazy. >> Yes. >> Vice Chairman Groskoff? >> Yes. >> Mr. Aronio? >> Yes. >> Mr. White? >> Yes. >> Mr. Zwart? >> Yes. >> And Chairman Grant? >> Yes. >> Motion carries. >> All right.
>> Now, now we get to the good. We have the honor of having three applications all by the esteemed Fred Zelli. And the first one is a bulk variance block 1
block 21 zone R-30 located at 156 Summit Avenue. >> Actually, Fred, check and see if those mics are on. I think >> the mics on over there. >> Keep changing.
>> Okay. 156 Summit Avenue, application number 25-27Z. Eric and Lisa. >> They're not on. >> All right. Okay. Uh the applicant proposes an addition to an existing friendly lesson.
Are we ready to go? >> On. Are we ready? >> If we had a mic. >> Oh, wait a minute. Check your button on that. >> All right. Hold up. >> Yeah, you're you're you're good. >> I don't know. I heard him. I didn't hear the mic.
>> Hold on. >> According to Randy, he know for the last five years. >> Make sure everything's plugged in. >> Yeah. >> Made it work magically last time. >> Mine's on now. It wasn't on before. Oh
crap. I'm loud enough they can probably get on yours. Check check >> around a little bit. Usually helps. >> There you go. All right. There we go. >> Can you just stand there? >> Yeah. Can you hold that? Yeah.
>> Take back that one. Yeah. So, >> all righty. Nothing ever changes. >> The floor is yours, Fred. >> Good evening, Mr. Chairman, members of the board. No board board professional.
Used to that being plural. >> I'm sorry. Board professionals. It still is plural. We just don't have fortunate. >> We just don't have the professional as possible. >> Keep it. Uh, this is the application of Eric and Lisa Ruano, 156 Summit Avenue, block
11105, lot 21, located in your R3 zone. Subject property is a corner lot located at the northeast corner of Summit and Harrison avenues. The lot is significantly undersized. 24,495 ft where 30 uh 30,000 is required. Property is also non-compliant as to the
Harrison Avenue frontyard setback. It's at 41.26 feet where 50 is required. minimum floor area uh 1412 where 1500 is required and impervious coverage 24.2% where 20% is permitted.
The applicants wish to add a modest two-story addition to the east side of their existing three-bedroom home to increase the height of the home to accommodate more functional living space on the second floor and to add a covered front porch. The existing home has a full bedroom, full bathroom, living room and kitchen on the first level, two
bedrooms on the second level. The basement is finished with a half bathroom and a mechanical and laundry areas. Properties also features a rear deck, a PA patio, and a detached garage. The first level of the proposed proposed renovated home will feature an open
floor plan, living room, dining room, kitchen area, a pantry, the existing bedroom, and full bath, and an open mud room off the front foyer. Will also feature an open covered entry porch with a sitting area. The second level will feature a master bedroom with a walk-in closet, two other bedrooms, a full
bathroom, a laundry room, and a mechanical and storage area. Basement will remain unchanged with crawl space below the proposed addition, but we will talk about that later on. Project requires following variance relief, front yard setback on Summit
Avenue of 44.9 ft where 50 ft is required and lot coverage of 22.9% where 20% is required. I know this is an improvement over the existing 24.2% because we're going to remove a parking area currently off to the side of the
detached garage. Two witnesses this evening, Mr. Rouano and Brian Johnson, our architect in the witnesses, please. >> Yes, of course. This is this is >> raise your right hand.
>> Do you swear that the testimony you're about to give with regard to this application will be the truth to help you out? >> Thank you. >> Good evening, Mr. Ruano. >> Good evening. >> Am I saying it right? I'm pronouncing the sounded like you didn't, so I wasn't sure. >> You got it perfect. >> Okay, there we go. Uh, where do you and
Lisa presently reside? We presently reside at 156 Summit Avenue, Gillette, New Jersey. >> Okay. And when did you purchase the property? >> Purchased the property in January 2009. >> The children? >> Yes. Two two sons uh aged 13 and 10
currently. >> And we submitted with our application a set of photographs. I'm going to show them to you and ask you to take us through them just one at a time uh top to bottom and just describe to the board what each shows
what perspective it is and please also just confirm that subject to seasonal changes. Obviously everything's white right now. Uh but other than that please confirm that it's still accurate as to what is just take each one individually. There are numbers on the top right corner you can refer to. >> Excellent. Number one, um, this is a
view of our property and home from the corner of Harrison Avenue and Summit Avenue. Number two, uh, this is a view of our home and driveway and garage from in front of our garage on Summit Avenue.
Number three is an uplose look at the side of our home where the proposed U addition will uh will go from our driveway in front of the side of our home. Next number four
is a view of the side of our home from the side of our property beside our garage and our driveway. Number five is a view of our garage and driveway space
from and the area that um we will um rectify in terms of the uh pvious coverage um viewed from our front the side of our front yard. Number six is a picture and view of the
back of our home from our backyard. Looking at the back of our home and our deck and our garage as well. Moving to number seven is a view of the backyard in the back of our home with
our deck and our garage from the side of our yard. Number eight is more uplose view of the back of our home and the deck off the back of our house and the pavers there
included with the garage as well. And number nine is a more broad view of our backyard from the corner of our property looking towards looking across our backyard towards the garage and our shed in the corner of the property. And
last number 10 is uh the view of our backyard and back of our property garage and home and deck uh from Harrison Avenue. Thank you very much. >> Thank you. >> Questions about photos before?
>> Yeah. Anybody else? >> Just one point of order for the board secretary. When these photos were submitted with the application, they were numbered the way they are now. >> Correct. >> Okay. Very good. Thank you. >> Thank you. And also for the record, I took the photographs personally shortly before we submitted uh and they were
accurate at the time as well. >> You do weddings, too? >> Not if I can help you. I have don't don't say things like that. I have two adult daughters, you know. >> Oh, yeah. >> Uh Shuana, what has uh prompted you to
undertake this project? >> The the main imp impetus and the primary impetus of the project is our uh very small galley style kitchen that has just made it a real challenge even when it was the two of us to try to op uh operate and function in there. And now
with uh two uh you know growing kids um it's continued to make it a challenge and that's been the primary impetus to wanting to expand you know in addition to you know hosting family now as we get older and take that kind of responsibility within the family. So uh
really the kitchen and the small kitchen has been the driving force for it all. >> Uh and Mr. Johnson's going to tell us about the technical details but just in your own words what are you doing to the home? what's being added, what's being enlarged, and so forth. >> Yeah. In terms of uh the main features
and what's being enlarged is um an addition off the side of our home expanding our kitchen and living room and there will be a bedroom and a bathroom above that. Um and those are the main features in terms of anything
being uh enlarged. Uh yeah, >> and I'd indicate at the beginning there's a reason we talked about the basement So right now the plan is to have just a crawl space under the addition. Is that right? >> Correct. >> Uh would you like the board however to
approve a variance to allow you to put basement space under there if you should change your mind at some point? And the reason that comes up is because under the ordinance in this township that would actually create a third story just by virtue of mathematics and the percentage of how much the foundation
would be. So it would behoove you if there's any possibility whatsoever you might want to do that at some point ask the board for that uh relief now and not have to come back to them in the future. >> Excellent. Yes, understood. Yes, please. I think that would uh provide us the flexibility needed um should that be the
direction we want to go. >> And this board I'm looking at council I think you know this board has historically decided that's a C variant. So we're not throwing in a D or something like that. I don't want to interrupt you because you're going to make the presentation.
We're going to hear from the architect, too. But is it actually a third story because it's only like a certain percentage of the building, right? >> Right. And that's the point is that >> it looks like you have like only half a story right now for the basement. Is that >> It doesn't even look like that much of the foundations or show, but >> we're not sure what could happen. That's why that's why just on the
>> Oh, you're saying on the addition it might it might be more exposed than than the existing. >> It's potentially possible. Okay. Okay. >> And that's and I believe Mr. Johnson will correct me, but I believe right now we are right at the we're like high 40s already. >> Okay. >> When an applicant applies for variances,
he should apply for all of the variances that are known. Now, if something occurs during the uh testimony before the board and it becomes apparent that there needs to be another variance, the board is entitled to bring that up and to grant it. But at this point uh you've made an
application, you've asked for two variances, now you're changing the application. This is not what was noticed. So either you know you can withdraw this right now and come back uh with a complete application for those three variances or you have to proceed
on the two variances without the third. And the reason I say that we don't have the engineer here. The engineer already took a look at this. I don't know what the engineer is going to find if they take a look at the at the plans and at the grading. I I don't know what the engineer is going to say if he's going
to say no this is uh this is a more serious variance than what you're you know what you're saying >> or or not but we don't know >> or not. We don't know. We don't know. And the fact of the matter is notice is proper for this application right now. The one before the board an extra
variance makes the notice >> invalid >> invalid. and might divest this board of jurisdiction over that particular variance. The other two, yes, I agree that, you know, they're fine. The notice is fine for those two.
>> That's for your own protection because if we were to grant it and it's not legit, it really doesn't it doesn't >> obviously that advice is very different from what is usually given and what we usually work under. >> Okay. >> So, we have the magic language in the
notice. But that if it's the board's decision that that's >> the magic the magic language in the notice and I understand what you're saying the magic language is >> talk more to that >> if a and if a variance becomes or some
other form of relief a design waiver whatever becomes apparent during the hearing uh something that wasn't called out by a professional it happens that's what that uh that's what that language is there for um What you're testifying
to right now is can we get an extra that we may have, you know, we we may have you could have thought of this before the hearing, but now you're asking for extra relief. Do you understand what I'm saying? I'm not trying to do, you know, I'm not trying to be difficult. I just
want to protect you and I want to protect the board. >> The board will take or not take the advice of its attorney. I disagree with that interpretation, but we understand if that's the decision and we'll take it from there. >> Well, it it doesn't affect us presently
as far as we know. Uh the only potential problem now would be if somebody decided they disagreed with Mr. Johnson's calculations and says it's 50.2% and not 49 whatever Brian's going to testify to. >> That's the only way we come up. >> I don't know if this is possible, but
can we do the hearing and just not vote on it tonight and that happened? so that he has his professional here. Is that not >> It's It's It's not something honestly it's not something we feel so strongly about that we want to change this hearing back anything like that. This
was the ultimate caution. >> It it did come up subsequently uh in discussions with the professionals uh and it seemed like a smart thing to do to try to to bring it up. Now, if the board does not believe that the so-called magic language is sufficient,
I understand that it's normally >> in the scenario that you're describing, but I certainly have many applications. >> I agree with you. >> I I think it's pretty much been the practice of our board when we see something during a hearing, right? And we say this this applicant, are you sure you don't want a deck off of your
kitchen? Right. Because we know you're going to be back here. Are you not this, I'm just saying hypothetically. Are you sure you don't want a shed? Because everybody has a shed. I'm saying it's not on the application, but we know it's going to be next. And then we've said that >> the only the only problem I see here is that it's the actual third story issue.
>> Correct. I'm saying this is different. This is a different thing. So, >> and the only thing here is >> I'm going to go with council. I don't >> I would too, but if it it wasn't a third story question. >> That's that's Yeah, use variance with the third story. If it didn't create a
potential third story, I think it might have been more >> a couple feet in a setback or something. Yeah. Okay. Well, that raises and that's concerning because this board has always held this to be a C variant. So, that's if I would completely agree with you that if we didn't notice for a use variance, that's a whole different ballgame. That's not
>> okay. >> Maybe I'm not understanding. I looked at the plans. Maybe I'm not understanding what we're talking about here because I'm I'm not an architect or an engineer, but but that that's my advice just from a legal perspective. The the application is what it is. you ask for the variances
that you require for what you are building. If during the board hearing um the board determines that an additional variance is required because someone made a mistake, there's a you know, we're off by a half of a foot, our professionals catch it, you need an
extra variance. I think that's when the catchall uh comes into play. Um perhaps uh you're you're um you've just spoken too soon in this application. Maybe this is something that the board would have determined as we move forward. But
you're just so good that you you said it before. We heard the is >> that the problem >> the testimony of the architect, which you know always raises a red red flag for the board attorney because you know uh I just want to make sure that this board has jurisdiction and that whatever
uh decision is made, you know, I I can defend it and that's good for you and it's good for this board. Um, >> so as we move forward, maybe Mr. Johnson's going to say something and the board is going to say, "Yes, that we
understand now this this is probably what's required for for what you're doing. >> You will proceed." And >> fine. >> I I I've made a record as to my position. I don't see this something that's >> taking us to an appeal, especially since at the moment there's not even intention
to do it. So, >> right. I understand. Yeah. >> As I said, I I Let's continue with your testimony and we'll see where it goes. >> Uh just one last question, Eric. Is do you believe you're removing any trees as a result of this project? And if so, which ones? >> I believe potentially there is a maple
tree off the side where the addition will go and kind of adjacent near to that is a holly tree which could very well be removed. >> And are those the trees depicted in photograph number three? >> Yes, they're in photograph number three. the maple there with no leaves and then
the holly obvious at the corner of the prop of the home. >> Thank you. I have no further questions for Mr. Rana. >> Questions of the applicant from the board? >> No, I have a question. >> Yes.
