All right, we're on the air. I call to order the zoning uh board of adjustment uh meeting for June 17, 2025 at 7:32 p.m. Ball to order and statement of compliance. Adequate notice of this meeting hearing
has been provided by posting a copy of the public meeting/hering dates on the munon board by sending a copy of the e to the echo sentinel and by filing a copy with the munal clerk standard board procedures. Any meeting/hering conducted
by the board is a quasi judicial proceeding. Any questions or comments must be limited to issues that are relevant to what the board may legally consider in reaching a decision and decorum appropriate to judicial meeting must be maintained at all times. Meeting
cutoff 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. at any regular or special meeting of the board unless a motion is passed by the members then present to extend the
meeting to a later specified cutoff time. Electronic devices. All in attendance are asked to mute or turn off their phones or electronic devices as to not interp uh interrupt the proceedings. Pledge of allegiance. Would you uh lead us please?
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. Thank you. Okay, roll call. Absolutely.
Mr. Rio here. Mr. Geonus is excused this evening. Mr. Rosenberg is excused this evening. Mr. Watts is excused this evening. Mr. Mr. Drosy here. Mr. White here. Vice Chairman Groskoff here. Chairman Gre here. Chairman, we have a
court. Thank you. Um there are I was advised that we don't have many minutes, so we're not going to deal with those. But we do have uh two out of the two of the resolutions to look at. Uh they were just put on the uh deis uh just just
now. Uh the first one is Brian Oliveria application number 25-03. No, I'm sorry. That's the second one. First one is 2242230 Main Street LLC application number 21-03Z.
Um, Mr. Chairman, I think you guys heard from the applicant's attorney on this, Mr. Zeli, last month. And this No, this is the extension request. Yeah, this is the extension. This is not um Rise, right? No, but no. Didn't he come in last month to to discuss the extension
they were seeking? Yeah. Yeah. We never did a resolution, right? So, yeah, but we did hear from him. Yes. Okay. Yeah. So, this is just be memorializing. I think acted last time, right? And everybody was here that's here now, right? So, Okay. Is every any any changes uh comments on or any reason why
we is everything right? Uh okay. Go ahead. I have one question. Uh just to be clear, this is the uh third and final one-year extension because it says in 22 we did this. Will we approve three one-year extensions?
Well, I think this is the three one-year extensions. Yes. Yeah. Yeah. This this is a matter of procedure because they were they do not have sewer yet. Right. Uhhuh. So, they do not have sewer. So, they just so the attorney just felt just
to cover, you know, legally. Right. So, that they're not And how far out does this take them to next year? An additional year to the end of the year. And if for any reason there's no sewer connection at that time, they'll come back again. Okay. Come back again for an
extension. So is it is it in like is it infinite extension if there's no sewers? Yes. Yes. They wanted them to. I mean because it's not Do you agree with that? Yeah. So here's Yes. And no. So there's a provision in the MOU law, I think it's
section 26, don't quote me, that that automatically tolls things when you know there's a an applicant can't move forward because of things outside of their control. Right now that's there's an automatic procedure for that, but there's also an elective procedure where they can come to the board and request an extension. That's what they're doing
here. They put in a septic system. They weren't approved for one alternative. They weren't approved for one. Yeah. They'd have to come back to us to be approved for it. Do we approve that? Is that is that a variance or is that through the board of health? Well, it would have been part of their variance because they would have showed us where they were going to put it and it was, you know, it has to go through
if it's if it could even be put on the property. They didn't want a septic system, right? They didn't want I know they don't want one, but I'm saying I I just I want to know how it works if you could just have Go ahead. like forever you can just get a rollover because you don't have a sewer. So, you can you're entitled at what point do you get to
review the application again? Well, you're entitled to three one-year extensions, right? And all this is what they're seeking an extension of at least as I understand it is the rights conferred by major site site plan approval. So that's like if the ordinance changes you know say today we
can't suddenly hold them to that new standard right but sorry you know so as long as they're keeping these extensions that's the protect what they're getting protected from. They still would have site plan approval. So theoretically if they run out of the extensions there's an argument to be made they still have site plan approval. As long as the ordinance hasn't changed they're
not nothing's really expired. the ordinance changes, they have to come and and if they're out of extensions and there's no tolling, then yes. Okay. Theoretic. Again, that's all very fact specific. But yeah, that's and this is not something they had control of either. I I understand that. Yeah. But
if Gour is never fixed, that's that's not supposed to be the issue. I agree. I know. What if What if you know, we don't know. Yeah. Right. All right. Uh roll call. I'll I'll make the motion to approve 21
03 Z. Second. I'll second. Okay. Roll call. Mr. Rono. Yes. Mr. Sadi. Yes. Um, Mr. White. Yes. Chairman uh, Vice Chairman Groskoff. Yes. Chairman Gret. Yes. Motion carries. Okay. Thank you.
Now we have the second one is Brian Alaria and Allison Alaria. Application uh 25-03Z. This was a hearing on May 20th, 2025. Board action on May 20th, 25. Memorialization today, June 17, 2025. Is
there any comments, changes, or corrections to these? They can read right now. Yeah. I am not eligible for this one. Okay. All right. I don't I don't see anything that uh jumps at me. Did you have a chance to review it? Oh, I did it. You
did it? Yeah. Okay. You didn't make any mistakes, did you? I don't think so. Okay. Good. No, this went back and forth. Liz saw it. Advocates council saw it. Joe saw it. No typos. Okay. I don't think so. All right. Do I hear a motion to approve the resolution? So moved.
Second. Okay. Mr. Sosi, yes. Vice Chairman Groskoff. Yes. Mr. White, yes. And Chairman Gr. Yes. Motion carries. Okay. Take care of that. So the next thing on the agenda is bulk variances
block 12203 lot 13 zone R3 24 Vickiy's place application number 25-06Z Matthew and Allison Phillick Filk applicant proposes to construct an addition to a single family residence
I assume that everyone's here okay have a seat thanks Mr. Mr. Chairman, just give me one second. Yeah. Uh, we're going to go over the legal aspect. Just just real quick. We didn't have Rizberg ever distributed. No. Okay. All right. No. What? The resolution for Risburg?
