WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=GoEva8V4Upg

NOTE
MEETING SECTIONS:

Part 1 (Video ID: GoEva8V4Upg):
- 00:00:01: Meeting Commencement, Roll Call, and Public Meeting Notice
- 00:03:04: Contractor Storage Yard Denial Letter Reading
- 00:05:05: Attorney Explains Non-Conforming Use Request
- 00:07:25: Architect's Testimony on Historical Use Evidence
- 00:10:17: Questions to Applicant About Current Yard Operations
- 00:13:26: Board Questions Regarding Hazardous Materials and Usage
- 00:15:37: Concerns About Wood Storage and Fire Mitigation
- 00:19:21: Clarifying Equipment Storage, Leases, and Future Plans
- 00:23:11: Contract Purchaser Testimony Supporting Application
- 00:26:15: Wood Storage Specifics and Rodent Concerns Raised
- 00:29:06: Fire Department Inspection Suggested as a Condition
- 00:32:31: Public Comment: Neighbor Concerned About Idling Trucks
- 00:36:41: Motion to Approve: Contractor Storage Yard Application
- 00:39:54: Information For Public Audience
- 00:42:40: Denial Letter Reading: Addition with Setback Variance
- 00:44:45: Applicant Testimony: Limited Space for Necessary Improvements
- 00:46:53: Inquiries about Setbacks, Dimensions, and Existing Structure
- 00:52:41: HVAC System Location and Existing Siding Materials
- 00:54:11: Motion to Approve Addition: Undersized Lot, Footprint Unchanged
- 00:56:56: Denial Letter Reading: Gazebo Install with Setback Variance
- 00:59:16: Applicant Presentation: Gazebo Request, Lot Coverage
- 01:04:56: Defining Permanent Structure and Impervious Coverage
- 01:12:39: Neighbor Testimony:  Previous Variances, Height Concerns
- 01:16:04: Neighbor Testimony: Historical Issues, Current Concerns
- 01:19:59: Survey Review of Shed Dimensions and Property Line
- 01:24:19: Shed Installation Date and Surveyor Verification
- 01:31:00: Motion to Table: Need Building Inspector Clarification
- 01:33:57: Treasurer's Report and Meeting Minutes Approval
- 01:36:18: Approval of Resolutions List


Part: 1

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I can't see. >> Okay. >> Good evening and welcome to the May 1826 meeting. Please stand for the flag. United States nation.

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Secretary, please defendants and receive compliance with open public. >> Uh Robin Leaf >> here. Markio >> here. >> Lorine Castro excused. >> Patricia Dy

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>> here. Aette Wallace >> here. >> Teresa Duba excused. >> John Capone >> here. Greg Tolby >> here. >> Daniel Tolby >> here. >> Chairman Graziano >> here >> and Diane

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>> here. >> Pursuant to the requirements of section 13 of the open public meetings act. Notice of this meeting was included on the annual notice of regular meetings for the year 2026. It was advertised in the Nutley Sun with a copy posted on the

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Township of Nut with Wilton Board, first floor one Kennedy Drive, Township of Nutley, New Jersey with the copy sent to the Herald News. A copy is filed in the office of the township clerk and copies are made available to all persons requesting sale. All persons addressing

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the zoning board of adjustment regarding community concerns should approach the microphone and provide their name and address for the record unless further time is granted by the board. Each person shall limit their address to three minutes. All remarks to the board and its individual members must be

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addressed to the chairman. The chairman may defer citizen comments to the appropriate member of the board. Dialogue between citizens and others addressing the board shall be allowed unless the chairman or presiding officer or the majority of the membership of the board shall determine that the interests

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of the decorum and or the expeditious conduct of the board's business are being adversely affected by such dialogue. >> Thank you. I'll quote your address. Just let us know that you're here. 198 Park Avenue. >> Ready, Mr. Chairman.

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395 71 they didn't get their system here for some reason for 13. >> Okay, >> I have to step down. We have uh council coming in.

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>> Secretary, please read the letter of the >> regarding the contractor storage yard. Number one, consuing nonconforming use number two, block 6601. Dear Mr. Diazi and Mr. for the request

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for a permit at the above reference address to apply to the board of adjustment for a certificate of continued nonconforming use and or apply for a use variance to operate a contractor yard for the parking of commercial vehicles and storage of

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materials located in an R-3 zoning district as shown on the plans prepared by architect Salina David 2026 is denied for the following reasons. This property is located in an R-3 district as shown on the zoning map

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chapter. Excuse me. The code enforcement department has not issued any zoning permits for the proposed use of the property nor has any records to certify the use as a contractor storage yard. Chapter 700, section 700-7A of the code

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states, "No building shall hereafter be erected, and no existing building shall be moved, adhere to, added to, or enlarged, nor shall any land or buildings building be used, design, designed, or arranged to be used for any

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purpose other than is included among the uses listed in this article is permitted in the district through which such building or land is located." nor in any manner contrary to any of the requirements spec specified in this

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article. Chapter 700 article 5 section 700-13 of the codes not states lists the permits permitted uses and R-3 zoning district a contractor storage noted as permitted use

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for the record >> Mr. Chairman, are these microphones activated? >> No, I have to speak up. >> Okay, Mr. Chairman, the counc name is Thomas representing the applicant. Our two clients are contract purchasers under a

