You are now the November 12th, 2025 zoning board of adjustment meeting will now come to order. Please rise for the pledge of allegiance. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. This meeting has been advertised in accordance with the Open Public Meetings Act. Roll call, please. >> Mr. Stevens, >> here. >> Mr. McDonald, >> here. >> Miss Kasarachi,
>> present. >> Mr. Zera, >> present. >> Miss Mortimer, >> here. >> Miss Bevich >> here. >> Miss Valentino >> present. >> Miss Rainey >> present. >> And Mr. Gate, >> present. >> Just as a note, uh, both Miss Reeves and Mr. It was our vote to call and notify us that they could not come this
evening. >> Okay. First item on the agenda 305 South Cedar Avenue block 159 lot 3 and block 159 lot one Susan Wallley application number ZBA 25-14 zone R2 residential district and
BD business development existing use residential proposed use residential moving of lot application variance relief Matt how are you >> I'm good evening everyone finally my third attempt and I'm Finally.
>> Where were you? >> I was sent here. Then I was sent to planning and then they sent me back here. >> Yeah. >> I don't know nothing. But I just did what people tell me. I learned a long time being married for 41 years. I listen to what the bosses say. That's about it. >> Very good. >> Miss Wheoula.
Who is the two people involved in this? It's >> testify in it. >> Only if you want them to. You may not. >> No, that's your call. >> Uh, how about we swear them in anyway. Okay. I think the >> they can be sworn in from their seat. Okay. >> Raise your right hand, please. Do you
swear or affirm the testimony you give, if you do, will be the truth, the whole truth, and nothing but the truth? >> I do. >> Okay. The overall this overall, it's actually a simple thing. This overall weird layout is there is there's a 50 by
one by 100t lot on Salman Avenue. You'll see it's got dotted lines around it. >> I just get it open. Yeah, it's the top. If you're looking at this thing, it's the top leftand corner of the drawing. [Applause]
>> And where is it again? >> The top left hand corner, you'll see the dotted lines around it. Okay, it is 50 by one by 100 ft. And the house is built facing Salmon Avenue. And if you look to the rear of it where it
hits this Whley's lot, which is 50 by by 200. You look the back steps. The back steps are 2 ft off the property line. >> So where is the Wall-E line? Is that >> behind it? Behind the whole the whole length, the whole other side. It runs 50
by 200 ft. So it takes up the whole in here. It's the whole right >> it's the whole right side of the drawing. >> All right. So, okay. >> So, he only has a twoft wide distance from the steps to the property line. He's got no backyard. The way they built
this up, I don't know how they ever built it on 100 foot lot. >> It's no backyard. >> The neighbor, Mr. Pula. >> So, there's the property on the left. >> Yes. The top left. >> The top left. >> Okay. >> That's 50 by 100. He's looking to grab I
guess it's 75 ft. 50 by 75 from from per lot. Now, both lots are non-conforming as it is. This doesn't make them conforming, but it makes them more practical because he has no backyard. He just has a sideyard. He can't he can barely get his back doors two feet probably. No fence is right there. He
just wants a normal backyard. So, he's willing to b purchase that 50 feet of hers. She's getting older and is a lot for her to maintain the 200 foot lot. A neighbor was cutting it for now. He's been cutting it for ever since they've been talking about doing this because it's a lot for it. She does not need that. So, her lot would end up being 50
by 125 and his would be a little irregular, but it' be 50 by 100. Well, 100 on one side and not a full 100 foot across. There's a on the application there there's a a sketch from him to show you what the rough layout of it is. It's attached to the application.
>> Are you following this? >> Yes. Okay. >> It's actually attached to the application. It's a handwritten drawing. You can actually see it. >> Yes, that's what it would look like in your application. >> That's what it would look like.
