I'd like to call to order the regular meeting of the council for adjustment for April 28th, 2025. Uh the legal notice required by the open public meetings act has been satisfied and a statement certifying same will be executed. Please join me in
the pledge of 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.
Okay. First uh item is the um approval of the uh minutes from the January 27th roll call. Roll call. Oh, roll call. Sorry. Roll call. Roll call. Mr. Goldberg here. Mr. Trackenberg here. Mr. Williams here.
Mr. Sher here. Mr. Benois here. Mr. Kramer here, Mr. Woodford here, Miss Simmons here, Miss Polara here, Mr. Siski here, Mr. Bush here,
and Santiago here. Thank you. Okay, first order of business now is uh the approval of meeting minutes from January 27th, 2025. So, everybody have read the minutes and did anybody have any comments? If not, I'll entertain a
motion to approve. I'll move it. Thank you, M. Okay. All in favor? I Thank you. Next is a resolution uh appointing Mr. Vayuch as the uh board engineer
consultant. Everybody read the resolution. All right. I'll entertain a motion to approve. So move. Thank you. I have a second. Second. Thank you, Mber. Okay, Miss Santiago.
Mr. Goldberg. Yes. Mr. Tractenburgg. Yes. Mr. Williams. Yes. Mr. Schuster. Yes. Mr. Benois. Yes. Mr. Kramer. Yes. Mr. Woodford. Yes.
Okay. Next uh is uh two resolutions. The first is BA-05-25. Uh, Mr. Soieski. Yes. Thank you, Mr. Chairman. Uh, this was a resolution you guys approved uh a little while back. Applicant here was proposing the construction of a second story
addition to create a sideyard setback of 7.1 ft where 20 was required. Also needed a variance for a combin sideyard setback of 14.2 ft where 50 ft was required and a third variance for a front yard setback of 24.4 ft where 50 ft was required. I believe that was approved with all usual conditions that
the board typically imposes on uh residential applications of this nature. Thank you. Do uh everybody any comments? Do I have a motion? Motion to approve. I have a second. Second. Thank you, Miss Santiago.
Mr. Goldberg. Yes. Mr. Trackenberg. Yes, Mr. Williams. Yes, Mr. Schustster. Yes, Mr. Benois. Yes, Mr. Kramer. Yes, and Mr. Wood. Yes. So, move.
Next is a resolution um on BA-18-22. Yes, Mr. Chairman. The applicants here are just seeking an one-year extension of their approval that they've uh received uh well was adopted back on March 27th, 2023. This was an application for a bulk variance to permit the construction of a partial
second floor and front stairs on property uh located at 222 West Hanover Avenue in the township. It's a very standard straightforward one-year extension request here. Okay, members of the board, do I have a
motion? Motion to approve. Thank you. Second. Thank you, Miss Santiago. Mr. Goldberg. Yes, Mr. Jackber. Yes. Mr. Williams. Yes. Mr. Schuster. Yes. Mr. Benwa. Yes. Mr. Kramer. Yes. Mr. Whiter.
Yes. Okay. Next we move on to the public hearings. First one being BA-03-25. Continuation on block 5903.4. Miss Santiago. Yes, Mr. Chairman. This is BA-3-25. Evan
Wilson. This is a continuation from the March 24, 2025 public hearing. Applicant proposed a construction of an ingground pool creating a rear yard setback of 26.5 ft where 50 ft is required. Mr. Chairman, before we get started, if
you don't mind, I'll swear in our uh new board engineer, Mr. Mr. V. Oh, thank you. Um, as well, Mr. Chang, I I know you from other places. Good to see you, sir. Were you sworn at the previous hearing? No, I was not here. You weren't here. Okay. So, we'll swear you in. And I Evan Wilson. Mr. Wilson, you weren't
here either. No. I was here. You were here. And I was not sworn in. Okay. So, the three of you will need to be sworn. So, if you'd all please raise your right hands. Do all of you swear or affirm that the testimony you're about to provide will be the truth, the whole truth, nothing but the truth. So, help God. I do. Okay. Great. Sorry, Mr. Chair. Just wanted to get No, thank you.
Taken care of. Okay. I think the last time we were here, we were talking about landscape plans. That's correct. and you are going to meet with your neighbors concerning that landscape plan and hopefully arrive at some sort of agreement. You guys want me to do a full rendering of what I was going to propose and offer to the neighbors as far as the
trees and have you talked with the neighbors? Have they seen this plan? Um, not specifically. I mean, we sent it to you guys assuming that this was the Well, I I said, you know, like, let's come up with a plan and let's uh give it to the neighbors so they can comment
before we we get here and see if they you guys could reach an agreement on everything. But since you're here, um, and I take it those are the plans in front of you. And I apologize. I did not know that you want to reach it directly. Okay. Yes. Um, we can pass it on, but also give them to the uh give a copy if
you have a copies to the people who uh are here, your neighbors back there. Mr. Chair, I'm always doing that. I believe this would be the first exhibit entered by the applicants, right? Okay. So, this would be exhibit A1 and uh when they get situated, we'll just need a
title for that. Thank you. Please. Thank you. Thank you. So, so I think we can mark this as exhibit A1. This would be a compendium consisting of a colorized photograph, a
landscaping plan, and uh colorized renderings. I think that's it. And I think that's dated today. We'll give that today's date. That's okay with you guys, though. Do you want me to bring it up? Sure.
Can you bring up the uh please check? Before we go any further, Mr. Chang, because you haven't testified yet, uh would you just give the board your quick summary of your credentials and your background? I'm a graduate of NJIT and
I've been a licensed civil engineer in the state of New Jersey for 25 years. Okay. License is current in good standing. Yes, it is. Okay. Mr. Chairman, is he accepted as? Yes. Yes. Okay. I just um I gave you guys a little more. We had the original renderings and I have the realistic renderings to offer you as well. I also
just included a picture that shows um the neighbor's house directly behind me from inside of my house just to kind of show you. Okay. When you're saying that's the photo you uh this photo I gave you guys is a picture I was taking inside of my kitchen of the neighbor's house behind me where you can see inside
their house their car in the backyard. Um just that this is what it looks like currently. Okay. For for privacy issues, right? So there's already a fence. There's already a fence, but there is very little privacy. Correct.
Um, and and you took this photograph. Can I what? You took this photograph? I took this photograph a couple a week or two ago. Okay. Um, you can see their garages in the back of their house. I don't know if that's probably not code anymore, but that's okay. Um, you can see their cars
back there. I can see into their windows. They can probably see into mine. Um, it's fine. It is what it is. There there is no privacy at this point and I'd like to change that on top of everything else we're trying to do. Okay. Is this your fence or uh that is
my fence? This picture? Yes. Looking out from inside my kitchen at their house. Yes. Okay. Uh or they could own that fence. I don't know who owns it specifically. Um I bought the house. There's three neighbors behind me. I don't know who built the fences. I don't know if you if you check the code, but
that is the back fence on my back property. Right. Yes. Okay. All right. You can proceed. Um, so we are, you know, not doing much except, you know, we're adding the pool, putting it as close as we can to the house.
We're asking for, I think, just over 20 ft of variance. Um, currently we have a number of keys that help with private use. Um but um putting a direct hazard to my house. I've had my insurance
cancelled twice. So um you know recognize that that's not an issue I don't believe. Um and we're adding I think it's almost 20 arbor vite around from the document you see a lot of those arborvite are already there on the right side. Um
someone development was done about 18 years ago but we're adding about 18 to 20 more along that north side and then the I guess the east and wests a little bit. Um aside from that the drainage has not been an issue. I'm at the top of a hill and it all goes down to town land
but there's nothing below me. Um, and uh, I mean, aside from that, I, you know, we're we're maintaining my property, which is pretty much unutilizable now. We're putting in these trees that going to offer more privacy for everybody, which will actually break down, I think, the noise as well. Um,
and I I I honestly I see a window for everybody here. I don't see anybody having any hardship from this. So, looking at this diagram, you're posing, I believe it is 29 arborite. I have 11 already. So, it's about 19. If
you look at the right side, those on the bottom right side there, those ones are already there. On the bottom right side of of that, yes, those are the the first uh diagram. Yeah, they were put in when the house next to me was built 19 years ago. Okay. So, I'm adding to that,
continuing up and then across and down and completely hiding the pool and my whole backyard, which is for my privacy. You know, I I I appreciate my neighbors privacy as well, but I have a 13-year-old daughter. I don't want anybody looking into my backyard as well.
