I guess I'll welcome everybody to the uh Nelly's Zoning Board of Adjustment meeting for February 9th, 2026. And will the secretary please uh take roll call and attendance and announce the compliance with open public meetings act?
Robin Le >> here. >> Mark Kio. >> You know, I have a vague recollection of him not being available for tonight, but we'll just call him excused. >> Lorraine Casher >> here.
>> Patricia Dy. >> Patricia. >> Is she uh as a guest or what do you call that? waiting. >> Is she in the waiting room? >> This meeting is being recorded. >> How to stay blank? >> No.
>> Nobody. No, there's no. >> Okay. She's not here. >> Um, >> Avette Wallace >> here. >> Terresa Duva >> here. >> John Cafone >> here. Greg Tolby,
>> he's excused. >> Daniel Tolby, >> he's excused. >> Chairman Graciano >> here. >> Diana McGovern >> here. >> Pursuant to the requirement 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 Nutly Sun with a copy posted on the township of Nelly bulletin board first floor one Kennedy drive township township of Nley New Jersey with a copy sent to the Herald news net star ledger
and tap into Netley.net. A copy is filed in the office of the township clerk and copies are made available to all persons requesting same. All persons address 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 of the board's individual members must be must be 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 of the majority of the membership of the board shall determine that the interests
of the decorum and/or expeditious conduct of the board's business are being adversely affected by such dialogue. >> Well, thank you. >> Uh I guess we'll go in order here. Um, >> there's a first. >> Yeah. Approval of minutes of previous meetings next.
>> Okay. Approval of minutes. We have the minutes from January 12th, 2026 that were emailed to everybody. Uh, are there any additions, corrections, or changes to be suggested? None. If you if you could call for
approval of those minutes. We have approval of those minutes. Somebody want to make a motion. All in favor? >> I >> I bank. >> All right. Then we have one invoice. Hold on. >> And that's Mr. Marenzino's pay for being
our board secretary in the amount of $150. Have a motion approving that. >> So moved. All >> in favor? I. Okay. I then the next uh so we have that resolutions.
You're going to sneeze. How about you? >> Sorry. >> All right. Uh Dargy, 38 Hbert Street, um 3438 Hbert Street, block 6702, lot 10.
Uh, Michelon, 140 Spats Avenue, block 8502, lot 12. Hu Pangd Dong and Zoo Rang Tang 3 Union Avenue, block 9407, lot 12. Early, 380
Mount Vernon Street, block 8005, lot 26. We can have a motion approving those resolutions. >> All moved. >> All in favor? Hi. >> I >> Okay, that's it for my business.
>> Oh, there's no application scheduled. >> New business. We have our joint meeting coming up next week, the 18th. Um, these are my notes from over the course of the year of things we said, "Oh, we want to make sure we talk about
that at the joint meeting." And if there's something else that you all remember, please chime in. We had that case on Jorg Avenue with the two front doors. And the consensus at the time when the board was discussing it after the fact after you drove by was um we
don't like two front doors on a R1 zone house that it gives the appearance of being a two family and almost encourages a sneaky use on the inside. Um, so we would Is that still something that the board wants to mention to the planning board and the board of commissioners?
>> Sure. >> Okay. Then, um, I think we say it every year that we think impervious coverage should be reduced uh, from 70%. >> Do we know if they've addressed any of the stuff we said? >> Well,
it's a good question. Um, what I will do, and my problem is tomorrow I have to be in court and then I'll be going into the town hall. So hopefully I'll catch Dave and I'll ask him, um, look Dave, here was our list last year. What what do we get done? Because they're, we've said it before,
but they're not very good at keeping us up to date on things. They may not have passed any new land use regulations, at which point then that's why we don't know about them because they haven't passed any of them. Um, >> well, that was something else we asked them asked them to do, right?
>> Right. Send us any new >> redheaded stepchildren, >> right? >> Send new. So, maybe there haven't been any. I don't know. >> All right. Um, so also in the code now, Chunkophone, I know you're going to have
something to say about this because I I know that you think this rear rear fence consent stuff is um you is dumb or bad. >> Okay. But what our ordinance goes even it gets even worse. We had one where the rear fence
um didn't line up backyard to backyard. It straddled two backyards and they only got the they didn't get the consent. They would have needed consent from from two parties and and they only got it from one and it became very confusing.