>> Should be in your application. >> That's what it would look like when it's his side. Now I already have legal description if everybody catches up with that drone. Okay. >> Okay. >> Mr. Chairman, if I could while everyone's looking, just wanted to go
through uh Matt and I spoke briefly before the meeting. The applications I'm going to say, and I hate to say this, extremely straightforward uh for something that's as complicated as it is for just moving a lot line. The applicant on Salman Avenue 808 I
believe it is. Is that correct? >> Yes. Has a property that's 100 feet wide and 50 ft deep. So, as you heard earlier, the back steps to the home are 2 ft from the property line. The property that's on Cedar Avenue is
200 ft long. So, they're taking a portion of that and and providing it to or giving access to 808 Salman Avenue so they can finally have what we consider in a residential district a somewhat conforming lot with
a normal backyard. Currently, other than maybe a dog bowl for a swimming pool, that's about all this poor resident can do. Uh there really is no yard there. The difficulty is that
in the past someone decided that as you see on that plan, Boulevard Avenue turns into Salman Avenue. Boulevard Avenue actually goes out and connects to Route 73. So there's a paper street behind there. And I think there was some
thought in the past that this would be part of a commercial area. That road will never be built because what's next to that is a shopping or a retail or commercial building that backs almost right up to the edge of the right
of way of Boulevard Avenue. All of these properties go back towards Boulevard Avenue. Zoning cut the properties in half. So 100t back there's a line and the next 100 feet is the BD. So
it doesn't meet the character or I believe the intent of what the master plan wanted to do after the project's already developed. The commercial is next door already and it would leave you maybe a 10-ft strip or something to develop. And obviously we know that you can't do anything in 10 ft. So at the
end of my letter, I'm just going to explain to you that we should make a probably a recommendation to council that this BD be reconsidered to be the R2 district. So, we've reviewed this. There are a number of variances which
Mr. Z will explain how they're hardships. The variances are because there's no backyard and everything has to comply with the BD district. So, it's for commercial setbacks I have to tell you about that they need variances from
are from the BD district, not the R2. So, when this applicant comes in in the future and wants to put a shed or a swimming pool, they're going to have difficulty. They're going to have to come back most likely to see you again because they're in the BD. >> That's if the master plan is not
corrected, right? >> Because the master plan most likely should be reconsidered for this area. and I didn't bring it with me, but there are if you were to look at the the zoning map and then look at an aerial. This is this is fairly straightforward that um it was an oversight or something
that historically hasn't caught up yet. So, >> okay, then for the record, why don't you just put on what the hardships are, >> okay? >> And then Fred will introduce his engineering letter to let us know what the variances are. One thing I wanted to say from what I had heard from my longtime residents, it was all done at
some point because they were going to build like a Burger King at the end of that street and that's why they did all those changes. That's why it was done back then, but it never happened. But anyway, getting back to this, neither yard is neither property is conforming right now. Neither. So, we're
actually expanding a non-conforming use of on the Salmon Avenue property and on the other one in the sense that we're making it 200 f feet down to 125. He's selling 75 by 50 to him. Even with
that added, he's still not going to meet what is considered acceptable because he's in the BD. She's in R2, I believe it is. But it would it looks better. It makes more sense, but it is a hardship with him because he really I believe he said when he was buying it that the
seller had to scramble at the last minute because they couldn't close because it turned out to be business when he thought it was residential. That was a few years ago. How long ago did you >> 2020? Okay. So, at the last minute something happened and they got some kind of dispensation and they closed
which made I don't know how it made the letter happy but it is a hardship. The hardship is he can't use the property the way it was intended when the house was built. >> Okay. >> Yeah. And for her from a practical sense, it's it's it's a house of her to
maintain 200 ft because of she's getting older and it's a lot of work for her and everybody's helping her, but she can't go on like that forever. >> Okay. I think we have the picture and maybe Fred can now fill in. >> Sure. So because we have a non-conforming use, a residential home
in a business development district, this is considered the expansion of a non-conforming council at one time said this is to be business development. This board is the only board that can say you can change that because of
special reasons, negative, positive criteria and most of that is going to rely on hardships. So this is a D2 use variance to allow the expansion of a non-conforming use which is a residential property. Now it's getting bigger where it's not supposed to be.
So the proofs that are we we've already heard about which we keep hearing hardship. I just want to go through compatibility with the the proposed the surrounding areas. Would making this residential lot larger be consistent with and compatible with the rest of the neighborhood?
I absolutely believe so because it look more like a a normal residential lot with a backyard. >> I mean to stand there with no backyard does not look like a normal property. >> Yes. >> Yes. >> I would agree with what Mr. Zel just spoke about. >> Um is it suited for this area? A
residential home. It's in a residential neighborhood. So is it do you feel it's suited? >> Absolutely. >> Absolutely. If it's right it's been there for a long time. >> Okay. Will it have any negative impact on our neighbors? Because that's what zoning is about, our neighbors. So, >> well, it's not a business. Even though it's a business, a BD zone, it's not a
business. So, it's less intrusive than what a a business would be. So, it >> So, so you're saying it's consistent with the spirit, purpose, and intent. >> Absolutely. It's a residential property. >> Thank you. Um, a lot of the items I'm I'm looking at page four of our letter.