Um, when you plant these arborite, how large will they be upon planting? Um, I would I think I told you guys last time I six feet at least. Um, so it wouldn't take more than a year before it is I mean immediately it will have more coverage. They they are green giant so
they grow very fast. Yeah. And and we're talking it's gonna have more coverage immediately and within a year we're gonna probably block most of it out. Um green giants, how tall do they reach? 30 to 60 feet. I think green giants
probably 40 40 depending on how how close you plant them. You know, the closer you plant them, the the the more immediate um um screening you get. Um if you plant them further apart, you know, they will grow higher. But I mean, even
if you grow them about 5 ft apart, they could get up to 30, 40 ft. Okay. And average of 3 ft a year, they could like Okay. Board members, any Do you want to go over these other photos, please? Yeah.
See if you like. Sure. Sure. Um should we just scroll through scroll through them? Yeah, just scroll through one by one. Next page. Y next page. That's the back from my house. Um we're taking close to the house 10 to 10 ft so that we minimize
the distance to the problem 50 ft to their back property. So this looking to the right to our house. [Music] And this would be what you see from our property into the that's looking uh as
you're facing your property to the right. Exactly to the right. Those are existing trees. Those actually where I put on some existing kind of ends right there where I'm putting that bird bath and continuing from that. Okay. Um, in all honesty, it's actually
more full than that on the right hand side because the trees have been there for about I think it's 16 18 years. Go next. Next. Yep. Um, this would be from my house where you walk out looking back directly back
to the right. Um, and again that privacy back that's the backup back there. Correct. Next. Next. And that's the the general picture of it. Again, I think the neighbors that
have issues are just directly behind us. The house is just to the left of the pool um but back there. So, the pool is not even directly behind their their property. Um, next And then that would be again the view from back towards the house looking back
towards um the photograph I showed you guys where I can see into the neighbor's backyard. This is the view. So this is what I changed from what you guys saw next. Now, is that where the on the left side is that where the pool equipment is
going to be? Right there on the left, correct? Is where the pool equipment would be. That's tucked away on the side of the house. Not closer to my neighbor on the other side. Um, but still within well more than 30 ft from that property, I believe
next. And then this would be the view towards my house. This is essentially my neighbor's fence would be 23 ft to the left of that. That might be it. We're going to put all the vegetation and stuff in front of it just
to us for a little bit more of a buffer. Maybe one more photo and that's it. I mean, if you look at the photo that I showed of you guys, we're adding a ton of privacy, I believe, for everybody, including us. Um, I don't think it would
hurt anybody's property values. I think this helps everybody. Um, everybody get their privacy and everybody get their privacy. We'll get to you in a second. Okay. Uh board, there's anything else? I don't believe so. Thank you. Okay, board
members, questions. I just one question. Is the intention to put the 48 in pool fence in front of that picket fence that we're looking at the back of this or is that fence going to come down or No, that fence is going to stay there and all the artic going in front of that. Going in front of that. So again, that that fence it runs across my entire
property line, which again, I have three neighbors on the back side. I don't even know whose fence that is. Um, it could be three neighbors telling me pretty much we're going to put trees in front of the whole thing, blanket the whole thing and block it out for everybody and then also carry that 48 in fence behind the arbory. Are you going to take
advantage of that picket fence there? I'm just trying to figure out if there's going to be fence on fence. Well, at this point, the plan is to leave the fences that are there not to disrupt anything anymore than than what's already there. Um, those are my neighbors fences. I don't want to get in anything with them about removing them or anything.
Yeah, I was just confused because on the on this plan here, the drawing it says, you know, 48 inch pool fence and then with those dots, whatever, it seems to carry around the circumference of the the the property line, so to speak. So, I don't know that was continuing all the way around or
not I'm not sure what you're talking about. The the the fence is existing that that goes along the um weird property line, but we're we're proposing this. Yeah, we're proposing we're proposing one on the left side of the pool to to close out the um Okay, so that 48 in pool fence is only being
added to the left side of the property only. Only the and then the front side that gate is already there in existence. Okay. Thank you. Just to be clear, when you say left side, you mean the west side, right? Yes, the trying to speak directionally. Thank you. So, did I
misar that you don't know whose back fence that is? Well, the I don't who put the fence in four years ago. I I don't know exactly. Well, who's going to maintain it now? You have to have a fence. There is a fence there. I mean, it's maintained by me on my side and the neighbors on But who who it's a it's a
stockade fence, right? Correct. It's a wooden fence, correct? Yeah. So, in other words, that fence is going to rot out at some point in time. Yes. And need to be replaced. So, whose property is it on and who controls the fence that would be responsible for maintaining it?
That's a question. I mean, I believe it would depend on the section. I believe right behind us it's it's my neighbor's fence. Um, as as I've talked to them, I think they said they had to repair it at a time. So, I believe it's theirs. Is the fence facing you? Is the fence
facing you? The finished side, is it facing your property? I think so. No, it's not. Well, it's probably yours then. I I think I I think and I would hope the engineer will will back me up on this. You have
to you are responsible for having a fence around your pool. That's what so yeah right by construction code right UCC there has to be the 48 foot and and fence that means you control you maintain you repair. Am I right?
Correct. And if the fence has been there for a while, it's probably close to falling down. I would that my old house and I would prefer to take care of the fence if that's okay. But we're find out whose it is. We have to find out whose it is. And also, if
it's on their property and it's their fence, even though somehow it's facing the other way, then you have to have a fence inside of their fence because you're responsible for having a fence. Exactly. I I can agree to put a fence up in front of that fence. That's not a
problem. Uh do we want another stockade fence or would you rather have a some sort of metal I I don't think you need a stockade on a stockade, right? Traditionally, I would I would match the pool fence for the consistency of one
fence that goes and encloses the pool for the construction permits. And then then it kind of alleviates by having a style difference. It alleviates the concerns in the future over who owns which fence. Right. Right. Uh Mr. Chairman, engineering question. Does
there need to be a certain distance between fences? Um I believe it's a minimum one foot from the property line. So there should be a twoft strip between the fences if both fences are built off the same common service. So if if so if
one fence is on one property, it's they either got neighbors either got to agree like he's going to put up a fence and that one's going to come down, right? So any new fence in our in our municipality would not be put up any closer than a foot to the property line. Okay. So it stays on your
property and you can maintain it a little bit. Yeah. Okay. Um board members, any other questions at this point, Mr. Chairman? Yes. Um the the the plants in front of the trees,
maybe this is a question for the attorney. I'm not sure. Mhm. Are they going to be part of the condition or we're only concerned with the trees? They're more decorative. Do we need to worry about that? Well, my my recommendation would be that the board, if it were to act favorably on the application, condition it upon the
applicant providing landscaping substantially consistent with what's depicted in the plan, what's also depicted in the renderings that they showed this evening, right? Is that something applicant I mean you guys that's that's your landscaping plan, right? Yeah. I mean, we did this is our our plan and the whole
thing, but you guys asked what we did it and then um yeah, we try to put realistically the plants that we wanted there that we could maintain. My wife and I even thought over it. You know, what can we put in? I don't have to maintain that often. I want to cut them down high grasses. I don't want to cut them down all year long. This is and this. So, we picked and we told the uh
designer of this to put in grasses and plants that I don't have to spend too much time maintaining that will make the property, you know, beautify it, block some of the sound and sit more in front of all these arite. Right. So, the plan would be consistent with the plant out there. Right. That's your stipulation. Try to put it as consistent as possible.
Yes. And you've also stipulated agreed that you're going to put the 48T pool fence around the entire rear yard area to enclose the pool. Absolutely no problem. In addition to the stockade fence that's already there 48 in 48 in
IT was about to say 4 feet and then I said 48 and then I said I cannot do that. Yeah. Yeah. I do not need 48t in length is what I meant. Um, board members, any other questions?
Any questions? Um, on the submitted plans, there's a a more basic layout of the pool. Should the board understand exhibit A1 to be the more refined layout of the pool patio?