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contract to buy a construction yard. Both of them are contractors. They looked around for a location. I think all on our local knowledge it's amazing that there's one yard left and they found that at 198 Park Avenue but there

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are no records. The boy that last month I was here for the scar really and there were no records on the scarly from being four units instead of three. And you'll recall that we put testimony on showing that there was a forest unit structure

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from the getgo all the way back to like 1976. Well, we have documentation for this delegation to stand on maps which are historical maps that show the contra

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going back over 100 years. So what we're asking this board to do is to give us a certificate of continuence so that Mr. occur can issue a certificate of occupancy and then our two clients will pay title in the within the next 30

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days. We do have some documentation that we can remark in. We went back to the tax assessor's office and found records back to 1952 tax facility and Mr. Cordino did an over

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request with Jessica herself. By the way, she don't believe. Uh, and what came back in that was in 1963, it was actually a barren to put in a

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>> a boiler back in ' 63, >> but we don't have any resolution. We couldn't find a resolution. I think the stand will prove conclusively that this goes back years. So your journey may

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expert. >> Absolutely. Please testimony about the truth. All the truth to nothing but the truth. >> Thank you. Architect planner testify. wants to work on the course. Your

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license is still in good stand. >> All right, let's consider Mr. You did a lot of research on this and couple of things you came up with. You went to the tax assessor's office with postpone with Brown and you had

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records that go back to 1932. Is that correct sir? >> Yes. >> That's the only one. Next thing is that he went he pulled up sand. Correct. Yes. Can you explain what the sandborg map is?

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>> Sandler and other big maps for insurance purposes back the 1800s of properties. They did a very good job recording updates to everything that's ever been

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done to a property. Um a lot they use mass but uses that pretty accurate mass they have a history mass from that

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and looking at 198 Park Avenue map shows that this site has been used as a construction area and I said about 100 years am I accurate on that according to the map >> I was 20 years

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So now it's 120 years if you go back. >> Now Mr. Chairman, I know that in Mr. Mur's letter, he stated that we could pursue this aspect of continuing the nonformance or we could try to prove

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they use. Last month we just did the A part. We didn't go to the B part. Uh so I'll leave that up to you and the board members. But that concludes our presentation. Will your class testify? >> Okay.

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Construction for construction company. What kind of trucks are parked right now? >> Mostly landscaping and mostly landscaping. And then of course

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business oils and a gas pump. So there' be pickup trucks, there' be dump trucks, there' be some trailers, box trucks, box trucks, landscapers, dump truck, firewood. static

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on that property. >> There's currently firewood stored on this property. >> Was that there's currently firewood store on the property? >> Firewood all was stored there and fire and lumber was stored there since 1906 at least. What kind of work is done in

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the yard? really just a sort of the vehicles uh loading them loading of material from site mostly landscapers. So they bring the debris they grind it or

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s that's site for resale or they uh you know maybe they uh you know store the vehicles and maintain the vehicles there. They have a storage shed in there. some of the people in the building and Scott Key

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was added to that building back in 63 and hours of operation there >> just you know most of the trucks I mean I guess you know from what I explained a lot of the businesses go out in the

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morning back at night read the truck at night the next take their leave their home vehicles there and take trucks out businesses business they operate within the constraints of the noise orders.

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>> Yeah, we told our clients assuming this goes through when the closing takes place that they will have to follow the other questions from the board. Will you need to do any paving or just stay as it is? >> We're not We're not putting I'm saying

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this respectfully, we're not putting any money into the sun >> the way he is today. >> You did say you clean it up a little, you know, some debris that was left here. It it it looks like in construction if

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you were along the property I did some pictures and the good news is that most of the state >> Mr. Shannon I um so um the application is basically

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asking for uh continuence of the nonforming. Um, of the vehicles that are being stored on this property, are many of them being repaired, maintained,

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uh, taken apart, uh, essentially uh, performed um, having a use that's more than just storage for contract. >> We don't know what the current operator is doing, but we're not doing that.

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We will not be >> so so that will be that will be a condition of we need this as a construction. >> Uh my second question is there any uh currently any hazardous material or

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chemical chemical storage on the >> Excellent question. During due diligence, it surprised me a a environmental survey was done. This property is clean environmentally.

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How that happened, I have no idea. Report is voluminous and we don't have that issue. So, we're certainly not going to make that an environmental issue. >> I have a question on the environmental study. What stage did that? Was it a

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full stage environmental study? Stage one, phase one, phase two. >> They did a phase one. >> Phase one. >> They did a phase one >> and it goes back to 2025. >> As a matter of fact, his dad did not come back. My clients were walking away,

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>> right? Except that they didn't go for the stage touring. I'm sorry. >> Yes, Mr. Chairman. I also have a couple of other questions um in regard to the uh the wood storage and um it looks like

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the wood chip piles. Um can you give us an assessment of how large they are? And the reason why I'm asking that is because The location is very close to residential properties that I believe

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it's lots five, six, and seven. And the setback it's not on Z2, but it appears that they're very close to Daniel. >> Yes, that wood is located towards near

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pass. >> Yes. But most of this uh adjacent to railroad signing uh away from the fencing of the case was necessary to put a decision on them

