You're also independently wealthy. So >> that was in compliance with the open meeting public open public meetings law. Notification of this meeting has been sent to our official newspapers and other publications circulated in the Burough Volipan and notice has been
posted on the Bolton board at Burough Hall. Please note all meetings are videotaped and posted on the website. Fire exits are located at the main entrance to the council chambers and in the rear of the council chambers. We'll do a roll call.
>> Oh, we got to salute the flag. Right, Larry, please stand flag. Sorry. I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God, indivisible with liberty and
justice for all. Mr. >> Here >> John >> here >> here >> Mr. Spafa Mr. Dean >> here >> Mr. Xarian >> Mr. Kramer
>> here >> Mr. Valley. >> Okay. Can somebody make a motion to open the meeting to the public for >> second agenda items? >> Anybody from the public have any non-aggenda items to discuss? Seeing none.
>> Motion close. Second. >> All in favor? >> I. >> Environmental commissioner report. Not here. Okay. >> Thank you. >> Council liaison report. That's you. Uh,
I'll spare you all the report tonight. Not much is going on. We don't have a meeting until next Monday. >> Okay. >> Not next Monday, the following Monday. >> So, uh, we're on a bit of a hiatus at the moment. >> Okay. Uh, everybody received a construction official report. It was emailed to
everybody. Uh, burrow engineer report. >> No new report, Mr. Chairman. >> Wow. I'm trying to break a record today. >> Financial secretary report. Mickey's not here, but is the trusted backup here.
>> Uh, let's see. Total budget $2,143. Total escrow $39. Total total $2,182. Respectfully submitted former secretary. >> Motion to approve. >> Anybody second that?
>> All in favor? >> I. Very good. >> Okay. Um, do we have meeting R? No. Okay. No minutes. Any new business? Does anybody have anything new that they want to talk about
on old business? I do have just a question for John Zbo. Any update on housing and the and the re-examination? >> The housing uh element, as the board knows, has been adopted and submitted in a timely manner to the state. So, we're just waiting for the >> September 1st is the big day.
>> Yes, the big day to see if we withstand any challenges. Uh, now that that's adopted, I can now tie everything into the re-exam >> uh with a land use element amendment to make everything consistent and I hope to have that present in a draft form to the
board in August. Okay. At >> the next meeting. >> I'm just writing that down. So, pardon the pause. Okay. Uh, I don't see any communications unless I'm missing any. Nope. Great.
Resolutions and ordinances. None. Applications. So, 8 Spring Court is postponed. Uh, they didn't properly notice, so they're going to come back hopefully in August. So, the next one is 36 Birwood Road. >> Gend notices are in order on this one.
and the board has jurisdiction. I'm going to swear in the applicant and as well as the board burrow engineer and burough planning gently swear or affirm that this testimony will give his pristine shel planner and burrow engineer business.
Sir, will you have your full name please? >> Yes. My name is Mark Shorhokian. Last name is S H N O R H O K I A N as a Nancy. >> You are the >> Sorry, you are the court.
>> Yes. >> All righty. Present. >> Um I'm sorry. I don't know how this goes. >> No, that's okay. No, no, feel free. >> I don't see any professionals, so you're not going to have a lawyer or an architect or an engineer. I'm trying to get through this on my own. So, I'm a little nervous, so I apologize if I make
some mistakes. >> No, no, that's okay. We'll we'll guide you along the way. >> So, uh, as you seen the applications, we're we're want to build a deck. We just did a big renovation on our house. Uh, Mr. Scrabble is aware of it. He was the engineer for the town, obviously. Um, so we want like to build a small
deck behind our kitchen and the setback for our home is 40 ft in the rear yard for the zoning of the town. And uh as you see on the survey, I sent a I gave a copy of the survey, a blown up version and a regular larger version. Uh our home right now is 49.71 ft to the line.