Yes. Um, I think uh, yes. Yes. But that one shows that more of the patio is on the back side, right? So, it looks like it's a more complete patio replacement. That was that was incorrect in the first place. We have no intention of a patio on the back side close to the neighbors at all. The patios are supposed to be towards the house and on the and it'll
all be it'll all be a essentially a complete replacement of walkway and slate patio that's there. That's already there. Exactly. We're not changing any of that. We're just So, I would I would just ask that Yeah. I was going to say like how how wide is that uh um the uh
patio going to be as it faces the neighbors on that side of the pool? That side. It's literally a walkway. We're talking like three, four, four, four feet at the most. Absolutely. Yeah. Absolutely. Yeah. I have no I have no interest on putting anything. So So it wouldn't be like Nope. I have no interest on No Land shares, nothing on
that side, but a walkway around the property. Yes. It appears we're well inside the the previous coverage, so it wouldn't be a concern for additional variance, right? But the the plan if if approved the the plot plan should be revised to reflect those coverage
changes. Yes. Just to memorialize what the resolution have and also and also to show the dimensions, right? To show it and to update those changes. Okay. Um it does not look like the other reason I bring that up is that it does not look like the pool's location
changes off that plan. So the setbacks are to the outside of the pool, not the patio extending from it. Right. So the variance relief being requested, I believe, is still consistent between the plan and exhibit A1. Okay. So it' be the
26.5 ft to the rear property line. Is that correct? I believe so. And and then 30 a compliant sideyard. Right. But now, uh, I've got a question, uh, for you with the, um, your previously the, uh, sideyard
setback was 37.7 and now it's going to 30 because it was 30.7 off 37.7 off the house. Correct. Right. Correct. And they've got 40.4 on the other side. So that would have been uh 77
78.1 and now they're going to 30.4. So they need a combined sideyard uh variance. Um I does our code treat the pool the same for so typically a combined sideyard is a combined off the principal
dwelling not off accessory structures. Okay. So I would and I would further that to the one and a half story brick dwelling that's an accessory structure as well secondary structure or it's a second principal structure. So yeah what
what is the status on that again? That is um that is going to be completed. We we bought somebody else's issue. They they moved that onto the property 18 years ago. They opened up permits. They left it there. I talked with Albert in length before I brought
the property to make sure that we rectified and did everything the town wanted. I have done that. Um I talked to Albert before I submitted anything for this pool and said, "Hey, what do you want me to do about that structure to get that permit and everything taken care of before I do the pool?" He said, "Listen, you've done everything you have
to do. You can deal with the pool. We'll deal with that down the road." Um I have to knock it down or connect it to my property, which is something we are prepared to do. Okay. So it either has to be removed or be uh connected connected to the principal. So we're so
when we're passing this, we're not approving that door uh that second structure as it is. We're not you know and I'm I will deal with that with Albert at the building code department and I am been on that for since I bought the houses before I bought. So I I would I would consider that an
accessory structure at this time. So that's an accessory structure 40.4 for and then the accessory pool 30 on the other side. Yeah. Because I just see uh you know um brick dwelling and that yes raises right is not right and it's
not part of this application for essentially a use variance on a second principal structure on the property. Okay. And you understand nor does it nor does it have prior existing non-conforming status. Yes. Okay. And this this building was an issue within
by the house. Um, so we're well aware of it and we're trying to do everything we can to appease everybody regarding it. Um, because it's someone else's nightmare that I'm trying to everybody. Okay. Board members, any other questions? Any more questions? Uh, if not, uh, I'll open it up to members of the public to
ask questions at this point concerning the landscaping plan and the other testimony you've heard tonight. And actually uh on the prior testimony, this is questions only. You'll have an opportunity to make comments, but at that point in time, I'll swear again.
So, please just keep your questions. This is going to last another year against testing. One, two, three. Good. Thanks. Sounds good. Okay. Your name, please, ma'am. My name is Susan Donald. I'm
married to David Bud. So, it's the Bud House. Everybody calls it the Bud House. Can you spell your last name and give us your address? My last name. D O N E L L 80 Overlook Road, Morristown. Chip.
Okay. And you proceed with your questions. Okay. Thank you. Um, I don't know if it's helpful if I clarify one thing that's happened so far, but we do own the the fence behind Wilson's. Um, and it does face them.
It's very old. But anyway, I'll get on to my questions. Okay, Mr. Chair, real quick, just so because that is a fact statement, do you swear or affirm the testimony you just provided will be the was the truth will be the truth. So, I hope you got I do. Okay. Okay. Just want to make sure it's Sorry, it's counted.
Okay. Uh uh is this a C1 hardship variance? Uh what's what is this? C1 hardship. Um I I have a hardship that I I can't have my pool in my property where I think I should have it. Um I
have an acre of property. I'm sorry, I can't hear. Uh I don't know what variance is exactly, but I believe it is the C1 C1. Um if I could just maybe perhaps clarify the question or yeah you know explain. So miss there's
the state statute of the municipal land use law provides the applicant seeking a bulk variance that's sought pursuant to either NJSA 405D- 70C1 or C2. The law provides two different basis for the applicant well for the board to find that the applicant spend is burden approved to be entitled
to a variance. So there's C1 and C2. So, I think I don't know if that helps answer your question, but that's kind of well you're going. No, but I just um heard that uh C1 is a hardship variance and C2 is weighing the advantages and disadvantages. That's I just wanted to
know which one it was. If they have a hardship, the board can grant it under either. Why don't you Why don't you explain what both are for? Right. So, the C1 variance, that's when there's a hardship, right? Typically that's related to some kind of physical feature affecting the property like I don't know
for example let's say there's a big it's on the cliff side need to disturb some soil and the v the ordinance says you can't do that you can't disturb soil well there you might have a hardship I'm speaking very broadly hypothetically um under a C2 variance an applicant needs to demonstrate that their proposal
promotes one of the purposes of the municipal land use law they're enumerated in section two and that the benefits of the application will substantially outweigh the detriments associated with the application. Not only that, regardless of which basis they want to go, C1 or C2, they also need to demonstrate that there's going
to be no substantial detriment to the public good and no substantial impairment to the purpose of the intent of the ordinance of the master plan. So, I know that's a lot to throw at you, but that's that's the statutory framework that this board is required to uh to analyze the Okay. Do you ask the
applicant those two last questions or are we supposed to ask that? Uh the board that's why we this is a hearing. the board is supposed to ask questions and they they weigh the merits of the application based on that framework and uh you know they'll decide whether or
not the applicant is their burden approved or not. Okay. Then I'm going to just assume that not assume hope that that you all are asking those two questions and you're satisfied. Right now we're asking questions of the uh on their testimony. So if you want to
get there. Okay. I'll just ask that what you're saying now is good is best left for when uh you get to testify and you can come up and say but right now it's just asking questions. Okay. Thank you for your asking for clarification. Okay.
Thank you. Um well this uh this is just a little note to the Wilsons that I don't know if they're aware of the town pool gu. I don't know if you've ever I mean I know you're new so I don't know if you know that about that. Um and if you're aware of the Kellogg Club which
is a a pool club for the neighborhood. Um just in case you didn't know about them I wanted to make sure you knew because they're great options for neighbors. You got to let him answer the question. Uh I I aware of those. We appreciate that. Okay. Thank you. Good.
Okay. Great. Um, as a condition of approval, the board of adjustment at the last meeting suggested the planting of the two rows of trees as a buffer, and this is really impressive what you've come up with.
Um, it's very shady back there. I know you've taken out a lot of trees recently, but um, our house blocks the evening sun, your house blocks the morning sun. There's tree cover not just from your trees but also the two large maples and
one large locust at the Cassid's property. Mr. Cassid's here tonight. The two large maples and one large pin oak from our property. And the large beach tree, the very large white oak tree, plus two pin oaks and one maple from the Addison's property. They can't be here
because they're on an airplane coming home from their family vacation, but they wish they could be here. Um we are concerned that the trees Okay. Are you asking is there a question in here somewhere? Here we go. The trees that would be planted these arborvite
um we're concerned that they would survive all the shade and um and just as a part of the question it may help the survival issue if the trees are taller than the fence to get the
light. So that would be seven to eight feet tall rather than six feet tall. Sure. Um the trees will survive. I have 11 on the one side. We talked to the engineer last time. Um I've been monitoring the light as I've been thinking about this for the last two
years. Um there will not be an issue. I I did this in my previous house where I put in on the right where I had less light and it did just fine. Um you're correct. There's a concern about the trees being lower than the fences. Um when fences are six feet, they should be at least
six feet. Um the sun does come down at about six feet. Hit them during the day just below those fences. Um I have no issues or concerns or qualms. Again, I have a 13-year-old daughter going to be in this backyard in her bathing suit. There will be privacy. I will make sure
of it and that is 100% guaranteed. Thank you. I will guarantee these trees. I am concerned about your privacy, but not a fraction as much as I am about my own. Okay. So I am definitely making sure this is not and we have employee
this is what we want to do. Okay great. Um also does that what happens if if a tree dies if several trees die? Great question. Um I don't know if you were there before I bought my property, but there's lots of trees on property that
fall down all the time. I don't know if you saw the tree fall down a month ago that fell towards my house and not yours luckily. Um, but one did fall down shortly before I bought my property and knocked down seven of the arborvite that were blocking my neighbor to the right.