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to not score the certain distance of the presidential site over >> um I also have a related question to that given the potential size of the widgets and wood piles. There is there is always

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the possibility of spontaneous combustion. And so is there any water source or fire mitigation that isn't about that property that if you were to have uh an

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issue that the fires would be >> there is storage shed back on there and uh so that connection there >> proposes orally contractors to reduce the amount

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storage here. I know that the motor cleaned out a little. So you probably reducing some of that. So any of those connections be uh able to accommodate any of the fire department

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or is it just simply um commercial residential shed? Not sure about the size. So I could find that out >> that that that is a concern because um

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uh as I was looking at this applic uh wouldn't be permitted under nothing ordinances and I was looking at the 55 55 gadget nine which talks about um storage

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of lumber and building materials at the wilder. So the wood chips and the lumber because that's also a concern with farming. >> So the lumber is there and let me ask he's not being sarcastic. He said the

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oldest have gone, but they're interested in the location and storage and we don't need so that >> I just want to clarify what we're doing here. You have people that are storing

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what makes various trunks and things on this existing property. Is that going to continue exactly the way it is or is the applicant going to remove all of these people and put his own construction vehicles in there >> in time? Because there are leases in

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place and we are taking subject to the leases. But as the leases mature, then our clients are planning on removing the tenant and taking that over. It's going to be a process. >> And how long are those leases in place for? The longest one that I recall the

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top of my head has about 18 months left. >> What type of equipment will the applicant be store once the property has cleared the whole existing construction the contract? So that that raises the

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question. you seek inform your students authority to the current use to go on or do you believe that will be applicable and their new use we're asking for the current use to continue because we're considering this

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and I believe Mr. has considered this to be construction area. Uh the construction areas are fluid. We're not going to run it way this for decades and decades

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an hour. What is there now? What can be expected to be there in the future? >> Less intensity. less than city and our clients taking

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over the rented locations. Tenants that are there now and their leases are up. We're not going to be renewing those leases as it stands now and will be able to

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site in this existing use basically transfer to the new use and have a significant amount of exist forever. >> That's that's our that is our own

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council. We're here in order to get that certificate approval by the board like we did with the the scour property so that Mr. can issue a certificate of occup.

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It's unfortunate there just no reference to this. No, >> but but we're using it now. Is it considered a construction use now? >> Yes. >> So, you're going to continue that use just a construction site later on?

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>> Yes. Were you saying construction vehicles back and excavators? >> I listed everything in the chart on the number of vehicles each. It's listed and there's nothing in terms

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of large construction. >> Well, but what I'm saying is later on I'm talking about when you continue the use construction company. I think that would really help a lot. You describe the testimony about to give the troop the whole about the troop.

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Yes. Would you give us your full name? Your last name. >> Frankie Jr. Last name G R O S I >> 71 Stanley Avenue. >> You hear you listen to the representation of Mr.

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Is that correct? Yes. You are a contract purchaser with your partner sitting here. Correct. >> And you are attempting to obtain a certificate of occupancy from David Bur. Is that correct? >> Correct. And you applied for a certificate of occupancy. Mr. Bur looked

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at his records could come up. If anything, sent us to this board. Is that correct? Correct. Okay. You were already contracted. Yes. >> Yes. >> And you are planning on using this site as a construction site, right? >> Correct. for your

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equipment. >> Yes, it's light duty controlling equipment. Just to answer your question, it is not industrial. We don't have giant machines industrial size equip strictly for like commercial residential home.

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>> The problem you had is that there aren't a lot of construction sites around. This may be one of the last that we know of to come. >> Last many times many times, correct? And as a result of that on our side, we had

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to make concessions to the seller. For example, we had to agree to assume leases that are already on the property. Is that correct? >> Correct. >> Right. And it is your desire and your

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vision that when the leases expire, rather than renewing with the tenant, you're going to be taking over. Is that correct, sir? All right. So, you're saying that you're a residential, more closely residential contractor. You don't do any

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heavy highway work? >> No, sir. >> No, you don't do your own excavations. >> We do very minor excavations. Um, we do have excavators on on the property currently application. Um, but they're not anything bigger today.

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>> All right. So, so you would say that when when leases expire and you take over solely, um do you think there'll be an increase, stay the same or less equipment on the property? >> There will be a decrease

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and the wood chips will be cleaned out. >> Yes. Just to clarify, I don't believe there is wood chips on the property. If there is, they will be removed. We are just asking for stack wood basically fire lumber that I don't believe is

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muscle if it's properly each pile there currently >> is probably no more than about 5 to 16 high if it is that cord of woods

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of wood a lot of lot of wood Um I mean remember it's for reset. So as fast as it goes in is as fast as it dump you by some places there's there's pile

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of bump that's there is already split. So the way I think the way it's uh the way my knowledge the way this goes is if the wood is split it's considered platform what is not split is not

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considered pl um I know that chips up there she's brought up a very good point about the um mul combustion So

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more concern that I'm wondering now is sure you're going to keep clean but um when you have chairman said my concern is rodents my concern is rodents

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so that's you have split wood you have a pile that Tensor on that condition again I didn't see the space there. >> What was the condition you were talking

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about there? Uh that may organ site photo 12 say something very respectfully if there were this celebration would just be You're not saying that respect. >> Yeah. No, I I

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know this. >> Can I ask one question? First of all, this is purely a question. How long has this operation been in existence? Relatively unchanged. All these issues seems to me put in the

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resolution saying as part of the seaw process issues whatever approvals are necessary for they're allowed to operate with use and I think that would be a reasonable condition to put in despite it simply being in the back look we're not the

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fire department we're not hell but Before your zoning officer issues his certificate of conformity, not conformity, fire, send them proof that this inspected area.