The first four items really are some clarification on the map that we're just looking for some revisions to satisfy some open items from the ordinance. Agreed to those? >> Yeah. I have a question for you. Yes, sir. Since when we submitted the original application, we said any
anything would be resolved by reporting the deeds, not the plans, >> rather than pay him again because we've spent a ton of money on his revisions because there were errors on his part which we had to have redone multiple times. Uh, can we do it by legals
or do you absolutely have to see the setback? >> No, I'll work with Mr. Zel to make sure we get all the answers. At least we can get a response from you in writing. >> Yeah. >> So, is he still going to be recorded by deed? >> Oh, yeah. Absolutely. It's even noted on the plan to be recorded by deed. >> We do have legals that were attached to the application that he did.
>> Yeah. The the problem with legals is uh Kyle's office or or Susan's office, Karen's office still should have a plan. uh that identifies what this is even though the legal descriptions northwest >> township record. >> We still need a record of a plan. So
this plan may suffice with a few minor changes or we can attach maybe a document from Mr. Zable's office to >> clarify this. >> Whatever you need on that, I'll take care of you if I have to go back to him again. >> Okay. All right. As far as the next page, I'm just going
to go through these. Number seven was the use variance. We're talking about a D2 and if you remember D1, D2, D3, this is a D2 expansion of a non-conforming. Uh then we have a variance for a shed. That shed is being removed. >> Has been removed.
>> It has been removed. Okay. So that variance goes away, Mr. Chairman. >> Uh second smaller shed that's next to the house that there's a little I think it's a plastic shed or something identifiable. >> Is that yours? >> That's mine. >> Okay. Does that beat the
>> Well, I think we should look at giving granting a variance for that, a bulk variance. Um, in a BD zone, residential sheds really aren't permitted. It doesn't meet the setback. So I think we should look at granting a variance for that requirement. >> Can I ask a question? Do you have a
garage? >> A better a good That's the hardship, right? There's no place to put it, especially when your yard's 2 ft deep, so to speak, in the rear. Uh number nine is again some clarification. Minimum lot area because it's the BD zone, you need
a minimum of 1 acre. Again, that's for commercial. The applicant has currently 0.11 acres. with this subdivision will have 02. So they're coming closer into conformance with the standard even of the BD zone. Uh again, we should look at
making a recommendation on that. The next standard is the width. It's pre-existing non-conforming. The BD zone requires 125 ft. This gentleman has 100 uh exactly 100 feet currently. So that's another variance. Pre-existing, but
still a variance. front yard setback in the BD zone 40T. Currently, it's 13.7 feet and he has a twoft backyard. So, there's really nothing to be done. Again, a pre-existing non-conforming even with the expansion of the lot. You're not
moving at home. So, another variance that has to be taken into consideration. Then we have sideyard. Uh sideyard in the BD is 30 ft. The gentleman now has 26.8, 8 24.5
and a 6ft variance for that shed. So we have three sideyards that don't comply. Again, business development versus a residential character. And the last items I have are just more uh clarification on what is going on, legal
descriptions. And the very last item is that the board should consider advising either Miss Dansson or someone to ask the township to committee when they do the master plan again or revise the you don't have to wait till you do the master plan. Revise the zoning map and
that would go to the planning board for clarification. >> Okay, >> that's all I have, Mr. Chair. >> Anything else, Matt? Okay. uh questions, concerns, comments from the general public, I mean from the board members.
>> I just uh have a little more clarity to add because I lived on Boulevard Avenue for over 20 years, right? So, I'm very familiar with this property. I'm familiar of the time going back where
they wanted to open the paper road to go on to Route 73 and the big meeting that I was at and everything of course got shut down. It was a property that belonged to sale to at the time. Now
looking up the records for the property. Um this particular property was sold in 2013. Sheriff sale and all of uh sales property at the time after he passed
away. That's what happened. Now uh it was the craziest thing when they built the house. It was new construction in 2015 even before this gentleman owned the house. So he he's really the second
owner of the house. So how could they possibly have built the house in a BG zone going back that number of years? >> It's a very good question. >> But at any rate, he is the second owner.
He's not the first owner. >> Right. >> And he literally when they after they built the house because I would come around this corner for over 20 years. Well, since they build a house anyway, and I'm thinking, "Oh my god, where's the backyard?" So, this makes perfect
sense in my eyes anyway to have him have a backyard. >> Joanne, thank you. Anybody else comments, questions, concerns? >> I have a question. >> Yes. >> Do we know where the zoning line is?