Those trees miraculously themselves shot out the side and grew back up without being had to be replanted. The 50ft log that was compass 10 feet was left there, but those trees have grown back up and have blocked my neighbor's house once again in the span of just a few years.
Um if they die, we will replace them if they die. Obviously, um we would replace them in a heartbeat. Um but they have proven to be very well and received the light there and do fine. And again, I am very concerned on my privacy and if it's not private enough, I will put more up
and I will always replace them as as they die. We love trees. We want more of them, but we also just want them to be feasible for what we're going to do. Okay. Thank you. Um, will there be any more trees removed?
Uh, yes, there will be some trees removed. Um, that will happen regardless. I've had insurance cancel on me twice. I've had two trees fall down on the property in the last 12 months. Um, this week alone, I've had pieces big
enough that fell that just about two days ago when the wind was that would kill somebody. So, I have a lot of stress and anxiety over the trees on our property. And I think as my wife that this is kind of where this came from that so much stuff was falling and the trees behind our house are leaning
because there was no mitigation done on our property. You guys all have your houses built after the fact. There's mitigation. My house was there in the woods for many, many years and she just let the trees grow and they're all fighting each other. They're fighting and fighting and fighting and there's one's leaning this way and they're leaning. When you say this way, like
over my house. Okay. Like I'm talking a tree that you can't even put your arms around that will kill everyone in my house. So I have heart palpitations. Um so trees will be cut down regardless for the safety and mitigation of my family. Um but I will be planting twice as many as I'm taking down. And I'm going to I
have hundreds of trees on my property just so you guys understand. Um 50 in my backyard alone. Hundreds around the property. In the front yard, another 50. So um I've cut down 12 in the last year. I had to come back. the the arborist come
through save a tree and pick all the trees and constantly trying to manage and they keep falling and falling and falling. So that's where this started. We're trying to manage the trees. So nothing is going to get taken down that really shouldn't be taken down in the first place.
You've probably heard that they have a new tree ordinance in Morristown ship, right? Would somebody like to speak to that issue? I don't know much about it. I I think just this is just my thoughts that since you're saying you're going to
be removing a lot of trees, not a lot, just there's a number of trees I have to remove regardless that are hanging over my house, right? Um and then like some that are, you know, you're talking trees that are like this thick that are 15 feet tall that are struggling to move
over. But I'm removing like regardless of whether or not I do this, I'm going to remove the trees behind my house that pose a threat to my family. I I understand that. But just like you're you're talking about like as we sit up here, as the
board members sit up here, we have no concept of where all these trees are we're talking about. I mean, at least me. I'm Let me show you a picture. You want to show a picture? Public information. We we we can't just
go off of uh what we see on Google. Okay. Maps. Yes. Could be outdated. Could be outdated. Yes, it could. That's true. But we don't have to litigate that. Can't a condition be that they follow the guidelines of the the ordinance of the ordinance. They'd
be required to do so anyway. But we're going to certainly reiterate that in the resolution. So it sounds like you've been working with an arborist to manage the trees on your property. I have essentially like a a forestry management plant for lack of
a better term with them. Exactly. I had save a tree. I picked an arborist. My wife suggested we pick arest. We had save a tree come through when we bought the property. We took down a number of trees, cut back as much as we could. Honestly, things kept falling, trees kept falling. Um I had another company come in and do the same thing. And it's
honestly it's a a constant maintenance on all of it. And that's not going to change. I'm gonna still have to do that on the front, on the sides. I have to find trees in the woods that are falling even towards my neighbor's houses and trying to mitigate all of that. Um so, so we'll just we'll add to your process.
One thing that's changed since you purchased the home is that there was a communitywide ordinance obligation from the state and from um from the EPA. part of the MS4 stormwater permit that required municipalities address
basically a tree removal and replacement program in their ordinances. So, so there is a registration and replacement process that you'll go through formally with the township that you wouldn't have had to do in the say the first year when you purchased them. And that's great. And I didn't I actually called the town
a number of months back to ask if it was okay that we did this. And I'm not I don't I believe it was up to maybe two or three weeks ago that that ordinance hadn't been on the books. So, I did I did check on this and make sure. I was told that everything was fine. Everything it's changed since then. That that's fine with me. That's great. I'm
going to plant well more trees that will have better light access and we'll do much better and thrive more than what's already there and it's not going to pose a threat to anybody. In fact, it's going to offer a buffer zone. Um, so I, you know, we're just trying to better and a
lot of those trees that that's on the property right now are, you know, there's a mix of sizes. So a lot of them are undersized which would not which would not trigger the Yeah. would not trigger the you know so they're like undergrowth trees. Oh there's a ton of undergrowth trees and
then I have trees that are you know this big and lean you know right so okay you have more questions please sidetrack there. That's okay. Um all of this adds to a better picture of what what's going on. So that's very helpful.
Um, let's see. Uh, oh, regarding this new drawing. Um, it says here this is the garage. That's ML. That's that they call the carriage house. You're aware what that is, right? I know. Yeah. I was just wondering if you're changing it to a garage or something. No, no, no. We're not. Like I said, it's we're going to
compress that into the house. We're going to try to make that eyesore go away as well. We're trying to rectify everything that she did that. And that was my next question. So, I couldn't hear in the background. What did you say that you are going to keep the house or you're thinking of getting rid of it? Oh, we would we would like to keep it.
We'd like to It's a beautiful thing. It was built in the 40s. It used to be over there. It was moved here. It has a great history. Um we would love to keep it and preserve the building and the property. Um that is my plan. Um I I have no interest in knocking it down. If the
town makes me and I don't have an ultimatum, you know, I can't tell them no. At this point, um, I'm trying to build this this property for my children. So, I want to get this pool done and I'd love to get that carriage house done because initially I was supposed to my wife and I were supposed to move in there and live on that part
of the house. That was the plan when we bought the house. We did not know the house was in such dire straits that we shouldn't have bought it and it was going to cost most of our life savings to fix it. Um, which it did and this money was allocated beforehand for this pool. Um, so we're just trying to
finalize our our plans. Um, but uh again that carriage house when we do do it, we're going to try to minimize everything and not, you know, have an issue with anybody around us and try to keep everything, you know, without disturbing anybody. Knock it down and fix it up.
