All right, I'm going to call the uh zoning board of adjustment to order at 7:37. Uh call to order and statement of compliance. Adequate notice of this meeting hearings has been provided by
posting a copy of the public meeting/hering dates on the municipal bulletin board by sending a copy to the echo sentinel and by filing a copy with the municipal 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 a judicial meeting/haring must be maintained at all
times. Meeting cuto off announcement is made that is 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/hering by the board unless a motion is passed by the members
then present to extend the meeting/hering to a later specified cutoff time. electronic devices. All in attendance are asked and requested to take their phone out, put it on mute so we don't disturb the electronic devices
as to not interrupt the proceedings. So take your phone and put it on mute. Um, pledge of allegiance. Tom, would you lead us, please? Gladly. I pledge algiance to the flag of the United States of America and to the
republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Roll call. Mr. Rono here. Mr. Geianus is absent this evening. Mr. Rosenberg is correct. He's excused. He did email he
wasn't coming. Okay. He CC you on it, right? He didn't give a reason. So, I thought you Oh, no. No. As long as he emails ahead of time. Okay. You're saying Okay. Uh, excuse. Mr. Rosenberg is currently on a train. We don't know if he'll make it. So, he's currently
absent. Yes. Mr. Watts here. Mr. Mr. Drosy here. Mr. White is excused. Vice Chairman Groskoff here. Chairman Gret here. Chairman, we have a quorum. Great. Okay. So, we can do our resolutions.
Yeah. The resolution of the uh board of adjustment challenge of Long Hill, Mars County, New Jersey. The resolution for 1057 Valley Road Ray, comma LLC. Uh located at 1057 Valley Road, Sterling,
New Jersey, block 10515, lot 4. Application number 25-01Z. The hearing date was Mar the hearing dates were March 4th and 18th of 2025. The board action was on March 18th, 2025 and the
memorialization of this resolution will be May 6, 2025. Has everybody had a chance to look at the resolution? Yes. Yes. Are there any comments, corrections uh to it? Okay. Hearing none, do I hear a
motion to approve the resolution? So moved. Do I hear a second? Second. Roll call, please. Sher Groskov. Yes. Mr. Zrazi. Yes, Mr. Watts. Yes, Chairman Gre. Yes. Motion carries.
All righty. And now we have the next resolution. It's a Salvatore Savvada at 439 Morris Street, Stony, New Jersey, block. You say Mercer Street. What? Just It's Mercer, not Morris. Oh, I said I didn't
say Morris. I'm sorry. It's okay. I'm reading Mercer. I said I'm sorry. You're right. 439. Mercer Street. Right. Sterling, New Jersey, block 117101, lot 9. Application number 25-04Z. Hearing date was April 15, 25,
1920 uh 2025. The board action was April 15, 2025, and memorialization will be today, May 6, 2025. Uh, has everyone had a chance to look at this resolution? Any comments or corrections or anything else?
Having hearing none, do I hear a motion to uh move this resolution? So moved. Do I hear a second? Second. Okay. We'll call. Mr. Watts? Yes. Vice Chairman Groskov? Yes. Mr. O'Neal? Yes. Mr. Zky? Yes. Chairman Grect? Yes. Motion
carries. Okay. Would you pass these up? I I I signed these. Oh, okay. Okay. Now, the next If uh action we have is an application. It's a use variance certificate of
non-conforming use. It's a D1 variance block 13905 lot 2 in the zone R4. The address is 2011-203 Hickory Tavern Road. Application number
25-07Z. Matthew Rizberg. Applicant is requesting to formally authorize and sanction the continuing existence and occupancy of a two single family dwelling units on one lot. I see the applicant is here
with a uh with his attorney. Mr. Chairman, while they're getting situated, I'll just point out for the record, I did review their notice. I find it to be sufficient both in terms of its content, timeliness of service sent to uh owners of property within 200 feet on April 17th and then also published in the Echo Sentinel on April
24th. both more than 10 days in advance of tonight's hearing. Okay. All right. Mr. Zelli, would you care to uh Good evening. For the record, Frederick Zeli Post Pollock on behalf of the applicant. Good evening, Mr. Chair, board members, board professionals,
doing counting as a professional. Well, no, Chris does count. I always forget the lawyers. I'm sort of a professional. I forget my own. Sometimes I forget to Deb's also a professional. Well, thank you. All right. So, uh, Mr. Chair, you have five members now. If I'm counting correctly,
yes, this will be a D1. Okay. Um, I don't know how close on the train the other member may be. Well, I would say go ahead and start presenting your information because we don't anticipate him being here anytime soon. Okay. If you wish to carry the vote, you can. If you don't wish to carry the vote, we'll
see how it goes. But at least if you start putting your and if you do wish to carry the vote, he can always botch it on TV. Okay. And I did ask Mr. Sabiani if uh straw poll could be done prior to making that decision. I think we've done that before. Sure. Well, we we always deliberate, so you can tell from now.