>> It is 100 ft back. And now one of the questions that that be shown on >> 100 feet back off >> off of either street the boulevard avenue or from Cedar. >> Okay. >> So they're 200 foot deep lots or spacing
between because we're a grid township. So it's exactly halfway which is the 50s. >> So both properties are on BD. One's completely BD one's partially BD. If you were to go along Cedar Avenue, some lots are only 50 feet deep and they have lots behind them that appear to be
landlocked. They would be 50 by 100. Every lot in that block is 50 by 100. The zone line divides directly up the street the length of Cedar Avenue, parallel to Cedar Avenue, 100 ft back. >> Robert, did you locate where you wanted?
>> Um, I'm not sure. >> Okay. the zoning line. >> Could you point that out? >> Starts on Cedar Avenue and goes all the way up. >> If you were to
look at the top left, >> this is the zoning map. You can see >> Oh, wait a minute. Wait a minute. You can see where the zoning >> most likely should have continued down to Route 73 based on this this map right here. >> He's looking at this >> third one over.
>> Okay. >> Top right corner. >> All right. [Applause] >> So when you get to Salman Avenue, it cuts over and then goes 100 ft straight down between the homes. is um
I have another question. [Music] It's a mess. >> Is Mrs. Wallally's lot in uh >> It's in both zones. Her lot is 200 ft deep. It runs from Cedar to Boulevard, >> right?
>> 50 ft wide, 200 ft deep. >> And is any of it in the BD zone? >> The back half, 100 by 50 is in the BD zone. >> Okay. The portion that's being conveyed? >> Yes. >> Is in the >> Not all of it. Not all of it. They're
conveying 75 of the 100 ft. She would still retain 25 ft in the BD zone. >> Okay. So that also would be considered an expansion of a non-conforming even though it's a contraction under the law. It would be an expansion.
>> Okay. >> But it would be getting closer to the intent which is less residential. >> You good, Robert? >> I'm good. >> Okay. >> I don't agree with one thing he said, but it's not important. >> Well, what is it?
>> Uh I don't think that an expansion our contraction of a non-conforming use requires a use variance. >> Okay, >> but that's an academic debate and I don't want to get involved in it.
>> Okay, we're not going to be academic, but we are going to open up this application to the general public. Is there anyone in the general public who would like to speak for or against this application? Yeah, that's good. Yeah. >> Sir, could you raise your right hand,
please? Do you swear or affirm the testimony you give up street? >> I do. >> And your name, sir? >> My name is Paul Bu. I live at 42 North Liot Avenue in Maple Shape. I grew up on Cedar Avenue. I got over 60 years
experience there at Clayton that woods. Okay. That woods there has a storm sewer. Now we go back to the rules and the regulations here. If this house was approved, which it was approved back there, there should be a record of who approved it, who was on the boards back
then. Am I correct? And why it was approved. That property was owned by Mr. Sour, an old German guy, and he owned it there. Okay. That property was been there since the tool die place was there. That was a factory back then when
I was a kid. There's a retainage ditch back there that they piped over. It goes right across the front of that house. So, there was a lot of things swept under the rug back there. And if you want to do the engineering work, there's manholes back there. I redid a sewer man back there. There's water man back
there. Those lots were designed for residential and the people tried to sell them because they didn't own them. So, they got to use them while Mr. Torchy owned the property. So, this lady wants to cut the property off, sell it to the general. I totally
agree. Let her have it. It's common sense. Look at common sense instead of we're in a BD development because now we're BD. We're not residential no more. Okay. He's not going to do anything back there, but there's easements back here. And that's what our engineer should be
telling us. We have an easement back here. Where's the property line? We got a storm sewer. We got a water main. And we got a sewer main back there. They need accessibility. That's the only thing we should be discussing here, not what's right or wrong back or BD development area. So if
you want history of that, that was a dirt road when I was a kid and Mr. Kelly owned a property in front of that. So when you want to talk about the utilities and the thing, use common sense when you look at it. She should sell the property. She can't do it. If that man can maintain it, sell it to
him. There's nothing back there because there's nobody going to build there because now it's landlocked because it's built into they tried to put the road back there. He couldn't get it back there. It was a political witch hunt back then with him. An old man torture held that property as long as he could
till he died and then he sold it. He was the only guy back there who would let the kids play back there without getting sued. Okay? So, she should have her property. It shouldn't be up here as a judgment because she wants to get 50 footer
thing. All them houses are 50 foot wide. They all back up to that property. The only one that went all the way through was Mr. It's ours. So on her behalf, I say give her the property, not herself. I think there's more homework that has to be done and I
think there should be more common sense done with some of this business development area. I'll be back here on December 10th to discuss my property and I'll go into detail with that. But Mr. Booth, thank you. Uh, this is a