>> So, and so everything regarding the setbacks is just you're you're extending or compounding the existing. Is that right? Except for the side, but from the from the front and the rear, it's the rear. You're not looking for a variant. >> Front's getting a little closer to summit because of the covered porch.
>> Okay. >> On the addition, >> right? >> And then the side >> side's no issue. There's plenty of room on that side. >> Okay. There's plenty of room on that side. But you have an existing non-conforming on the other side. Is that what >> No, the other side's actually a front yard.
>> Front yard. Two yards. >> Two front yards. Okay. So, you're not changing anything in that regard. And you have plenty of room for your addition on without any without changing any setbacks except for the porch, but it's only a few feet because there's a porch overhang, >> correct? >> Okay. Thank you.
>> The tree you described before, I think you said it was a maple. Is that what we see in in number three as well? >> See the holly? >> I believe so. I believe it I've been told it was a maple. >> Okay. Just uh some information. Uh if this tree is to be taken down, you're going
to have to file a notice with the shade tree commission. >> Okay. >> It's I think it's 12 in at breast height is the ruling. >> Okay. Excellent. Thank you. >> Sure. >> More questions? Any more questions? Um >> I I don't have any questions.
>> Thank you, Mr. Johnson. You're up. Mr. Johnson, before you start, I just have to make sure you're qualified, which I'm sure you are. Uh, would you just reiterate your licensing and your background, please? >> Yes. Uh, my name is Brian Johnson. I'm a
licensed architect in the state of New Jersey. I've been licensed since 2009. I have a master degree in architecture from Pratt Institute. My license is in good standing. >> Thank you. We hereby declare you're an expert. >> Mr. Mr. Johnson, would you please take us through the current conditions? >> Absolutely.
>> Oh, by the way, there were no audienc's questions for the applicant. Were were there? No. Okay, good. I'll >> start with the uh I'll start with the site plan. So, currently the uh the property you can see we have um uh we're
about 42 feet off of Harrison Avenue and about 52 feet or so off of um I guess that's Summit. >> Let me just stop you for one second. Are the plans that you're showing us now any different from what was submitted to the board? >> They are not. These are the same drawings. Thank you. >> Same drawings. >> Um, so the existing story, the existing
first floor, excuse me. Sorry. The existing basement right now just consists of a a finished basement with a a small uh bathroom and laundry room. There's a stair that goes from the basement a couple steps up to get to grade. You can see in in photograph three kind of shows the photograph one
shows the condition uh from the front. Photograph two shows it from the rear. You can kind of see the deck, that little um doghouse area. That's the stair a couple steps that go down to the basement. Uh photograph three is straight shot to the to the rear. And photograph 4 shows where the addition
would be uh across the driveway. On the first uh on the first floor uh there's a small uh living room kitchen to the rear, a galley kitchen as we spoke to, a small bath and a uh a bedroom on the left side that spans the uh full length of the house front to
back. And on the second floor, uh it is it's sort of a uh a cape style. So there's a dormer on the front uh for the first for the front bedroom and then the um second bedroom is kind of under the uh the main gable part. Uh and those are pretty much the uh the only usable height. There's
there's some uh on the corners there's uh as you slope under the roof there's some inaccessible low height space. Uh they have the HVAC there and some uh just some light storage. >> And what are we proposing? >> So what's proposed is if you look at the drawings uh there's a dash line that
basically says uh where the existing house sort of stops. Uh we're proposing to take down that exterior wall on the first floor, expand the expand the house uh 15 ft to the right. Uh in doing so, we'll take down that wall and create a large um kind of great room space with a
kitchen, a dining area, living room. Um it's also has a central fireplace that'll that'll remain in the over towards the front. We will take a a small portion of the master bedroom. Uh that'll become a mud room. We'll shift the entrance a little over to the left.
Uh, and then that can be an entrance for for the boys that come in with their sports equipment and all the other stuff. So, they can kind of just dump their stuff in there before they get into the rest of the house. On the second floor, um, again, same addition, 15 ft off the right side. Uh, that would incorporate a master bedroom
with a walk-in closet. Um, one thing we will be doing is where the dormer is right now on the um on the existing second floor bedroom. uh that will be demolished along with the back roof in the same area and a full two-story height built in that area. Um so that we
get full use of the width of the house uh so we don't lose it to the uh to the low sloping roof. And then in that space we'll have a again this bedroom same size but now a higher ceiling. Uh but then we'll also be able to incorporate a laundry room and a and a bathroom for the second floor because right now the only bathroom they have that small one
down on the first floor. So this would add a second bathroom to the to the to the floor up here. And then the uh we'll have an HVAC room um for the for the new mechanical systems we're putting in. >> Uh can you describe the porch since that's going to trigger
>> variance? Yep. Sorry. So here if you look back at drawing Z 101 uh the existing house like I said has about a 52 ft setback to the front of the house. What's proposed is they would like to have a uh front porch right now. If you
look at the front photo on uh page uh Z102, uh there's a couple steps that come up to the front door, there's a landing on that that is about 6'3, a 6 foot um landing there uh just like a of the top of the stair. We're going to
keep we would like to keep that landing width uh landing depth and then expand it across the front of the house to create a small sitting area and a covered porch. uh and then and then have the steps come down, reconfigure the uh the walkway to meet meet up with those stairs. >> And how would that affect our S setback?
Where are we now and what would it be? >> Right. So the existing setback right now is 52.46 ft. Um and then the proposed uh setback to the porch would be 44T 11 in. >> And while you're looking at numbers, can
you take us through the changes in coverage proposed? Yes. So, right now, I think it was mentioned uh before the it's it's a an existing uh undersized lot. Um we're at 24,495 where 30,000's required. Uh there
would be uh we're compliant on lot width at 150 ft. There would be no change. The minimum floor area in the zone is 1,500 ft². We're actually currently under minimum at 1,400 uh 1,412. The addition would actually bring us into compliance at 2421. So that would actually be
making a compliant condition there. Uh we would be compliant under the max height is 35 ft. We would be approximately uh 22 ft. Um we're uh well I'm sorry the existing is 22 ft. Our proposed would be 30 ft. So we would be uh two stories and um under 35 ft. Uh
the front yard set back to Summit as I mentioned uh the 51 ft going to approximately 44.9. uh the front yard to Harrison because again as mentioned the left side of the house as you're looking from the front would kind of look like the left side but it's actually the front yard of Harrison. >> Uh that front yard requirement setback
is 50 ft existing is 41.26 and there is no change to that condition. Uh the lot coverage is currently uh lot the allowed lot coverage is 4,899 ft which is 20% of the lot. We're
currently at 5,940 ft which is 24.2 2. Uh after the proposed addition is added, we're going to be removing um some walkway up in the front as well as this uh um it's like a a gravel parking area to the side of the driveway here. I'm sorry, the side of
the garage. By removing that, uh we're reducing the lot coverage to 5,67 uh for the proposal lot coverage be 22.9 coming down from 24.2. Uh in terms of F uh the allowable square
footage on the house would be 4,469. Uh as I mentioned we're we would be under that at at 2421. >> And you were in the room. We just had the discussion about the uh possible story variance. >> Yes. >> Did you do a calculation as to what the existing
uh exposed foundation percentages? >> Yes. The the existing So the existing Let me see if I get the elevation here. It's probably so if you look on drawing Z 104 on the front elevation uh and actually you can
probably see it on the right side elevation as well. The property does the ground does slope back towards the rear yard a little bit. Uh the existing um uh say exposed foundation wall right now by the by the calculations about 49.8%. So we're right on the right on the line
there. Um, a question was raised during the applica uh during the submission about whether the added addition that we're adding on uh this way because we're increasing the amount of back wall that would that would increase that percentage. If we were if that were to
be considered a story, we'd probably get up to about I think 52% or so where 50% is the is the cutoff. But there's no intention for that to be a story. Uh we're going to make that a crawl space with a ceiling height of approximately four feet. So the basement the basement
height stays where it is. Uh if you actually look on drawing let's see uh is it this one or yes so if you look on drawing Z102
uh you can see that we would be there's an existing uh window. You can kind of see it in the photograph. Um actually not the car's block. Well, you can kind of see it in photograph number four. Just behind the car, there's a little basement window. Um, we would be taking one of those out to replace it with an
access panel. Uh, that could give us access to the crawl space floor. So, there would be a concrete slab here, but again, ceiling height's only about 4T, so it wouldn't wouldn't be a story. >> Thank you very much, >> Mr. Chairman and Miss Mazi. It occurred
to me as I was listening to Mr. Johnson testify that I somehow remembered actually changing the notice, and I did. >> You did. What I didn't what I didn't change was my opening. So that's that was a problem. >> Shame on you. >> Uh so we actually noticed for front yard setback lot coverage number of stories
due to basement exposure parenthesis three where 2.5 is permitted and parenthesis sideyard setback for existing storage sheds. Another one that we realized last minute that >> okay >> uh is 4.14 where 10 ft is required. So four variances were actually noticed.
>> Okay. Sounds good. Then if you want the basement then we'll consider it. I have no problem with that. Then if it was noticed, it's fine. >> Thank you. >> And Mr. Wano, just while I have that thought, uh, is the shed something that could be moved to a compliant location
or is it would it be particularly inconvenient to have to move it? >> Um, >> it's 4 point. It's 4T off the line now as opposed to 10 10 being required. >> I just don't know. Is it on a foundation or anything like that? >> No, it's it isn't. Yeah. So, I think
that could be something to look into. Yeah. >> So, so for for for the >> you physically could shift that shed without damaging it. >> Yes. >> Okay. >> So, for for the board's reference on drawing Z101, uh the site plan shows the location of the set shed in the top
right. Um 14.14 to lot 24 and 13t4 to the lot. Uh I guess that's plan north >> on one side but not the other. >> Yeah. And then uh photograph number five on drawing Z102 shows the shed. >> Yeah, I think that you know considering
a an approval of this or anticipating if we do approve it, we would one of the conditions would be make that shed compliant to 10 ft off the line. >> I have nothing further for Mr. Johnson. Any
questions of the uh architect from the board? >> I have a question. >> Go ahead. >> Um you said the gravel on the uh if you're facing the structure to the right, the gravel, you're going to take that out. So be less coverage. >> Uh correct. Uh if you look on drawing
Z101, the uh area with the hatched um area to the right of the garage, that whole area is being removed. And if you look at the lot coverage summary uh at the bottom center of the drawing uh you'll see at the bottom of it uh that's been deducted out to get to the final lot coverage.
>> Right. And you had stated that the uh the grade goes towards the rear of the yard. >> Correct. >> Just uh I was thinking with water runoff is it better with the gravel as far as if you were to leave it? >> I I'm not a hydraology expert. I
wouldn't be able to answer that. >> It's being replaced with grass. >> Yes. It's not impervious. Right. >> Okay. Right now it's just >> anyway that that's almost >> you said the grade goes into the back. >> That's that's not but right there where that is according to the picture looks level.
>> It almost looks like it's level there. But that's going to be grass. >> Yeah. It it'll go to the ground. You're better off. Okay. Very good. Thank you. >> Sure. >> All right. Any other questions of the architect from the board? Any questions for the audience of the
book of the architect? Okay. And being that we have no audience. >> Yes, sir. >> Uh there other >> Yes, that's true. >> Um >> I have two quick questions for the applicant. Uh all of the other
properties surrounding your properties property are improved >> with homes. >> No vacant lots. >> No vacant lots. >> Correct. Yeah. No vacant lots. So there's no land that's available for purchase for you. >> Correct. >> To make you a lot more conforming. No. Okay. Yeah. Thank you.
>> You can't buy somebody else's piece of a Okay. >> Everything's under sights there. >> Yeah. >> And um I'm not making it a condition or anything. I just want to know you're removing a nice size, a full mature maple, possibly a holly tree. Do you have any intention of replacing them? I know you have a nice stock of trees on
your property. >> Yes. Yeah, definitely. >> Yeah, definitely. I'm definitely looking to receive like feedback and get some expertise on what should go there. Yeah, I think we'll need it and we would like >> in in the rear yard in other words or somewhere. >> Um well, I think what he's speaking to
is the on the >> No, no, you wouldn't have to replace it the exact same location. Got >> where it's suitable for you. >> Anywhere that you exactly intrude on your lacrosse field. >> Sure. Sure. >> We don't want you to put it right up against the house. >> No. No. Somewhere where Exactly. Some Yeah. Where it makes sense. Yes.
Definitely. All right. Um >> I just have one question. >> Yes. >> The um the garage is not being touched. Correct. >> Correct. >> But it's going to match. The new house is going to get resided. So everything will stay consistent. It all match. >> Yes, definitely.
>> Okay. Good question. >> Yeah. >> Um Okay. So, uh do you want the basement? >> It's been noticed. noticed not just in case they ask. >> Sure. >> Say, "Okay, fine." But it it it's better
you say yes now. >> Yeah. Exactly. >> You know, >> I appreciate that. >> Pay someone to dig a little deeper. >> Yeah. >> Um >> Yeah. It's a strange, you know, from the pictures it doesn't look like it's it's it's uh a slope, but I I guess there is. >> It is a little front to back there.