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Yeah, it affects us issued that's going to happen anyway but we're going to make sure it happens by simply saying it's a condition of the certificate of non performance should the board choose to issue. The only

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thing we would have to tell the department is that the way it looks today once we take over is not going to look tomorrow because we're getting rid of split wood. That's between you and the fire department. Yeah. not you know in other words if they say well you got

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to get rid of it before we should receive a vote then that's what you got to do but that's between you and the fire >> I have one more question regarding clean up the property that abandoned vehicles things like that are

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those going to be cleaned up because it's really not part of the construction but right now we have no records obvious Right. Like those abandoned I don't know if they're trucks or or >> it might improve the property. I think that would

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help the site. >> Those are all reasonable requests >> and I like council suggestion and I think that covers all the questions. >> Mr. Mr. Chairman, I do have one question

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in terms of the strategy you know that is it's pretty easy. So, um do you uh anticipate um because you're doing light residential construction? Will you be

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doing any workshop activities during the daytime? Uh, constructing cabinets, modifying uh, units, spare units, that sort of thing on the property. >> Excuse me. That's

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just a storage vehicle facilities. >> They expand this operation everywhere. Whether it means increasing the intensity use as the COO or building a building they got come

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back here for person. So this doesn't allow them to expand around allow same or less intense. That's all. Like I said, we've all most of us are in town a long long time. We do know this

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property. We know what it looks like and how it moves for years. Um I get what you're saying that you know we don't sell it continue but it's also a chance for us any questions from

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I don't know if anybody like you heard regarding this why don't you come on That's fine. Just very you full name. Spell your last name, please. >> My name is Patricia Constant. >> How do you spell your last name?

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>> K O N S T A N T A R O S. >> Okay. So, I've been living in my own 10 years and my bathroom window overlooks the yard or the the lumber garden the last 10 years I've watched that yard and

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my fence borders it and currently there's chop wood multiple stacks and over the years it's been damaged my um fence. Um I made a couple complaints to his department because I'm worried about uh idling trucks. Um the trucks would

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idle especially on the weekend Sunday morning. Um and the students beg to come home. Uh the officer said that they were allowed to start work 7 a.m. if there was any work time that they were so 7

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a.m. in the morning. Lately it's not been active so I'm not sure what's going on. It's been a little bit more quiet but um we've had role problems, stress. Um, my fence has been damaged and then uh the fumes spoke. So, I'm not sure

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what's going to come in the future, but if it could be paved, that would be great because there's wood is breaking down. So, there is uh wood that's rotting back there. I can

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see it. Um and there's some religious feelings and general concerns of violence. >> Well, it's been the testimony of the applicant that they plan on cleaning up and they plan on not

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renewing the leases of the people that that you seem to be venturing. Hopefully, >> and will their trucks be running on this property? >> I I would assume there'll be less running at some point. They're they're construction vehicles. They're gonna probably run a little, but they shouldn't be running all day. They

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should certainly be running very early on. >> Yeah. >> Yeah. My daughter's >> That sounds You say you spoken to the police if they're just I I think the police again control

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after three minutes of shut the car. So, um I guess Thank you. Anyone else? >> Tiff questions from the board. >> Can I have a motion, please?

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Mr. Motion to approve Americans for the continued nonconforming use at 198 Park Avenue block 660158. The reason I report before this board is there's no paper for stating

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that this is a unable but they have shown that there are maps stated that 120 years showing that this has been a construction yard for at least years. The purpose of this property is to store store vehicles

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mainly landscaping and your equipment and construction equipment. They they shown that there was a variance by more than three boiler about 200

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building. Um they will with the mission that they will agree to operate within the noise restricted ordinance. Um that they would not store uh that they're going to clean up the wood chips and not

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store split wood. Um it's going to continue the use that it already continuing as a light commercial construction surge and that they will not renew the leases. Um and that's it before the

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department of health and fire department will issue an inspection so they're safety >> before the certificate of >> just so they think the board then the neighbors >> right >> before there's a transition between you

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said you >> right concern and fire to remove >> for these reasons and any others that are council secretary. Yes. >> Okay. Sorry.

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>> Markio. >> Yes. >> Yes. >> Duba was our mayor. Jonathan, >> yes. >> Greg, >> yes. >> Daniel, >> yes. >> Chairman, >> yes.

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It's not worth it. probably any kind of story. How are you tonight? You never see a That's not obvious for people to see. I'm sorry.

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>> Depends on the meeting. >> Tonight's meeting is posted. >> It will be posted in the morning. Yes. You be able to reread it if you want to. Yeah. >> Okay.