So we would like to build um a deck. That's what you're talking about. >> Yes. All righty. Keep going. >> So uh right now we're at 4971 ft from the from the rear setback. Uh so if we take away the 14T we would be at 35.71 ft. Therefore we're requesting a
variance of 4.29 ft. Um I do have a copy of the denial letter also uh from Mr. Rush when I initially applied for the building permit. I didn't realize we would be off that little. Um so I've sent notices out to the 16 neighbors. I sent notices out to the eight utilities
and we published it in the paper which I have a copy and should be a copy in your packet as well. have the uh proof of publication. Okay, we're good. >> Um, and that's it. I don't know what else I have to present. >> Did any of your neighbors contact you
about the application? >> My neighbor across the street did. She said she would come support me if I needed her to come. I said I think I'm okay, but thank you. >> Yeah. Generally, if people are opposed to it, they'll show up. >> Right. Right. We So, the next thing is
that we're going to go through the board. We're going to ask questions of you. Um, so just uh take your time in answering them. Sure. Start with our burrow engineer who you've already met obviously and been working with. So Tom, >> just a couple things and the first one
actually was not in the memorandum or email that I sent. Um, the dimensions that are shown are not perpendicular to the property line. The dimensions are, but the structure would not be. So that 35.71
is probably not exactly 35.71. So is is there a way that the board could move this application without that exact number? How how close to to 35? >> Well, I mean I guess you're looking at probably it's 10° off of
>> worst case scenario for the >> I would say it could be almost a foot. So you're saying the potential is that it could be 34.71 >> or a 5 >> and well >> actually the way the deck is oriented
that number might even be larger. But my biggest concern is if you look at the survey where that 49.71 is measured. >> Yeah. >> It's not at the point of the house that's >> closest. It's kind of at a random spot in the back of that addition
which is again not parallel to the property line. So I don't know how they came up with that location. So the survey is from 2013. I guess my question is was this sketched over just to show the deck? >> That's what I did. Yes. But for the
construction project we just did at our home. This was the survey that was used right on the front page of the architectural plans. So, this was the recent copy that I have from and that Mr. Rush was aware of because this is what was for our construction plan. We just uh we're just finishing it up now.
>> So, your architect when he filed used this as his survey. He didn't go out and hire a surveyor. >> Um and the Did you do an addition? Because it says on one part says new one and a half story and then on other part says new two and a half story.
>> Yes, we did a small addition in the back there. um >> one or two two additions because it's a little unclear from the sketch. >> Uh we we and if you're looking at the the blownup survey where it says new story, that area is just a mudroom. That's just one story. And then the other area next to it um is is a is a
bedroom that goes out. That's one story. The new story is above the kitchen, right in front of where the deck would go. We just built a bedroom on top of the existing kitchen. So there's so there's only we only went up right in front of where the deck would be. That's the only part that's two stories.
>> That's the only addition. >> Well, for the for the addition. Yeah. His edition. >> Yes. >> You're um Do you mind pointing to it on yours? It's definitely not clear. >> Um so right here where I skate where I put the picture of the deck. >> Yeah. >> Right there where it says new two and a
half story. That's where we added >> that's where you did the second story. >> Right. This part here is solely a bedroom and a mudroom. That's only one story there. >> Okay. And that's where the And that's where the deck is going to go over? >> No, the deck is going to go right by the kitchen. Right where it says new two and
a half story. I you should you should have a page that's got it highlighted highlighted out. >> All I have is that >> you should have a second copy, sir. I gave I apologize. >> This one right here. >> Oh, okay.