All right. So, this is for 201-203 Hickory Tavern Road. It's at the corner of Home Street. It is block 13905 lot 2 located in your R4 residential
zone. Uh I'm going to give a little longer opening than normal just to kind of bring everybody up to speed both factually and procedurally. Uh and then we're going to have a surprise witness and then the applicant's going to speak. So I like how tonight's going to go. Uh
subject property is a corner lot located at the southwest corner of Hickory Tavern Road and Home Street in the Myersville section of the township. originally comprised of lots two and 14, uh, but those lots were formally merged by a deed in 1986 with lot two designations surviving the merger. The
property hosts two single family residences, a detached garage, and an accessory shed/workshop. The larger of the two residences, and presumably the original of the two, is a one and a half story, two-bedroom cottage facing Home Street. Features a basement level singlecar
garage. Uh, when I reference the cottage, it's the larger home I'm referring to. The other residence is a singlestory one-bedroom ranch facing Hickory Tavern Road with a detached garage situated immediately in front of it. I'll refer to that as the ranch. Both garages are accessed from a shared
driveway coming off of Hickory Tavern Road. The applicant believes the cottage was constructed in or about 1925 based upon newspapers from that year having been found beneath the floorboards of the home and gypsum wallboards having labels bearing patent dates ranging from
1912 to 1921. Township records, specifically the construction department's permit card, which you have in the packet, reflect the following information pertinent to this application. A toilet was installed, presumably in the cottage in 1937. A sun porch was added again
presumably in the cottage in 1941. Chicken coupe was constructed in 1942. Uh, and a dwelling addition uh was constructed in 1954. And that was to the ranch. And we know that because we have a picture you'll see in the packet uh of
a date actually constructed on the foundation. Um the applicant will testify there are two clear sections of that building despite being a small building and you can tell by the foundation and whatnot that one is significantly newer than the other and that's the one that has the date actually put into the uh
concrete. Uh we're unclear whether the chicken coupe was constructed in 1942 was converted into what is now the ranch or if it is what is now the workshop. Uh our surprise witness may or may not be able to address that question, but I will ask him at the time. Uh regardless,
it was apparently a lawful residence as of 1954 because you'll see that your construction card indicates that the addition was to a dwelling. Uh so clearly the town at the time considered that building to be a dwelling already uh and was expanded in
1954. Uh we've confirmed both residence was have been occupied by tenants. Uh from 1985 to to 2019 both were occupied by tenants. Prior to that time um the occupants or the owners occupied the
main house the cottage and did lease out the ranch. As you know, this application was originally filed as an application for a certificate of nonconformity uh brought pursuant to NJSA455D-68 to formally authorize and sanction the continued existence and
occupancy of the two family of two single family dwellings on one lot, which is otherwise not permitted in the R4 zone, and for the continued rental of one or both of those units. At the suggestion of your professionals, we've also noticed for a D1 use variance. Having done so and upon further
reflection upon the proofs required for the certificate, we actually believe the D1 is the more appropriate relief and so we are shifting to that uh this evening. Additionally, with the granting of a D1, a future application to the board can be avoided and that application would have
been a D2 use variance for expanding the non-conforming use if we had been given the certificate. Uh the applicant as part of an ongoing construction project uh is creating a not large room but a large enough room to be a bedroom on the third on the
second floor. Uh but that presumably would be considered an expansion of a non-conforming use if we just had the certificate and then you'd have to be back here for a D2. So I've uh conferred with your council I I think and your planner I think everyone's in agreement that uh the D1 can encompass that relief
tonight. So, we're going to ask for a D1 allowing three things. One is to continue to have two single family residences on one lot, to continue to rent one or both of those, uh, and to be able to have a third bedroom on the
property. Uh, also just a matter of housekeeping, um, unless uh, Miss Lady tells me there's a reason I'm wrong on this, I think it would be a good idea to have a bulk variance granted for vertical exacerbation of the home street front yard setback since we're going up
and we're well in violation of that where it's 19 and change feet is required. So the we'll talk about the expansion that's being done. It's it's solely within the footprint of the home. There's nothing going out, but we are going up in that one spot.
Before I call the surprise witness, does anybody have any questions for me? Yeah, Mr. Zelli, I I was um a little surprised about your bedroom. There's no plans for it or anything. Do we have a floor? We're going to go through Oh, we do have you do have something because that was
not really uh No, because it had no relevance whatsoever to a certificate of nonconformity. Fine. Right. Okay. Mr. Zill, could you just explain for me um at one point I think in your explanation you were saying that there were some uh I guess approvals by the
town for the second construction approvals, right? So they so they were so the town approved construction to the accessory unit that we'll call that the garage apartment rather uh well to the to the second dwelling. Correct. Second dwelling. Yeah. The what I'm calling the
ranch just to keep it clear. Okay. And then the house that faces Home Street, I guess. Is that That's the cottage. That's the cottage. And behind it is the ranch, correct? Okay. And we'll we'll go over some photographs to make that clear as well. Um, so just
to be clear, are both units approved by the town in in historical documents except to the extent that I described? Uh, that's that the extent to what I've described is the extent that we've been able to find. Okay. you know, we did the oper request. Um, we've gone back
through the ordinances. Unfortunately, the ordinances that are available only go back to the 1950s. Your ordinance, we believe, probably goes back to the late30s. Uh, so that's one of the reasons for I'll just change your question. Okay. Are there documents that the town has on file that show both of
those structures as approved units on one lot? No. Okay. If if that existed, we wouldn't be here. That's what I'm asking about. Yeah, that's because I thought you were alluding to that in your in your No, just just just permits that reference thing. If you look at the card, which is part of your packet,
um you'll see that it mentions addition to a dwelling in 1954. Okay. So, you know, we're going by as much as we have, which is pretty much that one card, unfortunately. And your argument is if if there was a problem with that, they wouldn't have they should not have would not have approved
the Yeah. So the way this all came about, which happens in every town and it's perfectly legitimate, is when something goes across construction or zoning's desk, they look at it and say, "Well, there's a condition on this site that as far as we know does not have any, you know, actual formal approval
for, so go get it now." Uh, and that's why we're here. Uh, so but we're, you know, in the position of having to go with what we can find and and that's all we could find so far was that uh that one. Now, as as you know, this town has lost a lot of records in a flood years
ago, and it's entirely possible that there was something, right? It wasn't able to be found. And when did your uh client purchase the property? Um, I will have him testify to that. I'm only saying it that way because he's not under oath yet. Okay. Why don't the deed is in your packet? I'm looking through
it right now. I I Why don't we swear in everyone that's going to testify? Everyone who's going to testify, stand up. All right. Surprise witness, Mr. Kilblock, would you come up here and be sworn in also? Yeah. Give me a second. Actually here for you. Okay. Okay. If all three of you could
just raise your right hands for me. Do all three of you swear affirm that the testimony you're about to provide will be the truth, the whole truth, nothing but the truth. So help you God. I do. I do. Okay, great. Mr. Zel, before we go any further, just so what for us all to keep in mind as we're going forward? Yes. You're not requesting the
certificate of non-conforming use. You're not requesting the D2. You're just requesting the D1 and the bulk. Correct. Okay. Understood. Subject only to the board saying that you're not getting a D1. So, you might want to look for one of the other two. Okay. Understood. I don't think it's going to go in that direction. I got you. Okay. That's all I had. Thank you. So, you
want to uh proceed with your surprise witness? Surprise witness. Would you identify yourself, please? Fritz Keblock. Speak into the mic because it has to be on the record. Thank you. Fritz Keblock, 183 Meersville Road. I used to live at 24 Home Street, which is
neighboring his property. My parents bought the property back in 86, I believe. And at that point, there was a rental on it. That's what helped them pay to buy the
property. It was the income coming in. And when you say at that point, you're referring to the prior owners. Yes. They had a rental. So, at that point, we we've referred to the cottage. You understand the cottage is a two-story facing Home Street versus the ranch, which is the one behind it facing just
on the same page as what we're talking about. Okay. Right. Mrs. Riss lived in the main house. Okay. Which was on the corner of Hickory Tavern and Home Street. the main house and then the Engles lived in the ranch as you call
it. And you said the Engles that was a couple just that was uh George and Ida Engles. Yes. And how long is just for a little bit of historical background, how long has your family uh been in Long Hill Township, Sake Township, uh Myersville section specifically? Uh, my
grandparents built their house on 183 Myersville Road in 24 1924. 192. My father grew up with the Riss family. So, he knew them personally and then purchased their home ultimately. Yes.