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Um 395 W Street. You guys have >> alterations. Dear Mr. and Mrs. and request by permit that the above ground to install a new addition to the

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front and rear of the existing dwelling had a 3 foot or less sideyard set right by survey in dated January 19 2026 and

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plans by architect Javier dated July 31st 202 is disapproved for the following reason. This property is located in Northwest district

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700 section 76 require side alteration of addition to one story or two story provided that the same do not increase the existing lot coverage and or footprint of existing building outline.

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line will not apply to the extent that set side front and rear yard dimensions to meet requirements for side front and rear yard set schedule of regulations prior to July 25th 1987

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shall be no less than 80% of the required minimum set schedule of regulations the addition on the second floor at the front and rear are not See the footprint required stockyard set

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back in our dash zone is 6 ft 80% is 4.8 Republic and I would you give us your full name. Spell your last name. My name is Yellow and I along with my husband and two young children.

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Cheers. I'll spell your last name. Yellow. R I L L. request for these homes. We have two young children. The current layout size and the size of our home do

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not provide adequate space functionality of our household. Due to limitations of our unizforming lot, this is the only reasonable way for us to make the necessary improvements to our home. These additions would provide more flexibility to space and fulfill the

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disability that we hold allow our family to survey It's not sure most of the size. >> You may have heard is not

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>> they're not they're sealed. >> The lot is 37 and 12 ft by 100 ft. >> And the ver side, right? Google A1. Thank you. >> Okay. So, it is an undeized block

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37 and a half down to the letter of the The overhang is going to be over the side. Is that what I'm reading? >> So, we're just going to give the amount of home. We're just building it up by squaring it off right style. So we're just going to

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>> both ends on the side or is it going to be the same as it is now? >> It's going to be the same as >> So your existing 7x just give away the >> Yeah. Can I please? Okay. So here's See, here's what I'm

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seeing on your existing You've got 848 ft to the house. That's that's here. On the other side here, >> that's the left side. That's at the

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front. And then we can get to the back of the house. It says it was 60. But then I guess there's no there's no dimension here at the very back. It only shows six feet on the side. I don't know where he's getting his

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dimensions from. >> This application says six feet on each side. >> That's what I'm saying. >> No, this is it. 48 like this does the six48

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and then the 16 is not showing that's that's drawn in by somebody on the uh the drawings on the credit we had a 100 but they're being cited for being

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>> just 4.8 side >> and I don't see where it is. Listen to the back here. There's nothing showing me this dimension.

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But at the same time, >> yeah, the existing pictures are great, but we need we need to know that the size of the There's no overhead and I'm not going to approach any further. Our testimony is at the stop. There's no

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>> rendering on the parody. It looks like >> there is and it's not further out. >> Yeah. Even though there's a little discrepancy between the

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between the science or the survey and the survey that's on the floor. It seems like according to the drawings and according to the testimony that you're you're not increasing the size setbacks

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a little bit. Thank you. So it is your testimony that there is no change on the side parts. They'll stay the same as existing. >> That's correct. We're keeping the foundation but also just basically

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blowing out the whole top part on top of the >> right. You're going on the sides. No overhand into the front elevation straight. >> I don't know. There is a there is a a step

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>> in the rear. >> Yeah. >> I don't know where you guys don't see or it narrows down the side on the left side. >> Yeah. That's a 4.65.

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Yeah. >> What I'm saying is if it's the same, it's an undersized block. 12 ft short on the width. >> Does anybody else have any questions? Yes.

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>> Mr. Chairman, the only concerning changing to many of your HBAC and if you are target service because that will affect uh the location of

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where they need to go >> and each have one central in the backyard. Um, we're planning on doing it into a two zone and I believe the site is going to be that area.

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>> Well, that is going to have to be wherever the town is going to tell you, but it's probably going to go next. >> Well, it's going to have to have >> that'll be the condition.

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So, when you do the additional planing, um, you're not going to try to match it. You're going to do everything. That's correct. >> Okay. >> You just want to make sure that you're trying to match. Okay,

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other questions. Anyone in the audience would like to be with regard to this? Seeing none, can I have a motion, please? Mr. Chair, >> so small. I think there motion

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street uh The hearts of the baby lot is unsized. The foundation is not changed. They're not extending out the back. Everything's going to be going uh up. So, they're not

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changing the footprint of the house. The siding and the roofing will all match. Nothing's going to try to be match, you know, match or anything. >> Yeah. Oh, that's going to be a little bit

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in the backside. The other one else >> Wallace. >> John Kone. >> Yes. >> Greg Tolby. Yes, >> Daniel. >> Yes. >> Chairman Gra. >> Yes.

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>> You're welcome. It'll be at our next meeting. >> It'll be at our next meeting. >> I'll let you know. >> Very nice. >> Don't say that. >> I just appreciate the go. You need this light on your table.