>> I apologize if you don't have it. >> We'll need the bigger one like this. >> The blown up one. Yeah. >> Yeah, that's a blown up one. You didn't get it, I guess. >> I got you, sir. >> That's fine. You can have mine cuz you're the chairman information. >> And Mr. Chairman. >> Yes, sir. >> Uh Jennifer just brought to my attention
that the current renovations are not fully complete yet. >> Yeah, I believe he was going to contact you to the CEO this week. He said that's the final inspection. >> So, there will be a final survey that's required um as part of that process. So, the
number could be confirmed then. do that as a condition of any approval. >> And I would say if you were going to approve this, you approve it down to 35 ft. >> Okay. >> And which will be confirmed by the final survey. >> That'll be a rear yard 35 ft or 5 foot
barrier. >> Correct. >> 5.29. I just call it 5 foot or round round for the applicant's benefit. >> And then just one more comment and that had to do with um soil movement and storm water management. Um even though
this is a a deck which is really a pvious surface um it's considered impervious in the burough's code and any increase in imperous surface greater than 150 ft requires storm water management. Um so in this
case they would technically technically have to somehow collect the water that falls through the deck and pipe it to a seepage pit or similar device. Um not really practical. I think it's something in the code that we should look at. Um,
understand why that hasn't been a priority because it's it doesn't it works in the burough's favor in general as considering a deck impervious surface, but maybe we could carve it out from stormwater management requirements possibly. >> What do other towns do? it's mixed because what happens in a lot
of cases is it's initially a wood deck and then gravel gets put underneath it so that weeds don't grow something like that which over time becomes essentially an impervious surface. So there are logical reasons why it would be
considered impervious. Um what I suggested tonight was that the applicant testify to what the surface was going to be underneath. Um, and as we did with >> impervious would be okay. >> Again, it's still technically the deck itself is considered impervious, but we
could wave the storm water management requirement under the soil movement application, which is something this board has done recently on another different application. >> What would be the process of that? If we approve this, it would just be part of the the um
>> just included in the resolution. >> Resolution. >> Yeah. because the way the soil movement ordinance is written, if there's a gray area, if there's something I'm not comfortable with, I would refer to this board anyway. So rather than have the applicant come back for just that aspect
of an application, I think the board could do it all tonight. >> We can approve the soil movement >> and wave the stormwater management requirement at the same time. Okay. Tom, are you would you be thinking uh to advise the board that we should uh
repeal that provision of our uh of our uh >> we have to make a recommendation the governing body. >> Oh, we do. >> Yeah. We can't do that. >> And there's there's two aspects to it. There's the zoning aspect, the lot coverage aspect, and there's the storm water management aspect, which only
comes into play once you get to soil movement or soil disturbance review. So, I think the issue is not with coverage. It's with requiring people to put in a $10,000 seage bit for a deck. >> Silly crazy.
>> So, I think it's exponentially more than a deck. >> It's the soil movement ordinance that should be modified. >> Be as fair as we can to the residents of the town. Um, at one time we may all go through that. >> So, what what process should we go through? Is this something that you would have to write up? Well, we can
deal with it. I think in >> I think you just put it in the resolution. I'm not thinking long term. >> Oh, in the future. Yeah. I can give you a pretty simple memo how to modify the soil disturbance permit application process. You could recommend that to the mayor and council. >> If you could do that, maybe we can try
and take care of that in the next month. >> Sure. If I can just ask the applicant underneath the deck and it's going to be purged. It's going to be jerk, right? >> Absolutely. You're not going to have any until we put that put a resolution that's perfect. >> Okay, Tom. So, did we cover everything in your email?
>> Yes. Thank you. >> Thank you. All right. Um, Mr. J. >> Yes. Um, I did a review of the application. I believe you got a copy of the report. Uh, the application, it's handdrawn. We generally don't
accept those. Uh, but it is a small 300 foot deck. My only concern was the accuracy of the variance that was being requested. I think that's been addressed um just now with with the idea that there's going to be an updated survey. The only other concern I have and this could be a condition as well if the
board is inclined to grant the variance is that there be a confirmation that there no there are no other variances required in terms of coverage. Uh you know we don't have a zoning >> I don't have a zoning table and I didn't have an accurate survey so I wasn't going to measure it. Um, so that if
there >> no other non-conforming conditions, >> correct? And the applicant's running the risk if you do approve it tonight if you're inclined to having to come back if the building inspector discovers that the impervious is over. I doubt it, but I want to cover the board >> or any other conditions that have to
come back and seek a variance. >> I just want to cover the board and they add that to the resolution. >> Yeah. >> Yeah, that was that was my only concern. >> That's why it's important to have a zoning table. Really, it helps me a lot. >> Yeah. any for scale at scale plan driven by professional measure
>> as a precedent. Have we done this before where we didn't have a zoning table? >> I think so, but rarely usually we do have a zoning table. The architect puts it on the plan or the >> requirement of so then why don't we just make it a condition that has to be provided.