>> So I I think that they really should be looking at that whole consent thing anyway. Um >> what does the board before we put out a consensus from the board in terms of policy? What do you all think in terms of what the chairman is going to
suggest, if anything? >> Well, the the the current code only calls for consent if you're going to put up a full privacy fence, >> right? >> It does doesn't apply if if it's a semi private. It's a full privacy fence. Um,
I can tell you from my experience in working with customers in Nutley that I have had on occasion a customer say to me that the person that owns the property next door doesn't live here and I asked him to it's a rental property
and I asked him to sign the consent form and he said sure for $500. >> I believe that. >> Oh my god. >> I believe that. Oh, so maybe we want to Frank, what do you think? Should we bring this up to the planning board that
this is like >> I think we should bring it up. I think >> I think we should bring it up and I think John should tell that story. >> Okay. >> All right. So, we'll bring it up and we'll just throw it out there for discussion is really it's just a lot of times this meeting um sheds light on
things that have just been in the code for so long that they've sort of outlived their usefulness or they've created things. Okay. We also spoke about and this just happened um the last month or so on uh Spatz Avenue
>> where we were particularly concerned with we there's several streets in town that are very steep steep slopes and some towns have special guidance uh when it comes to building because if you remember that spats property the deck on
one side was only like 6 in off the ground and on the other side it was a full like I don't know 4T or something with the it sloped. And I think uh Frank and Dan and a few others brought up the drainage um situation in terms of um
being careful with we I think the suggestion was that the planning board and with the in conjunction with the township engineer review special requirements perhaps if properties are um very steep where you have a steep
slope involved. You've got a few t few places in town where I can think of Witherspoon Street which is um you all of them come with very beautiful views of New York City. Um there's Lakeside Drive on the side by the park
by Kingsland Park. You know, there's that huge drop off down there. There's there's some um properties where there are some significant drop offs and at Crestwood is another one. Anyway, um that would be our suggestion. Is there anything else though along those lines
that the that you all are thinking about or are we just adding it to what we did last time? >> I think we're just adding >> Okay. All right. So, >> okay. We were talking about drainage
last time. We were talking about um >> the last time with respect to apartments and mixeduse buildings that there should be a space for garbage and recycling. >> Three, four years now. >> Yeah. >> This is what happens with us. Um >> uh the delivery parking and and blowing
and >> yeah loading zone for each multif family house. Um they still haven't tweaked the warehouse and truck terminal definition although they are settled on the prism case. Um curb cut with they haven't fixed that definition. Extension of time for
variances. They did they did put in the extension of time for variances. I think they they did enact that. >> That was that was a while ago. It wasn't >> right right. >> Right. um you asked them to look at the township lighting requirements because
the LED lighting um >> very bright in in terms of some of some of the signs around town. I don't know whether they did that or not. >> Um storm water management. Frank, you asked them you wanted to know when various
storm systems designed for 100 or 25year storms should be applicable. We don't know which standard, you know, why why shouldn't we have a standard across the board? Um, >> right now we're just going on the word of the engineers that they bring, >> right? Examine mandatory rodent might
mitigation. We asked them to do that. All right, let me find out from Dave what of these from last time that they actually did sort of um address. And when he tells me one, two, three, four, whatever, I'll let I'll let you know,
Frank. Um, and then we'll we'll add these new things that have come up over the year. the two front doors, the rear yard confir um restrictions that we might want to have in in place.
>> That's good. >> Okay. >> What night is our meeting again? >> Um it's Wednesday. The joint meeting is Wednesday, February 18th. So it's next week. It's a week from Wednesday. And then our next meeting is March 16th,
which so s I guess according to S is going to be at parks and wreck. Um, did everybody hear that before that? Um, we're not going to be in the town hall. We're going to be at parks and wreck, but I'm sure you'll get many more emails to that effect because of
the joint meeting is where it's always been in parks and wreck in that big room. But it sounds like our plan, our zoning board meeting is going to be in a different room on the second floor. I'm sure they'll have signs up >> and we'll get more detail. >> Okay, that's all I have.
>> Guess that's about it. I don't think there's any public comment since I don't see anybody anybody here. >> I guess all that's left then is is a motion to adjurnn. >> So moved. >> All in favor? Hi. >> Hi,
>> everybody. >> Okay, >> I guess we'll see whoever can make it. I guess we'll see you at the >> Wednesday. All righty. >> Wednesday. >> Everybody, everybody, thanks.