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annoy people since our normal normal. >> All right. Um, next application is 371 W Street >> regarding the gazebo for 371 Walnut

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Street 170 dear Mr. permit the above reference press to install a 10 foot by 12t approximate 8 foot setback

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and will increase the total black power of the boarding a survey survey in dated August 20th 2025 is disapp This property chapter 700 article 1100

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67 an attached accessory structure or accessories shall considered to be part of the main building. Chapter 700 article 1100C to the main building. The existing deck

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is attached to the new building to the deck. Chapter 700 article 8700-46A of the post states the schedule of regulations requires the following beone require 35%

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probably 40% >> I need to the test name is P I R I L I am the owner the provider of the pre member of the Ning board

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um in time I preer um picture one in case it's going to be. So um I'm here today to discuss my request for missile

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and on size destruction will create only the minim of 5% increase in lot coverage and there are several practical reason why this parents make sense. Uh the lot is

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significantly under size 27.5 by 100. So it's 35 3750 square ft compared to

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uh because of the lot is so narrow set back and coverage full mathematically harder than this for the 50 or 60 wage is a direct result of this hardship on

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the side of 50 foot lows. is semig for well within the coverage in other words I'm being limited by math of an under block for president residential

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this man deviation actually support a more desire allowing for a structure instead of the private tent or an umbrella that often but narrow yards and can become that the

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other storm of you know wind and importantly this 5% increase is just on paper because uh there are no physical expansion of the footprint the propos the proposed location mean

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all the requirement for the seat back for the n ship because we have three feet on the back on the side and eight ft from the the So compment requirement the as you can

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see from the picture be located to part of property. So doesn't obstruct the the view the lights but the air of all the other neighbors as you can see from the picture we have fans on both sides.

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Um there are no new impreious coverage being created. The will sit on the preisting papers. The area is already paved. So whether the is there or not, the ground remain in previous.

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We're not adding any new surface that would affect the drainage or the runoff. The on the only change is adding a roof over an area is already improved the open space and bring it to the mission rem.

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It's not going to be closed completely open. So I can, you know, fix everything on all the side of the gazebo. The yard has no natural shade as you can see from the picture and I don't have any carrot because of the size of my logs. There

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are no trees in my property or on the addition. So the backard has not shared at all. Our deck is elevated and exposed. And while it's our main circulation and dining area, it doesn't provide protection from the sun during

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the summer. The gazebo place at the ground level on existing keep the yard open while much needed sh for the summer because the slot is too narrow for

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garage. The gazebo also provide a functional place to store out the door furniture during the summer and also during the winter. I have a um a sh but of course it's small and I over there

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you know all the tools with the potition the law um the of course safer more functional and more attractive than the temporary rails for example this is an air quality

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decided to complement the neighborhood it doesn't got any neighbor lights are air or view and unlike a fence or umbrella it's built to withstand local wind loads so it won't become hazard or an eyesore you provide a level of that

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shnot size conraints and then temporary structure set off um question for you on the end.

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This is not a permanent structure. >> It is. >> It is. >> That's what saying, right? >> No, it's it's going to be with >> permanent sharks. There's no footage made for this.

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>> I thought it was footage. built. >> No, >> it's just sitting on an existing existing. >> Yeah. >> My question, >> Mr. Chairman, is it's not a structure. There's no food. There's no concrete for it. This is a disabled room, let's say.

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>> And um >> I the office told me that I still have to get that. It was negative because the coverage of a lot with the with the D they told me they have different

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coverage one for the air. So that's why they said agree to them but he already has papers on cover but but what he's saying is they told him even though we had papers >> right

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>> they're adding more covers because of the roof. >> Right. Right. Because if you have behaviors, let's say you have death and your death is over the behaviors the water no matter what you still they still consider.

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So that's >> the code does and it comes out he's counting the papers as >> the and larger papers are considered seven. >> Yeah. The roof is an additional

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is he >> if it's in the same spot as something is >> makes no sense. >> No, I know. I know. And that's why he said it's accurate to your grand. Yes. They say okay that's permanent

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structure. This is not whatever the town's telling them. They are my racist. >> You know what I'm going to say? We have years ago the kitty pool that somebody objected to. There were neighbors that were fighting and the kitty pool put up

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and down. If the kitty pool was three feet from the side, it was it needed a balance. It had to be in the middle of the yard. even though it's temporary, if it's a improper structure, um, and it's it's a structure and it's

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located in the position to the pool or the den or whatever. In this case, they're considering the den and extension of the house. >> Yeah, that's what I'm saying. Yes, >> I got this. That's the only thing because this is not permanent, but Okay.

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>> But but we've seen it before. Maybe I don't know if you were on the board. I I just I won't say the name of the street, but I remember the neighbors coming. I don't know if you remember. There was a lot of screaming and yelling. The neighbors did not like each other. And it was if you set up something, it's got

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to be with the appropriate >> step. It says >> and children >> existing foot the garage which I think he meant to say the same foot back to the deck. So they need 10.

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They got eight. That's the way he calcul. Okay. >> The fact that it's not down about the problem with it being too close is the fire needs to come in or somebody needs, you know, you need that space, you've got to be immovable

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object. Mr. >> I haven't mentioned it, Mr. Maybe this is something we want to talk about at the right date. I mean, >> let me start my list for next >> counting the the roof as impervious and

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the papers as even though the water is running off the roof no longer running straight down already. The rules are running all the run down my mind.

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So the same amount of space in my But then we have >> so like I said in my opinion the water that's coming down is going to hit the roots off it. It's stopping him from hitting the page.