No, it wasn't. We didn't get that one. No, that was the one that Fred Zeli gave you changes and you didn't email that one to me. Oh, I thought I Okay, we'll do it. All right. Well, we'll get it next time. I swear I did that one. I'm getting them confused for my Okay. Um, Philick, give
me one second, folks. Someone just check. Take your time. Okay. So, yeah, Mr. Chairman, before we get started, I did review their notice. I find it to be sufficient in terms of its content. Uh, Deb confirmed and we both confirmed that everything was sent out on time, sent owners of property within 200 feet of the subject property on June 6th,
published in the Echo Sentinel on June 5th, both more than 10 days in advance of this evening's hearing. So, the board is the jurisdiction here inside the case. Um, with that, I could swear everybody in good before we get going. Okay. So, I'm going to need Liz, our board planner, and the three of You, if you're all going to be testified, raise your right hands. To all four of you,
swear or affirm that the testimony you're about to provide will be the truth, the whole truth. Nothing but the truth. So, I'll help you God. I do. Great. They're sworn, Mr. Chairman. And we can uh All right. Would you introduce yourselves, please? Sure. My name's Alexander Rodriguez from AR Architects LLC. I'm a licensed architect in the
state of New Jersey. Okay. Matthew Phillip, one of the homeowners. Alison, homeowner. Okay. When you do talk, try to get the microphone in front of you or at least close to it because we can hear you, but the record has to hear you. Perfect. Um, okay. Uh, let me qualify
your expert. Uh, would you just go over your credentials for us? Sure. I'm a licensed architect in the state of New Jersey. Been licensed since 2005. I have appeared before this board uh in January of this year and just recently also appeared in the city of Summit in March of 2025 as
well. And since the last time you appear be appeared before us, your license is current. No changes. It is current. Yes. I deem you as qualified. Thank you. All righty. So, um, who wants to go first? What would you What do you need? Well, just explain to us Yeah. what are you
doing and the reason behind it and where you need it? Perfect. So, we moved into the house in Millington in January of 2019 out of a smaller townhouse in Bedminster. Just was just the two of us. Couldn't imagine at ever needing more space than we had. went from a small townhouse to this house which seemed
astronomical at the time and two kids later and wife who works from home we've seemingly somehow started to shrink on space. Uh one of the bedrooms that runs the full width of the house is significantly cut off by a very very steep roof. So there's a large amount of
space in a uh right side of the house that is unusable. It serves as somewhat of a crawl space but essentially dead area. Uh in the effort to add an additional bedroom for an office or future children, the goal was to take a very steep roof and essentially just flatten it with some sort of dormer so
that we could take one large room that is probably 30% unusable at the moment, make it into two more distinct rooms, one office and one either guest room or third child bedroom. Yeah, I I walked through your neighborhood. I saw that
the houses look big, but you're right. The steep roof kind of cuts off your space. Yeah, it's very strange. And then with the way the garage sits, we kind of lose a lot of space there and it's unnecessary and in a sense looks nice. But could you explain for us the um the
relief that's required to do that? When we purchased the house, it was the first time we moved out of a townhouse that kind of you just bought as is and the association took care of a lot of the rules and regulations. So when we bought this house, we weren't 100% sure of the things to look out for and unbeknownst to us, there had been a lot of work done
without permitting. uh just we didn't know the process to go through to look for those things. So there was some ground coverage. We found out later after we submitted the permits with the construction company and the architect that there was some things that we needed to look at. One of which was some
additional coverage. Yeah. So all of that was there when we moved in. There's a shed, a pool, a deck, a PA patio, all of which existed when we purchased the home. So we correct that and then move forward with the a fixing to the house. Understood. So, you need this uh the
pass to be cleared up so you can get you can get an approval for your for your construction. The the project we're doing actually doesn't change the footprint of the house. It doesn't cover any other Yeah. It doesn't cover anything new. It's the same existing footprint that exists today. So, it's really just we kind of need to take the
things that the past homeowner did without approval that we were unaware of and get them brought up to the current. Understood. Thank you. Okay. Thank you. Um, does anybody have any other questions for the applicant? I have. Yes, go ahead. Good evening.
Have any problems water problems or flooding in the area or neighbors any runoff problems? No. So, actually the back of our yard has a drainage runoff that is part of the town. So, because of that, we've never had any issues whatsoever. It's I mean minus 47
consecutive days of rain, but no, we have no issues whatsoever. Never had any. It was a good time to have even now. Yeah. Right. And you bought the house with the pavers extended and everything. It's been like that. There's been no water problems or anything. No water problems. As a matter of fact, we've actually added more grass coverage since we've been there. The homeowners
were a little bit older with two little kids. We want more grass than anything else just for playtime and things like that. So, we've actually added more grass since we took over the home. Right. Good. And the deck and things like that that are there are all porous. So, underneath the deck is regular ground. It's not as though they're
covered with asphalt or anything like that. Even the PA patio is porous. Very good. You explained it very well. Thank you. Um, any other questions of the applicant? The deck you said is there was that there when you bought the house or you Okay. All of the decking was there. Yeah, at the decking the pool and
the shed was all there. Um, the only thing we've done is like I said, add more grass by cleaning up some some rock and things like that. Making it more of a lawn area. Correct. Yeah. Is that in the back? It is in the back. Yeah. Um, yeah, your property does have a weird
shape to it. Instead of being exactly rectangle, it's got that line that Yeah, there's a very tight corner in the back right of the property. That is uh a bit strange. Yeah. If your property was more a rectangle, you wouldn't have that issue with the shed. No, the the fence
cuts quite narrowly across the property on almost a diagonal. Yeah. Um any uh has any of the neighbors expressed any um objection or problems with the property? No, we sent out all the mailers. In fact, the one neighbor next
door thought that he needed to come as a witness and had volunteered to come tonight. We told them it wasn't necessary. So Okay. Well, that's always nice to get involved. We like neighbors. Yeah. I mean, we want us be here. We We really need more space. We don't want to move. Our neighbors are terrific. The
town is great. So, this is kind of our fix to that. Great. Uh, any other questions of the applicant of this applicant? Okay. Um, one more. Yeah. Uh, what what is in your shed currently? Lots of tools and kids water tables,
toys, cushions. Uh, we put both of the cars in the garage. So, the shed's incredibly important for all that stuff. Cool stuff, things like that. Yeah. Um, things like that. Okay. Would you, considering that it's right on the boundary line, would you be immunable to moving it somewhere else on your property? I'm not really sure the
logistics of how something like that would happen. Um, I didn't build a shed, so I'm not sure how tight into the ground it is. If it's something that we can just move that easily. Is it wooden shed? Uh, it's vinylsided. It's It's a It's not just like a built up from like Home Depot or anything. It is a
structure. Structure. So, what does it sit on? a a pad or No, it so it I give you my best recollection that I didn't think to look at that before we came here, but it's set up on some some beams so that it's off the ground a bit. So, it's on dirt. Yes. Okay. But raised
slightly off the ground. It's not like on a on a porch? No. On a cement pad or anything like that? No, sir. Uh is it there because of the accessibility to the walkway or why would why do you I can't seem to think why he would put it there. I mean certainly you know
accessibility seems to make sense. It's right on the walk like you said it can be accessed from the front yard and the backyard the house easily. We don't have a lawn mower or any kind of gasoline or anything within there. How far is that is your neighbor's house on the right hand side?
Oh uh from that fence. Yeah. It's actually quite a bit of distance because again the way that fence cut our property line almost comes straight back. We had a survey done for this with the markers put in and the way it comes, their house is quite far over to the side. Okay. So, they're not that near the shed then. No, they're in fact with
the way their house is situated. I don't even think they could see the shed. Oh, okay. All right. You have a fence up also around the shed. That's correct. Yeah. So, it's And how how high is the shed? Is the fence? Six feet. It's six foot fence. Okay. It looks pretty. So, you really can't No. And and they've
there's a lot of mature beautiful trees there that cover a lot of that as well. So it's not as though they're And you have a fence in front of the show, too. I see. We do. The entire backyard is closed off. Okay. So you really can't see it. No. Okay. Um any other questions for the opponent?
Just uh So how far is the shed off the property line? Because we need need to quantify. I don't know if you can survey. Um look there from Yeah. I mean I can walk behind it between the fence and the shadow. Oh, you can. Yeah, certainly. Okay. So, when you say walk
behind you, you would say about 2, three feet. Uh, as broad as my body. Okay. So, about 2 and 1/2 ft. Maybe 3 ft. Yeah. Okay. Let's say two feet just to be safe. Okay. The variances. Are you sure it's two? Because if it's any less than that, you might need another variance. We want to make sure you No, I'm
serious. I would probably say it's closer to a foot. You know, the fence might not be on the property line, so it's hard to say. Um, but I would Looking at your survey, it looks like it's actually touching the line. Correct. Yeah. The fence or the shed? The shed. Oh, right. The shed. Need a varian for the shed set back. That's
what we're trying to But you can walk between the shed and and the uh shimmy in that corner. So, I can walk through as it's wide and I can turn on the side, I suppose, then and get through the corner. Okay. So, let's say a foot better safe. Yeah. Be safe. Yeah, that one corner is closer. But if you go in
the back, that's where we have a room. Not is not as close as it appears on this, but No, you can I can walk through it to point on the side, but you can get through it. And I'm trying to think there's Yeah, right now behind there, we have a garbage can like a garbage can
and some things stored. So, there's plenty of room there. Whose fence is that? Yours or your neighbors? Just Yeah, I believe it's ours. Yes, that's ours. Yeah, that's true. Because they have their own fence, actually. Okay. You said earlier that you took away some ground cover.