Okay. Um, and then the other thing I wanted to ask on this plan and this plan, the patio is is so different, and I know you said you just want a 4ft, but the pool, if I understand correctly correctly, stays the same place. That is
correct. And I do apologize. Um, I think the first thing that was drawn out, they they just kind of speculated the patio. We have no interest. Um, the patio being on that side, there's no light there. And also, first and foremost, we understand that that is where your
property line is. We don't want to go near it. So, we're putting everything on this side and towards the house. Great. So, this is the final thing. Um, and it will be no more than just a walkway on that side. And in all honesty, right now, I have my kids playground and his
trampling, all that stuff back there. We're really pulling everything closer to us. So, I really think that in the long scheme of all this, we're making it better for everybody. Thank you. Good. Thank you very much. Um, let's
see. Oh, regarding the fence around the pool, um, did you just say that you would put up your own fence? I I think that we were all in agreement that they were in agreement that they would like me to put up a fence a foot and a half from your Okay. So that in case something happens
with your fence, there's a second barrier and it will be new and fresh and sturdy and that will go along and encompass my pull crust. I think that sounds great because our fence is very old and if we're out of town and slats fall off, I wouldn't be horribly I mean
horrible things could happen with a few slats off. Agreed. And I' I've worked on your fence on my side as well. Thank you. So, you know how old it is. I do. And I do know and I I do construction as well, so I have absolutely no problem um doing that and just really solidifying
that property line. Okay. Um, oh, uh, and this is my final question, I think. Um, if the pool is approved, crossing into the setback area by quite a lot, does this set a
precedent for Mr. Wilson to build other things like a tennis court or a shed in his back area in this setback area? No. No. Simple answer is no. Okay. Um and the approval of this variance,
will it set a precedent for other neighbors in our neighborhood? This could potentially adversely affect the privacy not only we have but in the neighborhood again that was again the short answer no every application is judged on its own
merits. They all stand alone. The board isn't that just because it finds that one applicant met its burden proof doesn't find that every applicant's met burden proof. As I was trying to explain you before, that's every application is analyed to that statutory framework. So like I said, they're all judged on their own merits. So no precedent, the short
answer. Okay. Thank you for allowing questions. You want to swear me in now or later? Oh, this is for questions right now. So, on questions, you don't have to be sworn in. I'm David Bud and I live at 80
Overlook Road. We just heard from my wife. Uh, this is a question for the applicant. Are there any other locations on your property where the pool could be located while requiring no variance or a lesser variance? Uh, the answer is no.
We went that last meeting and I thought about the calculator. We looked at it. This is the best this location that is works for everybody. This is I understand. I understand this is the best location in your opinion. If I don't put it here, this my envelope on
either side I'm only asking for about 20 foot variance in this direction. So this is where it's and also I think what we talked about is anywhere else I put it, I can't see my children in it from my house and that's not acceptable for Okay.
Um, have you given any consideration to raising the accessory building that it's currently unused, accessory structure that's currently unused and citing the pool partially in that existing footprint where half of your excavation is already going to be have done be done
for you? Uh, again, no, I will not consider that because I will not be able to see my children in the pool. Okay. This is a uh 47% incursion into the setback variance which is of material variance in my
opinion for what it's worth. Um and so that I have a question this can I ask a question of the board. Am I permitted to do that? Go for it. Go for it. Yes. All right. Um, in the event you would elect to approve the requested variance conditioned on the installation and maintenance of a staggered row of buffer
materials, the the uh giant arbor vite you've talked about, what guarantee uh do adjacent neighbors have that such buffer material will be maintained and replaced in the event it dies? Because I I do want to say this. Um, that is a
very dark area and I I think you really should do a site inspection before you make hate to cut you off. you're getting testimony. But to answer your question, I believe the applicants already agreed that they would replace any trees that they died. That would be better for the township to enforce as far as Okay.
Thank you. I'm good. Any other members of the public wish to ask questions at this point? Questions only. Seeing none, hearing none, close the public portion for questions. Do you have any other witnesses? I do not. All right. So, now we open up the public for
comment. So now uh we will open this meeting up for comment and testimony uh from any uh member of the public. So any member of the public who wishes to testify, please come up to the microphone. Now you get
four second. Uh Mr. Mr. Bud, just name address one more time for the record, please. David A. Bud, 80 Overlook Road. Okay. Thank you. You swear to affirm that the testimony you're about to provide will be the truth, the whole truth, nothing but the truth. Hope you got I do. Please proceed. Okay.
Uh, as I started to say before, I have some misgivings about the efficacy of of this buffer material to to thrive in the in the conditions that it's going to find. My wife already went over the number of very large trees that are located on our property and on the two
adjacent properties, which combined to basically deny very much afternoon sun. After once you get past noon, there's going to be not there's going to only be filtered sunlight uh that that gets past our fence. And by the way, that is our fence. Uh it's a wallpade fence. It is
facing the correct direction. The the nice side of it is facing their property. It started to fall. Those posts rotted out predictably. Um, I have partnered them all with uh pressuret treated posts on the other sides and they're not going to go anywhere for at least a little while longer. Uh, and if
they if it has to be replaced, I will be happy to replace it. But my concern is that before you approve this, I would really suggest and recommend strongly that you do that you send either some representatives over there and do a site inspection to just look at the shade
conditions that are found in where this buffer is supposed to go because I don't think it's going to thrive. That is all I have to say at this point. Thank you, sir. Thank you. Any other members of the public wish to
speak? Seeing none, hearing none, close the public portion. Board members, comments, Mr. Chairman, I'd like to ask say that um I think the applicants done a really great job of addressing the concerns
raised by the neighbors from the last time and um it may very well be true that there isn't enough sunlight. That's not so much the um concern of the board except to say
that the applicant has agreed to replace trees that don't survive. Um so I think that um in my view with the with with the improvements made by the applicant I would say that the the um the benefits
outweigh the the detriments and I'd be in favor of approving this application. Okay. Any other board members with comments? Mr. Mr. chair being that the applicant has and is willing to satisfy all the board's condition and has uh
shown an effort in good faith to appease the neighbors. I'll make a motion to approve this application or a second. Um any other comments from board members? Uh and before we do any kind of
vote, we have to like uh enumerate the conditions, right? I'll be trying to keep score, Mr. Chairman. Okay. So, we want to make sure that all the conditions are on there. Yeah. Nobody else has anything to add. I I can Sure. Let's go over the conditions and
we can talk about it. So, first, the applicant here is seeking uh one variance, both variance for the rear yard set back of the swimming pool. He's required to provide 50 ft at a minimum. It's proposed 26.5. Um, as far as conditions go, I do know that um, former I don't know if he
retired yet, but uh, former andor current assistant township engineer uh, Hansen had issued a permit deny on this application. Um, well, not on this application when he initially applied for the pool. Um, there were a couple conditions in there that the applicant would need to submit for and obtain a grading permit in connection with the
improvements. Um, we would also need to install dry wells to mitigate the proposed increase in lot coverage. Both these conditions would be subject to their reapproval of the township engineering department. Uh John had to put you on the spot. Anything you want to weigh in on the storm water? I am familiar with it. Um and our assistant
engineer has officially retired. Okay. As of a few days ago. Okay. Uh the conditions that he had put into the zoning denial, they're meant to be complimentary to it being carried in a denial and referral to the board. Okay. So I would recommend the same. Okay. the
essentially there's a grading permit application you make to the engineering department. We'll review and we'll go over with you the required detention. It will likely just be some form of infiltration perhaps um kind of gutter drains around the
outside of the patio to take that and then it might be able to even feed some of your your new plantings in some way. Correct. Yes. Okay, perfect. Thanks, Joe. Appreciate it. Sorry to put you on the spot. No, I prepared for it. do the best. Okay. As far as other conditions, this is what I picked up
from uh tonight's hearing. Um applicant will provide landscaping to be planted in substantial uh accordance with the landscaping concept plan and renderings provided under exhibit A1 that was presented this evening. Who who would uh evaluate that? Would that be uh the
zoning officer? Um zoning andor engineering. I would right now it's yes both. Yes. Okay. Yes, we are in the process of working on replacements for Mr. Hansen's position. Let me just make a note of that
resolution. Okay. Uh applicant will provide a 48 foot 48 inch pool fence to enclose the entire I don't know why I did that. I put two dots for inches. Uh 48 inch pool fence to enclose the entire rear yard area. Position 1.5 ft away from the fence to the uh to the rear. In
addition to preserving the existing stock a fence, which I guess is kind of irrelevant now that it's been testified to that it's on the other property anyway. Uh applicant will construct the patio in accordance with the depiction on the landscape concept plan. Uh and the plot plan that was initially submitted will be revised to depict that
uh patio and to also revise the lot coverage calculations accordingly. Um, applicant will replace any trees planted in connection with this application if they die or otherwise significantly damaged. Uh, let me see what else. I know there's
a couple. The applicant will comply with the tree ordinance as it relates to any kind of future tree removal. And I think that's it from this evening. And let me just double check Rich's notes from last time. I don't think I can we add something in there that this um if we approve this that this is in no way um
validates uh any u concerns about the uh presently detached dwelling uh as far as uh saying that okay we've approved this uh site plan this uh location and therefore the applicant
would say well they've approved my uh detached dwelling there. Oh, you can put me on record. I can make it clear in in the resolution, Mr. Chairman, that this doesn't relate to the the detached dwelling or carriage house as I think it was called. Albert, they called the catchers. Albert will know in the
building department, right? This does not But but this can come up owner if you were not after Albert retires. Yes. Okay. No, my in my plan is to get that car test done pretty much right after this happens.