Okay. And do you know uh just have recollection of anything regarding this lot as to who lived there or what buildings were utilized even before your parents bought it? Do you have memories to It was just uh Mrs.
Wrist and as far as I know the Engles in there were the I remember you telling me about someone being a general store. Was that the Engles or Yes. Okay. And that which where was the general store? I believe it was the one where Kasamaya is
right now. Okay. And you indicated that the Engles lived in what we're calling the ranch. Yes. Yes. And the risk themselves lived in the main house. Yes. Okay. And then when your parents purchased it in I think the deed says 85, um, did they ever actually live in
either of the dwellings? They did not. Okay. Did they rent them both out? Yes. And do you remember to whom by general terms or uh, did the Engles stay there? The the Engles were in the ranch. They
were there for many years. And there was just people in and out of the bigger house. I remember one guy was a teacher with Del Barton. And fair to say that during your parents
entire ownership from 1985 until 20 you can testify now. 2019 2019 uh when the applicant purchased it uh you were an adult throughout that period. Yes. Did you? And you had general knowledge of what was going on at your parents'
property? Yes. To your knowledge, were there ever any incidents arising from the fact that you had two families in close proximity on one lot? No. Just for background, it's not directly relevant to the application, but at one
point in time, uh, there were two lots there that were merged by your parents. Is that correct? Yes. Okay. There was actually four lots that they bought. The main house and the ranch and the chicken coupe
or tool shed. Now then there was a 50-ft lot up the hill and then there well there was three more 50- foot lots. Okay. 50 by 200 foot lots. But these two they formally merged. Yes. Okay. And you just touched on the other thing I knew I
wanted to ask you about the chicken coupe. Is that what's now the accessory building, the tool shed as opposed to the ranch? Yes. Okay. And you have personal knowledge and recollection of that. I removed the chicken coops out of the
Senate rabbit. That's pretty good personal knowledge. Uh and it's now that was uh prior to my parents buying it. Oh, you move you did that for the wrist? Yes, we did that for Mrs. Perfect. We
even jacked it up. And then did what with it? Nothing. So she didn't convert it into a workshop or anything in particular? No, at that point it was just most mostly storage. Was her house furniture and stuff? Okay. All right. I
thank you very much for coming out and joining us. I don't know if the board has some questions, but I I have a question. Um, we noticed that there was a um a date on part of the foundation in the pictures. Did he Did he see the pictures? I don't know if he see the
pictures, but I can show it to him. Um, yeah, there there's um we might want to start with socket and then there's a 1954 date. Do you recall that anything in 1954 being done? And I do not. You do not. Okay. Um,
wasn't born yet? You just asked. I know. Or did somebody tell you or did you come to know? Did you Okay. My father might have mentioned something, but I don't remember. Okay. Um, throughout the time that your parents owned it, do you recall them having any interaction with
the town regarding this property for any reason? I believe just when they did the sewer hookup and they hooked up both buildings. Yes. And um Okay. Uh that was when the town owned the saw, right? Yes.
And the town went ahead and hooked up both buildings and there was nothing no nothing said about the fact there was two pe two houses on there. No. Um did your parents have any other construction or any other interaction with the town dealing with either one of
those buildings? I believe no. Okay. Any other question? I'd like to ask a follow up on your question there. Uh, regarding the sewers, um, was that part of I think it was the 19 late 1970s that part of the town was sewered. Is that was that when they did that? So that was
part of that connection there. And then is there one connection to this to the town sewer systems or are there two? There are two. There are two. Each house has its own sewer connection. Yes. And each house has a separate sewer bill, I believe. So yes. Okay. And the other
utilities are built separately. I Well, the applicant will be able to tell you that. Okay. Okay. Thank you. Any other questions? Might not be an a question for you and might be uh to be saved for later. Mr.
Zilla, you brought up the fact that there was a third bedroom in question, right? Uh do we know when that was added or No, they were. It hasn't. It hasn't been We're asking for permission to add it. Right. I thought you I thought you said there was something tells me that's why we're here because of the construction, right? Because of the
construction. That's correct. There you go. That's right. Um, any other questions for this witness? Do you have any questions? I do not. Okay. Uh, you have any more questions, Mr. Not for Mr. Kilb. Thank you. Stick around because there might be one. So, you never know.
Uh, check. Uh, yes. Uh, I see that there other than uh Fitz Kblock, there's another gentleman who is the applicant's father. Fine. So there as far as I know there was no disin not disinter there's no other non-related interested member
of the public present so we will close it to any questions from the public proceed. Okay sir identify yourself for the record. My name is Matthew Rrist I'm the owner of this property
since when 2019 November I moved in. Okay. October 29th on the deed that you referred me to. October 29th and 19th. 2019. And where do you physically Well, first of all, do you physically reside on the
property? Yeah. Yes. I live with 20 address 203, the prop uh structure he refers to as the ranch. Looking from Hickory Tavern towards the property, it's the house on the right, the one-story house with the garage in front.
and they've already heard that some renovations have been started. Which building are those being made to? They're being done to 2011, the house on the left. And on the corner of Home Street and Hickory Tavern, just to clarify this a little more, I'm
going to show you a packet of photographs that the board does have in their possession. It's in the exact same order. What I'm going to ask you to do is one by one tell the board what's shown in that photograph and please confirm that it still accurately portrays what it would look like today.