common sense board. >> Yep. >> And there are regulations that although we would like to do things, there's rules and regulations we have to follow in order to do this. And that's why we're here. >> I understand that, John. And I know a lot of the rules and you know a lot of rules been bent a lot of ways with
people sitting there and I've been sitting here and it's been years and I'm not here to gripe about anybody or about anybody or say anything to anybody but I'm telling you the truth is the truth and sometimes you really got to walk out there and see what it is because
there's nothing wrong with what they're asking. Where's the easements written up on this print? Does anybody show them storm sewers that are there? They're all buried. They all go going to ask those questions when you're done testing. Okay. Like I said, somebody's
accountable for it. It was approved not a hundred years ago in all of our lifetimes here. So, we should find out how that got approved before we start saying things. We don't know what happened. We don't know what happened with this. It's in the ground there. I can tell you where it's in the ground there. So, somebody had to approve the
building here. And that's the reason the ground didn't sell because it got politically witch hunted down and it stopped. Now, I don't know when it became a BD, but now it's business development area. There's a whole another set of rules, and I do understand. >> Paul, so you're saying the house was
built in 215. Is that it? >> That house was built >> when >> back, when was that house? >> 2015, according to public records. >> That's 10 years back. >> You've been on these boards over 10 years, >> right? But I don't know that I can remember that. Could have gone before
planning. I don't remember that. >> Correct. But there is a record of it. There has to be a record of it. You can't get building permits without it. So that's what I'm saying. But it was built back there. I don't see a reason why it can't be. The lady can't have what they want because they are all cut
off on Cedar Avenue that way. But I'm just saying a lot of the common sense has to use before we get into everybody's varian. >> I think you'll see some common sense tonight. Okay. But it does have to come before us because of the regulations. >> Okay. >> And then we have to apply what you just
said, common sense. >> Right. All right. Thank you for your time. >> Thank you, Paul. Thank you. >> Thank you. >> Okay. Anyone else in the general public who would like to speak for or against this application? >> Seeing no other takers, I'm going to close the public portion of the meeting.
I'm going to come back and ask the board members if they have any further comments or questions, especially about the easements. You know anything about easements? >> Mr. Chairman, just a couple things to clarify. Um,
Boulevard Avenue extends to Route 73. As Paul had mentioned, it most likely was designed and subdivided to allow access to Boulevard Avenue. Whatever happened way back when I nobody here
knows u Paul knows something wasn't right, but that Boulevard Avenue because there's no easement shown on this survey by a licensed surveyor. Boulevard Avenue is not uncommon. I have many communities where paper roads have
sanitary sewers. They have storm sewers. They have all kinds of utilities in them already in hopes that someone would be able to build homes. I'll take an extreme example of the Pinelands. They had many roads where storm sewers and utilities and sanitary was installed.
and then someone may wave their magic wand and they're all still on the ground but there are no homes anywhere near it. When you have a pro a public utility or a public utility and a public right of way those land those lots are not
landlocked because they front on a municipal right of way. You could develop any of those homes if they conform in the R2 most likely not in the BD. They would come in here, but they would have to make improvements to the public right ofway. Whether the town
would allow, and many towns allow just a simple driveway if it's a single person going down the road, or they would require that they improve the property half width. It depends on whether it comes to a board, a planning board, or a zoning board, what those improvements are. So, those lots that are now
unfortunately divided in half are in the BD zone, cannot be developed for residential unless they come here. They're not landlocked. They front on a public right ofway where there are utilities and they were I'm sure they were installed when that whole section of town was being developed because it
was always intended to go out to Route 73 because if you look at the tax maps its laid down. Um but I'm positive there are utilities back there but there's nothing shown on any of this property here. >> Okay. So to address the issue that was
presented to us with regard to there being easements, but they're not mentioned in this meeting. There could be personal knowledge of easements, but as long as they're not on a license survey, >> right? And to get access to that, I know
>> they do not come before this book. >> Paul had mentioned access. Access is either a 50 or 60 foot wide strip of land that is owned by Maple Shade Township. Now there may be trees in the way but usually >> the point I want to make is that there was no hidden nature behind not
mentioning the >> No, not on this property. >> Okay. Because Matt, you got the survey. >> Actually, they hired him, but I know Jack Donovan. Jack Donovan did it. >> Oh, Jack Donovan. I Jack Donovan. So on his survey, the easements are not shown.