Added added some grass. Added some impervious coverage. Some No, we added grass. Yeah. Okay. You took away impervious coverage and added grass. Correct. Okay. Do you know the measurements of that? How much you No. So behind about a 5x5 area. Um where the
pavers connect out to the back grass. There had been another section there with some rock and things like that that we took down and added grass. It's about 25 square feet. Nothing. Nothing significant. No feet. We didn't break down. We didn't take down anything.
Got to go back to the shed. How big is the shed? 10 by 12. 10 x 12. So 120 square feet. Yeah. Yeah. Yep. Okay. Variance for that. I had to think about that. Yeah. On the spot. It's hard. So that's a variance. Yeah. Yep.
Get all your variances now so we want to do as much as we'd love to see you. Yeah, we love to see you. Yeah, I've never been on TV before. No, don't worry. We don't have much of an audience. Right. Right. You'd be surprised. I When I put
the videos on YouTube, there's like 30 views. Our ratings are going higher. Yes. I got to tell my wife to stop doing that. Start selling ads. Yeah. They'll say we can get more money for the ads. Yeah. Don't read the comments. They're never good. Um, any other out uh questions
concerning shed or anything else of the applicant before their their architect talks? Okay. Satisfied. All right. Um All right. So, as an ar what are we looking at your plans? These are your plans here. That That's correct. Yes. Okay. If
you want, you can All right. Where's the uh where's the easel? It's a Well, it's quite I have an easel, but All right. I'm just saying normally we have one. We usually bring it out and let somebody else. That's quite all right because it will walk away. Okay. It'll walk away. That's an impressive easel. Mhm. Okay.
Before you start, this is the plan set. Um originally dated January 28th, 2020. Correct. Yes. No revisions on there, right? No. Okay. So, the board received this. We have this doesn't need to be an exhibit. So, this is the existing second floor. Okay. Uh correct. Existing second floor just showing the demolition plan.
all the dash lines just showing uh just the room that just Matthew Bick was describing just how it's a long narrow room. We're just trying to take advantage of that. Um also by taking advantage of that is when we decided to add that shed dormer towards the front. Um
[Applause] uh this is just the first floor just indicating uh the partial first floor where the garage is underneath. And then just how we distributed the space just to make it a little bit more functional for the second floor where we uh added
uh the gable dormer, I mean the shed dormer along the front with a bedroom and a closet. And then we just took advantage of that back room to make an office. Um again, I think they're both decentiz rooms. Uh again, we were looking to make the bedrooms kind of similar in size and then same thing as
far as uh closets uh have decent sized closets for them and again an office just to make it a functional space but again it's still a decent size room where it's about 10 ft approximately by about 14'4 in. Um and it also got closet in there and then as far as the front
elevation's concerned uh we just were popping up the roof to make a little shed. um added some windows and we were just centered that over the two bays in the garage below. Um you can it's hard to see over some of the windows but you can see where the shed well you can
hardly see where the shed is over on the right hand side where it is be behind a 6 foot high uh fence that's there as well. Uh just some of the items of note uh just to kind of bring to your attention. Uh we this is an R3 zone
which is an undersized lot. uh we're required to have a 30,000 uh square foot lot. The existing lot size is 16 16,679 square feet. So that is an existing non-conforming. Uh same thing as far as the lot width is concerned. Uh you're
required to have 150 ft in an R3 zone. Our lot width is approximately 105 ft um at the front yard setback line. Um and just in regards to the other things that Matthew Felic had mentioned, um as far as the impervious coverage is concerned,
they bought the house in 2019 and all the existing imperous coverage was there. Um and I did mention that the shed is being uh shielded by the six foot high fence. Um and that we are looking for that impervious lot
coverage. I believe it's 37.2%. Okay. So nothing you're doing uh in the future is really affecting any of those things really. I mean they're just existing. Exactly. Those are all existing. Oh, I have a question. Yes. I'm not
sure. Okay. I'll just go to throw it out there. Whoever can answer it can um this is raised in in our planner memo. Mhenny's. Um is this a density modification subdivision? Were you able to figure that out? because that kind of dictates as far as I was concerned it wasn't. It's three zone. Okay. I think
it probably was. It was a zero lot line. Yeah. It was which means that some of the things that you think you need variances for you don't. Well, but and and that's you know that I put that in my letter some things and the reason why a because there's an open space that has
access from the end of Vickiy's uh place but um secondly which is happens to be the minimum uh acreage that you need in a density modification subdivision but then also when you start to look and it's in my letter you know you take
percentages of what's required in the zone and the lot meets those those standards. So I think it you know it clearly was probably jam it all together and yeah and so that's most likely I mean why the the lot is so small given
the R3 zone. Yeah. Um, so I I think given that, although we don't have an idea, uh, I'm not sure that we can verify that, but I think that, you know, a variance isn't required for a lot with um the side yard, only one of the
sideyards um is required, a variant. Um, but most everything else, the lot coverage is still a variance. And then of course the shed. Yeah. Is the is the sideyard that you said required because of the shed or if there was no shed, would that still be required? It would
still be required and and the way the ordinance is it's a little it's a little badly worded, but it says the minimum uh sideyard is at least 10 feet, but it must be like a minimum 30% or something like that. So, it was like unclear
whether they actually needed a variance for the 12.5 Western Sideyard, but I think out of an abundance of caution, they should just request it. But, um, so in any event, and I think that's most likely because it's an, you know,
undersized lot. That's probably why the shed is, you know, there aren't as many places to put it because the lot is is undersized for the for a typical R3 lot, right? for that size house. Yes. Right. Um,
wait. I'm sorry, Liz. I'm a little confused. So, they need to provide 12.5 ft for a sideyard setback for the house or for the shed for the for the house. Okay. Which they don't have. Yeah, the shed. 10 ft from the shed. Yes. I I looked at the survey. It says 16 ft from
the from one property line. It's 16, not 12.5. 16. Oh, it's 16. Um, okay. Then it's 16 and um let me see where that came from.
Oh, I see 16. Yeah, 16 on the west side. Oh, but it's it What about from the deck? Yeah. Oh, the deck. Yeah, because the deck's connected. Gotcha. Okay. So, the deck would be part of it. So, that's most likely too 12 and a half. Yeah. And
they're required to how much there 17 175. Okay. Gotcha. So then they're compliant on the east side even with the addition that doesn't create any kind of vertical exact. Okay. Gotcha. Yeah. It's not an exacerbation. Thank you.
That's not fair. Any other you have any other questions? No. I think the only other question we've raised because there wasn't a breakdown of impervious coverage. So I don't know. I think we were just in our office wondering what was contributing to the impervious coverage and making sure the pool was
included, but we just wanted to double pool was included. Okay. Um that might be helpful as a resol if the board acts favor. Yeah. To to have that breakdown um for any future modifications to the house or additions
or future owners eliminations of things. Yeah. Right. Okay. Okay. And then just to wrap it up here in a nice bow. The only variances they need are for lot coverage. Lock coverage and the shed setback right to the
sideyard. But they do need a I think a western western sideyard is the deck. Yes. And then the shed size because it's 120 or the size and then the setback. Yeah. Right. So four in total. Hold on a minute. Sorry. Block coverage.
Yeah. sideyard set back west for the because of the deck right in the house. The sideyard set back to the east because of the shed and the shed size 120 where 100 is Yeah, I think you're right. That's about right. Got it. Okay, cool. Just making sure. And then I didn't note
any conditions in your memo, Liz, and I don't think I heard any conditions suggested this evening. So, except for the breakdown. Oh, yeah. All right. Yeah, we need a more of a detailed breakdown. So, so you want them to revise the plans to have that is that or should I guess that's the compliance
plans. Yeah. Okay. Okay. I'll make that condition. So, you'd have to take the the size of the pool, the size of the truck's deck, the size of the papers and all that. That would have to be Yeah. Okay. I have that here if you want. We want to submit it.