Okay. So right here your vantage point is Hickory Tavern Road looking up the hill towards Home Street. House on the left has the address 2011. The house on the right which I live in has the address 203. If you were to drive by it today, it wouldn't look too much
different. You would see replacement windows installed in the house on the left. That's 2011. But beyond that, nothing structural. So from the outside, you wouldn't see anything different. Next. Go to the next. Next. All right.
That's looking at address 2011, the main house from Home Street. Looking at the side elevation of which there is I guess you could call the main entry to the house. The front door is facing home is facing home
street counterintuitively even though the address is 203 2011 Hickory Tavern Road. So you're looking at the side elevation of the house where there's a gravel driveway and the and the backyard. All right. Next photo.
Next, again, you're looking at 2011 there. That's the larger of the two houses, and you're looking at it from the, you know, opposing elevation view. Uh, 180 180 degrees away. You're looking at this house. From the point of view,
you would see it walking out of the house I live in, perhaps a little bit closer. From the home street perspective, it would be the back of the house. Would that be fair? So, you Yeah, you're seeing it from from the back. Yeah. Side back, diagonal. Yeah. Yeah. Matter
of perspective, I suppose. So, that's what you see there. How many entrance doors does it have? So, it has an entrance door on Home Street. That would be, I guess you could say, the main entrance. It has an entry an entry door in the back. That's in the that photo.
That's the door on the right to the right of the Bilco door. You have an entryway to the basement with the Bilco door. And then you have on the left of that house, that's a a door exiting to a balcony over the garage structure. Okay.
So, there's three or you could say four ways into the house. Okay. Well, the balcony is not accessible from the ground, is it? True. No, it's not accessible from the ground. Okay. And sir, uh sorry to interrupt. Where you were just pointing there, is there a patio in that area? because I'm looking
at the uh the kind of the surveying map. Trying to orient myself with the pictures, right? So, you're looking at this. No, he's looking at the actual survey. Okay. It looks like there's a shaded gray area that says patio. So, that So, that would be coming out this back
door. Okay. In this image, it would be walking out this door to the back of the house. And that's the patio area. That's the patio. It's like a blue stone impromptu. Okay. I'm oriented now. Thank you. Next photo. All right. So, next photo. You're
looking, let's say, westwards. That's the sun setting in the west in the background. You're looking down the hill. From home street across the backyard, which as they discussed was two lots joined in
the past. So, that's the backyard. So that open area in that photograph is part of the property. Yes. Okay. Correct. And and also in the background there you see the accessory shed, the former chicken coupe. So that's what you see in the distance here, that white
building. Okay, next photo. All right. You see there? That's the house in 203. The ranch house, onebedroom, oneb house. And downhill from there is the the out building, accessory building, whatever you like to call it.
And what do you use with the the former chicken coop? What do you use for tool storage workshop? Like a shed. Yeah, it's a shed. Yeah. Okay. You don't keep chickens in here? No, I don't. One day. All right. So,
right here is the back of the house. 203 one I live in. Uh on the left towards the background, you can see the back of the garage that's in front of that house. Just to be clear, that is an actual detached garage. It's very close to your
house, right? It's a detached garage. Yes, it's very close to my house. Very close to the front of my house. What is that pipe sticking out of the ground? Uh that's an issue with the gutter. Um since I I have to cut it down flush.
I had some grading and drainage issues with water intrusion in my basement. So, um I've added top soil or like filler to that to prevent water from rushing down and flipping. Is that a dry well cleaning up? No. No. No.
So, that pipe is meant to do what? The PVC pipe. Looks like PVC. Yeah, it's PVC. Um are your leaders going into that eventually? No. No. They're they're um I'm not even sure to be honest at this point. It's being capped. It's being
capped. Yes. So, do Well, did you install drainage in that area? I added I added top soil build dirt to to promote water draining away from the basement, away from the house. And were pipes installed
in the ground? Um, I dug a pipe up and I'm capping it. Did you put that pipe there? No, it was a rotten cast iron pipe I found in the ground. No, this this PVC he's referring to. Yeah, I did. You put that? I did. But you don't know what it's for. I It's capping off a
leader. A a gutter was draining into this. It was a gutter was connected. It looked like an ancient cast iron pipe was tied into other pipe. Another pipe. So, so it was an underground drainage, but it didn't work. Okay. But how's this
fixing it? Is this fixing it or just capping it? I'm I'm just capping it. Okay. Because I as I was dealing with that, I found a cast iron pipe which apparently So now your down spouts go to grade level. They're just going to grade level and away from the house. Yes.
Away. Yeah. Away from the house. Next photo. All right. That is should workshop. And next photo that is the west side foundation
wall of um 203, the house I live in. Right here. Took a photo of this just to show, you know, some evidence that it it was built in 1954. And I'm glad you said that. For the record, I took all of these photographs about two months ago.
He took all these photographs approximately when were the photographs taken? Uh in early March. Yeah. March of this year. Of this year. Yeah. Yeah. Thank you. Sure. Welcome. Just from your observations in living in
the ranch, is it visible to you or obvious to you that there were that there's two sections of that building that's built at separate different times? Yeah. So, if you go into the basement, you can see um like two structural footprints. Like
you can see one type of block and then it you can tell um that there was a deeper grade dug and a different footing poured for another section of the house with different um types of block and different framing
members. You can see that the roof was conjoined at the top because it's slightly disjointed and settled at a slightly different rate. So to my knowledge, I'm not a structural engineer, it looks like a different structure. How many rooms in this? How
many rooms? One bedroom, one living room, one kitchen, and a bathroom. Okay. Yeah. based upon your observations and the differences in the foundation and the structure is the foundation where this 1954 is etched in. Uh is that on
the newer section? That's on the newer section. Yeah, that's on the side where the bathroom is. Yes. And you've actually personally seen the construction card that we've submitted, right? Yes. Okay. Uh and is that consistent then with the addition to the dwelling mentioned in that card 1954?