Right. Right. No, there's no devariance being granted for two dwellings or anything like that. This is this is purely related to the pool. I'll make that you can quote me. Absolutely not. We would make sure that's clear in any resolution. Okay. Any other conditions? Any other board members with
Did we cover all any conditions to your satisfaction, members of the public? Oh, I did I'm sorry. I did see one from from Richie. He he noted that the second brick building, which I think he's referring to as the carriage house, may not be used as a separate residence.
Um, which I think we've already I think because it can't be. So, if they're connected, then it's not a separate res. He had it marked as as a with a C next to it, which I presume is condition. And again, this thing has been an open can of worms for everybody. Landscape plan. We already did. No
separate res. We can put that in there. So we Yeah, he's been proposed to me that we put the pool inside of that just to appease everybody, but that's and the only other I mean the fence would need to be pool compliant anyway. You just noted that it would need to be pool compliant per township engineering
requirements, which is I think we've already touched on this. Okay, I think that's it, Mr. Chair. Thank you. Okay, that in mind any other member, do we want to put a time limit on the replacement of trees or is it just going to be forever? I I'm happy to do a time limit. I mean,
again, no, that's actually for your benefit. So, I'm asking him, no disrespect, but it's just between us. Uh, do we want to put a time limit? Um, for for three years, five years. You can do it for the life of the pool. You do
it for the life of the pool. It's the landscaping is mitigation of viewshed. that specifically speaks to the balancing test that you will appine on shortly when you when you make your decision. So, it's most appropriately
tied to the life cycle of the pool in some capacity. Okay? And we'll make it straight out tied to the life cycle of the pool. So, it would be unless by mutual agreement of the neighbors. But no, let's not leave that
out. They can figure they can figure that out on their own. They just can't make the rules and you know and then then it falls to an enforcement issue. Yeah. Okay. Enforcement officer. So I think the better way to reward the condition that would they were replace any trees
applicant shall maintain the trees as depicted on the landscape plan for the life of the pool. Okay. Good. Okay. Mr. Chairman, there was a question from the She's on another topic, so I don't want to Oh, no. Okay. Um, should
we let her ask a question? Up to you, Mr. Chair. Ask your come up to the microphone and ask your question. We I normally don't do this, but Thank you. I'm sure it's minor, but you never know. You never know. So, you mentioned a grading permit, and sorry, I didn't even
know about a grading permit, so I just wanted to know what how much grading is involved. That's your Bailey Wick. Well, 48 ft. 48 ft for That's going to be a good joke for a lifetime of us knowing each other. Um,
for the pool. So, the the grading permit is triggered by the overall disturbance area. So, essentially, the area that's being disturbed is is large enough that it triggers and necessitates our review to make sure that no significant changing grade detriments another
property. and also the offset of the impervious coverage that's being created is then mitigated. So rather than doing that and perfecting that with the applicant before they're in front of this board, that's a process that's commonly done in municipalities through a grading permit instead afterwards.
Okay. So, so and the net cut fills on the property are are not very substantial other than the excavation of of the pool. Um, it's really the feathered grading from what is essentially an existing grade where the patio will be to make sure that it does
not shed the water towards a specific neighbor in any concentration. It gets captured and goes into infiltration. Okay. All right. Okay. Very good. Thank you. Very welcome. Okay. Board members, any other comments,
questions? Then I'll entertain a motion. You have one from Mr. Williams. Mr. Mr. Williams, I amend my motion to all of the conditions. Okay. I just want because all the conditions weren't annunciated yet. So, you're renewing your motion to approve. I
am all the conditions. I thought that's what I said. Mr. Shuster second. Okay. Miss Santiago. Mr. Track. Mr. Goldberg. Yes. Mr. Trackmber. Yes. Mr. Williams. Yes. Mr.
Schustster. Yes. Mr. Benois. Yes. Mr. Kramer. Yes. Mr. Woodford. Yes. So move. Okay. Thank you. Thank you. What? Apple.
Yes. He's throwing extra copies of the picture. You want these extra copies? Good luck. Want some pictures? We got to keep a set at least for the uh We got to keep one set. Thanks a lot. Good luck. Have a
set. Sonia, you have a set? A set? Yeah. Um Joe? Yeah. I gave it to Joe. We took it here. You can have mine. Joe, you kept mine, right? I kept a copy. So you have a I heard
it's got to be complete. So yes. Okay. Her reputation precedes her. Yes, it does. It should. Okay. Omar agenda at the bottom somewhere.
Next one. I don't see a landscaping truck. So, I think it's Let's see if it shows up. Okay. The next application is BA-06-25, Joseph and Meg Gaul. Miss
Santiago. Yes, Mr. Chairman. This is application B8-06-25, Joseph and Meg G. Block 6904 lot 520 Applewood Lane in the RA15 zone section C. Applicant proposed
the construction of an ingground pool and patios creating a rear yard setback of 20.44 ft where 25 ft is required. Okay. Let me swear in witness and our board
engineer whenever we get situated. Okay. You both raise the right hands. You both swear affirm the testimony. You're about to provide the truth, the whole truth, nothing but the truth. So I hope you got Thank you, sir. Please give us your name. Spell your last name. Sure. It's Cory G. G A L. Uh I am
attorney. I'm also here on behalf of the applicants. Joe and Megal who also happen to be my parents. I apologize they are not here in person. They are in Georgia and my father mistakenly thought he could appear by Zoom. He learned he
couldn't and for some reason I volunteered to help him out today. So I am here on behalf uh seeking the variance um that reference at 10. Uh it's involving building ordinance 95-28
which is requires 25 foot rear setback. The plan proposes a 20.44 rear yard setback. So it's 4.56 ft short. Um, and just to give a little bit more information about the property, the
rear of the property, but um, forest uh, which is owned by the township. Uh, so there's not a neighbor back there. Um, and it's actually forest for about 200 ft. And then there is the wall barrier
that is uh, with 287, a sound barrier for 287. Correct. Um, so that's what's in the rear of the backyard. There's no gated backyard. You just Mr. G, before we go any further, I just want to be clear. So, you're here on behalf of your parents. I did receive a letter from your father, Joe Gaul, that
you'd be here on his behalf. You're here as a witness also as an attorney in fact, so to speak, as opposed to attorney representing an applicant because you're giving testimony. A little unclear for us what I was, but yes. Right. And you're uh of the
property, right? And you have I assume you have knowledge of the property. I do. Okay. Right. And I did see in the letter that he's authorized you to stipulate the conditions the board may impose on any condition of approval. That is correct. Okay. Understood. Great. Thank you.
Oh, can we also get your address for the record, please? We have Yes. Uh 203 Washington Street, Jersey City, New Jersey. All right. Thank you, sir. Okay, you may proceed.
So, Mr. Chairman, yes, if I may. Um, since this variance is uh is based on uh a setback where 287 is the neighbor, right? Um, I think we might be able to
dispense with a lot of the normal process and possibly move forward with Well, I think we still have to get what the application is on the record. Um, and also questions about the impact on
neighbors on either side. Even though it's not a setback, uh, they're not set back involved in a setback, it's always good to like just see what the impact is. Thank you. All right, you may proceed. And then just to add um for the record, the uh
the ordinance requiring uh notice to uh surrounding neighbors, even though you're not in here. Um that was all complied with uh with proof of service on all them. Uh there's not been any reports as my understanding uh consensus
board um commenting or objecting to the pool uh I'm sorry to the variance uh that have been requested and Mr. Chester said um it does go to the rear uh of the yard and um it is it is only forest back
there with 200 ft and there four and a half a little over four and a half ft and I welcome any questions the board have uh then I can help answer. So just just a point of clarification. So the property backs up to a vacant lot and
then that lot backs up to 287, right? It's not uh I guess you could call it a vacant lot. It's actually like five acres of forest. Okay. All together. So it's it's not split up. And I know what you mean by a lot. So it's not um at least in my mind and I think a lot. I
think it's a tax lot. Right. Like if we're going to map That's what I mean by a lot. Right. Right. It's backed up to a 5 acre tax lot. Okay. Which is all far except for Route 287 which I believe the DOT has. Right. And that that lot is I believe open space. Is that correct?