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The same amount of >> water, you know, us. >> I will hopefully the answer >> or we'll be bringing it up into >> Yes. >> All right. So, it's an undersized lot

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again in my opinion. water really when the water runs off your roof which is going to run off my driveway to your driveway and run after

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other questions. Anybody in the audience has questions? We have some people right here on the testimony about the truth. Give us your full name. there

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live on very different adjacent to so our concern with this is you know the property has had several variances a shed which I don't think is fitting from the property and I do see this as a

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permanent um structure because it has to be steady when I consider was the fact that We have the height of destruction. We have trees and shrubs on the other side and it's like depending on how big

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the structure is. finding construct light fans, storm water also that it does see 35% of the property and if it's too tall it's two days so high and I mean I understand that I can say

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like well if it's for safety people use umbrellas but for structure I I don't know how they use structure house doesn't structure any of the structures on the side of Steve and the other >> I would think it's probably

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>> the 11 is really close to the It's not able to he's not for that. He's not that you want to speak. >> Do you swear I'm about to give you the truth?

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>> Yes. >> C O L N O W S K I >> North. >> All right. So, yeah. So, I guess I concerned because like I looked it over his height. So I guess nothing put in these laws or varants you know you could

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go on the website for certain reasons. So one thing is turn his eyes we're on the top. So now you just going to look from the top and you can see a whole bunch of structures. It's like many New York City like so you know the shed that he put in in 2004 neighborly doesn't

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have the correct setback. So if you wrote an invest investigator there it's not very good set of property. when you put that in, it's supposed to be straight on the same foundation. It's not there. So again, neighborly began complaining, hey, it's not the end of

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the world being nice. But now there's going to be a second structure. There was the bearings for the debt before it at one point was like how many bearings, how many changes, how many exceptions. And again, we can talk about the storm

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water. Uh the sun rises from the back. If you see there's those screens there. Um there's going to be some and if you're looking from the top, you're just going to see a whole lot of >> Now where where are you located? Right next to >> right behind

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>> right behind you. The property's direct and this seems like it's backed up to your shed. Is that right? >> Oh, no. That's our neighbor. We're on the other side. >> You to the left? >> Yes. Where the >> Yes. Wait

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a minute. So that's your garage that I'm looking at here, right? No, that's our >> This is the neighbor. >> It was kind of ironing too that we had a massive tree before he even moved in.

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It covered like like four properties and the people behind where it came off of. They were complaining about the tree because it was too much shade. were scared like it was you probably we roofed it no problem and all our neighbors adjacent four lots and we look

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at that right and uh we had actually the inspector come like the tree inspector from town and he says hey it's good it can stay there forever but being neighborly we took that down we took the cost all ourselves and it's kind of ironic now we complain about sun when we

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took a tree that covered four pots but I guess that's Can I speak was before that I moved in my house on my property. Uh I don't think it does pending on each side of the property since my is going to be on

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the wall as you can see from the picture. Uh I'm quite neighborly because they discharging water on my properties one year and they never excuse me that has nothing to do with you or not.

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According to this drawing, his shed is 3 ft of the property. And I don't know how tall your shed is because that changes things as well. But he's not supposed to be the most you can build is 14 ft. Is that correct?

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>> What the shed or shed or any unstructured >> shed is 8 ft? >> No, I'm not talking about a shed. I'm just talking about any structure like shed. If the >> if you build like you could just go to 14 ft. That's the whole nothing like

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this. >> Yes. Wait a minute. If the shed is four, >> right, >> I mean you could put in the condition official must inspect placement of the shed.

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Well, well, in the sense that if this neighbor is negatively affected because things being too close to their property and they're not complaining about this because this needs a barrier also being the distance from the deck.

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It it does make >> Yeah, you should be making a separate complaint about this. But if the the board is concerned that these things are too close together, you can ask for a check >> on the >> on the shed.

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>> And if you look at the survey or the survey or go to the sheds, I think that's where the sheds is not there. Can you go in person? You look at the survey survey that's not the administration. Thank you. I'm sorry. Why are you

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talking about this thing? We have no other reason in my property. >> No. >> So why would you bring it out? >> Because because it's got something to do with your

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impurities coverage and where things are going in your yard. A lot of stuff in your yard. So we need to look at everything. >> We need to look at everything. That's what we need to do. Okay. So in order for us to make a decision for your property, we need to look at the whole the whole problem.

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>> The connections of the shed on your survey. >> Yes. >> Okay. What are the dimensions shown on the survey? >> 8 by 11, I believe. >> Okay. I'm looking at the survey. Does that say 8 by 11?

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>> It shows a smaller shed. It's directly >> is there I can't see a picture of a but >> what sh is it it's biomesided shed the the

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from the building indicates that the shed is number five and still and if it's 8 ft high that shed would have to be 4 and according to the according to the

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survey And it's pretty if it would be easy if the inspector came together. They were trying to be neighborly but then you go like it's a domino effect. So maybe you said hey and it just doesn't look nice

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around the uh blockage. But also if someone just came cuz he just got the survey they put the four corner points. So it's not our survey. This survey of the four corner points which was done last year it's clear as day that you can say yes

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of the neighbor. >> Well Mr. Mr. Chairman, I say something. I understand that the violation is only the distance from debt and we earlier discussed that this was a permanent structure or not. You could go

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by put it on a concrete slab. There's no right to the ground or anything that's permanent instruction. So now we have a a structure that doesn't have size but it does have a roof and it's 10 by 12 or whatever it is and it's

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in my opinion if it had sides we'd be talking about that it has to be so many people. So I don't see I don't see difference. because he can call her against the sack and check I mean I think the complaints are are

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legitimate being incited or impervious for coverage and I think you're raising the question that has shown accurate talk about me if Your testimony here

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tonight is that you believe that the shed that currently exists there is larger than what is depicted on the surface >> and it's that probably the day measure but it's definitely on the property line. It doesn't have the three foot setback. >> What I'm hearing from the board members

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is they're less inclined to start um talking about violations but it is directly relevant to what they're deciding as to the calculation of her visa coverage. So can we say that we have to table this until there?