>> So therefore, they're not before. >> He actually did do it. He did the survey, but he put it on the plan. We don't have separate surveys. They're also the tax maps don't reflect any easements any storm sewer sanitary they would normally be called out on tax map. >> Okay. Is that so as long as we're not hiding any? >> No.
>> Okay. Could that be because they never built and actually opened >> is that why they would >> Well, they could be active lines. No, they could certainly be active lines. >> I I do have a question though. >> Yes. >> Um assuming you know the board votes on this and approves it. What if the owner
wanted to build a garage back there and you're saying there's easements back there? >> He would need another variance again to do that. >> He would have to come before >> they would have to prove >> unless the township >> in looking at the master plan changed the zone >> the R2
>> the R2 zone and extended it back into the BD. >> But what from what Paul was saying there's sewer. >> There is sewer and storm sewer probably back there on Boulevard Avenue. >> Oh. on Boulevard Avenue. Not on this particular
>> There's nothing shown on the survey provided to us this even. >> Well, but there still could be something. I think we should have Paul come back up and >> Sure. Paul, you want to come back up? You have a question of you.
>> I just don't want the owner to run into complications down the road. We have to consider his >> You want to see this >> situation? a title search. The title search show
>> we could ask the >> Okay, let me talk to the issue. Do you have your print out? >> No, that's that's >> okay. whole thing here. >> Yeah, that's M >> That was Sour's property when I was a kid. That was the German guy I was
telling. Okay. >> The house to the left that borders Salmon Avenue, >> that's Kelly's house. They still live there. >> Where is that? >> That's right here. Okay. >> At the back of his property line where you see where the driveway was. >> There was an outfall structure there. So
all that storm sewer gathers on comes through there. So what they did was they extended the storm sewer down. They put a manhole down in that easement where I was telling you the utilities are at and then they turned it. That was all open trench over to Route 73.
The reason why the street never got developed again, the state highway wouldn't open up the end of the road to let trucks, cars go through. So when I was a kid, the factory would outlet and they would come up Cedar Avenue. Now that the state came through here in the last, I don't know, 15 years, they
closed Cedar Avenue off too. Now, Cedar Avenue turns up, goes up county. >> So, if you do anything back here, you better watch. >> This right here is township property. If you guys do not have a copy of it, call Remington and Burning. We did the sewer main back there. And that was a job that
was done within the last 10 years. It'll be on Boulevard Avenue Capital. >> Sanitary or store? >> Sanitary. >> Sanitary. >> So, there's a storm sewer ferry there. There's a water ferry there. There's a storm sewer that ties in on salmon that goes across the front of this property
here. It's there. It's concrete piping there. That was all open trench when we were kids. >> So, what is actual property now? >> Comes right here. It's right along the side of the road here. This was all a dirt road when I was a kid. >> Okay. >> This was Woods. This was Woods. Mr. Sour was the only one that had the extended
yard back there. So I guess where I am on this application is with all of the knowledge that you're sharing with us. Does that impact what we're doing? >> Doesn't impact anything. She should he should have it that he cut that grass for years. There's nothing when we did our improvements.
>> Is there anything in the future we should look at it? >> No. >> He wants to put a garage. He's okay. >> No, because there's nothing there. Okay. >> On the utilities are not in that property line. >> Okay. Like I said, >> you're in a right Paul. That is a rightaway there where the
street was proposed. So them properties are out. >> Okay. >> You know of it. No, there's nothing there. >> Okay. Once again, thanks. >> Okay. The only other side thing here is and it was brought up by Paul and perhaps Susan you could help. Uh there's
a question as to whether that property in 2015 had the proper approvals to be built. >> I have the note to find out. >> Okay. >> I don't remember that property coming before this board, but it could have come before planning >> before my time. So I mean, but I can I
can definitely check. We we have the record. So we can go back. >> But if we take action tonight, it could be approved tonight regardless of what happened. >> Okay. >> Yeah. >> So >> we're not going to make them tear it down. I'm not going to make anybody do anything.
>> I'm not cute. >> So, uh, any last minute questions, comments, concerns, issues. So, therefore, we're at a position to where we should I should ask the board, would they like to make a motion?
>> Make a motion. >> Motion, Mr. Stevens, seconded by >> second. >> All right. I want to clarify what you're voting on, please. You're voting on a use variance to expand the residential use in the BD zone. And you're voting to
approve both variances itemized in Fred Turk's letter. >> Okay. >> And subdivision approval all in one shot. I think it's >> So, Michael, when you made a motion, did you make that motion? >> Yes, I I knew you did.