That's what it says. I believe so. Yes. Yes. So to the other side of 287 east would be south south gate, right? A relation, right? Okay. Okay. Was there any other question? Um,
so it have no impact on any rear neighbor whatsoever. Correct. It never will. Correct. for the life of 287. [Applause] Is there any landscaping proposed along the property lines on the side lines
rear? No, nothing. Okay. Is the shed on the plans existing or proposed? The shed on the plan is existing existing. Yeah. That being said, is it within the fact that
what's the what's the I believe it was Mr. Hans that did the uh the review and the dialog shed setback. the only um resolution that is not compliant with the owner of
25 and that's the single the shed meets the zoning requirements as far as the size and location shed. Is there any intention on taking down any large trees in the rear? No.
Yeah. questions. Okay. Board members, any other questions? Members of the public, any questions? Seeing none, hearing none, close the public portion. Uh board members, any comments?
Seeing how this uh application will impact no one. Uh do I have a motion? I move that we approve. Real quick, Mr. Jim, just just to be clear, public comment and questions were closed. There's no members of the public. Just want to make that. Okay. Thank you.
Yeah. I'm sorry. Um, also there I did just note there were two conditions in the permit denial letter dated February 24th. Um, you guys would need to apply for and obtain a grading permit. Um, which would include the submission of a grading plan that includes the design calculations of the drywall. All this will be subject to the engineering
department's review. Um, and also need I think you would also need to revise the zoning table on the site plan to include I'm sorry to include the area of the proposed pool as part of the proposed building coverage. Again, these plan revisions subject to the engineering department's review. You guys believe that? That's correct. Okay. Got it. All
right. So, you're compliant with the letter. That's all I just want to make clear. Thank you. Great. So, your motion motion stands. I move we approve with conditions as stated. Any do I have a second? Second. Thank you. M Santiago.
Mr. Goldberg. Yes. Mr. Tractenburgg. Yes. Mr. Williams. Yes. Mr. Schustster. Yes. Mr. Benois. Yes. Mr. Kramer. Yes. Mr. Woodford. Yes. So, yes.
Thank you very much for your time. Make sure you bill your parents. So, Mr. It was three hours only about a couple million travel to and attend zoning board
meeting. That's right. So Mr. Gipated exactly Mr. G. I lived at 212 Washington Street. Oh, did you really? And that restaurant there is now that was my office where I had my business. 212. What's the
restaurant? No, the other corner. Um such that was my oldest. Wow. That was like in the 20s. It feels that I loved living bars in Jersey City
back then. At that time I loved it. by. Okay. The next application is BA-7-25 Alexander and Rebecca Langua. Very nice. It was a judge Langua. That
was my mom. Oh, she think I shouldn't have said that. No, no, no, no. She was she she was a very nice person. I I not one I appeared before. I appeared before many times and Oh, man. What'd you do? I was
an attorney. I wasn't like I wasn't like a habitual criminal. There we go. Look at the way he turned out. Position of trust. Okay. This is BA7-25.
Um, Alexander and Rebecca Langua, block 7306, lot 1220 Albert Avenue in the RA15 zone for section C. Applicant proposes the construction of a second story addition creating a front yard setback
on Fanic Road of 46.8 ft where 50 ft is required and a front yard setback of 32 feet on Albert Avenue where 50 ft is required. The applicant will also seek a variance for the expansion of a non-conforming structure.
All right, can we get everybody sworn in? Okay. So, if our you two gentlemen can raise your hands as well as coordination f do all three of you swear refer the testimony you provide to be the truth. The whole truth nothing but the truth. So, have you gone? Great. And sir, I'm presuming you're an architect, but I don't want to be too get too far ahead of my skis. Could you give the
word the benefit of your background, credentials, educational experience? Uh, I'm registered in Steven Majuski. M A J Wski. My office is at 20 Valley Street in South Orange, New Jersey where I've been
at that location since 1998 approximately and across the street. Uh I've been in the practice of architecture since graduating the University of Virginia in 1976 and I originally worked for another company, Alexander Architects, for 22 years
before establishing my own company in 1998 uh in my hometown of South Orange and I've been there ever since. most of my experiences in residential architecture, even though I've worked on many other things. Besides that, I've had testimony before approximately 70 other times
before boards in the past. Okay. License is current and good standing. Excuse me. Your license is current and in good standing. Yes. Okay. Accept is accept. You're acceptable as well. Thank you. And uh sir, I'm sorry. How do you pronounce your last name again? It's Langua. Langua. Okay. Uh just your
address for the record, please. And you're Alex Langua. I am Alex 20 Albert Avenue. 20 Albert. Yep. Great. Thank you. Um yeah, so I'm I'm here on on behalf of uh myself and my wife and our three daughters, Rebecca and Loretta,
Delila and Jolene. Um we've been living in town actually exactly 16 years and two days we moved in uh to Tony Albert. Um my wife and I had our first fight. 16 years, two days, and now Tony Albert because she was a month pregnant with our daughter and I walked in seeing her
lifting up a couch. Um, and we've been happily in Morristown ever since. The kids are happily in sconced in the school district. Um, I've got a 16-year-old, a 13-year-old, and a nine-year-old. Um, we love it in Morristown. Had a chance to move a
couple years back to go take over my childhood home in Madison and and and didn't even think about it because we like it here so much. More than that, we like our neighborhood. Um, my wife is a nurse practitioner up at the hospital, so she's got a two-minute commute until the hospital put in some parking
changes. Um, the kids are super happy. Guy, we think we're in one of the best spots in town, Ginty Pool, right down the street. I know every inch of Monica paths from running thousands of miles in there. Uh, we do not want to move. Uh, but as I said, wife, three daughters, we
basically share one bathroom. Um the kids sharing rooms. We're just running out of space a little bit and so this is why we're here. Um Steve came recommended from uh a friend of my sis older sisters. Uh so we employed him
about a year ago um to just try to get a little more space so we don't have to move so we can stay in Morristown for as long as we want. We love it here. Don't want to move. Just need would like a to have a little bit more space. And that I'm going to turn it over to Steve. He knows all the stuff.
Just one second. Any board members have any questions? Members of the public, any questions? Close the public portion. You may proceed. Good evening. As I've been introduced, I came to this project as I usually do. And one of my first actions that I do is
review zoning for anything that requires an addition for this like this project does. And I found myself looking at a corner lot, which is part of the plot plan. And this is the plot plan that you have as your records and this is what I will refer to uh to address the
variances in the neighborhood and what we're asking for. Now, as I initially looked at the zoning survey, I go through all the calculations of coverage, building coverage and uh for each uh lot individually. And of course, I initially discovered we have a corner
lot. Typically, corner lots have challenges to start with because there's two streets and two uh front setbacks. And I usually find that uh coverage is a complication and a violation. But in this case, I discovered that building and lot coverage were not complications.