I I mean I don't that's up to Deb. I mean I I don't need it right now. Oh, I think it's part of I can I can I can provide as part of the drawings as well. Yeah, fine. You know, I mean, you could submit it as an exhibit. It might be helpful for the resolution. Then I can include that one way or another. I'll take I can take care of it. Okay. So,
this will be exhibit A1. This will be a lot coverage breakdown. Uh, correct. Okay. This is uh give that today's date, June 17th. Right. He's got over there.
Okay. Exactly what we asking for. Damn, somebody did their work. Nice. You sure this curve is exactly right? Yeah, that looks great. I'll smack them. The pool's green at the moment. Do you want that in the picture? for my records cuz Deb keeps these. That way when I go to write the resolution, I
have You can make a You can make a copy for you. They have I don't want to bother, please. She's got enough on her plate. All right. Um well, while we're looking at that, any other questions for the applicant or their expert?
Okay. None. Um do you Let me just ask you a few questions. Um, how do you feel that this u as far as positive negative criteria? How do you feel that this is not negatively affecting the uh the neighborhood that you're doing this
addition? Is it going to have any negative effect on on the neighborhood or the town? No. If anything, we hope that it increases the value of the home and the homes around it. Okay. Mr. Chairman. Yes. Are are we going to just talk about the addition or are we talking about the other stuff that we're approved? Well, I wanted to first talk
about the addition. Okay. you know, because that's what that's what they're doing. That's what they're doing. Existing, too, right? Yeah. The existing is there, but I just want to talk about the new stuff right now. Um, so as far as the addition goes, it's a positive improvement to your house, right? Yes,
sir. And uh it it doesn't um doesn't make anything it doesn't make the house look that much different than all the other houses in on the street. Some houses in neighborhood actually have that there already. Okay. So, it's basically going to conform to what's already there. Certainly. Okay. As far
as the uh what's existing with the patios and the pool, have you noticed any other houses that have similar type of arrangements with pools and patios? We've been in very limited probably only one or two backyards of the of the neighborhood. I mean, so it's hard to
say. Um has um and we went over the fact that you don't have any uh water runoff issues. No issues at all. Yeah. You're not no neighbors not complaining because water's running off of your property under there. No sir. Okay. Um
and uh as far as positive, it's uh you're using you utilize the the the PA patio and the truck deck for your pool and for outdoor activities. Yep. Just entertaining, spending time with the kids, things like that. Um
anything else? I guess I'll ask a planning related question. Would you guys say that the uh proposal as a whole, everything being presented tonight uh would promote a a desirable visual environment? It'll improve the streetscape and make it a nice dorm. Absolutely. That's a yes. Okay. Absolutely. Can I just say they they
actually don't need a variance for the addition. That's what I'm thinking. Yeah. Well, the proposal I just want to know about the proposal in itself, you know, that everything they're really they're correcting existing. I know existing, but it always is nice to make sure that everything is
is considered. I know they don't need a variance for that. Um, all right. Uh, any other questions? Anything else? Okay. Um, what a bug. Oh, squash. Pretty
significant sized. Oh my god. Must be the board. Yeah. Yeah, it must be hanging out. Um, it's gone. All right. Um, Yeah, he's dead. I can't remember. Dead man. Tell no tells.
Jerry, would you like to start the deliberation? Have to open it. Oh, I'm sorry. You're right. Public. Is there any member of the public out there that wishes to ask questions, make comments, or in any other way have any uh comments about this this application? I assume
that the members of the public are here for the next uh application. Yes. Am I right? Oh, you're from the P. You're with the press. Okay. And you have no comment. Okay. All right. So, here having no other uh public member
except for the applicant who's here for the next one, I'm closing it to the public. Thank you. Um Okay, Jerry, would you like Sure, I'll start. Um I think the applicant has been coming with us. They have uh represented accurately the existing conditions on the property
which are non-conforming uh to no fault of their own. um done a lot of work done without permits which to me uh I'm seeing a trend quite frankly and it's concerning um and we as a board uh I think try to work with our
our residents and our property owners to uh to make the best of a bad situation every time. Um but they're put I think they're putting a lot not you in particular I think that the current situation is putting a lot on us. There's there's been several what's called a density modification zone in our town. So, we're actually reszoning
your property when we do this, which is not what we're supposed to be doing. Um, that's the way I feel. I I think that we're we're going there because we're talking about double the required law coverage, right? Or or the allowed law coverage. It's not insignificant. It's pretty it's pretty significant the
coverage. Um, I mean, small things like the shed, if we really had a a peeve, we could ask you to move that. That's like I think that's the least of our concern here. Um, we're a flood community. Um, we like to have like our lot coverage acknowledged by the by the builders and
I think it's it's becoming a trend that we see it's just every everyone is over and it's not no fault of yours. People buy houses and that's the existing. So I I just I feel that there's little else we can do because it's not realistic for us to say dig out your pool, right? You
want to put an addition on, you know, fill in your pool and fill and take up your patio. So I think we're making the best of a bad situation in saying yes. So therefore, I would say yes given those circumstances. Thank you. Sure. Uh Paul. Yes. Um I think they explained it
all very well and uh the architect did a great job explaining everything and drawing everything up and was great. The uh asbuilt quick survey you had there. That was a great job. Um I just piggyback off of what Mr. Reo said. Um the trend that you see is a lot of these lots are undersized. Um and you're
really stuck with you basically inherited these problems. Um, you basically your lot is 16,600 and you have 20% coverage, right? 20% max cover. That's like nothing. That's like the house. That's a wide driveway in your house and you're done. You're over it. So, uh, you know, again, we
like to accommodate and help out all the homeowners and, uh, I I I feel to prove this, I'm I'm all for it. All right. Uh, Alex, I just concur with what uh Jerry and and Paul have been
saying and again I appreciate that you coming in and setting things right and more importantly, you know, now now we know what's going on and hopefully we can we can make things a little bit better as a result of your actions. So I would definitely vote yes. Tom, I concur
with Mr. Aronio's uh caution. Uh we have a lot of people who are coming before us looking for um some sort of legal resolution for a problem that wasn't theirs. So and that
being your case and you're doing nothing more than popping up a dormer and keeping your place clean and neat. Uh I see absolutely no objection to this case. Thank you. I I concur with the my board members. I I think you're doing a nice job with the property. it it's uh the
house is a little strange on its roof line and uh unfortunately if it was just for that you would just need a building from it but now you have these other issues and the prior owner kind of just did this stuff without any consideration of lot coverage you know there's you know if this property was a little
bigger wouldn't be an issue but it isn't um so I I do concur that uh you know it looks fine you got the fence really it's not intruding on anyone it's not you know overly obtrusive to your neighbors. So, I would be in favor of it.
Alrighty. Do I hear uh Can I I'll make a motion. Or you want to sum it up first? Yeah. You want to just Yeah, I'll do a quick one. Yeah. Do it again. Um All right. So, four variances, both variances, obviously. Uh one for lot coverage, 37.2% proposed where 20% is the max permitted. Next is the sideyard
setback of the house attributable to the deck. That's to the western sideyard boundary. 12.5 ft proposed also an existing condition where 17.5 ft be the minimum required. Next is for the res residential shed sideyard setback to the
eastern property line 1 ft proposed uh 10 ft required minimum. Then uh shed size 120 ft proposed again existing condition where 100 square feet is the max permitted. The only condition would be that uh the final compliance plans include a lot coverage breakdown of all
the improvements on the property creating the lock coverage and that's it. All right. Do I have a motion to approve? I'll move that. Uh do I have a second? Okay. Second was Mr. White. Yes. Yes. Roll call, please. Roio. Yes. Mr. White. Yes.