Yeah. >> Does you can't detect it from the photograph. Um, any other questions by the board of for the applicant or their architect or any legal questions? >> Okay. >> No. >> Anything else, Mr.
>> I'll just take you briefly through some zoning points and then uh turn over to >> uh the uh hardships or the variances in question are C variances. Uh we're looking at compliance or non-compliance with the front yard setback. Uh we do have a hardship to that extent because
the house is only 1.4 ft off the setback as it is. So there's obviously not enough room there to put the porch. Uh we do think the porch is an improvement overall, which I'll get to in a moment. Uh as for the uh lot coverage, uh we do have an undersized lot here.
Mathematically, if we had a conforming 30,000 foot lot, the proposed coverage would only be 18.7 and well under what's required. So it is a hardship based upon the fact that it's an undersized lot. uh both variances or all three variances rather also satisfy the C2 flexible C
positive criteria as the following purposes of the MLUL would be satisfied. First A to encourage municipal action to guide appropriate use or developments of the land in the state in a manner promoting the public health, safety, morals and general welfare. In this case by converting the existing undersized
and outdated home into a home better suited for modern families and uh purpose I to promote a desirable visual environment through creative development techniques. good civic design and arrangement in this case by enhancing the neighborhood with an attractive newly renovated and expanded home that
will complement other updated homes in the surrounding neighborhood. Also under home builders league versus township of Berlin uh it will assist in improving and conserving property values in the neighborhood as a whole uh which our supreme court has recognized that despite not being enumerated in the
statute uh is also a purpose of good planning. uh negative criterion is also satisfied as all the variances can be granted without substantial detriment to the public good will not substantially impair the intent and purpose of the zone plan and the zoning ordinance. Due the subject property being a corner lot, there are only two adjacent lots, lots
24 to the east and 18 to the north. Neither of these lots will be negative negatively impacted by the proposed expansion as the northern and eastern setbacks are not proposed to be violated. In fact, both would remain and be substantially in excess of what is required. As noted above, the impro uh
proposed impervious coverage while still non-compliant due to the deficient lot area is proposed to be substantially reduced by the removal of an existing gravel parking area uh located eastly adjacent to the detached garage. So we believe we've satisfied both the positive and negative criteria both
under C1 and C2. We thank you for hearing us. We'd appreciate a positive vote. >> Thank you. Jerry, would you like to start the deliberation? >> Sure. I'll start. Um, well, the existing house I think is a very nice house. It's an adorable house. I think the the is is
gave us an even better looking house. I think it's going to really improve the neighborhood. It's going to be functional for your family. I don't see how there's any negative impact on the the zone or the intent of our zone plan. I think it's a great application. I appreciate the fact that you're willing to replace the trees that you have to
remove. I would give advice. >> Well taken. Thank you >> in favor of the application. >> Alex clear asset to the neighborhood to make the addition. I definitely see the need for the growing family. I would support
the application. >> Thank you, >> Ted. >> Um I don't really have much to add. I uh I'd be in favor of this. I think it's going to be a great addition to the neighborhood. Thank you Paul. >> Thank you. >> Um again I'd be in favor also I mean he's lived here since 2009 and basically
you outgrown it with your children so you need the extra room in a 900 foot house today is pretty much unacceptable even with two people. So you have the kids and uh you know I'm in favor of this and I wish him luck. >> Thank you. >> I have one question of our attorney. >> Uh one of the conditions is that to move
the shed? >> Yeah that is condition. >> Great. >> Okay. Um, I would be in favor of this as well. Uh, you've taken a uh a small home and you're going to make it uh more usable for yourself. It'll be attractive to the neighborhood. It's it's it's you
measured your increase. You didn't just say, "I want to put in a huge home on this lot now. You you took it and it's it's reasonable. Uh the expansion is not out of sort for that neighborhood. It's going to look nice and I'm going to be in approval of it." Yes. >> Appreciate it.
>> I concur with my fellow board members. I think that I I've lived in a house with the knee walls on the on the it's not it's not it's not good. Uh I I think you'll be making the house more livable. Uh making a nice up second floor and I definitely recommend digging out the
basement. You never have enough basement space. Um and uh you know I'm glad that Mr. Zelli is more confident than he thought he was. >> We knew it. You just >> Yeah, we you didn't know it. But um no, I would definitely be in favor of it.
Thank you. >> Thank you. >> Would you like to? >> Yes. Uh there are a couple of conditions as vice chairman Grossoff mentioned. There's one condition about moving the shed that was testified to uh the shade
tree commission approval for any tree removal and also uh the requirement to provide an asbuilt survey when everything is is finished. >> Okay. >> An asbuilt survey to the township
engineer just so that we can document what the impervious coverage is as after it's built. >> Excellent. Okay. >> And where everything's located, you Perfect. >> And it also help you you should always have an updated uh var uh >> you should because you're you are removing some impervious coverage and
you're moving the shed. So >> got to see that. >> And changing the footprint of the house. >> Excellent. Thank you. >> So do I hear a motion to approve this? >> So move. >> Do I have a second? >> Second. >> Roll call, please. >> Mr. Aronio, >> yes. >> Mr. White,
>> yes. >> Mr. Zny, >> yes. >> Mr. Zwart, >> yes. >> Vice Chairman Groskoff. Yes. >> Chairman correct? >> Yes. >> Motion carries. >> Congratulations. >> Thank you very much. >> Good luck. Appreciate it. Thank you all. >> Good luck. >> Thank you.
>> Thank you, >> Mr. Rano. >> Yes, sir. >> Would you like a copy? >> Sure. >> You never know when you're going to need it. >> You want your photos? You want more photos, too? You can have >> You might as well take them. >> You want some more photos? >> You might as well take them. >> Okay, you're good. All right, cuz we're
not going to keep them. All right, >> one down. >> We get the next two done in 15 minutes. Buy everybody a drink. >> There you go. >> Yes. What a department. >> Where's my mine? >> I don't mine. >> Uh, I threw away my agenda.
>> Is everybody good to continue? >> Can I use the restroom real quick? >> Sure. Yes. Uh, take a two-minute break here. Use the restroom. That's why I asked. >> Get some water while we're doing that. I'm not putting us off the air. Just >> taking a short.
>> Can you sing? >> No. >> No. >> Tap dance. No. >> Well, we just get everybody ready for the next. Yeah. >> Is Brian for the next one, too? >> Yes. >> Oh, good. Okay. >> Oh, you already got up to All right. >> He knows what he's doing.
>> I know. He's good. I love his uh easel. Two bills. >> We do have one. We got silly one over there. It always falls down. >> Hey Deb, for next year, can we put a real easel in for the budget? >> We have an easel. >> Yeah, it always falls down.
>> Or someone kept taking it, right? You said >> Well, they Yeah, they've taken I haven't Yeah, I >> Yeah, exactly. I haven't >> Well, >> that's intentional. >> Okay. Well, if you want to send me a picture of what you think is good and then I'll order it. >> It's right there. >> Yeah. Brian,
>> that's that's actually an artist's one. >> Yeah, I know. That's why I'm like, >> "Yeah, you can if you if you ever need to go to sleep, just watch us put you right out." >> Except St. Patty's Day. That'll be fun.
>> Yeah, that'll be fun. >> It's a salt tower, too. >> Yeah. >> Good luck, guys. >> Yeah. Okay. >> I don't know. Sometimes these don't work when I'm watching TC. ret.
>> Mhm. >> This one has one. Get ready for it. >> Okay, we're all back. Very good. Okay. Now the next application is >> a bulk variance block 13901 lot 77 zone
R4 82 Hickory Tavern Road application number 25-28Z Gary and Jody Mullen. Uh applica applicant proposes an addition to an existing single family resident. Okay,
sounds familiar. Um Mr. Zelli uh please introduce yourself and >> again >> again >> again. >> Thank you Mr. Chair members of the board professionals Frederick Zelli Postpollock on behalf of the applicants. This is the application of Gary Eders
and Jody Mullen as you've indicated for 82 Hickory Tavern Road block 13901 lot 77 located in your R4 zone. Uh this is an application for a bulk variance for the number of stories in a single family residence. Uh the applicants wish to construct a rear edition to their home,
creating additional living space at the basement and first floor levels for themselves and their three children. Specifically, the proposed addition would host a family room and a study at the basement level and a sun room with an attached partially covered rear deck at the first floor level. The proposed basement level addition will increase
the total above ground above grade rather wall space such that the same will exceed 50% of the total even with the garage excluded as the ordinance has been interpreted. The zoning official has therefore determined that the addition will convert the home into a three-story dwelling under the ordinance requiring variance relief as only two
and one half stories are permitted in the R4 zone. Subject property and the existing dwelling are otherwise fully conforming. No other variance exception or waiver is believed to be required arising from the proposed expansion. I have two witnesses this evening. Gary Eders, one of the applicants and again
Brian Johnson, our architect. >> Okay. Would you please? >> Yes. Please raise your right hand. You've been sworn again for this different application. Do you swear that the testimony you're about to give with regard to this application will be the truth to help you out? >> I do. >> Thank you.
>> And Mr. Eders, uh Jody Mullen, co-licant is your wife, I'm saying. That's right. Correct. Okay. And where do you presently reside? >> We currently live at 82 Hickory Tavern Road, the property in question. >> And I spoiled it and said you have three children, but can you give us some details? >> We do. We have three children. Uh our
oldest is uh 13. Uh our middle is 10. Uh two older boys and then a young girl, six. >> Okay. And you've indicated and have experience as well. Your daughter actually runs the whole >> She does. She runs our entire household. >> Yes. No doubt. >> She's also a co-licant here.
>> She designed everything, right? >> She did. >> That's about right. >> Uh we did submit a packet of photographs with the application. You have them in front of you and they are numbered. >> Sure. >> Uh and you were present for the last application. You know what I'm going to ask you to do? If you would take us through, I'll represent. For the record, I did take these photographs shortly
before we filed. Uh they were accurately portraying what's shown at the time. Please just confirm that they still accurately portray subject to seasonal differences. >> Sure. >> Otherwise, please take us through what they show. >> Yeah, I'd be happy to. Thank you. Uh so, photograph one is from across the street
facing the house. Uh you'll note our yard inflatables. Unfortunately, they weren't inflated on the day uh during the Christmas season. That's a head-on look of the house. Photograph two is uh from the sidewalk uh diagonally facing the house. You can see the twocar garage
uh partially revealed there. Um photograph three is from the bottom corner of our garage looking up at the house. Uh again, two-car garage and uh you can start to see the deck that will be replaced by the sun room ultimately
um as a part of the addition. Um, photograph four is from about halfway down in our yard. You also note the aggressive slope of the yard. That's one of the challenging conditions of what we're trying to build, but you can start to get a sense for the slope and ultimately the layout of the back of the
house. Uh, photograph five is a head-on view from uh, midway down the yard um, looking up at the house. Um, photograph six is a little bit closer to the house where you can get a sense for again the deck that'll be removed and
replaced with the sun room and the extension of the basement coming out from where it exists today. Photograph seven is slightly pivoted from there um where you'll see again the exposed basement which is what I think is giving us the challenge with the lot
that we have here. Um, also our whole home generator, which will not be modified or touched as a part of this build. Um, photograph 8 is again pivoted a little bit further along, a little bit more of a cross-section of the deck and the house.
Photograph 9 has now rotated up into our sideyard, looking at uh the side of the house that will not be touched as a part of this this change. Photograph 10 looks uh I guess north from the bottom of our driveway out
towards um the north and ultimately Harding. It's one of our motivations for the addition is to take advantage of that view a little bit more with the sun room and an extended deck. Photograph 11 is a view of the aggregate backyard. Um which again doesn't really
capture the slope of the photo, but it does uh go aggressively down towards the bottom. >> Excuse me. There. Yes. You have something in the middle of the lawn. Looks like a manhole cutter. >> Yeah. >> Is it sewer? >> That's uh that's storm sewer running through the yard. Yeah. But it won't be
touched or it won't be uh >> need to be modified as a part of the build. >> Thank you. >> Yep. And then photograph 12 is a side view of the backyard. You can see towards the bottom of the yard, it does level out and then starts to ramp up back towards the house from there.
>> And what's the motivation for doing this project? Yeah, sure. Uh, we moved to the house in 2014 from Hoboken when we had our our oldest. We needed more space. We moved there with one child. We now have three and I now work from home two days a week after the pandemic. Um, so space
has tightened down a lot since we've purchased the house. We love the house. We want to stay with the house. Um, but we do want to extend it to have more room for living. Um, I mentioned to the views off the back of the house. There's a wonderful view of kind of the the mountains of Harding. We want to be able to enjoy those more. um from the sun
room that we're proposing uh and ultimately give the kids more space in the basement to play. >> And you've touched on it already, but just in your own words, what what is being proposed, what's being added or enlarged? >> Sure. Yeah. Um so what we're proposing is essentially uh two floors of
extension of the house. We'll bring the basement out uh to extend walk out into a further area from the basement level. On top of that will be uh a sun room opening off our kitchen with windows three sides around. And off that we're essentially going to take the footprint
of our existing deck and just simply push it to the back of that sun room from there. >> And the basement level of the addition is basically going to be the playroom area. >> That's right. Yeah. >> I have nothing further for Mr. Eders at the moment.