Sounds right to me. It's consistent that they both say 1954. Consistent in the to the description to the extent that there's a description there. Yes. And then it has the same year. I got you, council. Thank you. We're lucky if we get two or three words
off of that card. Fair enough. Next picture. All right. So this picture was found behind the wall of uh the kitchen which I demolished in house 2011. That's the larger house
cottage. Yeah. So he Mr. Zelli here was asking oh you know what what sort of you know documentation can you find that that shows when this house was built? And this was right after I did like complete demolition in the kitchen. I
said, "Oh, shoot." We we lifted up the uh the floor, the wood flooring, which was bad. And underneath it, the floor layers must have laid newspaper, like periodicals of their day. So, you could see the classifides of like 1925, I
believe, and you know, all the news of the day, and who was hiring, what was going on. But I was like, "Oh, interesting. I guess they, you know, everybody read the paper back then." So, so they used it as insulation. That's their underllayment. Yeah. Yeah. That's what they did. So, oh, 1920. I guess they laid that for 1925. But this shows
that uh the sheetrock or plaster board orever this may be patented. Let's see. It's on here somewhere going back starting 1912 and going up to 1921. So that's in line with 1925. Yeah. Yeah. Yeah. It just shows it's in that era
roughly speaking. Okay. Is that is that the last photo? What's that? Is that the last photo? Um, yeah, that's the last photo. All right, that's cool. That's good. Now, we're gonna show
now just we're going to mark as an exhibit a three sheet compilation dealing with the uh renovation that's going on. As I said, this wasn't relevant when it was simply a certificate of non-conformity
application. Now, it is relevant. So we want to give the board some indication of what you're doing certainly as to the U. So you can mark that A1. So we're going to mark this as A1. I will tell you the stapling is a little weird because the way the machine
copies of 11 by7 sometimes is a little weird. 562. Okay. It's dated today. I'm sorry. We're dating that today. Yes. Okay. Perfect. You want to give the mark copy to them and I'll give the mark copy to Mr.
Yeah. to whoever. Bring me the bring me the copy. Okay. So this is what we're marking as A1 for identification. Three pages, right? Three consisting of three pages. She's just bumping out the back or
whatever side you want to call it. Yes. On the second story. So let's do this first. Let's just go through these these three pages and tell them what they're seeing and then we'll kind of compare them a little bit to the photographs. So, just for starters, if
you would take a look at A1 and the first sheet in particular, explain to the board what it is they're looking at on the first sheet in regards to what I'm proposing to do or just just literally what it shows. Just literally what it shows.
So, it's plan view here. You're looking obviously down at the property northwards. You're seeing Hickory Tavern Road. On the east side, you're seeing Home Street. The as
specified existing one and a half story frame dwelling is the house I'm proposing work on. The work is just bumping out the second floor over the existing footprint of the first floor in that hashed block. where it says
proposed second floor addition to overexisting footprint. So what you see is what you get there. And just while we have that sheet looking to the west, it does show the other two buildings as well. Is that Yes. So to the west you see the ranch house, the house I live in, the detached garage and cut off
through the scanning issues would be the shed. Next sheet. And just to answer the question you had is this was it requesting existing patio just to confirm your question. Yeah. So that was looking out the back door where it says existing
patio. Gotcha. Okay. Thank thank you. In a prop. Okay. The second floor plan view right here in the center. The area with where the heavy line weights
begin in front of that where it says existing roof below is the existing roof on the first floor facing out towards Hickory Tavern Road. Nothing's being done there. The proposed work is going to go at the back over the footprint of
the first floor. And um it's going to consist of a bathroom corridor and a storage room. Now, we're asking the board tonight if they would to grant us uh relief in
order to change that room into a third bedroom. Is that correct? Yes. The the so-called storage room. So, what's labeled here as a storage room, that's the room we're asking to be able to converted to or construct as a bedroom rather than as a storage room. Okay. But
that is new construction. So both the bathroom and this room that now you want a bedroom is a is the new construction. Yeah. Yeah. What's existing is the stairwell and those two other existing ba bedrooms. Yes. That's all that exists there. Okay. So right now there's no bathroom at all upstairs. There's no
bathroom. No bedroom. There's two bedrooms in the house and one bathroom on the first floor. Okay. Yeah. And while you're on that sheet, looking looking to the bottom right, um obviously the addition is is a rectangle. The short end that is facing
Home Street, correct? This short end is facing Home Street, correct? Yes. So the longer end is facing the large the empty portion of your lot. Yes. Correct. All right. All right. onto the elevation view from the
vantage point of home street third sheet of A1. So basically the proposed work is the the um the plane facing out towards the left which breaks off from I guess you could
call it like a mansurd style roof going back. So that's going from north to south over the first floor within the footprint of the existing foundation. So you would be seeing that wall that
you're facing would be the proposed third bedroom with the bathroom and the bathroom. Yeah, that window be going to the bedroom. Beyond that would be corridor and a bathroom. I'm going to show you the second photograph in the packet that you
testified to before. Would this correlate with the third sheet of one? Yes. Yes. So, this syncs up with that. This image here, right? Correlates to You're filling in that empty space. Yes. Exactly. Can you just show us the the
photo on this side? We weren't able to see the angle you have right here. This one. Thank you. Sure. No problem. So, that's a photograph. The addition is going to be second level to the left of the chimney. Correct. Yep. And the chimney is going to be removed. Oh, the
chimney is being removed. Chimney is being removed. What is that chimney for? Just a fireplace or going to a boiler? But what are you going to use as a chimney for that boiler then? What? How are you How are you hitting the heat house? It's going
to be upgraded to HVAC from Oh, no need for a chimney. No need. Okay. All right. It's going to be high efficiency. Yes. Okay. So, it's going to be heating cooling unit all in one. Yes. Okay. And it's going to have a vent but not a
chimney, right? Okay. So, that's just very I'm sorry. Go ahead. I I don't see any plans for the first floor. Can you just uh confirm that there there are no bedrooms on the first floor? There's no bedrooms on the first floor. What is on the first floor? Just tell the first floor.