Mr. Zney. Yes. Vice Chairman Grosk. Yes. Chairman Bar. Yes. Harris. Congratulations. Thank you all so much. Good luck with it. Hey, here you go. Sure. This is for you. You probably don't have an extra enough of those. Here you go. Take that with you. Thank you so much. They're good to have later
on. You like, "Oh, I wish I had one." You want to write notes on them or whatever? Put a frame on them. Thank you guys. You want these? Do you have enough copies of these? Of course. Of course. Good luck. Good luck with the addition. Good luck. Good luck. Yeah. Does anybody need a bathroom break or you want to continue? Fine. I'll give that a break. Well,
fine. All right. Just What time is it? It's just one time for this 12. It is mental health. All right. It's not a mental health. This is I can hear it. Is the next applicant ready? Come on up.
Pause it to take a break. Yeah. That was nice. That was nice. I turn this mic off. All right, Mr. Chairman, while everybody's uh getting situated, I'll just point out the I'll take you probably the uh we did the applicant
here did did actually notice for the board's April 15th meeting. Uh they requested an adjournment. We carried them to this evening. No further notice is required. We deemed everything was sufficient back on April 15th. So the board still has the jurisdiction to hear and decide the case. All righty. Okay. Uh would you swear everybody in
please? Sure. So I think we have our board planner, Miss Lehenny, and then sir, I'm assuming you're the applicant. My swear you in as well. This is your attorney, right? Mr. Delatalia, correct? Yes. All right. Do the two of you swear or affirm that the testimony you're about to provide will be the truth. Full truth. Nothing but the truth. So I'll be go. Yes. I didn't swear. You don't have
to know. John P. Delitalia Delitalia in Sanola Orange, New Jersey appearing for Mr. Definus. Thank you. Would you like to give us a little rundown of what you're presenting? Yes. I first I'd like to make it uh first I'd like to m thank
Mun who's been very cooperative and you guys have an excellent uh board secretary here. I really this was a little bit of a different type of case because it's we also have the municipal court case you know that's uh pending also and contingent upon you know what
happens here. But she's been very helpful. I've been practicing 45 years and very rarely do I run into, you know, secretaries of the board of judgment that really respond. Thank you for letting us start. She stopped laughing. She started she going to give her a big
head stop. I'm not trying to be a brown noer, but No, we know. We know. We appreciate her. Okay. I want to make first perfectly clear the accessory department. What are we doing here with this static? Anybody? Okay. Yeah. Where'd that come
from? Hold on a second. We want to make sure we got on the record. 75 off. These two are off. Yeah. It's causing it. It's not me. I think it's mine. It's yours. I don't know why. Okay. All right. Okay. You
guys don't need to get Stop playing. Okay. All right. Go ahead. I We want to make sure the record screw up. Go ahead. The accessory apartment that was originally started this ball rolling so to speak was used by my client's mother.
She's uh deceased. Uh they have been living in the house. Uh she had been living in the house with them. So that's not a variance that we're seeking today. We're not seeking any devariance. What we're seeking is first the impervious lot coverage. Uh what's permitted is
25%. we're proposing is 35%. And that includes um the shed and the pool and decking area. Okay. There's also a setback and sideyard uh for the
when I say shed, I mean that side garage and there's 10 ft and this one's right on the line. Uh I'd like to have Mr. defenders testify if I may as to the circumstances surrounding everything.
Could you this is kind of the reverse situation of the previous case? Previous case, the pool and the shed were put in by the prior owner, right? In this case, the pool and the shed were put in I mean I keep you saying garage. Garage. Yeah.
Could we get a little history of when the house was bought, what condition it was in? Exactly. And and the timeline basically. Sure. Thank you, Mr. Definitis. Um, when did you purchase the house? 1993. Talk into the mic. 1993. Move it closer to you. Move it closer.
Yeah. And speak. 1993. Like you're yelling at your kids. I got you. There you go. And uh speaking of when was that? The pool was put in approximately 9900.
Okay. and the uh addition to the pool, you know, and it was done in early 2000s, maybe 2002 or three. Okay. Now, uh what about the garage that was Everything happened around the same time. Maybe the garage was say 2005.
Okay. Now, you didn't get any permits. I did not. Okay. Uh what was the reason for? Actually, I did call the town and told the woman that what I was doing and she told me I'm fine. Just do what you need to do. I told her I was making my deck bigger and she said was fine. And
do you know who that was? I do actually. She doesn't work here anymore. So wait, just so I understand. Go ahead. You called the town hall. I did. Construction officer I was adding on my garage because I it
was always wet over there and she said, "Is it wet anymore?" And I said, "No." And I said, "To the truth." She goes, "How's your neighbor feel about it?" I said, "He could care less. He doesn't care what you know what I do. It's making it look nice. So she said, "Okay, do what you got to do." And no building permit. They said, "No."
Very interesting. Yeah. It's It's not like that anymore. But I think a long time ago, people overlooked quite a bit. Yeah. Right. Now, uh, if we look at the application, there were pictures. There's pictures here. If we look at the Yeah. Okay. Is that the front of your
house? Yes. Okay. And is this an overview of the side of your house? Yes. I mean, the whole house and pool now. And this kind of addresses the uh issue of substantial impairment to the uh public good. Uh do you have any rear
neighbors? I do not. Okay. And what about on the right side? Is there a neighbor on the right side here? The neighbor's on the right, but he's very far away and there's woods between the two houses. Okay. And they uh blocked the pool. Yes. You can't No one can see
the pool house. Correct. Now, what about the garage that was added? There's also a line of trees that run up the side there. So, nobody really could see anything. I put a big tall pines in years ago and they really grew very well and it looks very nice there. So, I mean place looks beautiful. I'm not saying
what we did was This is I'm referring to picture number two of the uh application. Now let me just Have you had any problem with the water runoff or anything? No. Now around the
pool, did you do some landscaping? I put stone stone a stone bed around the pool. And since the pool has been there, has there been any problem with water drainage? No. Anything like that? It's above It's an above ground pool that we're talking about. Just so everybody is clear. It's just above ground pool.
And what about where the garage is since you added the garage? I don't We don't have it. You know, the whole town floods quite you know when it floods, but we don't really have any water issues as far as like uh water standing at all.
And how uh your lot is it's in the survey. It is 100 by 200 I think. By 200. Yeah. Okay. And the back area in back of the
pool is approximately what 50 or 60 ft at least. Yes. From uh from your rear rear of your property. And again, no neighbors in the back. No. And the only neighbors on one side here. Okay, I really have no further
questions. Does our planner have any questions? Um, not at this time. I'm still Okay, I may. Um, any questions from board members? Mr. Mr. Chairman, before we do that, could I just try to ascertain what
exactly is being requested? Okay, so you guys aren't seeking any D1 or D3 variance. Correct. No, just C variances for the uh impervious coverage, right? 33% where 25 is permitted, right? Max and the setback and sideyard for the uh
garage, right? So the westerly sideyard setback for the garage supposed to be 10 ft. It's on the line. Oh, by the way, did you ever speak to your neighbor? That's the neighbor there. Yes. And did he has he had any objections? No. No. No objections. Okay. And in fact, you spoke to him prior to us making this
application. Yes. And just for the record, as uh the board knows, we you know, we had to notify him because he did, right? Obviously, but we also have been neighbors for 33 years. It's not like we don't know each other. Um when you say that accessory uh appointment
for your mother, your mother-in-law. Um, what can where was that? And it was in a garage. I put it in the garage. Oh, is that been taken out now? We're not using it. It's not using at all. But what is it? What does it consist of? It's just a garage. There's some cabinets and a stove. That's it. Is that going to be
taken out? If you'd like me to. Well, that's I mean, if you're going to give it up as as that being, I would say one of the conditions is anymore. Listen, my mother was there because I always helped my mother. No, I understand. And she passed away. Matter of fact, the 20th of this month will be a year. And we only advertised it. My wife said, "Maybe we
can make some money." And that's what happened. Yeah, I understand. But I I planned on, and not to interrupt you, uh addressing that with the municipal court on Thursday, saying that he's going to take the you know, the That's one of the things because we don't want to make sure I didn't want to address it here
that it doesn't get used again like that or P next owner doesn't use it like that. So what's the issue with the municipal court if you don't mind sharing that with us? What's What happened? What started the whole ball rolling was there were no complaints as to the pool, as to the garage.