Um, any questions of the applicant by the members of the board? >> So, so the whole length of the addition is 35T. >> That's exist. >> Yeah, you have to speak up.
>> Oh, I'm sorry. Yes, that's correct. >> 35 ft because it says here uh 27 extension. >> As I'm looking on the blueprints here, I'm seeing 20 plus 15. I'm looking at Z 103 >> 35 >> 101
>> I see 27 on on the the new edition of it's on the roof 20 plus 15 3 >> Yeah, that's the roof line. >> I don't >> Yeah, that's right. So, the uh the uh deck is going to be partially covered. The roof is going to carry out over the
deck. >> Oh, okay. So, the deck the roof is a little shorter. Uh the roof is going to carry out over the deck a little further. >> A little bit, but the roof's not the whole length. >> No. No. Okay. Yeah. Apologies. >> That's why that So, >> um any other questions from board
members? >> Any questions from the public of the uh uh hearing? None. I close it to the public. Um next one. >> Mr. Johnson, >> I assume you're still qualified. Yes.
And again, would you uh first of all, the plans that you're looking at are unchanged from submission. Is that correct? >> Yes, that's correct. The same plans. >> Would you please take us through current conditions? >> Yes. So, currently, if you look on drawing Z102, uh there are four photographs of the of the house. Uh as you can see from
the front yard, photograph two, the basement level is pretty much uh fully below ground on the front yard. as you make your way out to the to the rear a photograph four. The grade pretty much lines with the with the floor of the basement. Um so it but it's currently
not a three-story home. It's a it's a two-story home. Um our the existing condition right now is we have a garage uh over you can see in photograph one. Uh so that the as the ground slopes down from the street you come down you pull into the garage that essentially you're coming into the basement of the house.
Uh if you look at the existing basement plan that if you walk into the door, you come into a playroom uh which also has a small uh half uh uh bath down on that um down on that floor along with the utility closet. Uh you can take the stairs up to the to the second floor which is the the ground floor the off
the front of the house. And on drawing Z 103 uh there you have the kitchen, living room, so the main area, kitchen, living room, den laundry room and a half bath. Uh and you if you take uh the again the stairs up to the next floor, you have the main bedrooms of the house.
Uh four bedrooms, a master bathroom, a walk-in closet, and a common bathroom um for the full second story. >> And to be clear, because this might be a little confusing, the reason that we're not over 50% now is because most of your foundation that's above grade now is
garage space. >> Correct. Yeah. Yeah. So if you Yes. So if you look >> Where are we? I'm drawing Z102. Uh little under 50% of the ground level is garage. Uh and garage per ordinance doesn't count as
story. Um so the as you drive in over here, um this is pretty much on grade, which is the basement level, but again, it's not not considered story. >> All right. Now, would you please take us through what's proposed? >> Sure. So on the lower level, uh we'll be
coming uh we propose to come out the towards the rear um and then we'll make a small we'll demolish the existing uh bathroom down here. Reconfigure sorry not demolish but reconfigure it to provide a passageway into the into the family room. Uh the family room is will
be approximately um about uh about 19 and 1/2 ft by uh where's the addition? um uh by about 27 or so. Um so this this will be a family room and a and a study. Um then there'll be a a stairs that will take
you down under the under the deck. Uh you can actually see that on the elevation on drawing Z 104. Uh where you can kind of see where the where the grade um question came as you slope down to the to the rear. The the the ground continues to slope away as you get
further away from the house. So whereas you start on the basement in the front, uh you're almost completely submerged below the below grade, as you get out into the addition, we're actually up above grade. Uh we need steps to get down to grade. As you come up to the second floor, uh
the second floor will consist of one large uh room, a sun room. Uh again, uh Mr. Oders spoke of the the view that's to the to the back here. It's a very nice uh area as the as the ground slopes away, you got a very nice view. So, we're incorporating lots of windows, a
large sliding glass door, and skylights to make a nice uh a nice sun room area. Another thing we're doing, we're extending the roof of the main house approximately 7 ft over the rear deck. That'll create a covered deck portion of the deck as well. Uh and then there'll be also an open deck uh beyond that uh
beyond the the covered portion. Uh the stair will then return back towards the house uh where there'll be a pad a walkway that'll connect you back to the driveway. >> And the reason we're here this evening is because we have three out of four walls of the addition being above grade but at the basement level. Is that fair
to say? >> Yes, that's correct. So if you look at drawing Z 104, uh you can kind of see as I was mentioning before uh the the hatched area at the bottom there is where the concrete foundation wall is. You can kind of see where the basement level floor line would be in relation to
that and the grade is below that portion as we go around um we go around that especially on all sides at that point. >> So we don't have three stories at that actual spot but in total >> corre correct >> street level to the backyard we have a total of three.
>> Yes. So, in fact, if you were to look at photograph 4 on drawing Z102, uh, if there were a concern that this kind of looks like a threetory tall wall, um, what actually ends up happening is our addition is a twotory
edition as of right, almost independent of the house, and it actually sort of breaks up that facade. So, it's not a flat straight threetory vertical thing anymore. It's it's an architectural two-story feature. I have uh just to confirm there's no other uh deviate. You don't need to go
through the whole chart, but there's no other deviations from the zoning ordinance. No other non-compliances that you're aware of. >> No, not that I'm aware of. Uh in fact, I I did take the measurement of the where where the grade is right now of the farthest rear point of the addition to the height of the existing roof. It's
coming in at 34T11, which is right underneath the 35 ft required by zoning ordinance. Um, so, uh, there may be a construction tolerance there. We just have to back fill to make sure that we're we don't get over 35. >> All right. >> I have nothing further for Mr. Johnson at this time.
>> Any questions? Board members of their architect. >> Okay. >> Any members of the public have questions? Okay. Hearing none for the public. I'm closing. Um, okay. Last chance. Any questions? Any any landscaping plans?
>> Nothing on the site's going to change in terms of trees or landscaping. No, it's going to be grass underneath the deck. >> Um, okay. I'll just take you through the planning points quickly. Uh, as indicated, this is, uh, has been deemed
historically by the board to be a C variance as opposed to height D6. Uh, therefore, we're looking at your C variance criterion. uh C1 due to the slope of the property which is uh readily apparent just by looking at what we're dealing with here. Uh also
satisfies the C2 flexible C positive criteria uh again for purpose A uh we're expanding the home consistently with the needs and desires of a modern family uh which is benefit to the public health, safety, morals and general welfare. uh and purpose I to promote a desirable
visual environment in this case by enhancing the neighborhood with an attractive newly renovated expanded home that will complemented complement the other updated homes in the neighborhood. Uh again this also satisfies the uh purpose established in homebuilders versus township of Berlin uh to maintain
the uh uh your home stock and your home values which is benefit to all the neighborhood as our board has recognized. Negative criteria is also satisfied as the variance can be granted without sub substantial detriment to the public good or impairment of the intent and purpose of the zoning plan and zone
ordinance. Proposed addition will be largely invisible from the street. Uh neighboring homes are well distanced from the applicant's homes such as to preclude any detrimental impact upon those properties. Uh so we really don't believe there is any negative criteria or any negative effect. Uh we think we've satisfied both the positive and
negative criteria both C1 and C2 uh criteria. We thank you for hearing us and we'd appreciate a positive vote. >> Thank you. >> Cherry, would you like to start? >> Sure, I'll start. I think it's a good application. Um, it's our quirky uh zone ordinance that we talk about the
stories. It's really not a story. It's just the way we measure it. So, I think you're looking for relief for something that's not like you said, it's not violating our height or it's not really a story. It's not going to appear that way. It's architecturally designed to look like two stories. I think that's definitely an added benefit. I think
it's it's beneficial to the neighborhood. >> J, would you put your microphone down to >> Yes, it's um it's going to improve the neighborhood. Um it's a great it's going to be a great looking addition when you're finished. It's really nice. Um it does not trample or or any way it's no
no negative impact on any of our zoning ordinances or or plan or anything. I think it's a good application. I'd be in favor of it. >> Okay. Um definitely be in favor of it. Um, I think you could definitely use the extra space as you said. Um, I think it
will be um, a great improvement um, great improvement to the neighborhood for property values and um, enjoy that long on that deck. Thank you, >> Alex. Uh, it's a significant addition to the house, but it's been very well
architected in in design and in and content. So, I would definitely be in approval of it. Paul. >> Uh, yes, I'd be in favor of it. Also, um, looks to be a perfect setup for a, uh, addition to the back. You won't even see him building it from the front of
the house. Pretty much, it's really going to be no impact for neighbors. And when you're facing the house, there's nobody on your right. There's nothing there. So, I think it's a great plan for the house. And, uh, good luck with it. >> Thank you. >> Uh, I really like Mr. Johnson's work on on
making this not look like a three-story home. And yet it's going to be very well suited to you. I really really like the caner lever roof over the deck. Very much gives me an idea. I don't have to pay you for that, do I? I hope not. Um and I will very much be
in favor favor of this good addition. Thank you. >> Thank you. >> I concur with my fellow board members. Very well presented. I I like the architectural design. Uh it's going to make the house more useful. Um, you know, it's funny when they build houses sometimes uh one way, but when you live
in them, you need to change them. So, I think this will be a good addition to it and it doesn't detriment any part of the neighborhood. I think it's positive. I'll be in favor of it. >> Thank you. >> Condition. Yes. >> Uh, yeah. Are there the only
>> the only condition I I can think of is uh something that the uh township engineer mentioned in his just this cursory review that because uh we're talking about grade uh a lot grading permit that will be reviewed by the
township engineer. So that that's the only condition >> was that this >> Yes. >> Yeah. >> Yes. >> I don't think I saw comments from the township. >> No, he didn't provide comments for it was just generic, you know. Yeah, >> he didn't want to add the cost to uh
>> Understood. >> That's it. >> That's it. >> That's it. >> Uh do I hear a motion to approve this uh application? >> So moved. >> I had a second. >> Second. >> Roll call. >> Mr. Zadznney? >> Yes. >> Mr. White? >> Yes.
>> Mr. O'Neal? >> Yes. >> Mr. Zark? >> Yes. >> Vice Chairman Groskoff? Yes. >> Chairman correct. >> Yes. >> Motion carries. >> Thank you all very much. >> Congratulations. Good luck. Appreciate it. >> Yeah. Good luck. Have fun with it. >> Thanks for your time.
>> Sure. >> Thanks for good application. Appreciate it. >> Beautiful plan. >> I will. >> It's going to be a gorgeous house. >> Beautiful house. >> Beautiful view.
>> This is three or number two. Okay. It's nice. >> Very nice. >> Breaking. >> No, I don't think we need another break. Do we guys? Everybody needs Everybody good? >> Okay, just two minutes. We have a little
bathroom break. give you time to coordinate. >> I might take advantage of the two minutes myself. >> Yeah, >> that's that's his neighborhood. They're all nice. >> All those That's a nice shirt. >> Fred, does your does your client want an
extra copy of You can have it >> ideas tearing that wall down. >> We're building a canal levered uh patio with >> ideas. >> Yeah, we're done. We're done forever,
right? Hope you never say forever, but >> we did it. How long ago now? I think it was 10 years ago. What am I saying? >> 16 years ago. This week we tore we tore our house down.
And because we were combination of those Z walls and stuff, you know, we had that in our attic and kids came in the inter room and I'm not like a closed closet guy, but like I was gonna have this closet with a slam through it. I was
just like, "This is ridiculous." >> Took us years. >> I'm happy. told me so. >> Okay, I'm not going to argue with you. >> 26 years old. >> Our house is showing signs of wear, but
like I said, it's it's all of a sudden 16 years old. >> It goes so fast. >> Well, that one that we built ours, I guess down >> you're the original owner. >> Yeah. >> Okay. So, you built that? >> Yeah. >> Okay.
And so it's was built 87. >> Yeah, I remember when >> about 15 years ago. That's when we were like taxes today. >> How long ago was that? >> 15. >> Okay. I don't want to think about that. >> And we did it really then because I said let's at least have
>> We're going to get hit so hard this year. >> Well, you have your own business, right? >> We have Well, that's what my wife just said. She she said I can't even tell. She'll kill me people. >> My husband's been on a 10 years. I was
like >> the only thing I ever did was my little youngest. She had Barbie dolls. >> Oh, true story. >> Yeah. I can't deduct my It was exactly what it was. Her friends would come up there if she was having a bad thing, you know, with the boat. That's
it. >> You know, by the way, I want to say, you know what? My back is sore. I'm sitting because We paid >> We don't even use >> We have one of those down >> and it cost more than what you got back. So I took it.
>> You get anywhere. My wife used to use it. She used to actually go in there. >> And you're lucky that your mom and dad does that. And it's beautiful. It has windows to our backyard and the wood and skylights and everything else. >> You have a girl, right? >> Yeah. That's lovely. >> Six months old yesterday.
>> Yeah. >> I said to her one time, >> you got a recent rather like a shower there. Our shower has no windows, but like she's she didn't want windows. She don't want the shower in the back, but she didn't want the wood to get wet. But I was like, I'd rather replace the window.