Um, so there's you if you were to walk in the back door, there'd be an a there's a kitchen, a small eating area, a small windowless bathroom, um, a a dining
room, an office, and a front room. So, like a living room. Yeah, a living room. Yeah, depends how you want to use it. How big are these rooms? I'm not talking real big, right? No, they're not very big. Are you doing the construction yourself?
No. No, not all of it. Are you a builder? No. I do construction, but I'm not a builder. Okay. Yeah. Is it fair to say you and your dad are kind of GCing it though yourself? Yes. Yeah, we're managing it ourselves. Yeah. What is your plans? Are you going to
move into that house? You're going to rent it? Yes, most likely. So, you're going to move into the bigger one and rent the little one? And then once you move in, you're asking the board for permission to be able to continue to rent out the ranch at that point. Yes. And technically, although that might not be your plans now, still
to have permission to be able to rent out both if that were in the plans down the road. Correct. Is anyone currently occupying the cottage house, the larger house? Yeah, the Okay. No, it's not inhabitable right now
because of the construction. Gotcha. Right. You tore apart the kitchen. Yeah. We have to figure the US Gypy, right? Any changes to the outside of the building proposed?
Other than getting the replacement windows? No. No changes to the siding? No, I mean to the grounds around it. Uh your your sidewalks going to stay the same, your stairs, your patios, all that's going to stay the same. Nothing is changing from what you see in the images here now. Okay. All right. Just
making sure. I just Is that Is the driveway on the second photo going to stay gravel or what? Your Well, or for the time being. For the time being, it's going to stay gravel. I'd like to pave it eventually. Yeah. Save yourself.
What's that? Save yourself some money. Ask for it now. Now? Yeah. You don't have to do it right away, but Sure. I mean, the plan is to pave the driveway. Yes. The whole driveway. Yes. Well, just up to here, right? But they're not in the lot coverage calculations right now.
Is that what you're talking about? Well, still be. They should still be. Yeah. So, what's the difference then? Why are we asking? I I don't think I don't know if he wouldn't even need permission. If he doesn't need it, then it's fine. Okay. Yeah. Just be As long as he's building the same footprint. I was just wondering why Tom was asking. I I I was just going to wonder that too. But bear
in mind on this lot because it's it's not technically a double lot, but you've got that entire vacant half. So coverage is we're only at 13.6 when 25 is allowed. So and you counted in the stone driveway as coverage, I assume.
I believe that's included, but even if it were weren't, it would still be nowhere near I I know. I'm just wondering. Is it like 610 of an acre or something like that? Is that even that's from memory? I don't know. I read that some Yeah, it's
37 38,000 square feet. So maybe even more than that. 377. Okay. 37689 if you really want to get green. Oh, I hear 38. That that changes everything. So it's not quite double. So, it's not
quite a double lot. Uh lot area in this zone is 20,000 square ft. So, a little bit under that, right? It's shy of a double lot. Right. All right. Uh I think we've covered everything that we need to. As for the exterior of the your bumpout, for less
for lack of a better term, it's going to match what you have currently on the building. Is it's going to compliment? Are you going to side the whole thing over? I try and tie in uh aluminum siding to match it. Okay. Is that what's there now? Aluminum. It's aluminum siding.
Yeah. They still make aluminum siding. They do. I think you still can get it. Yeah, you can still get it. Either that or resside it all contiguously. Either way, visually you're going to make it. Yeah. Make a different color or something. Blue Stuckco. It's going to
all match. Yeah. Yeah. And you're going to have leaders on this roof for the new addition coming down to Yes, it would be leaders going out to grade. Yes. Another question about when you purchased it, did you know that it was
challenged in this way? Do you think there's anything odd about two houses on one lot? I thought it was interesting that there were two houses on as far as you didn't consider that. What's that? You didn't consider that it
was non-conforming property. I'm I I I did consider I considered it to to be an appealing property for five. But you didn't bought it. Yeah. But you had no idea about the legal status of it. Not the depths of it. No. No. No. Did you consider as a novice? Yeah. Then
did you consider drawing a line and then try to separate them? Was that discussed with your attorney or anyone else? Was that considered? Well, we we've gone over a couple different plans. It's possible. What's What's wrong with that? I mean, I just want to know. It doesn't work. It's just multiple variance relief
at this point. It's It's still something that they could do in the future. Well, one lot would be undersized then. Yeah. One lot would definitely be undersized. It's or two. Yeah. You could wind up, right? Yeah. Yeah. You could do one under size one compliant or two undersized. That's correct. It's kind of
an odd shape there, too. I'm just looking at the path of least resistance for him and people in the future, too. It's a very interesting question. When you start talking about that, because you start talking, do you reeparate it the way it used to be and make that empty space and empty lot? Now you've got a much smaller lot with two houses
on it. Do you try to take a line from Hickory, split the two, build, you know, but that's all theoretical and not uh Okay, we're not at that point yet. Okay. If ever. All right. Thank you. Any additional testimony? Nope. I have nothing further for Mr. Risberg at this
time. Nothing further for Mr. Keelblock at this time. Oh, I'm sorry, Mr. Zelik, real quick. Um, the setback for the addition, what would that Can we just quantify that? I know that's one is I'm just going to take it off. Miss Lane's
Yeah. I'm sorry. 19.19. Gotcha. And 50 is required. So, okay. So, you're increasing a setback, but only vertically. Right. Right. Not getting any closer. We're just going up. Right. But it's still increasing the amount of wall space there. Yeah. Y. Can
I actually I have a question so for Mr. alley which is so there a number of existing non-conformities you know with the shed placement and the garage placement in terms of the and it's in my letter that we we noted them as an existing non-conformities but would you
like to sort of wrap those into this application now to to get relief you know all at once so it's it's all kind of I would be very happy if the board would consider putting in kind of a catchall in the in the resolution that any existing nonconformities are
ratified, confirmed, whatever you might want to, however Chris might want to phrase it. Yeah. Because your shed, your your tool shed or whatever that used to be is a little closer than it should be, too. Yeah. The garage, the shed, the cottage, and also I think the garage and
the ranch are too close together. I think I'm not sure. Uh that they are so close to one another it would have to be true. Okay. Yes. I I think that if nothing else, just as a matter of housekeeping, I think that would be a good idea. Okay.