His wife advertised the apartment for rent and your construction official said, "Oh, wait a minute." And that's what brought him in. And then when he saw that, then he saw the other things and that's why we're here for the
impervious coverage and the sideyard. So the mun municipality filed some kind of right charge. What what happens is is there's always a companion municipal court case because in the event let's say uh he didn't remove the stove from
the they can give you a fine and make it uh in perpetuity which is like $100 a day or $1,000 a day. I've seen it as much. I'm sure you folks have too. So the issue is an apartment that's not That's right. the issue with right when
we opened Pandora's box so to speak that's when we found out that we need you have all this other stuff that we needed the variance if I could weigh in put my municipal prosecutor hat on because I do that sometimes um typically you know I I can't speak for the long held municipal
prosecutor but typically in my experience um the prosecutor will often try to get a defendant to try to remediate the zoning issues as a condition of you know downgrading some of the charges or dismissing some of the charges So, that's probably why they're here now. And that municipal court case hasn't yet been resolved, but and I'm
sure as of the recent ordinance in the town with Airbnb or short-term rentals. Mhm. I'm sure that's probably what force the monitoring of the websites. And that's why Miss Naylor from your municipal court has been very cooperative, too. She's held off the municipal court till Yeah. we take care
of this first so we can make a proper representation to the court. Say, "Hey, look, we straightened out the, you know, you know, the v, you know, the impervious coverage in the set yard and we've taken out the stove in the uh the offending uh right I just thank you for that background. I just wanted to know
what's happening here." Okay. I wanted to be as open as possible because you're like I said, your board, you know, Miss Kun and Miss Naylor have been fantastic. Just to get it straight, once you take out those cabinets and stove, there's nothing else in there that would that would make it look I had the building
inspector come to the house and he said to me, "You could put cabinets in your garage. The stove's got to come out." Okay. So, once you take that out, it it can be it it is a viable garage at that point. Okay. It has no bathroom. It has no walls. It has no In fact, that's being that's what it's being used as now
is a storage. I I keep That's a storage unit, you know. And the the rollup door works. It's a regular garage. A regular garage. Not one that looks like a garage, but it isn't. Garage door. Just to have to ask. Um Sorry, Mr. Chair. Just um also technical variances because
this um lot is in the flood special flood hazard area. So there are um variances required from our critical area ordinance. Um all things are critical, right? So that including you know sort of not meeting the setback
from a critical area and for disturbing a critical area. So th those are all uh would be there just two of them but that would be additional variants. Put a shovel in the ground disturbing at critical. Exactly. Also is there a shed that's has a deficient setback on the eastern property line to the eastern
property line I should say. 2.8 ft. I thought it was flagged in there's one that's on the property. Mhm. That's the garage. That's the garage. That's the garage. Excuse me. Yeah, the shed in the rear. Yes, it's 8 by Oh, yeah. Way back in the right hand corner. The shed is
exactly on the property line. How big is the shed? 8 by 8. 8 by 8. Okay. So, it's But it's two only 2 feet off 2.8 ft off the property line. It's got to be 10, right? Right. So, it actually is the shed and the garage. Two
separate garage. Yeah. I I apologize. Says the shed violates the sideline setback of 10 ft. The shed is exactly on the property. That I'm pretty sure that refers That's referring to the garage. Okay. It's It's a little confus I even got confused. One say shed. That's why I thought it was a shed. Is that their
application? Yeah, there's one that says garage and one says the shed on the same page. Page two of the application. Hold on a second. An enlarged deck in 13 to 16. Yeah, it says the shed. Exact. And you bought the house in 93. So that's Yes.
So the shed is not what you're telling us now that we're shed is not exactly on the property line. It's 2 shed is not the garage right but how what is the set back of the shed exactly? The shed is 2.8 2.8 28 it says 2.8. Okay. All right.
And 17 rear. So it's I think it's okay for So it's okay for the rear. It's just side. Okay. And back there is all trees. There's no neighbors, no houses back there. Okay. So those are the five variants. The lock coverage, the setback for the garage, the setback for the shed side set back. And then the two uh
related development within critical areas. Right. Just those five. That's correct. Okay. While while we're at it, I I don't think I saw anything anywhere for the stepstones back to the shed. Uh, since we're adding, we might as well add. Okay. How would that What's back in
this picture? You see steps. It's impervious coverage from everything I've heard. Oh, does that count as Does it What is it? Slate. Slight. It's slate with grass in between. Yes. Okay. I'm I'm just wanted to know what I see. That looks like somebody put a dotted line. I was wonder. Is that included in your lot
coverage already? The 33% sort of I don't think that was the problem. I think it was mainly the Yeah, but what he's saying is each one of those slate pieces are considered impervious cover. Oh, okay. Yeah, we better include them then, I guess. Then you got to measure
each one of them and add it up. Okay. Cuz even though they themselves, even though they're separated by grass, that they constitute an improper coverage. My I think my surveyor when he did it, he included those in there in the in this
33% and 25%. He did. We'll need to know whether he did or he didn't because we can't just Yeah. Right. Just double check that because we can't give you if we were so inclined to give you the variance would have to if we wouldn't know what the exact coverage was unless if you want to give me the variance, I
would pick up the slate to make it you would pick up. It's only a few pieces of slate in a row that I Okay. So, we'll make that a condition. Pick up the slate. Okay. I think that's even better. That way you don't have to go out there with a tape measure and measure each one of them and add it up. I got it. If you don't, it'll make it easier to cut the
along. Yeah. Okay. And that's is that if they're over 33 or No, no, he's just going to pick up the He's going to remove the site. So, they're not an issue. Okay. So, you have less than however that
might be. Let's just say, yeah, might be to Quest 33 just to be safe. Yeah. Right. I I I have I doubt whether somebody out and measured each one of those. be a couple pebbles out there. Um, okay. Any other questions?
Yeah. Okay. Uh, do you have any? Not really. Okay. Actually, hold on. I think Yeah, go ahead. Joe, our board engineer, Joe Buch, she Yeah. mentioned that they would need to get all outside agency approvals. Um, these are suggested conditions. He would need to
approach. you guys would need to approach NJD to conduct a pre-application meeting to affirm absence of presence of wetlands. Is that really applicable here? Is that carryover on my end? I Well, you mentioned it's a critical area, so it's
in Well, I don't wetlands, but it's in a flood area. Yeah. Yeah. Yeah. It it could be I'll double check. It could be on like NJO web that it shows wetlands, but I'll let me double check. Yeah. But if that's something you guys will need to do, you would comply with that.
Okay. Yeah. Okay. Gotcha. So, you comply with all his conditions to the extent they're Yeah. I had spoken to Mr. Mush on that and he said uh he said to tell the truth with how long everything has been there, you know, the the pool. Yeah. Right. The garage and all said
it's really not. Yeah. But just in case because that's out of our control. You still have It's also different than what his writing says, right? I think the writing should supersede anything else. Should that or not or no? What writing were you talking? Well, he has in here he has conditions that he wants. The only ones
that are actually conditions at least that I picked up was just 4 point well four in general because that's all outside agency approval. Yeah, that's what we're talking about. But other than that, sorry, somebody just testified that he said it's okay. No, no, no, no. If it says here, we we
not here. We have to go by what exactly. Okay. No, exactly. They said they comply to the extent it's applicable. So it says they they're going to comply with that. No. Uh, I think what Joe was saying, it shouldn't be a problem complying with that, but they still have to do that.
Um, all right. Uh, any other questions? No. Okay. Just finish. And just for the note, there's no one from the town. Yeah, I was just going to say that. Uh, noting I would, uh, I don't see anyone from the public, not not including the,
uh, the person from the the esteemed paper. Um, we don't have any public, so I'm going to close it to the public. Um, all right. Now, uh, any other information you want to tell us? No, that's about it. I think that covers
everything. Um, I just asking, you have the threecar garage with the three garage bays, correct? Uh, one of them is storage. The other two have cars in them. I could put cars in them. I don't. Oh, they're mostly for my pool, snowb blower, mower. Yeah, mostly storage.