>> Okay. >> And you may have to speak to your architect to provide us that. >> Mr. Chairman, I was going to suggest if there's an open permit and an architectural plan, it should be there. >> It should already be there. All you need to do is modify probably the top sheet that identifies your property >> has a zoning table on it because I'm
sure the building official would require that. >> There was a zoning plan of some sort uh on on the top might be on the plan for the addition, >> right? You all you need to do is have your architect update that to show the deck and >> update what you did for the approval. It
was all as of plan, >> right? your your your addition was as of right. >> So So basically just act like have her just draw it in the >> architect will know what to do with it. >> Yeah. >> Update the zoning table. >> Update the zoning table to incorporate the deck and then submit that to Jennifer.
>> Okay. And they should include >> any steps from the deck. >> Try to get that as soon as possible because I want to try to get this resolution done for the August meeting. >> I don't want to hold >> I'll work on it tomorrow. >> You want to get you want to get in the ground before bad weather. Just so you
just so you are aware because I I ran building departments and zoning departments before. Residents are permitted to draw their own construction drawings provided they're doing the work. The liability is on you. If you're hiring a contractor, you need a certified plan because now
the liability is on them to follow the code. So I don't know how you're doing the deck, but that's something you'll discuss with the construction official. >> Understood. Thank you for the information. >> John, anything else? No, sir. Tom, >> uh, what is your elevation of your deck
off the ground? >> Uh, it's going to be, um, approximately 6 ft off the ground. >> 6 ft off the ground. >> Yes. >> All right. Um, you're basically on top of the crest of the hill. And with that elevation, you're kind of looking into
your neighbors to the west. You're kind of looking over their yard. Do you have any plans for any type of landscaping to to block that? any type of trees or shrubs or anything? >> Uh, well, >> where the deck would sit, most of it would be covered by the house, the
bumpout you see in the survey >> on the very edge of it, >> with all due respect, I mean, when I'm in my when I'm in my backyard, we can see there anyhow, but right now there's plenty of shrubbery during the summertime that I cannot see there. They have a pool back there. When it's
winter, it's thin. Yes, I can see there. Uh, we are planning to do some landscaping back there. We're going to be putting some some some rock more bushes and stuff like that to give us more privacy. So, we are going to finish that area up. If you passed by now, it's still a disaster in my backyard cuz we're waiting for this to happen. >> Okay.
>> And the the drawing that they submitted is essentially 30 scale. It's it's 30.1 ft per inch or something like that. So, the dimension that was drawn is actually larger than the 14 by 20 deck. >> Okay. >> That's why the setback works. Yeah.
>> Um, so if you actually draw 14t from the back of the house out, most of it is covered by the existing addition. >> Okay. >> A little less than half of it sticks out. >> Okay. >> Anything else? >> Tom and Tom.
>> I'm good. Thank you. >> Um, you've clarified most of my questions because I was very unclear on everything when I when I read the application, but I do have one question for you. Uh and and it's still because of the lack of clarity. Thank you, by the way. Um why why wasn't the deck put
here? Is that not possible to do that? >> You would have avoided having any kind of a variance and then you wouldn't have had to come before us. >> Um so we that's where our old deck was. We had a deck there before. Okay. >> Uh but the way that the top topography of the land is uh behind that area
you're looking at, it kind of dips down into a little area. And on the bigger survey, you'll see there's a water easement on the west side of the property. So, we really didn't have space to go do a deck unless we want to build go down into the gully and really build like big posts, which we really didn't want to get involved with. And
honestly, to be fair, we never use our deck. We just wanted something where I can go outside and grill. So, I wanted something small off the kitchen. >> Um, you know, be be So, I just want that's that's the reason why um it wouldn't work in that area. It was going to be by the mudroom >> to be honest. So, it didn't make sense
there. It just made sense off the kitchen. >> So, you're either you've either removed or you're going to remove the old deck. >> The old deck has been removed. >> It's all removed. Okay. >> Okay. That's it for me. Thank you. >> Okay. So, I guess my only question is is
that if 6 ft off the ground requires stairs to come down from there, are those stairs part of this drawing? And Tom, does that increase in curvous coverage? It would be added to the coverage. I'm assuming they'll be able to come out the side of the deck. So, it
won't affect the setback. >> So, so the stairs, if there are stairs, would go >> like Yeah. They wouldn't be going further to the backyard. >> To the east. >> Further, they'd go toward the east. >> It would be to the to the west side where my garage is. So, we'd be able to
walk from the garage straight to the to the deck. >> Okay. And I think that um if you're going to have your architect draw it, they would draw the deck and the stairs that would become >> it's part of the drawing, >> right? But it's not part of this rectangle. Right. >> Right. >> No, it's that's not there. It would it
would literally be where the number six is, that's where the stairs would be going down. Where it says 6' 10 and a half, that's where the stairs would be. >> Yeah. Towards where it says the number eight. Yeah. Okay. Good. 158 be replaced by stairs. Mhm.