I only discovered that a front yard variance would be required. If you look at the two streets, 50 ft minimum is required per the zone and one street only has a little bit less than 50 ft and the post side is 30 and 1/2 ft
basically to the front of the house on Albert Avenue. uh I'm typically seeing that these uh front setbacks would comply. So I was surprised when I saw 50 ft. But of course corner lot has challenges. So we discussed the project
found that we were really only going up and covering the existing nonconforming structure not with a further violation. Uh the only thing that we would be going beyond the footprint when we worked up a proposal for this project is a slight bit in the back of an overhang of the
second floor about 2 feet in order to accomplish the space upstairs and to cover the existing front porch with a roof which is not a violation because the front is allowed to go in anyway. It only goes in the roof only about another 2 and 1/2 ft past the the uh face of the
building. So what I also looked at was how does this compare to other lots. So when I looked at Albert Avenue uh well actually I looked at Fenook first and the setback is very similar to the houses on Fuk at this point. The other houses that uh go along that uh street
when you look at Albert Avenue the lots that are closest to this property we're on lot 12 across the street. There's three lots that are substantial size and one right next to it. This front setback is very similar uh to those houses. And
then if you go north, you find older homes and all those are much smaller lots and their front setbacks are very close to the street. I I don't know exactly what they are, but I would guess some of them are only about 15 20 ft at the most from the street. But in addressing this particular lot, I found
out we're very similar to the other houses very local to it. So when we were talking about building a project that does not violate further and goes up uh on the existing non-conforming front setback, I felt this would be a reasonable request to bring to the board to grant relief for us. Uh the other
interesting thing is and I outlined it in my prop uh uh uh description of the property and I illustrated this with two color markers on the site plan. The allowed building envelope is very small on this lot. It's outlined in orange and
it's outlined on your prop, Mr. Rejusi. I'm sorry. Before you go any further, I figure out just Yeah, we're going to mark that as exhibit A1. This is also the This is the plan set you submitted dated February 20th, 2025, correct? But with some highlights, February 20th,
right? No revisions on that. Excuse me. There's no revisions since that date. No changes. Okay. Same plans. Okay. But this will be exhibit A1 highlighted uh property plot plan. This is the exact right. I prepared it with my staff all
these drawings understood just because it's highlighted. It has to be treated as a separate exhibit, you know, beyond the plans. So yeah, so if you look at it 50 foot set back on each street, you can see the building envelope is actually pretty small. It's only about 25 ft deep
even though it's 80 ft long. And the front of the house, the majority of the existing house is is in violation. And I gave a percentage on this here. I think it's more than 50% of this existing house in violation. So we're automatically sort of given a hardship to be able to develop anything on the
lot. And the interesting thing is if anybody wanted to remove this house, it's likely that any developer would have to come for a variance anyway. It's a very small building envelope and I I doubt that someone could do something on this lot that would be acceptable to the neighborhood
without a variance. And the other interesting thing I looked at is if this was not a corner lot, if it was a standard interior lot, such if this was the street and this is the sideyard, you get a much bigger building envelope because the rear yard set back required in the two
sides and the front would give you a building envelope outlined in yellow that would be double the size that we have. So when you look at this, we would really be restricted uh to be able to develop anything on this lot if this
house was to come down. So we've decided that it would be best to work with what we have because there's a lot of value in the project uh property that's there in the building and we're and we're renovating the first floor very little. There's an odd bedroom that you actually pass through and that would become uh part of the kitchen space which is
lacking an eating area and uh basically that's what we're asking here for. So we feel that this is a reasonable request for a front yard variance because it's similar to the other houses in the neighborhood. And I can introduce uh photo board. Sure.
Sure. Is this A2? Yep. Yep. That'll be exhibit A2. And that's a photo board exhibit. Yes. I took the photos uh some recently and some during the course of the project and there's a Google map uh image. Okay. On the board in the middle.
Do we have a date on that or is that just today's date? 42825. Um 25. Just the entire exhibit. I printed it two weeks. Two weeks ago. I'm talking the entire exhibit. What?
Oh, we'll just date that today. That's okay. Yeah. Okay. That's what I thought. Just you want to be quick. Uh some of these pictures are actually in the application that you have. So I show a view of each side of the house. One side looking from the garage on the bottom right side more direct to the front in the
middle. I couldn't take a direct shot that you can see the house because of the trees that are bu in the front. I took one in the back which is on the left side and I took one from the garage with the back and we are building over the footprint of everything that you see here. I also include on this some photos
of the houses across the street and on the same side that relate to the similar front setback that we have on our house. And they're all two stories, correct? They're all twotory houses. Two stories. They're all full two stories. Uh there's a Google map image here. And if you
looked at you would be able to see that the houses close to it are all similar setbacks. you designed the architecture. We stayed in the exact same styles that are consistent with the neighborhood. Nothing unusual. Two-story
colonial. Uh we're raising the center portion mostly. The garage on the right side that is staying as it is and we're enhancing uh the architecture of the existing uh singlestory colonial. We're significantly under the height still.
We're only at about 31 ft maximum and 35 ft is allowed. Uh we're not getting any closer to the rear yard or the or the uh interior sideyard. And so we feel that this is a reasonable request that keeps the neighbor uh consistent with the
neighbors and the other homes in the area. We're not proposing something sim uh different now. And you also submitted these plans ahead of time. Uh February 20th, 2025 is the date on these. Yes. Okay. No revisions. Just making sure it's the same thing. Same exact
that you have. Right. Thank you. No marks. Perfect. Thank you. So I also in in deciding whether this would be a reasonable uh request that I felt that we could bring to the board. Uh the existing building coverage is uh
only 15.8% and we're allowed 20 and it's only going a slight bit because of the overhang of the second floor in the back which is right here. in order to be able to square off that side of the house to get a uh a bedroom. You can see that on the
uh floor plan which is page two package for extends a little bit of what does not existing rear section. You could also see here what I
mentioned earlier with the kitchen games and eating area by taking over a guest bedroom and we're creating a an open stair in the front to be able to go to the second floor because obviously there's no stair to the second floor. So
normalizing the house with all new features and uh basically try to keep it improve the architecture and stay. So, we're not increasing the building footprint except by a very little bit. It's still well in uh
conformance. Lot coverage of 45% allowed and we're only at 30.6 with all the hard surfaces and everything. So, there's no change proposed for that. So, we're in keeping with the lot coverage also. And as I mentioned, we're only at about 31
ft and 35 ft is allowed. So, um, essentially we now have a, uh, a current contributing structure that we're is we're proposing will be consistent with other homes in the area. uh we're not
getting any closer to the street than the existing nonconformity and we feel that this will be consistent and uh in character with the neighborhood and will uh advance the uh land use uh ordinances of your uh town here. We feel that it
would be an asset to any other future homeowners and also to the neighborhood. Board members, any questions? Any questions from any member of the public? Close the public portion. Any comment from members of the public?
Seeing none, hearing none, close the public portion. Board members. This is like to me a no-brainer. Took the words out of my mouth. I second that. I would hope I have a more more projects like that.
There's there's no way you can go anywhere but up on this property and you're going to need a variance no matter what you do. And it's in keeping with the neighborhood. It doesn't interfere with any of the plans of the neighborhood, the outline of the neighborhood, the quality of life in the neighborhood, and I vote to approve it.
It's an existing non-conformance that's not changing. Right. Right. Right. So, can I have a motion, please? Motion to approve the application. Do I have a second? Second. David, Mr. Chairman, before you guys vote, just want to be clear. I think there was one condition. I'm not sure if
it's entirely applicable um from the permit denial. Um, we did request that you guys submit a uh or revise or submit a new site plan to depict the addition the size existing proposed setbacks and include a zoning table including lot coverage amounts
prepared by an engineer surveyor. Um, I don't I don't know if you guys submitted that or not, but I think that was requested by the engineering. Uh, I did the calculations. Okay. Do we need a surveyor? We're not changing anything. I didn't think we would need a surveyor's. Uh Joe, I hate to put you on the spot
again. I can I can read you from the letter. Let me just find it. Yeah, it was on the permit denial. Let me see if I can take my package.
I would expect that the package that's before our board is more comprehensive than what was delivered to the zoning officer. So, in particular, there is a Morgan survey. Mhm. that had original markup on it of the intended area
similar to what the architect's done here tonight with us. Um I think that and then the combination of your architectural package doing those calculations would would satisfy that. So so relevant at this point it's already they've already Yeah, I think it's already intended to have been
satisfied with the application as long as you're happy and it'll come across my desk. So if we need to supplement clarify that's a newer survey that was updated survey that the zoning officer saw initially that was an initial review and we got a formal survey. Um yeah so
that would satisfy that intent of that comment. Okay. Sorry to delay. I just wanted to make sure everybody has made a motion. Do we seconded by Ben Santiago? Roll call. Mr. Goldberg. Yes, Mr. Trafenberg. Yes,
Mr. Williams. Yes, Mr. Schustster. Yes, Mr. Benois. Yes, Mr. Kramer. Yes, Mr. Wood. Yes. So, move. Thank you very much. Best of luck. Thank you very much. Yeah, good luck. Yeah, it's very
convenient to have all the amenities that the uh township offers. We do. We love it. We just We love it. And we'll be watching as I go to and from the pool. Maybe spill the stables every once in a
while. So that's why when it's downwind. Yeah. You know the seat. Yeah. That would we would you need to keep that? We'd need to keep that. Yes. Yes. The two exhibits we'd have to mark and keep on trail. Thank you very much.
You're welcome. Thank you. Good night. the bikes. Any other business? Anything? Anything? Nothing. Then a motion to adjurnn. Motion. Second. All in favor? I
meeting adjourned.