>> Okay. And who seconded it? Uh, Lou. Okay. Roll call, please. >> Miss Bevich, >> approve. Miss Kazerachi, >> approve. >> Miss Mortimer, >> approve. >> Mr. Stevens, >> approve.
>> Miss Valentino, >> approve. >> Mr. Serga, >> approve. >> Miss Brady, >> approve. And Cham, >> approve. Thank you. Matt, thank you. Thank you. Good luck. [Applause]
>> Okay, I should find my agenda. >> The next item on the agenda would be the minutes. October 8th minutes. Um, I read them. Excellent job. >> Need a motion to approve. Motion, Mr. G.
Seconded. Motion, >> Mr. >> All in favor signify by saying I. I. >> Those opposed. >> Stevens. Stevens. Who was the first? Mr. Gay. Thank you. >> Okay. Now, resolutions. Robert. We have
one resolution for Marissa Rapelli, who is seeking to open a secondhand boutique store on uh 211 South Fellowship Road. This
was the former site of Hunter Door. uh the B board determined that uh that was a appropriate location for a shop of which she proposes and there was no site modifications
involved. So the board voted to approve a a retail vintage boutique store at that location and grant it a site phone waiver. And the eligible voters are
Bevich, Koserachi, Mortimer, Valentino, Zera, Ray, and Key. >> Okay. Do we have a motion? >> Motion. Dan, did you make that motion? >> No. >> No. >> Michael. >> No, it's uh
>> Michael. >> It's me. >> Miss Beby's, you made that motion. Okay. Is there a second? >> Second. >> Michael makes a second. >> Roll call, please. Okay. Uh, Miss Bevich, >> approve. Miss Kazerachi
>> approved. >> Miss Mortimer, >> approve. Miss Valentino approved. Mr. Zera >> approved. >> Miss Raid approved. >> Chairman Gate >> approved. >> I see discussion items. Is there one? >> There um was going to be um but with
Kyle not here. It has to do with PSEG and it is a homeland security issue. So he will update the board when he's here. If you want, Susan, I can go through it. >> Yeah, we'll let it go. Yeah. >> I see. Closed session. I've never been to a close session. >> I So that's what it was about. That's what it would have been about. Yeah.
>> Okay. So, that's going to come later. Is that it? >> It will come. Yeah. I almost had a meeting, but again, due to Homeland Security. >> And before we adjourn, uh I see a young lady in the general public. Would you like to say anything?
>> Why is this your property? is that not tonight. >> The letter I got for tonight. >> Yeah. You live in what area? >> I live right behind you. >> Bring it up. >> So, can I like can I give my comments tonight?
>> Well, no, no, no. >> We're not allowed to hear anything if an application is not before us. >> Okay, I'll give you guys my comments. Nothing like negative. the dog. >> No, that's okay. >> We want >> We We understand that that's been continued to December.
>> Okay. >> Okay. >> Great. Yeah. >> So, we expect to see it back there back. >> Will they send out updated letters? >> Yes. Okay. >> There'll be a new notice. It was required an email I saw today. A new notice would be sent out to anyone within 200 feet. >> The reason why we didn't mention it tonight, if they serve a new notice, we
do not have to continue it. So, it's like it's not never been here. >> Okay. Okay. Yeah. because I came. >> I'm sorry I didn't ask you earlier. >> That's okay. >> And last thing is Paul. >> Yes, sir. >> Do you have any questions of us understanding that your application is
going to be heard in December rather than November? >> Do you have any questions? >> If you do, come on up. >> It's got to be a procedural question. Robert tells me they have to be procedural questions, not merit
questions of your application. So, how do you do this and how do you do that type of thing? >> No, I don't have any questions on anything. It was just that uh we postponed because Fred didn't get some paperwork and he wanted to review it and he asked so we he said he would like to postpone it. So, we postponed it.
Procedurally, what I understand is that your notice said that you wanted a use variance and bulk variances. And when I saw that, I asked Mr. Kingsbury, are we allowed to hear anything with regard to
cycling? And he said, "No, we're not." >> So, so you could have come for your use varants. >> Okay. >> And you could have come for your both variances because you advertise for them, >> right? But because site plan was not contained in your notice, we could not
hear that. >> Okay. >> So, you could have tonight received your approval for your >> right your use. Okay. I I wasn't aware of that that way. I just had the understanding that Fred didn't have enough time and that the engineer felt
that we should give Fred time to look at stuff. That's why >> actually Fred has very little with regard to use. That's like a concept. It was very much like when you appeared before the site plan and we said we looked at the area. The area has a lot of uses like you're proposing.