>> I remember that. >> Yeah. Then they said she wanted she got she said she wish Yeah. We redesigned ours. >> We made that really small and made the shower pretty >> because I came from our old shower. I
was in a suburb. I couldn't like wash my hair and I'm not that big of a guy. >> I didn't sleep for like two years. >> It's like it's like you hit the lottery when you sleep at night. >> She got three hours. When my daughter was born, she she was 10 pound
teenage years with this. >> She doesn't like to clean >> cops at my house. Oh, my daughter. >> She gave us a run for her money. >> I mean, she ended up great. >> She She cleans the little jet things with cute. Don't worry, when you hit
your'll be anyway. I've run bleach coaches. You're not supposed to do that. I just run bleach. >> We've been on the air. So, >> oh, we have >> Well, all right. Reconvening. Uh, we have the next uh application is
block 13502, lot 7, zone R4, 150 Gates Avenue, application number 25-23Z, Antonio, and an Mayo. May >> I'm sorry. Thank you. >> Okay. Applicant seeks variance for imperous coverage relief for a pool,
expansion of the driveway and PA patio. Is the applicant present? >> Applicant is present. >> Mr. Chairman, members of the board, board professionals Frederick Zelli Post Pollock on behalf of the applicants, uh, Antonio and Anna Mayo. Did I say right?
>> Uh, this is for 150 Gates Avenue, block 13502, lot 7, also located in your R4 zone. This is an application for bulk variance for lot coverage in part attributed to the proposed installation of an ingground swimming pool and in part may culpa attributed to completed expansion of the paved driveway uh and
installation of retaining walls and a pa patio and and walkways. Property currently hosts a single family ranchstyle residence with a frontload basement level garage, PA patio and a 198 square foot storage shed. The applicants wish to install a modest 512
foot inground swimming pool in part replacing a portion of the existing patio area. The applicants seek a bulk variance for lot coverage of 36.4% where 25% is permitted and 34.4% currently exists. Property is significantly
undersized having only 74% of the required lot area specifically 14,833 ft where 20,000 ft is required in the zone. Uh just one witness this evening, Mr. Mayo himself and uh I will indicate the photos I'm going to show him
momentarily were taken by me shortly before filing the application and they were accurate at the time and I'll ask Mr. Mayo to confirm that they still are >> and unless there's any questions right >> the testimony to this application would
be the truth so you got >> yes >> Mr. My uh uh Anna, is your wife your co-licant? >> She is. >> Okay. Uh when did you purchase the property? >> 2012. >> Okay. You have any children?
>> Two children. Uh 14 and nine. >> Okay. Sons, daughters, both. >> Two daughters. >> Okay. God bless. >> Thanks. >> I need it. >> I know why you need to pull two daughters >> for the older one.
Uh we did submit a packet of photographs with the application as I've mentioned. Uh you were here for the last two applications. So you saw how how this works. >> Yep. >> Okay. If you would please take us through, please confirm that these are accurate and uh tell us what they show. >> Sure. So
photo one is the side picture front of my house, the right side looking from the neighbor's house. And it is accurate the way it is now. Uh, picture two is directly in front of my house. That's how it looks now.
Uh, three is on the left side of the house. That's how it currently is. Four is of the driveway looking at the garages. Five is the side steps going up to the front door of the house. Oh, in the
retaining wall. And then six is the top of the retaining of the steps on top of the retaining wall going into the front going to the front steps. Seven is the levelst part of the
driveway right in front of the garage looking at the other retaining wall on the right side. And there's a set of steps going to the side door of the house there. That's the right side of the house. And right there is the side door going into a mud room.
>> What uh what the what's the number on that? >> Eight. Sorry. Nine is a picture of the backyard from the top level looking down. When we speak of the patio, that's
what's portrayed here with the uh >> gazebo. >> Gazebo above it. >> 10 is on the first level of the backyard. >> We call that the patio level. >> The patio level.
11 is a picture of the second level of the backyard looking down to the first level set of stairs. 12 is the opposite on the left side
again. Uh the patio level looking down straight across. 13 is I'm guessing it's you're on the stairs, right? >> Actually, yes. >> Yeah, you're on the p the stairs that are in front of that patio door. >> So, those are stairs that go down to the
patio from the house. >> From the house. >> 14 is the same picture but straight looking straight ahead looking at the stairs that go up to the second level of the patio of the backyard. 15 is
from the top of the stairs. Again, just looking to the right side, the patio level. And 16 is a picture of drainage that runs along the whole patio.
>> Where does that go? So that gets got tied into existing drainage pipe that was there that goes to the street. >> Yep. And that's my shed. >> And that number is 17.
>> Oh, 17. Sorry. >> Um, we have in our application materials that the shed is 198 square feet, which is just two square feet less than what could trigger a barance requirement. Do you know that for sure that that >> I don't know for sure.
>> Okay. So, it's possible it could be more raised that issue that might be a little bit bigger. >> It could be. >> Then >> is that is the size on the survey? >> No, >> I don't think it now. It shows it.
Let me see if we >> I'll just have a picture of it. >> That I don't think we noticed the variance for because I did not know that until we read Mr. Buch's comments. >> I'll just double check. >> No. Um so we would look to amend as a precaution in case it does turn out to
be slightly larger. >> So that would be the second >> doing a round up. We can do that. >> All right. >> So, rounding up to 37% rather than the 36 that's being
requested. 36 >> that would make sense. Uh but also we probably should uh ask for that additional variance too for a shed being more than 200 square feet just in case it is. >> So, it's either >> Okay, >> it's either 120 or 144. I got to
measure. It's either a 10 x 12 or or a 12 x 12 >> somewhere. We came up with 198. >> Okay. I'll double check. It's smaller than that. >> 12 x 12. >> I mean, if you you're certain it's less than 200 then we >> I'll measure it. >> Is it 200?
>> Yeah, I'll follow. >> You're way under 140. >> You have to be under 200. >> It's way It's under 200. >> Okay. Then we're fine. >> You're way under then. Yeah. >> All right. Okay. Let me show you what. And this was in the packet. I'll just hold it up for
the board to see what we're looking at. Uh it's just marked up version of the survey. It is in your package four sheets down or so. >> I'll ask you to take a look at this. Did you draw this or did someone do it for you? The the markings?
>> No. Um Morgan Engineering drew it up for me. >> And did that these handwritten >> Oh, those handwrittens was another engineer. >> Okay. >> Yep. Um, but do you agree with those measurements that are noted on there? >> Yes. >> Okay. So, let's take a look at it. Um,
what's labeled pool, that rectangle is the area where you're proposing to install the new pool. >> Yes. >> Yes. >> Okay. And 13 by I'm sorry, 16 by 32 for a total of uh we had it elsewhere 542 I believe. Is that accurate?
>> Yeah. >> Check the math on that. 512 I'm sorry. 512 foot pool 16 by 32. >> Sure. Yeah. 16 by 32. Yes. >> Uh now looking at the location, it's
covering your tiered retaining wall. >> Mhm. >> So if you're placing it in that position, would the pool itself be at the upper level >> with retaining walls keeping it up or down at the patio level with retaining walls surrounding it or the backyard?
How are you proposing it? >> Um, >> patio level or shed level? >> Probably shed level. >> God, sorry. >> So, it be higher. >> It'll be higher. You can have >> swimming pool. >> Mhm.
>> Okay. >> Do you have >> Going back to the shed, Mr. Zelli, for a moment, >> you may need um relief because I just looked up the ordinance. It's the maximum size shed is 100 square feet, not 200. I don't know where I go. 200, but I'll ask I'll let Deb address that.
Have we been just doing variances as a housekeeping matter on that or what have we been doing? >> Uh, yes, pretty much. Because the UCCC is 200. So, the the code, let's just say if they're in front of the board, right, >> we will we've been uh granting it.
>> That's fine. Um, if they don't come to the board, I'm, you know, if it's just for a shed that's coming to me as a zoning officer, I'm not sending them to the board for a 200 foot shed. >> Exactly. >> Exactly. >> Actually, if I can add a housekeeping, >> if I could add a house, >> I just went through my if I could add I just went through my personal house and yeah, it's under 200. It could be 19 and
a half by 10. You're good to go. You don't even need a permit. >> Right. That that's for UC. We have to change the ordinance. >> Yes, we do have to change the ordinance. That's good thing we're talking about it now. I will bring that down. No, where I got the 200 was the UCCC. Uh, and it it
cannot be more than 25 ft high also according to the ordinance. >> Oh, I think it's 20 feet. >> 20 feet height. >> That's okay. >> I would never know that, but I just >> refreshing your memory. >> Oh, we're talking about the sh I'm thinking it's aight five foot high swimming pool. That's pretty far. >> No, no, no, no. Rebecca,
>> it's just I just went through it. >> Yeah. >> Okay. Uh before we start speaking about the impervious coverage, I just want to ask you uh the board will typically require you to have downward facing uh lowle lighting on a swimming pool, underwater landscaping, that kind of
lighting, nothing that would disturb the neighborhood. Do you have any condition like that? >> No. >> All right. So, we're here because of impervious coverage. Uh and some of it results in something that's already been done, a few things that have already been done. So, we're here on kind of a mayopa basis. We're asking for
permission rather than uh forgiveness rather than permission. Okay. So, let's discuss what's there, why it's there, how it got there. Let's talk start with the driveway. >> Sure. So, the driveway uh my retaining walls were falling apart. Uh they were
leaning towards the driveway. You know, I have little kids and everything. So, >> what were they made out of? >> They were made at So, they were made out of uh just s the one side was cinder block, the left side. The right side they just put stones,
>> stones and rocks together and cement like >> they were unsafe. >> They were especially the left side, believe it or not, the stone side held up way longer than the cinder block side. Cinder blocks were falling cuz it's higher, too. >> Yeah. >> So,
>> and so what did you do? >> So, I decided to replace the retaining walls. So when I did that, my driveway is narrow with kids, even adults, trying to park two cars next to each other on top.
You're they were always hitting the cars and dinging up the doors and everything. So I was like, I'm going to extend it like two feet. So that's what I did. I widened the driveway two feet on the right side. >> Did you uh obtain a zoning permit when you did that? >> I did not.
>> Okay. Did you know that you needed to? >> No. Um the and technically it's in the roadway and not part of the application but just for the board's reference the parking area that's parallel and adjacent to the street itself was that already there is that something >> no the idea that I created so I got the
idea from actually my neighbor has the same thing but his is on a level plane and the neighbor parks there cuz they're on a hill. My daughter is going to start driving soon. and I need
somewhere to park her car. My in-laws might move in with me. So, instead of lobbying and cars and jocking cars up and down my driveway, if I can, I made those two little spots there so someone could park there when they come and
visit me for a party or whatever. The other reason is when it snows. So, various times I work for the utility company, so I can I work all crazy hours. So when it snows, if I park and don't clean the
snow, I've had my truck slide down my driveway various times and I wake up in the morning and it's in the street. So those those two spots right there help me. You know, I pull in, I clean my
driveway, then I park my cars because or else I'm I'm happy nobody got hurt when that happened. Alice, talk about the patio and walkways, the other PA areas, and also the retaining walls because they kind of go hand in hand.
>> Sure. >> Tell the board what the property was like uh when you first bought it. >> So, when I first bought it, it was all broken up and overgrown. Nobody had lived there for like three or four years. Um, so immediately after, like a
year after I moved in, I had enough money. So we redid the patio and the walkway. >> So what kind of patio and walkways were there when you bought it? >> It was a mismatch of stones and slate
and whatever I guess he could find to put all over the place. He did have a re a retaining wall in the back there made out of cinder block, but with time it just it was just like collapsed and full of dirt. So, and then we put the paper
patio and the Allen block to make the retaining wall >> and the fence >> and >> and the fence. >> Oh, yes. Yep. >> Was the original patio area approximately the same size as what you have now or did you enlarge?
>> Approximately. It was hard to There was like rocks and stuff all over the place. So, it was cleared out, but it was like It was a mess. >> And the PA sidewalk going from the front to the back along the right side of the house was there. >> It was more or less
>> there at the time. >> Yes. More or less there. Yep. The only thing I added that wasn't there is where I have in picture in picture eight where I have that little um enclosure under there. It was it was dirt and I
added that because that's where I put my garbage cans and it was uh they were getting all muddy in the winter. So I added that little piece. >> And again when you did these improvements you did not obtain a zoning permit at that time. >> No.
>> And you were not aware that uh were you aware that you needed one? >> No. I have nothing further from Mr. Mayo at the moment. >> Do you know if there's any impervious coverage problem with this lot >> considering the additional
>> Yeah. What's the cover stolen? >> Yeah. Did you figure that out? What's the impervious coverage? >> We are looking at should have our application. So there's currently 34.4% and with the pool we would be up to 36.4.
>> They do need that. >> Yes. >> And and what was the uh impervious coverage or can we estimate prior to all these additions changing? >> We can estimate. Just look at the survey real quick.
You testified that the patio, the walkways, those are pretty much the same. So really, we're talking about the length of the driveway >> width. >> Well, the length of the driveway is the additional width. So additional width is another. >> No, this is up to date the way it is now.