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>> You you could ask for a specific dimension of the >> sh I think that's that's direction. What do you the shed what you what you stoing that shed right now? You have storage? >> Yeah.

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When did you install the shed? >> Two years ago. >> Well, was it when the survey was done? >> Was it the same? Was it the same shed that >> I made a new survey in order to install

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the because my old survey was too old. So that's why we prepare a new survey. It only crystall so >> a surveyor went to your yard and and calculated all of these things.

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>> Yes. >> And so this the shed that's there is the shed that's sh >> that's >> Yeah. you the what's depicted on the sermon by a assigned assigned professional land surveyor went to the

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site and dated this August 20th 2025 and your testimony is the shed that sits there now that you're complaining about is the same shed that that's different >> the only difference it would make is

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that The shed may need to be moved over a foot both sides. >> It's not a big deal. >> Doesn't change the coverage of the >> impervious. So if you told me I will not

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change the satisf What are you planning on doing? >> What are you going to do? know the summer pools,

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you know, storage outside doesn't necessarily How >> do you think it's one of the

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answer from the John brings up a good point is not >> but the only thing that would change and I don't know if it's visible I have a picture from the back where there's a pit and you'll see from the pin like I

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know you argue and 100% that's a license survey >> but with the picture you'll see that's the license survey they put the pin in you're going to see that is on the property line of the survey pins so it's kind of like misc where I could just sat

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on a line but you just say yes they put a survey here but you look at that big >> let me ask you a question >> did you move the sh the survey was done okay >> because according to the survey survey

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his license I don't think he I don't know if I could. >> No, no, it has to be >> I know there is no from this side because was objected to something from this side. So it draws something but

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it's not >> the issues that the application on that >> and then the second issue is the proximity of the disable to the deck not to your yard but to debt. Um because

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under the code you're supposed to have 10 ft from structure from the end of the house the deck because the end of the house to any permit any structure such as a shed or in this case any two feet. Those are the only two

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issues that the boards decide. Can we clarification from the building inspector on the region? >> Sure. >> We can make a decision. >> In other words, you're thinking you might not even need the variance for that.

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>> Possible. >> Yeah. >> I want to know why why it's like that. >> I will ask for clarification. >> And then we can put this >> and what we'll do is um I'll ask

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U I'll ask that the uh vote official leave it to us in writing and I think everything is posted on the website the applications and that post on the website um in anticipation of the next meeting. So this is it the board's

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information to carry it or I don't know that you have agreement. >> I'm sorry I have one more question. So for the question I have to suggest that we get clarification from Mr. the code official and I have to write it on

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the website so neighbors can see as to why he is it appears and maybe we're wrong but it appears that he's using an extra calculation for coverage for the gazbo which is already on top of

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supposed to be on top of imperous coverage. If the board wants clarification of that, we can carry it. If the board members as you sit here are comfortable enough with the facts that you have and you want to move into a vote, then please let Mr. Chairman know

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that. So, it's it's a you know, >> what is the board? >> I'd like to do is we'll need a motion to move this to the next meeting. You would go so we get a clarification on permanent structure versus structure to go out and

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inspect instead of just the survey. So we have all the facts to confirm that the exact >> Yeah. Inspect the shed. And what he did

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>> she wasn't agenda again. June 15. Okay. So let me explain to what you

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would like clarification about these it may result in you less variances may result we'll get a written opinion from the county official will be on the website it's going to be motion to June 15 no

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further notice is necessary you don't have to do anything else in the newspaper you don't have to go by anybody in the neighborhood But is this your only notice that you're going to get to be back here for here for the foreseeable future than it is before

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saying we have a picture again? >> Yeah. >> So we will see you guys next 15th of June. And so we'll have one of All right.

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>> All right. Everybody >> everybody. >> So now you're going to expect my so because he's not forced. He's not there's something down. Okay,

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>> let's go through. >> We have Miss Jeff here as our board tonight. >> We can approve her $50.

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>> All in favor? >> Thank you. It is from April 13, 2026. Does anybody have any changes, deletions, additions to the correction? >> Okay. Is there a motion to approve two

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minutes? All in favor signed. Okay. Resolutions. We have board members who voted at the last meeting or Mr. Graiano

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if that and Patricia are eligible. Oh, Mr. Kio is sign. Mrs. Everybody to the right of me did signs. I think I got a legato 24venue3

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block 72 block 410 block one Stanley Avenue block 514 block >> Rudy Silva 55 Highfield Lane

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3802 L Street and Michael Mascara 165 Franklin Avenue block 7604 lot 25. I can have a motion approving all those resolutions as written. All

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>> sign everybody sign to favor.