Okay. What do you put in the shed? A couple pool toys. Pool stuff. Just like stuff from the grill. Okay. Outdoor pool. Big shed. No, I understand. I'm just curious what you Okay. So, it it's uh it's stuff that is more readily
available to pool and and um and lawn stuff. Correct. Okay. And also, see the snowblower being in the front, you know, for the driveway. It's hard to get from the back. Sure. All right. Um, all right. Is you you want to give us a little rendition of the positive and
negatives and why this Well, the as I indicated through his testimony, uh, as far as the pool goes, there's no rear neighbor, the side neighbor, the only one that would be able to see the pool is can't really see
it because of the woods that's on the right side. Okay. as to the garage. The only objection to that being on the line is uh would be the neighbor there. And as he said, he's not only spoke to the guy and they're not here, they're not
even here. As to the shed in the back, there's no neighbors in the back. And there's it's all woods. If we look at picture number one on our pictures, oh no, picture number two, which is the aerial view of everything, it's surrounded by woods. So really it
wouldn't affect any of the general public. Okay. So that would that's the positive aspect. What about negative criteria? How are you going to satisfy that? Negative is he put some things in that he should have gotten permits for. He would have probably got the permits.
Okay. You know I I mean that's he would have had got variances, not just permits. Well, he might Yeah, he might have had to get a variance especially be on the sideline uh for the garage. But it it probably wouldn't have been a problem even at that time because the only objector, if any, would be the
neighbor there, right? Oh, what made you go from a round pool to an oval pool? What was the uh just changed it. Okay. Did one wear out? Did one It got old. Oh, got old. It got old and you know, just figured we just change it up a little bit. But that's No, no rhyme or
reason. Just changed it. Okay. Um, anything else? No, that's it. Okay. Um, any last minute questions? Anything? Okay. Um, do you want me to Oh, technically members of the public. Yeah, no members
of the public. I'm closing it. No, I said that there was no me. Nobody snuck in in the meantime. Nobody's sleeping behind the back there. No. Um, okay. Um, Tom, would you like to start the
deliberation? Ah, okay. I'll start my deliberation off much as Mr. Aronio started his off. We have a problem in this town with people coming up to us and uh having to get um absolution from us um
after making a change or two. Unfortunately, you made many changes. I don't know where my head's at right now. I'm still thinking about it. But I looked to it and said, "Well, you were forced to come before us and you are here. You you you're diligent about that, I suppose.
Uh, it's fortunate that your neighbors didn't show up to complain. Um, the biggest problem here is building a garage right on the boundary line. I think anybody would have known you can't do that. Uh, at this point, um, I'm really not
sure how I'm going to, uh, to what conclusion I will come. I, I will listen to the rest of my colleagues. Jake Paul. Um, being that he's a longtime resident of town, over 30 years, and again, not
any complaints and unfortunately your wife had to put that in the paper and blow this whole thing up for you. I got you. Uh, but it's good that it did happen because it made it all come out. I got you'll be good if you ever go to sell the house or something. You know, it'll all be taken care of one way or the other. He came and uh retained me
like immediately once once uh Miss Kun indicated that there had to be there was no like, "Hey, wait a minute. I've been I did this 25 years ago. What the heck do I got to pay and you know retained me right away. You know I contacted Miss Clint got the process going. Right. But
the only stall was is that when for the April meeting is I thought I might need a planner and then when I discussed it with a planner I didn't need it. So otherwise I'd have been here in April. Okay. Right. Again it's not like he just moved into the neighborhood a month ago and he started doing all these changes and no one's aware of it. His neighbors
know about it. Um the water issue, my my little girl plays softball right down the street and I know there's water, you know, always laying in the creeks there and stuff like that. So, I mean, it wouldn't help you to put dry wells in or anything like that. It would just flood anyway. So, I think I would uh probably
go along with this. Okay, Alex, I'm I'm just as torn as some of the other It's like at what point do we, you know, say bad behavior is bad behavior? Um
I I'm struggling with this one. Well, if you don't mind, Mr. Stra, just from a legal perspective, you're supposed to treat these applications as if it's first impression, right? So, you can't really hold it against him whether or not he did, you know. Yeah. For doing it
without permits, but at the same time, you know, you judge the proposal based on on its merits, right? On its merits. Right. Right. So, yeah, keep that in mind. Don't uh thanks for that clarification. I appreciate that. Absolutely. So what you're saying is would we have approved this had this came to us without right without being
built. Right. So would you approve everything you see here? Right. Right. Right. Jerry. Um, again, I'm struggling also, but um, knowing the flavor of this board, I think that we probably would have approved this. Maybe with some minor
changes, perhaps the setback of the garage would be something more reasonable than zero. Um, whether it's five feet or or six feet or something like that. I think that would be the coverage. I think we would probably approve. We probably had some
planting, some some screening. you've already done on your own. So, I think that negates that. Um, again, I struggle with it as well, but I think that knowing this board, I think we would have approved that application, maybe slightly different than it is
right now, but I do believe that we would now. Um, we can't go back and change it, right? And if the board doesn't approve it, Chris, I think that what's the remedy? I
mean, we tear everything down essentially. Essentially, yes. That's not reasonable either. I mean, it's just And we talk about positive versus negative. I mean, you know, like does that outweigh the the negative? And I think it does. I think it's not
reasonable to tear down the Maybe it is at some point, but right now I'm not there. So, so if a neighbor came in and complained, we probably would if the whole not go along complaining. See, even if one neighbor came in, we probably wouldn't probably wouldn't go along with it. Correct. Yeah. This is
this, you know, we've had neighbors complain and we've had issues and and it's just a question of balancing. I agree with you. I think that's what we've done. We've done a good job of that and appeasing the neighbor through screening or increasing the setback like
the guy on Colton. The guy on Colton Road. Yes. We made it work. Yeah, we made it work. So, unfortunately, we didn't have that opportunity here, but there were no neighbors here. There's nobody saying, you know, I don't want that garage, right? Exactly. To be to be completely objective, I think that I would have approved it, you know, at the
beginning. Perhaps maybe I would have want more of a setback and I and I and I would have wanted some screening between him and the neighbor where the garage is. Yeah, we can't do that, right? I'm not gonna I'm not going to be in favor of tearing it down either. I understand. I I understand. Um, I I I
feel the same way Jerry does. U although I I looking at the photograph here, I don't think you could have set it back anymore and still had a garage because unless you took a foot off it maybe, but there's not much, you know, six feet you would have had a half a garage. So, that
being said, uh it it it almost building it as a garage would have had been on the line. Uh but uh you know, are is it something we encourage? No. Is it something we appreciate? No. Is it something we try to make people understand they shouldn't do? Yes. But
this is a every case is unique. Every case has its own positives and negatives. And knowing the seeing the neighborhood here, it it's the neighborhood is is um is a different it's not it's an eclectic neighborhood.
It's a different type of houses. Not they're not all cookie cutter houses. They look different. Uh, it's not offending the look of the neighborhood that I can tell. The neighbor is is not here ranting and raving about the garage. The house is not that close to
the line. The next door to our house, as you can see from one of the photographs. Um, you know, as as as Jerry said and everyone else said, it's not the best thing in the world to have more coverage, but in this case, it doesn't appear to be adversely affecting the
neighborhood when it comes to flooding. It doesn't seem to be adversely affecting the neighbors in any manner. Um, it makes the house more useful. You have a three-car garage. You've agreed to take out the stove and not make it a living area. You've agreed to you agreed
to move remove those uh paver those little uh uh steps going to the shed somewhat elim eliminating some of the coverage. Um, so me personally, do I do I I I like this type of thing? I don't
like to see it, but at the same time, I think we would have been accommodating you if you would have come before us originally in some manner to do this. So, I I would be in favor of of giving you the variances to leave it this way with the conditions that I just stated.