>> Right. They're asking for So you enlarged it, right? >> You went, you said two feet, I believe, >> more or less. Yeah. >> So two feet times 50T >> 52 50. >> Okay. So approximately 104 square feet
addition. >> And what about the parking area down by the road? >> That actually doesn't count because it's in the street right away. >> It's in the right way. >> And Joe's comment number four. I think you want to that be up to you to say. >> Have a question about the driveway. It
says gravel driveway with with blocked walls >> on the plan >> on the survey. >> Oh, that Yeah, the survey was done >> before I I uh >> black topped it. >> Okay. So, it was originally gravel.
>> It was gra Well, no, it was black top. Then >> the retaining walls were put up. Then I went to Then I found out I needed a variance. >> So, it was taking a while. And then I called Joe and Joe and I was like, "Joe, can I black top the driveway cuz I it
could take up to 6 months and I don't want the retaining walls to cave in." So he said, "Sure, as long as I file for a variance." >> Okay. So this is the plan that was for >> the retaining wall project
and it showed at the time this was done this this point in time, it was gravel. That's one. Go for it. >> When I did the When I did that, when >> you did the survey survey? Yes. Yes. >> At the time that I did the survey. Yes. >> Okay. And our engineer authorized you to
pave the driveway. >> Yes. >> Under the knowledge that if the board had to deny it, he would have to take it out. >> Yeah. Rip it back up. >> It's b Excuse me. So, it's basically under 400 square feet. What? Yeah. If it's only 2 feet and it's 50 ft and
you're about two less less than 400 square feet. So less than 400 square feet they usually don't >> need anything. >> Anything under 1,000 square feet you don't you don't need. >> I thought it was 400 feet. Okay, that's even better that he's way under that. >> Between 400 and a,000 depending on the there's other things that
>> I thought there was a 400 square foot. >> Yeah, I thought it's 400 too. >> We changed it a couple years ago. Okay. for lot grading purposes >> because families that were coming in, you know, with above ground pools because the pool surface is considered water >> were getting hit pretty hard with a lot
grading permit and having to do a dry well when it was unnecessary. >> Yeah. >> So that was changed a couple years ago to a thousand. >> So he's way under it anyway. >> Yeah. >> Lot grading permit. What about area of disturbance? Is that what we're talking about? The same >> area of disturbance is over anything over a,000 and I believe it's 1500
square feet for our ordinance. It's 5,000 for the county. >> Okay. >> Wow. Big difference. >> Mr. Zelli, just to bring it to your attention, our engineer pointed this out in an email to us that uh >> and I do have that. If you want to reference the paragraph, I can >> Yeah, paragraph 4.
>> It says uh that your parking area in the rightway requires approval of the township committee for an encroachment and a license agreement which indicates the maintenance responsibilities are on the property owner, not the township. Alternatively, the committee may elect to require the improvements be removed
and the alarm belt in the rightway be restored. So, we can't deal with that tonight. That has to be done through the township committee. >> Understood. And we have no objection to a condition of approval reflecting that we need to do that. >> Fine. If if you intend to keep that. Yes.
>> I'm familiar with that. So, what he has to go to the the town >> committee and they got to say yes or no. >> Yes. For that part that he made for the parking. And I understand his reasoning. It's just blame right across the street that people do to say it's a tight street >> in a neighborhood I know. >> Yeah.
>> It's a busy street, believe it or not. Everybody cuts through there to get to Berkeley Heights. >> True. >> Right across the street from >> I go the other way. I can't hear that. >> I waved at you and I went I don't know why you know that.
>> While we're looking at Mr. Gu's email. >> Uh, paragraph number six, we've already discussed uh you're going to request a housekeeping or precautionary, however you want to phrase it, variance for the size of the shed. >> Yes.
>> Uh, I highlighted number 10 as well. Um, which council you recognized bounding up on the impervious to be safe. >> Uh, we do agree with that request. >> 37% >> 37% would make sense. Yeah.
Uh, we have no objection to an asbuilt survey per number. Well, now after the pool's installed, we have no objection to an asbuilt survey for that. That's right. >> I have a question though. You said the pool is going to be on the height of the
highest higher point of the patio. Correct. >> Yes. So that would necessitate a fence around one of the sides of the pool because it that would be basically a wall there, right? >> Typically they would have that.
>> I wish I had an engineer right now because I know there are rules. >> I know there are rules about when when it's a wall when you need the fence above it. Obviously, we'll comply with whatever state law requires. >> Yeah, because I would want to put one just cuz >> Yeah. No, the top you definitely need it. The question is the top on the
>> Oh, on the other side. >> Well, you need to fence off a pool anyway. >> Can we just defer to Joe on that? Can we say one? >> Oh, yeah. I'm just saying that two reasons you defense. One may be because of the height of that wall. Two, because you need the fence around a pool for safety reasons. So, that we would rely
on our engineer to >> Well, actually, you're relying on the construction code. >> Construction. Yes. I just wanted to point that out because I noticed that you are Oh, are you intending to put in other sets of stairs to get to that level to get to that to get to because you you're taking
out your set of stairs. >> Are you going to put another set in? >> Would you just >> Now's the time. >> Yeah. >> Yeah, probably. >> Where where would that be located? Because it's not indicated on your drawing. Uh >> that's true. >> Coverage.
Unless it's a >> I mean would you put it to the left? Would you put it to the >> probably to the left? Well, you got that peril to the right. So you don't want >> that that can move. >> It really doesn't matter where it goes to be honest. Left or right. >> It matters a little bit to us. We want to know what it's going to look like.
And >> yeah, >> I mean uh I noticed that right away. You eliminate your stairs. So you really don't have a >> way of getting up to that level anymore. Can't put it right next to the uh property line. >> No. >> He can move there or there.
>> Either way, >> would you put it where the percolator is now or the other side to the left? >> I would say probably the other side >> to the left. >> To the left. Okay. So, you'd put it on the side where the shed is? >> West side. >> West side. Yeah, that's the west side.
Okay. So, that would be a set of stairs that would all also be subject to the construction. official on the the way it's built and the way they're >> so then are we potentially running into even more of a coverage issue with that
stair set >> don't know that's >> I mean it it shouldn't be that much more >> as long as he's under thousand square feet right >> no no for the >> entire perious coverage >> right the percentage. He's up to 37 now. So,
>> Right. Right. >> You know, we wanted to know whether that's going to change it to 37 point something or whatever. >> My mistake. >> Yeah. >> Let's see here. Let's just see. So, 37% This would be
We're not done with it yet. >> I know. Thank you. Thank you. >> 54.88 square feet. >> Is that for the step you said? >> So, and then what we noticed for what we
asked for was 53.99. So you're looking at 89 square ft is the only leeway. If we go up to 37, we're only covering 89 square feet. >> So you have to increase 37. I'm not quite following here.
Well, if we if we round up to 37, that gives us another 89. >> Oh, you're covered then. >> So, I'm trying to figure out if that covers a stairway or not. >> Okay. Does it? >> It's probably three foot step by >> three at least three. >> Five steps maybe.
One, two, three, four, five, six, seven. >> Three wide. >> You're good. >> Yeah. >> You're good. >> Figure even 30 feet. You're good. Okay. >> Uh, and as we've been thinking about this, um, if we're going to have a fence
on the top of the wall, I'm thinking the application we have with Oliver for Greenwood They had a similar swimming pool where it was up and then the fence on top started creating fence height issues >> because of the fence being off the grade level or
>> because the fence because if you combine the wall and the fence is well over >> the total height was more than was allowed. >> But you >> but the fence isn't >> Yeah. There I don't think we have a height issue. I think it just needs construction permits. >> Yeah. Because the fence is the grade
level for the fence. >> Yeah. If you're putting a fence on top of the retaining wall, even if I mean you can somebody can put in a 10ft fence and >> as long as not the front yard, right? >> As long as it's in the front yard, right? All you need is anything over above above six feet requires construction permits. >> So in this case, it would just require
>> I don't remember what we >> I thought that was the variance we had for that one. So long does not have a fence height. >> No, you you're saying Olivivera? >> Yeah, I'll look. Ricardo Olivera 38 Greenwood. >> Yeah, let me look. What did we do on 38 Greenwood?
>> Yeah, take a look at that. >> SW >> Construction permits shall be required. Fences that exceed six feet in height. >> The fence exceeds >> the fence itself. The >> fence itself, >> right? Not what it's sitting on. >> Right. >> But the fence will be four feet.
fence would typically be four feet usually >> swimming pool safety fence >> and that that is the grade for the property back there right >> unless we were just concerned you know what it might have been we might have only been concerned about the wall height itself that might have been more yeah it was the wall height itself that required the fence
>> government proposed pool safety fence well you you you had a question about the size of a safety fence because our code has it higher I think than what's required by UCCC Correct. Our code has it at six and UCCC
I believe is four. Is it >> four is the normal? Yeah, >> I think so. Existing shed on the >> six foot >> pool safety fence to stand >> at an effective Okay. So, the bulk variance to permit the proposed pool safety fence to stand at an effective
height of 9 feet where is the maximum permitted height of a rear yard? >> That's what I'm remembering. >> I don't It says eight feet. I don't >> know this. >> It says pursuant to section 154.1D.
>> I'm looking at that right now. >> I don't. >> Either way, you're not over 8 ft. I don't believe >> even though the fence itself is considered the grade level where it sits is the from that point up. >> No, but see that was that was the issue as she just read. We were we were
counting both >> as a fence. >> The wall plus the fence. We're looking at that total height because we they weren't proposing a 9 the safety fence. >> Okay. >> Yeah. >> Set the fence back. >> Yeah. >> Rather than set this in 12 in. >> Yeah. 12.
>> They're 12. >> They may not be able to set the fence back depending on the height of the retaining wall. >> Because the UCC dictates depending on the size of the wall where the fence has to go. >> Yeah. No. And that was changed. I I do remember that we did change it to
uniform. Yes. >> A fence that conforms with the UCCC. Fences located in front yards that abut a paper street may exceed four feet in height with maximum of six. Okay.
>> So if these blocks are a foot tall then we're looking at about a seven and a half foot. >> It's still good to >> height from still good because it's 8 ft. >> I mean I it's up to the board but I don't I don't believe so on top of that. I don't know even know where this came from. >> I don't either.
>> I I don't think you're going to I don't think you have a problem if you put a 4 foot fence on top of >> 54.1. >> Okay. >> Front yard 4 feet, side or rear yard 8t. >> 8t. >> Oh, it is a maximum 8t.
>> Right. But that was the issue was they were combining the >> we were combining the two. >> That's how we came up with what D just read. comparison for some reason >> when it was combined it was nine then that would have exceeded the eight will this be over eight
>> yeah because the wall itself is seven and a half and you add a 4ft fence >> I I don't know if this works but what if the the fence was set back say 4 in off the wall so there's a strip of grass 6 in whatever it is so now it's on grade >> right
>> and you'll have a 4ft fence and then a a seven foot drop >> it depends >> the way it looks here where he drew it >> it's kind of hard to do that where this pool's going to be. >> Yeah, it is. >> Cuz the space between the house and the pool. >> Yeah. You won't be able to do that. >> I No, I thought it was further back.
>> It is. >> Well, it's it's almost right out the back door. >> Yeah. And if we push the whole pool further back now, we're even more impervious. >> Yeah. Right. >> Right. >> Um Okay. Well, whatever variant you need, I is for the fence. >> Yeah. >> I think we're safe to the safest way is
to put it again. I'm not >> Yes. Yeah. I mean, I this is very confusing because uh I I think the fence is I think the fence what's on is grade, not necessarily I don't I don't think we should be counting the wall, but um
cuz I don't even know where the how tall the wall would be there. >> All I know is your engineer and planner were sitting here for that one. So, >> okay. Yeah. >> So, okay. >> Maybe just to be safe, it'd be a good idea to go. >> Yeah. Yeah. Okay. I I think that that paragraph can be interpreted because it
does say fence wall or hedge. >> So >> wall plus fence equals 9 ft. You're saying >> uh wall plus fence is going to be almost 12 >> almost 12 feet. >> Okay. >> Okay. >> Well, this is an accessory fence. It's
also safety fence and it's required. You can't get away with nothing. >> No, you can't. You got to have a fence around a pole. >> Well, the wall also something that's a 12 foot drop. You need a You need >> Oh, yes. >> Depends there too. Yeah. >> Yeah. >> Absolutely. >> Well, it's only a 7 foot for the wall.
>> Yeah. Either way. >> Yeah. >> Well, the variance would cover that too though if it's >> there. >> I have a question. Let's just say I get somebody out there and they tell me it's a million dollars to put this thing on top on the retaining wall. Do I have to
tell the board today it if I want it on the bottom or on top? >> I I that I'm not following you. You mean the height of the pole? >> The height? Yeah. Let's just say >> like I said it's going to be on the second level. No. Yeah. Yeah. Yeah. No. No. I'm not talking about the fence. Let's just say
>> I get a contractor out there and he's like, you know, gives me a crazy price and I say, "All right, then just put it even with the patio." Now, >> I don't think it would change. >> It would change. could change your testimony, but it wouldn't change anything. >> It would just change the grade around
the coverage. >> Yeah. Yeah. No, I'm saying but for the board like >> the coverage would be the same. >> Yeah. >> The cover >> the fence variance would be a point. >> If the pool is positioned where you drew it >> depending if it's here or here at the top, >> you'd still need a fence.