Thank you. All right. Um Sure. Um I'm going to uh I will go over some planning arguments. Yeah. Go ahead. At some point, but let me know when you're
Well, no. Go now. Do it now. Okay. So essentially we're looking at a D1 uh and a C arguably a C1 uh for the setback. So just to go over it briefly uh under a D1 the standard has generally been defined in relation of uh the
purposes of zoning and particularly the general welfare purpose a uh this is under medi versus BPR 107 NJ1 1987 uh and as you're familiar with the standard announced in medi or medichi depending on how it's pronounced
everybody has a different opinion on that uh it's the subject property whether it's particularly suitable for the proposed use uh The Supreme Court some years later uh clarified that demonstrating their property is particularly suitable for use does not require proof that there is no other
potential location for the use. Nor does it demand evidence that the property must be built in a particular location. Rather, it's an inquiry into whether the property is particularly suited for the proposed purpose in the sense that is especially well suited for the use in spite of the fact that the use is not permitted in the zone. Uh that's uh
Price versus Himemedi uh 214 NJ 29 263 2013. In this case, the fact the subject property has functioned peacefully with one or both of the dwellings rented out for many decades demonstrates it particular suitability for this use. Uh
furthermore, in addition to general welfare purpose of the MLUL, this use satisfies some other purposes, including purpose E, which is to promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities, regions, and preservation of the environment. In this
case, by providing an affordable rental unit, uh or possibly two because even expanded, we're still going to be looking at a three-bedroom home uh which is obviously on the smaller end by today's standards. Uh this could provide housing for senior citizens, young
persons with limited financial needs uh who may not be in need of a large home but do not wish to reside in an apartment or some kind of shared space. Also purpose G to provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial, industrial
uses and open space both public and private according to their respective environmental requirements in order to meet the needs of all citizens and again for the same purposes uh to provide an alternative uh housing opportunity for those uh who are not looking for a large home might not be able to afford it.
Purpose J as well to promote conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban spraw and degragation of environment through improper use of land in this case by pre preserving a site that has been part of the historic hamlet of Myersville for
decades literally. The expansion renovation of the cottage and this really goes to the C variance uh will also assist in conserving property values in the neighborhood which remains a purpose of land use regulation even though not expressly stated in uh the MLUL and
that's under homebuilders league of Jersey versus Township of Berlin uh 81 NJ127 1979. Negative criterion are also satisfied as both the D and C variances can be granted without substantial detriment to the public good and without substantially impairing the intent and
purpose of the zone plan and zoning ordinance. As to the D1 variance, again, the proposed use has existed for decades without any detriment. And as to the C variance for the vertical exacerbation, the expansion of the cottage is within the existing footprint of the home and is facing the open portion of the lot primarily. Uh extremely well distanced
from the neighboring home and lessening any potential impact that the proposed expansion would have upon the neighbor. Uh so we don't believe there's really any negative issues at all, any detriment. Therefore, the negative criterion is satisfied as well. And for those purposes and reasons, we believe that this relief, both a D1 and a C1, uh
we'd argue it a C1 since you've got the hardship of the fact that the house is where it is and uh has to be located in that same location. So, for those reasons, we would ask for the D1 to be granted and the C1 to be granted. Uh and again D1 for two dwellings for ability
to have rental use and for the third bedroom and any variances regarding the other buildings and the so we'll call them the housekeeping variances for the existing non-conformities that are all identified side. Yeah. Okay. And that's it for
appreciate your that there is um no public that came in in the meantime. So, closing it to the public. Thank you. Um, okay. Um, since we still do only have five, I would like to hear comments before Yeah, I'm going to have a I'm
going to have deliberation. Right. I have one more question or the attorney. You did mention the word affordable. So, thank you for reminding me of a question I had earlier and it slipped my mind. Does it does it constitute affordable housing, the rental unit? I will defer to Miss Laney because I have
deliberately not been an affordable housing attorney. Um, it it would only so far as the owner wishes to deed restrict it for a period of 40 years to a low and moderate income. 40 40. Jesus. Uh, for the
record, you don't want to do that, right? Say no. Good. So, no. I mean I it no it wouldn't officially it no it wouldn't it wouldn't be able to address town the township's obligation even if it might in effect be
providing an affordable housing even for one unit we couldn't get one unit not if it doesn't kind of check all those boxes okay we should have some kind of construction on that probably so we know what we're doing when we have these opportunities
what it does though is it provides or would provide one possibly two units that are available for people that are affordable despite not being affordable housing in the technical terms. Yes, I do understand that. But providing opportunities, you're fulfilling the spirit of affordable
housing without the technicality, right? It's the technicality. Yeah, it's the technicalities. Okay, would you like to start the deliberation? Sure. Um, I uh really appreciate everyone's uh presentation today and kind of the history lesson
about the project or about the property. Mr. Kebblock, thank you for coming in and telling us your your memories dating back quite some time. Um, not every day we get to see something from 1942 or 1954. Um, so this was kind of interesting to me. Um, I appreciate the
efforts taken to kind of piece it all together the best everyone could. Um, look, it's been used that way for a very long time. I think purpose J that you mentioned council preserving the history of Myersville is pretty an interesting um point and rather compelling. So I
would be inclined um to vote yes if we do end up voting. So thank you. Thank you everyone. Uh I'm of a sim similar mind. The property according to the photographs and driveby uh is in nice shape. You've done a good job keeping
that up. I thank you for that as a member of the town. and um the reason for your application is uh meets both the positive and the negative criteria and I think that I would be voting yes. Okay,