Thank you. So, you know, I know some of the hesitations my board has and that's their prerogative. I don't force people to vote one way or the other. Um, but I think, you know, I'm I'm glad that you did come before us because you have to
clear these things up. Uh, if this house was to get sold, you'd be giving the next buyer, the next owner a headache if you didn't clear this up. So, this is the way to do it. Um, you know, regardless of how it came before us, I think it's a good thing that we're we're
on top of this and we see now what's going on and we can make it uh legit. Thank you. So, all right. Uh, Can I have a have another question? Sure. I'm just looking at the picture number one, the front facing one, and above the garage along the roof line there, I'm seeing
what looks like a chimney. A chimney or smoke? I have I put heat in there. I have heat in there. Yeah. So, and the building inspector said I could have that. He said, "You could have heat in a garage." Oh, yeah. You can put heat in your garage. I just I I was just wondering if that's exactly what it was. I actually don't even turn anything on
because there's no reason for it. So, it was for my mother, but now it's not being used. Okay. And the the uh stove will be out before Thursday. Okay. All right. Yeah. I I I have my probably want to put heat in the garage. It's It's not
a living area, but stuck heat in the garage. So, there's a bathroom there, too, right? There was There was You took that out, too. Well, it was upstairs. It has a little loft there. I have it there, but I disconnected everything. Okay. I didn't want it to freeze over the winter. It still exists. Just the water shut off. Yes. Yeah. But the
building inspector also said you could have a bathroom. Yeah, you can have a bathroom in it. Honestly, you can't even stand in it. It's pretty, you know, it was a the stove is what made it. Yeah. Right. The bathroom would also need to be permitted. No, in a new building. Well,
you never That was never permitted, but correct. No, nothing was permitted. So, we have to also have That's a condition of Joseph. He has to get all the outside agency approvals. That would include building that would include that, right? The the permit for the bathroom. Good. And if you do understand that if it somehow doesn't pass permit, you may be
required to take it out. I'm take I'm not going to keep it there anymore. You're not going to keep the bathroom. It's not being used for that anymore. Why bother? Oh, so you're going to take the sink and the toilet everything will come. Okay, fine. Then that's a condition. You're taking the bathroom out. Fine. So that's a that's a no. The only reason he had it there initially
was for his mother. I understand. The only reason we're saying this because if it's there, then we have the possibility someone's going to use or misuse it. So now it's going to be taken out. You don't have any issues. The water lines are going to be capped and and it's not
a bathroom. Correct. Okay. By the way, what line of work are you in? I do constru I do this work for Oh, you do? Okay. So that's why I can guarantee it'll be done. Fine. Fine. I mean that that that alleviates that issue and and the
fact that it's now a pure garage with no possibility of anyone living there. Correct. Okay. All right. Um Okay. Uh does anyone want to say anything else before we uh make a motion? My questions are answered. Okay. You
want to summarize? Yes. All right. So, the applicant here is seeking no DViances but five bulk variances. One for law coverage 33% proposed where 25% is the max permitted. Next next is the westerly sideyard setback proposed by the garage 64t proposed where 10 ft is
the minimum required. Next is the easterly sideyard setback posed by the shed 2.8 ft proposed where 10 feet is required. Uh two separate variances that I won't even I'll attempt to to asert to understand. uh one is for the location of improvements within a within a
critical area and then another for the principal building setback being deficient to a critical area. Those are uh deviations from sections 142A and 142D of the ordinance. As far as conditions go, um the applicant has agreed to comply with everything in Ford
engineer vuches memo dated April 11th. That's that they're going to obtain any and all outside agency approvals that are required and uh approach the engine still applicable to conduct a pre application to confirm presence of
absence of hear anything anyway. We have a little issues with our We have a haunted microphone system. It's going to be okay. I don't know what I did, but I'm good. Okay. So, other conditions. The applicant will eliminate the bathroom and the stove from the garage.
The garage shall uh not host a residential apartment unless further relief is granted by this board or uh such use is otherwise permitted by the ordinance. Uh the garage, I'm sorry, that's a question. Uh the applicant will remove all these state slips. State slate state slate jeez walkway the slate
walkway there you go leading to the shed and uh I believe that's it I didn't see any conditions in Liz's mouth so I will uh right did you have any you reference Joe's uh yeah that was before we had the microphone he talks
fast I know um do I hear a motion to approve I'll move it okay do I hear a second second okay roll call Mr. Yes. Mr. White. Yes. Mr. Sedra. Yes. Vice Chairman Groskoff.
Yes. Thank you. And chairman. Yes. Motion car. Very good. Thank you. Well, thank you for being accommodating. Good luck with it. And don't worry, stay on. Okay. It's tough to know you need to get a permit for something you don't need to know you need to get a permit. So, we go
back. I'll report back to tomorrow. Yeah. Oh yes. Thank you very much again. Thank you for everything. Thank you. God bless everybody. Thank you. Take care. A tip cup. Oh my god. Really? Oh, that's bad.
That's the worst. Step out. Oh, I'm sorry to hear that. That's not a good thing. That happen. I told my doctor turn my doctor down. All right, Deb, what's coming up? Can you give us a little background? So, July 15th is the only one early meeting in the month of
July. We have uh a gentleman from 25 Dory who will be here for what? Impervious. What do you think? Impervious coverage. Yes. Already existing or anything to do with the driveway? A little bit over what he got
approved for. So Paul 200 I'm sorry. Are you 200? 200 200 feet from 25. I actually live there. Yes. Most people centimeters. So, yeah, I'm actually in the middle of it. Oh, you're
trying to finesse that. Take the obvious. All right. Is that the only application? Yes. And then we're going to do um the annual report. I have an additional one now. I think we need to look at the density modification subdivision.
Yes. Yeah, that might be another one to put in there. Modify it so we can look at it. Yeah. Well, and and just to remind the board, so you know, a little background is what happens in in zoning, whether it's somebody who gets caught or
in sit many situations um buys it that way. And Mr. White is not the only one. What happens is is when you have a variance, you have to do an asbuilt, right? And it gets built a little differently. Correct. And sometimes, unfortunately, that it comes in a little over what they expected. So, yeah. Well,
yeah. If I could add, especially if it was years ago, it was totally different. I mean, the township engineer was Greg Williamson at the time. He come out with a measuring stick. Yeah, it's close, whatever. You know, okay. And they proved it. Now you put everything in, you need it. And you're like, wow. You know, well, again, back then it was
different. You know, like I had to laugh cuz when this gentleman was saying things, it was different. They sure were 20 years ago cuz when I did mine in 2002, believe me, it was more Dawn Dawn Wolf was in charge of everything and it was pretty lenient. Let's not get too far into the other. Exactly. I was just
going to say that 20 years ago. 20 years ago. How can I say? We didn't have Google Earth. We didn't have We're talking in general. Yeah. In general. Yeah. I'm just saying we don't have Google Earth. Things like that. It's all different. Um Okay. Uh what's for August? Is there anything? Uh well, August. So, literally within the last
week, I got five new applications on my desk. So, I don't know. Oh my. Really? Yes. So, uh the August meeting is August 19th. Okay, we do have one scheduled. Um, and I don't ask me when I because I don't remember all. Okay, that's fine. Because it's been a while, but um yeah, so there are five new applications for
the board sitting on my desk that Wow. talking, you know, if I can get a few into the August, we will. And then push to September. September. Okay. We talking residential, commercial. All right. Uh, one may I think one is commercial. Okay. Okay. But the rest are all res. August it's commercial.
No, that's residential. Okay. Yes. The August one is the current one that's scheduled for August is residential. All right. Well, it lets us know what we're up for. All right. Do I have a motion to adjurnn? I'll make that motion. I'll second it. All in favor? I
We're adjourned at 8. Uh