>> It's depend. If the pool is lower, >> it would almost be like under in the ground. It would because it have it would have a a natural dirt around it. Yep. If it's higher then it would be level with the upper yard. >> It would be different but it wouldn't
change any relief. So I wouldn't think there would be a reason have to come back to the board for that. >> Okay. We're going to give you I mean if we if we deem to we give you the variance for the height of the fence with it on the higher level. >> Okay. So, we're coverage 37%.
>> Um, shed size >> and then fence plus wall not to exceed 12 ft. >> Yeah. >> And then the condition of removing. By the way, I just figured out why I forgot about that is because the eight feet the
height was added last year by ordinance. >> We added that last year. Okay. >> Forgot about that. >> Which one? >> For the fence or >> foot height? Ah, yes. >> Okay. >> We added it last year. >> You can go up to eight feet. You're saying?
>> Yes. We never had a height requirement. I mean, a height limit before. Yeah. >> Other than over six feet for construction permits. >> I'm sorry. >> Last year when we revised defense ordinance >> Yeah. They added that 8 foot height max. >> So I'm assuming that it was the planner that um for that other application that
you were discussing, it was the planner that called it out and it was C variance said that that was granted for that >> exception. Okay. >> Um >> and it nicely avoids you getting a whole bunch of applications for >> exceeding six feet when people want deer
fence that actually works. Yeah. >> Well, there are exceptions to to that rule in uh >> the ordinance. >> I take it the audience is your wife. >> No. Okay. I'm sorry. >> Does the audience have any questions of the applicant? No. Okay. >> I do. I have a question.
>> No, I'm I'm just closing it to the audience. >> All right. Go ahead. >> Um you you have um an existing drainage solution for your for your yard and it it it channels the water downhill to the curb. Um, have you thought about any
type of groundwater recharge? You have an an intensely covered property and you're going to compound that with this application. >> Um, have you thought about some type of seepage pit or something to bring the water into that? You're going to you're going to have a back hole on site anyway.
>> Mhm. >> I have not right now. No. >> Would you be objectionable to that? >> No. If that's you know that's what it takes. >> Where would it could be located? It would have to be on the front left side. Yeah.
>> Over where you putting this. Okay. On that side, that's where you have the most room. >> Yeah. >> The actual front. What's What's the actual front yard on this propert? >> Yep. >> Front left. >> Is that where you would bring the construction equipment in anyway? It looks like that's the right the side that you would do that on, right?
>> Room to bring it in. >> It would have to be on the front left side. That's the only the only space that it the only >> room you haven't >> room that I have. >> Okay. >> So, you could put something on the side of the house which catches the water from the rear. >> Yeah. >> Do you know where your sewer line runs?
>> Right there. So, if you look on picture three, >> you see that little brown dot there right behind the retaining wall? That's my sewer cleanout. Can you just point to that on your copy of your page three? >> It's hard to see, but
>> yeah, that's a good start. >> Got you. I see it. Thank you. >> And my water service there, too. >> But that's coming that's coming straight to your house. That's not to the left over here, right? >> Yeah, that's straight. Okay. >> So to the left, you do have room to put something in there. >> So you'd have to put it between the
between those lines and the left side >> and the neighbor >> somewhere in there. Well, that >> our water lines right there at the edge of my house. >> Yeah. You'd have to uh have that approved, the design of that approved by our engineer. >> I have a question. Have you had any
water problems at all? Like your basement floods out or anything like that? >> Nothing. >> So, your water pretty much drains naturally the way it is. >> Yeah. >> Y I mean, >> well, the trench takes it the trench takes it out to the road. You said? >> Yeah. that whoever did it, there's a
pipe that runs from the back all the way to the front of the house >> and your uh retaining walls >> has drainage. >> I was just going to say, do you have crush you have crushed >> with the perforated pipe? >> So that that'll take most of your stuff naturally into the ground. >> I'm looking at point source storm water
management practices and I think that's >> the best practice in something like this. That's a good point. >> It's so much over lot coverage. That's why if it was a minimal I I would I wouldn't be a stickler on it. But it's >> Let me ask this. Could we phrase the condition in such a way that if Mr. Buch determined that it did not make sense
for any reason or would not accomplish the mission? >> Yeah, we could leave it up to our engineer. >> Well, I I think we should more delegate because that's a board that's a board decision. I think >> um it's it's what type of instrument whether it's um whether it's some type
of rain garden or whether it's some kind of retention. I think that's an engineering question. I I would be okay with deferring to him. I agree with you. But I think the the fact that we whether we want to ask for one or make it a condition of approval. I think that's a board decision. >> Yeah. Our our condition would be that we
need some sort of water retention and the design would be something that our engineer would we work with you to determine what would be most efficient. >> I mean, if I may, I live in that neighborhood and the water table is insane when you have a high water table
as it's rising up. >> Yeah. Um again on your block Milton there's guys that were told to put the uh dry wells in and it ends up it water actually I'm trying not to disagree with you but it's Gates is higher like 200
feet higher than Milton so the water my point my point is it's like any place you familiar with Gates I know you're from the neighborhood too uh >> when you're coming up gates from uh Mitchell >> um to the right they have an orangeberg pipe there it's been there for ever and
that's high And that pipe sure you know as a kid. >> Yep. >> Frogs and everything. It's almost like a constant running stream out there. If you put a dry well, you dig anything over there, it's going to funnel it and it just ruins the people's even on the hill. >> What I think, like you said, Joe,
>> Joe sees a problem with it. >> For this particular one, Jerry, and you you know the neighborhood, it's a mess over there. >> So, whatever you build on Gates is going to run down to Milton. That's why we want whenever you keep on gates for a little while, everything else runs down and this comes down later. It's that's how it works. >> He could probably put something in there
that would delay the runoff. >> Delay the runoff. >> Yeah. Yeah. >> Um >> so what's deemed appropriate by your engineers kind of word >> to to delay the runoff and and >> or to keep all of the you know what what do we normally say? What's our language?
We have we have language about this. It's to keep all of the the water that's, you know, generated by that that new covered area. >> Additional impervious >> additional. Thank you. Additional impervious coverage retained on for whatever you call it, a two-year storm or whatever you want, like whatever number it is. Nothing ridiculous, not
like a hundred-year storm or something. >> The engineer already suggested that uh the applicant must satisfy the minor development stormwater management mitigation standards that are in the ordinance. Okay. >> Because the ordinance does have standards for mitigation. >> Okay. So we we are Yeah, he did mention that. >> He mentioned that.
>> I don't have his thing in front of me. Sorry. I don't >> fair. Well, that's >> it's in that it's >> Yes, it's in the last it's a fair suggestion. Yeah, >> I think for this I'm not even look at it as long as it's more confusing. >> You're right. You read it, but you
>> you thought that's exactly what he said. >> That's exactly what he said. >> So, well, we'll make that a condition obviously. >> He'll be able to let me know what that is or >> Yeah. Well, when you >> you'll have an engineer design. >> Oh, yeah. The engineer. >> You have to have my engineer will know
>> and the engineer will will tell you. >> Okay. >> Um, you know, that's all conditional on the plans that you put in. Um, so any other questions? >> I have a question about the coverage. So, go ahead. >> No, no, >> the the pool is going to be on the
second tier grade you said on the shed grade >> right now. Yeah. So, it's showing you're showing partial on pavers. The steps are going to be moved to the left. Is that going right to grass or is there going to be like a 4ft width of concrete or pavers around the pool or just going to
be grass up to the pool? >> Uh, >> yeah. What's around the pool? >> So, right. Well, it's going to add then coverage. >> We'll go with grass. Yeah. because the rest go to grass then
>> so >> they go to grass now >> if you put the pool on a patio level the patio will be on the level going to the pool if you raise it you will have whatever um the coping is around the pool with the fence on grass >> okay
>> got it they call that by the hiatus look I think it is when you don't have anything past the go it's just grass >> I have a question about the shed what size do we say it does cuz Joe thought it was going to be closer to 250. >> Yeah. No, it's not >> not 250.
>> I could tell you. >> I can tell by looking at it. It's It's not a 10 by. >> It looks like it's probably like a 16 by 10 16 by 12. >> Joe thought it was closer to 250, but I'm not sure. >> Here's the picture. I mean, it's
probably four feet there. >> Either way, either way, the variance would cover. >> Well, you might be 86. 160. >> Joe thinks it's 250. >> Joe said 250. >> But that's up to the board because if the board doesn't believe that it's
anywhere near 250 if you grant a variance for up to 250, >> the applicant will be able to replace it with the shed that's 250 ft. >> Run out to my truck. Oh no, you come with me. I was going to say if I had my scale with me, but I don't. >> And while we're on that, how close is
that shed to the property line? This this could be >> Do we need to move that >> or do you need it? >> It's eight open. >> Yeah, you got the >> I think it's about 10 ft ruler.
>> Is trying to find my uh >> Yeah. >> Oh, no. No. I mean, >> no, it's not that big. It's not 24. I wish it was. >> I don't know. That's a good question. >> Yeah. That's >> I knew how to read this stupid
wife. >> Uh Fred, I've got a ruler here. That's That's >> a skip. >> Yeah, if if you want to if you want to use it. >> I thought those were only good for getting wraps across the >> Says 196. >> I don't know if that on your on your survey is accurate the size, but
>> Well, well, I would hope so. They I mean, >> I would hope so, too. >> Survey. I just sort of make sure that the print out is to >> 198 on the survey that correct >> what it says. >> Why are we doubting it? >> Think about asking him does he know
opening on his shed? Who knows that? >> So that's not going to work because this is an architect scale. >> Is the survey accurate? Isn't the survey accurate? I'll go. You need >> one. >> 198 ft on your survey. >> Yeah.
>> How about this one? Is this a >> We're guessing numbers? >> Yeah, we're guessing numbers. >> Well, why are we guessing when it says it on the survey? >> Didn't the survey say? >> It does. 198. >> The only thing we have to worry about. >> Where do you see 198? >> That's it. Deb's worried out. I don't
>> it's I I don't see 198 down here >> bottom right where all the words are. I should read. >> Oh, okay. >> Normally I'm used to seeing the the measurements on that. >> Impervious cover. I just want to ask. >> We're good. >> You're good. >> How close are we to the property line though? I don't know if that >> that's going to check right now.
>> What kind of survey is this? >> It's uh it's the one you call up and they just do it from the view from the Google. >> It's a good survey. All right. Is it >> slots are tight? >> Interesting. Joe didn't mention that. He
>> looked at the size. He didn't mention the sepage. >> I think >> when was that shed put there? >> Uh, we're back. >> Well, this shed is your shed. >> That's my shed. Yeah. >> Not an old shed or something that was there. >> A few. No.
>> When the survey was done few years, that's there was a shed. I replaced it. >> Okay. >> Well, the survey was done November of 2024. Was your shed there at that time? Yes. November. >> That shed. Yes. >> Okay. >> Okay. >> Thank you. I'm still trying to find the
sheets to scale. That's good. It's 12 by See those stairs? >> 12 by 17, which is weird. It's probably 12 by 16, but guess 17. 204. >> Yeah, that's what I thought.
>> The setbacks. >> Rear setback's about seven feet. >> So is the side set back. >> You need a variance for that, too. >> You need a variance for that, too. >> So, it's 12 by if it's 12 x 16, it's 192. >> Oh, it's it's 12 x 16 and a half.
>> That's exactly 198. >> Okay. All right. So yeah, so you need um >> you need a variance for the setbacks on it. >> What are the setbacks? 10 >> 10. Yeah, mostly >> 10.
>> So as opposed to making you move it, if you want a variance for it, ask for that >> or move it. >> Or move it. >> But you're upset. >> If they're willing to grant you the variance, you should take >> Is it seven for both the rear and the side? Yeah, seems
check it again. >> So, two more variances there. >> Yeah, >> it might be six on the side. >> It's still a variance. >> Yeah, it's still Yeah, there's no way it's 10. >> It looks like >> six on the side, seven on the rear.
>> Okay. >> Okay. What's directly across that shed on your neighbor's yard? What's next to that? >> Uh trampoline. >> That's No, that's Mike trampoline >> on the If you're looking at the shed to
the left. >> Yeah, >> there's uh >> and the back >> shrubs >> shrubs on both sides. >> Yeah, there's a fence in the back. >> So, there's no there's no structure neighbor. No. Nobody has a structure
>> and they all got the 200 foot notice and nobody said anything. >> Were they aware when you built that shed on pillars there? >> I don't know. I didn't >> You didn't do it. It was there when you >> talk to them. >> Oh, you didn't talk to them? No. Okay, >> Mr.
>> I mean, they can see it. >> We're uh looking at page 10. >> Okay. >> You present it. What is this white thing right here? >> We're uh >> page 10. This big white thing with SP pickets and stuff. It's a >> fence.