Jerry, um I don't see any uh substantial detriment to the public good. So I think or or the zone plan or the ordinance. So I think you have satisfied the negative criteria. I'm reaching for the positive criteria and yes providing much neededed housing in New Jersey. I think we can
get there even if it's not a designated affordable unit. I think that it does, you know, add to our housing supply in town. So, I think I'd be in favor of it. Thank you, Alex. Um, I know the house well, know the area well, live up the street. Um, it's, uh, got a lot of
character as everything does over in the Myersville area. Uh, it's very easy to find properties that are built in the 50s and 20s over there. All you got to do is walk around. But, um, I'm appreciative of the, uh, the additions that are being done
and the improvements that are being done. Uh, the only concern that I would have is that as you do that, what I notic is that the other properties kind of have a different exterior. Uh, I don't know whether it's vinyl on those or or the like. And if there's some way to kind of maintain some sort of consistency between all the buildings as
as you go forward with your with your expansion, I'd appreciate that. Um, but I certainly would vote in favor of it. I think it's a definite positive for the area. Mr. Zroski, I know I was going to stumble. I tried. Not a problem. Just I'm being a paranoid lawyer for the moment. You're not within
200 feet though, right? Not even close. No. No. When he said down the street, he actually meant past I'm up the street. He's up the street. He's not. No, he he knows better than that. Yes. Um I also feel that the property is well suited
for this. It it's been existed there for many many ages. Uh to the naked eye, it looks like two separate pieces of property. If you look at it from the street, it really doesn't even look like it's the same. It's not uh aesthetically
uh uh you know, pro it's not no aesthetic problem. Uh I think making that house bigger on the top is more usable, you know, makes it more functional. Uh right now, I mean, as as uh Mr. Goblock stated uh people lived
there in the past, but people in the past tended to be uh happy with a smaller house. Nowadays, you know, you want a bigger, you want a bedroom up, a bathroom upstairs. You don't want to have to go downstairs every time. Uh especially at my age. But um I I think
it it is a positive. Um it has existed that way. It uh it aesthetically looks fine. Uh if your sighting is one way on one house, just make sure that everything's consistent on you said consistent on that cottage. If you're going to change it, change it the whole
house. If you're going to leave it the same. Um so I would be in favor of it also. Thank you. So, and unless my client has a different view, I'd say we can go ahead with a vote. You're comfortable? Agreed. Yeah. Could I can I just summarize everything
that's being saw here? Just want to make sure we're all on the same page. Okay. Uh first and foremost, D1 use variance. This is to permit two dwellings to be on the property, the rental use of one or both of the dwell of the dwellings and the expansion of the uh the cottage house. That D1 covers all three of
those. Um the first bulk variance for the uh front yard setback vertical exacerbation of the cottage house required to be 50 ft proposing an existing condition of 19.19 ft. Um, also variances for all the various existing
non-conformities. Um, let me just go through Liz's memo just to make sure we're all on the same page with these. Uh, the minimum front yards. Oh, no. Take caverns. Good. Um, the sideyard, which is 19.5, where 10 is required. Minimum combined sideyard, which is
19.5 where 67 ft would be required. I think they're both nine. No. Am I reading it right? Oh, I'm sorry. Yeah, nine. My I'm sorry. I'm reading off my phone. Is that helpful to you? Yeah. Yeah. I let Mr. Zosnney borrow my memo. So, I was reading off my phone. Okay. Um getting back to it. Okay. So, just to go
back to it, the minimum sideyard combined uh existing and proposed is 9.5 ft where 67 is required. Uh minimum location of the detached garage from the principal structure, it's less than 10 ft. I think you said what? It's like about a foot away.
It's really Well, you can walk between us. Yeah. 16 in. Okay. Let's say 12 inches just to be safe. Um 10 feets required there. 12 inches is proposed minus one foot. Uh minimum side and rear yard. Oh, of the same for the detached
garage. Uh 7.07 ft on the side. Uh greater than 10 feet on the rear. So it's just that on the side that's where the non-conformity exists. Uh shed is of or I'm sorry, the garage is of a compliant height, right? It's less than 20 feet. Yes. Okay.
Uh then the shed, the chicken coupe, quote unquote, uh the sideyard setback for that, which is 7.34 feet where 10 is required. Uh it's okay on the rear. And then uh how big is the shed or I'm sorry, the the chicken coop, shed, whatever you want to call it square
footage wise is less than is it less than 100 square feet? Oh, I would say probably. Yeah, I would say so. Right. I'd say so. What What would you approximate length by? Less than 100 square feet. That would be a 10 x 10. So that to be honest, it's it's a slightly
larger than that. What is it? 10 x 20, 10 by 30. What would you say? Maybe 10 by 15. 10 x 15. Okay. So 150 square feet. Yeah. Okay. So bigger than 10 by 10. Okay. Got it. And that is it as far as the non-conforming conditions go that
they're seeking relief for. Um, as far as conditions, I didn't note anything in Liz's memo. Joe didn't even submit a memo. Um, I guess the only thing that could conceivably considered to stipulation on the part of the applicant would be that the siding of the addition would would match or they'd resside the
entire building. And I think that's it. So, if anyone leaving something out, somebody let me know. Is that satisfactory? That's my recollection as well. Yes. Okay. All right. Do you want investigation? I'll make a motion then to approve as as written by our attorney if that's okay. Thank you, Jerry. Do I
hear a second? Second. Okay. Well, roll call, please. Mr. Rodeo, yes. Mr. Watts, yes. Mr. Zrastein, yes. Vice Chairman Groskov, yes. Chairman Gr. Yes. Motion carries.
Congratulations. Thank you all very much. Good luck. Wonderful evening. Good luck. Sure. Congratulations. Um, good luck moving up to the big house. And good luck with everything. Moving on up to the big house. Oh, yeah. like I
don't know. It's nice that you have a place to stay while you're doing that. Oh, I know. Do we have any other business? I'm just curious. I think that's it. Can I make a motion to adjourn? Uh yeah, we uh any housekeeping? Deborah, just tell us
what's coming next so everyone annual report. Okay. So, we hope everybody can make it for that because we like like everybody's input on those things. So that's the second from tonight's annual report. Is that's it? Uh so yes. Okay. Yeah. We really need to we've got like
three years to review. So yeah. Just so everybody know June 3rd I'm I have another engagement. So you're going to be the the chief. Uh all right. Do I hear a motion to adjurnn? Somebody you got it. Okay. Second. Second. All on favor. All right.
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