Mr. Accountant. Okay. >> He's good with numbers though. >> Letters and you know >> make anything else? >> Nope. >> Mr. Losi, >> I just have a statement. Um the good news is I came up with mathematically
3 foot 10 uh is the difference in the setback. Um >> okay. >> Depends. It's 10° or 11 degrees whatever you know. Doing the math with numbers. >> Would you do VM or something? Yeah. >> Yeah.
>> So, give or take. So, we're we're I I think we're good. >> Just get the drawing. We'll be good. I I'm good. >> Appreciate that. >> Councilman Boyce, >> everybody on the board asked all my questions all the way down. There's only one question I have actually for Tom
Scrabble and that is if there are liters that come down from a roof that are uncollected and we're proposing a deck that exceeds the 150 square ft, could he swap collecting that storm water for the impossibility of collecting? >> You could, but you still have to build
the seepage pit, >> right? >> Which is the expense. >> I understand that. But you could swap the area. If there's a current area on site that's impervious that is freely running off site, not being collected in any way, you could collect that rather
than the new 300 square foot for the deck and stairs or whatever that number is. >> And you could do a very modest little collection system or a rain garden like the New Jersey DP like likes now. Yes, a very small. >> Would it be for the difference or the
entire 300 foot deck or would it be >> like half of that much because it's 150 square ft that were required? >> No, it would be the full new impervious area and the entire deck would be considered new impervious area. So, it would be the full 300 ft. >> Okay.
>> And a 2 inch rainfall. So, I mean it might only be a 500gallon pet which would be I don't know $67,000 something like that. Could he dump it into his neighbor's pool since his neighbor's not here to complain about?
>> Sure. >> I have no further questions. >> Thanks, Vicken. >> I don't have a question. Just uh just the observation in denial of application. It looks like the deck was 12 by 20. >> Yes. >> Now it's 14 by 20.
>> Well, since I had to go through this process, I said, "Let's go two feet longer, wider." >> Just want to make sure. Yeah. >> You're the one who caught it. Good job. >> Okay. >> Armenian fellow. That's why. >> Okay. Thank you. >> Comments. >> You good? >> No.
>> Mike, no questions. I think everyone's been asking good questions. I'm good. >> Mr. Kramer, >> I'm good. >> All righty. Um, any closing com? We We have to open it up to the public first. We should >> Anyone make a recommendation to open
this up to the public? >> Motion. >> Second. >> All in favor? Seeing none, >> motion to close. >> Secretary Zabbo has a comment. Mr. Chairman, Mr. >> Chairman, just some observations from the application, what's been discussed. I would point out to the board that the
property is a corner lot, which is problematic right off the bat because it lacks area for a rear yard, a true rear yard. It really has two sideyards. So, that's that that creates an issue. And the burrow ordinance does not make >> provision for corner lots that allows for this. But I know some ordinances
that I've written that it does. uh we could have that discussion time. >> So that that creates a hardship I think in my opinion in terms of the of the uh what we're looking at. I would also point out that the um property is not perfectly shaped and that the it it is
an oddshaped lot and that the the residence is angled towards Birchwood Road such that the rear yard setback varies. I would s suggest to the board that the majority of this uh deck would probably comply if this was done if it
was a conventional lot. Um but I think the lot configuration also creates an issue for the applicant >> and even if the home >> regular configuration >> if the home were closer to country square road there'd be more room. >> Exactly. So the so the third prong of
the C1 talks about existing structures that could create a hardship. Um, and then of course the configuration a lot. And then the applicant mentioned topography where this would be probably the best location for this, not just because it's proximity to the kitchen, but also because if you shifted the deck
to where the existing deck is, it creates more disturbance because of the grades. >> Mhm. >> So that could be a C2 >> benefit of of desirable visual environment. >> Some some observations. >> Appreciate appreciate the insight.