>> Fence. That's what this is. >> It looks like it's 17 ft high or whatever talking about. >> It's Is that Is that the fence that you would need for protection? >> Yeah. >> Yeah. >> Well, that would be on that level. >> That's a fourfooter. Yeah. >> And the And the wall doesn't look that tall.
>> Four blocks. >> Four. If you look at um >> underneath it. >> Yeah, it's two tier. >> All right. >> Is it two tier? Yeah. Yeah, that explains it. >> Two tier. >> Oh, okay. >> So, it's really not that high after all. Yeah. >> Yeah. >> No, it's not. >> I didn't want it to look like a monster
wall, so I cut it and I plant shrubs and >> plant. >> Well, you needed that fence anyway because the wall is is >> it's already there. >> If you look at photo >> 14 >> 14. >> Okay.
Oh, it's two tier. Yeah. All right. So, we're satisfied the shed size is okay, but the setbacks we're going to need, >> right? Yes. >> Okay. Um, any comments by the public? No. Okay.
Closing it to the public. Uh, any more questions of the applicant? So, have we figured out all the variances? >> I I think we have. >> Okay. Just want to make sure >> and all the conditions. >> Do you want to sum it up?
>> I was just waiting to see if Elante was >> Yeah. No, she's something. She's okay. Okay. Uh so we're looking at C1 variance uh due to the deficient lot area. Uh the property we're conforming in lot area proposed coverage will be much closer uh
be 27 maybe with the excess we've talked about now 27 and a half where 25 is permitted instead of 37 as we're looking at now because of the undersized lot. Uh although the patio was installed by the applicants, the area was an impervious patio for many years prior to the installation. Their installation
having been essentially a reconstruction of what was already there. Uh under the C2 analysis, um same criterion as the last two applications, uh general welfare by uh providing an on-site recreation swimming area for the applicants, their children,
presumably friends, family, and neighbors. Uh some of whom are presumably also members of the Long Hill community. uh and purpose eyed to promote desira visual environment through creative development techniques, good civic design and arrangement by enhancing the neighborhood with attractive driveway associated block
walls visible from the street uh which complement other homes in the surrounding neighborhood thereby enhance the neighborhood as a whole and again under home builders versus Berlin uh improving the housing stock maintaining your property values. Negative criteria are also satisfied. variance can be granted without substantial detriment to
the public good. Will not substantially impair the intent and purposes of the zoning plan and zoning ordinance. Other properties in the neighborhood share the same or similar lot area deficiencies. Uh and I would add also similar uh drainage issues just because of the nature that all of you just discussed from that neighborhood. Uh so we believe
we have satisfied both the positive and negative criteria under both C1 and a C2 C2 analysis. Uh positive and negative. And we thank you for hearing us. We'd appreciate a positive vote. Okay. Um, go over some things so people know what's going
>> So, first before the board deliberates, the relief that's being requested is a lot coverage variance. We're rounding up to 37% to account for any extra impervious that hasn't been accounted for,
>> namely stairs. the stairs uh being one. Uh a variance ratifying the existing shed in the event that it exceeds the permitted size up to 198 square ft >> or would you like to go to 200 square feet?
>> Let's go to 200. >> We will go to 200 square feet of variance for the accessory safety fence um to the extent it is required up to 12 feet. Um the board recognizing that the fence would be required for safety
around a pool and a variance for a rear yard setback for accessory structure that exceeds 10 ft and a sideyard variance for accessory structure that also exceeds 10 feet. So, the rear yard
we are estimating is about six feet or >> I thought you said rear yard was seven, side too. >> Yeah. If you want to just say six for both, it's >> okay. The rear and side is both six
feet. Okay, >> that's all I have for the request >> and the uh condition of the parking area off the street >> and the condition. >> I'll go through the conditions once the board deliberates and discuss
conditions. >> Okay. All right. Okay. Um Jerry, do you want to start? >> Sure, I'll start. Um so it's a challenge property. We understand that it's undersized and uh we're going to work with that. Um, however, there's been some development that has not been permitted or variances that were
required in the past. Um, no offense, but ignorance is no excuse for the process that has to be brought up. So, we're going to do that. Um, but I think in order to make things right here, we have to have some type of storm water management or storm water mitigation
done on site. Um, I know there's minimum requirements, but even if even if he doesn't required under the minimum, I still think something needs to be done. And it's even if it's a small seepage pit or some type of non-structural um rain garden, whatever, whatever you can
fit on there, work with our engineer, but something has to be done, even if it doesn't meet the state or the town's uh minimum ordinance requirements for storm water management. It's about point source management. It's about getting water into the ground where it comes out of the sky or as close to as possible. It's for pollution. It's for storm
runoff. It's for flood control. It's for lots of things. You're on a hill. Water runs down that hill down to Milton where one of our board members lives. It has nothing to do with where he lives, but down to the the clay pit area and it and it floods Mountain Avenue. That's that's simply where that goes. And we know the area. We know the streams. That's what
happens. So, it's small. It's like a drop in the bucket, but every little bit helps. So, that's why I'm a stickler on that. I think that's important to do that. Other than that, I have no problems with the application. Um, the safety requirements for the fence have to be, I think, examined by our our our sub code official for for the building
department and also for by our by our engineer. I think they have to look at that, but other than that, I have no problems. I think it's a good application other than that. >> Alex, >> thank you. >> Um, I agree with Jerry's comment about the storm water runoff. Um, and I would agree with the rest of the application.
>> Thank you, >> Ted. Um, I I agree with what what you two said so far. The only thing I'd like to add what Jerry said with the storm water is um just keep up the maintenance with those trench drains. They they they fill up with leaves that get clogged up and then kind of defeats the purpose.
>> Um I understand the retaining walls were a safety hazard. They had to be rebuilt, but the curb appeal looks great. >> Um it's really all I have to add. >> Thanks, Paul. >> Um once again, in this neighborhood, you know, pretty much all the lots are undersized. Um again, you have a decent
sized lot. It's 100 by 150 and you're still under. Uh pretty much a a house in a driveway you're going to be under in this neighborhood. So, uh you know, the lot coverage I'm all for. You know, granted up to 37%. Um and just like Jerry said, uh it's a challenging lot
with the walls and the grades and everything. And uh it is a headache and I and like you said, you didn't have the permits for the retaining wall and I guess I can't blame it was falling apart. You have kids and I probably would have did the same thing and just fixed it right away. And I actually passed your house that the retaining wall looks a h 100 times better than
what was there. Thank you. 100 times better. I remember the one there. It was paint on it. It was falling apart. I actually used to drive by like when are they going to fix this thing? >> But again, like most like most people like like most >> a lot of money. That's why it took so long. >> I think that too and you have to go through this process. I have neighbors who have garages falling down that don't
want to go through this process, you know. So, I know it's a headache, but you know, I'd be in favor for uh for passing this uh and uh good luck with it. >> Thank Thank you. >> Uh when I first started reading over this application, I uh I was a little
dismayed by the fact that you made all of these different changes over the last decade or so um without any permits. We had somebody like that in here previously and I swore that I was never going to say just yes again. >> So I said, "Man,
you're fine. Um what you did was all good. It it it looks good. it it increases the value of your home and everybody around there. Uh keep up with the storm water management, please. Uh the Bic River behind my house does flood. Um
all in all, with with all of the um additions that our attorney is going to provide to you, I find this to be I will be in favor of this application. Thank you. >> Thank you. >> I also concur with my fellow board
members. I think that the uh runoff is a very important aspect of this because you are higher a little higher on the hill than some of the houses and we do have an issue with water running a lot downhill to the Pacific River or to whatever little trenches they made down
to the river. Um and just you know you have to keep these things clean. Uh, whatever you decide with the pool, whether you put it on the level of the of the of the patio or the higher level, just make sure that it's properly fenced
and and and safe and that uh your um uh fencing and uh whatever else you do there with the uh steps all all are inspected and and uh you know done and approved by our engineers. Um I would be
in favor of it. Um, I understand why you did what you did and it for safety reasons. Uh, a lot of those houses on that street were owned by people that didn't really upkeep a lot of stuff and they did fall apart and you know it's
it's it's a lot nicer what you had there done there. Uh, you know, we always prefer that you come and get permission to do it so that we have control over these things and we know what's there. uh but you have ratified that now by
getting the variances uh and our attorney will go over the uh conditions of the different things that we can't give you namely the off street parking uh but I would be in favor of it. Thank you. >> Thank you. >> Okay. The conditions um an asbuilt
survey uh of everything that now exists or will exist once the pool is constructed. It'll allow the township to keep track of everything that's popping up there potentially >> that may need another, you know, may need more approval. A lot grading permit
from the township engineer. Uh the applicant shall also satisfy the minor development stormwater management mitigation standards of the ordinance regardless of whether it falls under it or not. But uh as as the board indicated, those mitigation standards
consist of either a seepage pit or some other infiltration measure. Uh and that's to be worked out with the township engineer. >> Can I add to that? I'm sorry, just one thing. Even if it doesn't meet the minimum standards for that, we still want something. Okay. Correct. Just making sure that that's how it's going
to be. So they so the applicant will comply with those minor developments of stormwater management mitigation practices whether it be a seepage pit or something else that's determined by the by the township engineer. Uh that is a condition of this resolution. Uh the applicant also needs to seek approval
from the township committee for the parking that's been constructed in the right of way. Um, and we always uh require compliance with the uniform construction code, but in particular in this situation for the not only the pool, but also the fence, which is a
safety measure and something that the board is concerned about. >> Okay. >> Okay. >> Do I have a motion to approve this application? >> Move. >> One. >> Do I have a second? >> Second. >> Call. Okay. >> Both of you. >> Mr. White? >> Yes. >> Vice Chairman Groskoff?
>> Yes. >> Mr. Seronio. >> Yes. >> Mr. Zrosni. >> Yes. >> Mr. Zorkeg. >> Yes. >> Chairman correct? >> Yes. >> Motion carries. >> Congratulations. >> Good luck. >> Good luck. >> Very much. Thank you. >> Good evening. >> Thank you for bringing everything to us and getting it approved the right way. I appreciate it. >> Thank you.
>> So, >> we're done. >> Yeah. >> Well, we're done. >> So, the back I got to go. >> We're done. You're just beginning. >> You're just beginning more questions. I just want to give Miss I did go and talk to the gentleman >> that was there prior. He was I don't I
don't know his name. I know all I know he's from Frenchtown. >> Tom Dia. >> I don't know. And he's like, "Yeah, sure. No problem." >> Do you live there? >> That's all right. >> Okay. >> No problem. >> No problem. >> Sorry about that. >> He was a nice guy though.
>> I was very >> That's who was there when I first got here. So, um, Deb, um, before we end tonight, could you just go over again what the future is entail? >> Yes. >> Can I can I just say before you do that that I will have these three resolutions
from this evening in two weeks? >> Okay. That was a >> Should I do that for the Verizon application in two weeks? Because >> No, because I want I would like for the applicants to >> Well, go ahead. You can do it. >> Oh, yeah. I was going to say I' I'd rather do that and then put if we have
to put meeting minutes off. >> Yeah, that's fine. >> The meeting and do the resolutions first. >> Yeah. >> So, and then I'll get caught up with the meetings meeting minutes for the first meeting in April. Okay. >> Uh so, >> how far back do the meeting minutes go? >> Good luck. >> What's that?
>> How far back are we on the minutes? >> Good night. >> November. >> November. Okay. >> Yeah. So, November, December, January. >> Uh yeah. Now, February. So, yeah. Okay. because it's it's March and this
gentleman wants to build a pool. >> Yeah. >> Get started. The meeting minutes are not as big of a not as time. >> So, what's coming up? >> So, on the 17th, >> I'll have them done in two weeks. >> We have for the 17th and I sent out an
email today that uh TJ and uh Chairman Gre were not included on because they are uh TJ is now recused from the Verizon application. >> Something to do with history. Do we have enough people coming? >> Yeah. >> Well, now we need everybody to come.
>> Yeah, we need all hands on deck. Don't shoot too much at the boron. >> Yeah. So, everybody that's left over to be here because we have a nine member board. This and this the Verizon application requires seven votes. >> Well, it doesn't require seven votes. >> Doesn't require seven. >> The attorney is going to want seven
votes. >> The attorney is going to want seven members, correct? >> Present to consider a full complement of the board. >> Makes sense. Yeah. And then April, >> not to say it might not even be over that night. So >> I I would be very shocked if it's over that night. It will more than likely not
be over. >> Wow. >> Yeah, because the public really didn't speak yet and there was a lot of people who each time and there's people dying. You can see they're busting at the seams to >> say something. >> So go ahead. What's the next? >> So and then the first meeting in April, we have uh another impervious situation
happening and the Dunkin Donuts application which are both No, I'm sorry. One of them, Fred, I think is representing Dunkin Donuts. >> Okay. >> So, two applications on Okay. The April meeting. >> Do we have a slot for the next Verizon meeting? >> Yes, the second meeting in April.
>> Okay. >> All right. >> Really plan on it being again. >> Yeah, probably. It probably is. >> Anything else? >> Yeah, I have to off we have to offer them a meeting. So, that's why >> we have to keep it open, right? Interesting. >> All right. Uh, do I have a motion to adjurnn?
>> I'll move it. >> Second. >> Second. All in favor? I All right, we're