>> Mhm. >> So it seems like it fit but the site plan can only recommend it. >> We can't they can't approve. So you would have come here for your use variance and in the abstract we may have said yeah it fits. So you can do it but
then you would have to come back and give us a site plan as to how you're going to do it. >> Okay. makes sense to me. >> Okay. Okay. >> So, you want me to come back all one time? >> That's up to you. >> Yeah, you could. >> I've been two years in the wait.
>> It's about the advertisement. >> It would make sense that if you're ready for your site plan that you would come in at the same time for your use. >> Okay. >> If you're not ready for your site plan, you can come in for your use. >> Right. No, I'm ready. >> Okay. >> I think I'm ready. Whatever. Okay. Just
make sure you advertise that you're doing a site plan. Also, >> you're going to renotice. Make sure the notice says use variance and site plan. If if you could run your ad past Kyle still be looking at that.
Yeah. Okay. >> And then if Kyle has a question, he can ask Robert so that when your ad goes in the paper, you can make sure it's the right ad. >> Right. >> Okay. I did that with Kyle when we put the ad in the paper. That's what I did. I did it off of his advice.
>> Okay. Well, it didn't mention site, so we had no jurisdiction to do that. >> Maybe it's just a miscommunication. >> Yeah. Um, >> yeah, I'm sorry about that. >> No problem. >> Yeah, >> it is not. >> And yeah, if you come in, come in with Oh, the other thing is that one of the
good things, but it's up to you because you're a zoning application. So, we can't require you to do it, but we recommend that you do do it. Come to the site plan meeting because that's a work session, >> right? >> And you can work through all of the
bumps, smooth it out more so by time it hits a decision meeting, a zoning meeting, it's smoother and goes easier. >> Okay. >> Okay. >> All right, John. Thank you. >> All right, Paul. Thanks. >> Thanks. Okay,
we're going to look for a motion to adjourn. >> Michael Stevens, second it. >> No, no, no, no. I have a question. >> Oh, we have a question. I'm sorry. >> I have a question for Mr. Kingsbury. There was some confusion last month at our meeting. Um, if we have a full board, is an alternate allowed to make a
motion? >> No, only a voting >> quality. That's what happened last time. And I was I've been worried about the applicant if there's going to be an issue with that because we had a full board, but Mr. Stevens made a motion and
I was just wondering if that can happen. >> Well, I didn't catch that, but uh >> Susan, >> I was going to ask you to do something for me because I look at the the sheet and I go back and forth on the two columns. If you could make a column of the regular members
>> and then the other column would be the alternates, then it's easier to look at down at that sheet. Yeah, it's what I'm glad you made. I can do that, too. Yeah. So, we're active, but I just don't want that poor woman to have an issue because, you know, there's rules and regs. >> So, on mine, I do have I list out who
the alternates are and who the and who are voting members for that evening. So, is what that's why you'll notice like when we just did the resolution, I didn't call on uh Mr. McDonald or Mr. Stevens for the uh for the approval. So, >> but he did make the motion. He made the motion, but can we double check that he
can make he's a sitting board member at that point and he's active in there. I don't think that he can have a vote and I'm not going against you, but >> was he sitting because uh a regular member was absent? >> Yes. >> Oh. >> Oh, okay. That's good. >> He can make a motion.
>> He can second a motion and he can >> But I'm just I just counted everything. We had one, two. >> I ain't making no more motion. So the last one for >> qualified to vote. He's all qualified to make a motion. >> The motion for adjournment and minutes
and things like that. You can do >> we have eight. We had eight sitting participate. >> But he didn't make a motion to talk about >> Valentino Dgo radio. Oh right, right. Yeah, I can't. I can't. >> You did.
>> So So let's educate ourselves. >> Yeah. If I could ask a question just for the alternates having been an alternate >> an alternate although they may not have voting power that night or any particular night they can be involved and participate and ask questions.
>> We're encouraging them to do that. >> That's right. That's right. >> Absolutely. >> So, but they can vote and they can make motions, second motions on minutes, adjournments, things of that nature. Well, I won't make no more moves.
>> Not on that. >> Michael is so mad at you. He's leaving before the meeting. >> Cannot. >> And it has nothing to do with you. I was just worried that, you know, god forbid someone has an issue with it. This poor woman is not going to be a lo store. >> And Lou, that's a good point. Okay. But I we're covered, right?
>> I think we are. >> Okay. >> Okay. We had a motion and we had a second. >> I do. >> Michael and Mr. Gee. And now all in favor of adjournment signify by saying I. >> I.
>> Thank you everyone.