All righty. Do you have any closing comments? >> Uh, no comments. I just want to thank the board for the time and reviewing this and um being fair about it. Um, I do have a question. So, do I get does the soil movement application and the storm water management requirement get
waved at is that is that waved or do I still have to go through that process? >> That's what's being considered. The board I'm recommending that the board could wave it. I think it would be reasonable in this situation, but it's up to the board to determine if they want to actually do that. >> So, we do a little poll. Yeah, we could
provide that in the resolution of everybody. >> Okay. >> Is everybody on the board comfortable with us doing that? >> Yes. >> Yes. >> Yes. >> Mr. Boyce, >> I don't like to add uh impervious coverage without >> I know that's why I singled you out.
Sorry. >> I will yield to the majority in this case. If there's no neighbors that are going to be affected by additional runoff, >> I I support that we get that zoning table, too. >> I will get that right away. I'll work
I'll call her tonight and, you know, and I'll um Yeah, absolutely. >> Well, how are you going to if if this were to be passed, how would we write the uh resolution? >> It'll be these will be conditions of approval.
>> Okay. So it's not like there ends up being zoning table. >> Yeah. The zoning table has to comply that there no no new nonconformities or existing nonconformities that we weren't aware of because we didn't have the zoning table. And we'll provide that the
uh soil movement permit way provided that the uh area under the deck is pvious and not impervious. What else do we have? quite a bit for this little deck.
>> Yeah, I think strong measurement is what will not be required in view of the day minimous nature of the improvement. >> Okay. >> All righty. So, with all that in mind, does anybody want to make a motion? >> Motion to to approve
>> with all of what he just said, >> stipulations. Yes. >> Okay, good. Anybody want to second that? >> Who make a motion? pick him. I'll I'll second it. Thank you. Sure. >> Who second it? >> Mike. >> How's Aaron?
>> The only mic that's here. >> There's two mics, sir. >> Not today, is there? >> Oh, yeah. You're right. >> Good looking mic, too, is here. How soon they forget? >> Wow. >> Wow. >> That's That's very insulting. >> I called him the good-looking mic. I
even gave him the good math. >> Well, we don't know if that's good math or not. Do you know how to spell Pythagorean theorem? No. >> All right, let's do a roll. >> I can't spell I can't even spell no today. Be a roll call. >> Mr. Majio. >> Yes. >> Mr. Mary. >> Yes.
>> Mr. Ling. >> Yes. >> Mr. Doug. >> Yes. >> Boy. >> Yes. >> Mr. Dean. >> Yes. >> Mr. Van. >> Yes. >> Mr. Kramer. >> Yes. >> Congratulations. >> Thank you. >> Just get that material to Jen as soon as
you can. >> Thank you very much. >> Good luck. >> Yeah. Good luck with that. >> All right. >> Stay or do I go? What's the protocol? >> It's up to you. Whatever you want to do. >> I'm going to stay. >> You want to stick it out through the go home and get yelled at yet? So >> that's that's
>> Should I stay? >> You're the hero. You got the thing approved. >> All righty. Um, we only have one other thing. A public opportunity for the for the uh to speak on non-aggenda items. Does anybody want to have a motion? >> Second.
>> All in favor? Hi. >> Do you have anything you want to ask us that's not related to your >> application? Sorry. >> Questions I have in the town, but it's okay. We're waiting. All right. >> Sounds good. No others. >> Second.
>> All in favor? >> We make a motion to close the meeting. >> Motion to journ. >> Second. >> All in favor? >> Thank you. >> Enjoy the weather. That was a