We're on record. >> Oh, >> good evening and welcome to the meeting of the Township of Pipony Troy Hills Board of Adjustment. It is Wednesday, July 22nd, 2026 and is 7:30 p.m. Adequate notice or announcement is made
that adequate notice of this meeting has been given and that it is being conducted in accordance with NJSA 10 column 4-6 at SEC uh the New Jersey Open Public Meetings Act.
We will have our roll call. Mr. Cros here. >> Mr. Dowitz, Mr. Masarella >> present. >> Mr. Modi >> here. >> Miss Neglia >> here. >> Mr. Paddafity >> yes. >> Mr. Ready >> present. >> Chairwoman Grani >> present. >> We have a board planner Mr. Chadwick >> present.
>> Board engineer Mr. Lamont. He is not here today. Uh our board attorney Mr. Johnson. >> Mr. Johnson >> here. >> Would you please stand and join our board in the pledge of allegiance? I aliance 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. >> Is there anyone in the audience that would like to speak on something that is not on our agenda this evening? I see
none. >> Excuse me. >> Correspondence, please. We're going to move into correspondence. We have correspondence received from Joseph O'Neal requesting uh approved application 2535
uh uh 755 South Beverick Road, block 764 uh lot 28 um for commercial use and residential zone. Um the board attorney will um explain [clears throat] further what this is about. So, this application um
was heard over two dates in December of 2025 and March of 2026. Um it's in a residential zone. Um the uh application was for a use variant to permit the use of the two back garages
for rental to commercial uses. There's a dwelling um on the h on the uh lot as well. um you granted the application with a number of restrictions on the use of that property. You had restrictions with respect to trucks going in and out.
You had restrictions with respect to hours of operation. A whole bunch of things were in the resolution or in the proposed resolution. One of the things that you had imposed as a condition of approval was a deed restriction
um that the property dwelling would only be used as a single family residence. Um and um Mr. O'Neal uh wrote a letter uh that you see July 8th, 2026 in which he has asked for the opportunity for you to
hear um his argument that you should remove that condition. Um not not the condition that it only be used as a single family home, but the condition that there be an actual deed restriction that says that. Um the deed restriction
is different than a condition of a resolution because the deed restriction gets filed in the clerk's office and lasts for forever for perpetuity whereas a f so it would bind a future board.
A future board wouldn't be able to remove that deed restriction because um because it's filed in the clerk's office and it's it's part of what we call the chain of title. that wouldn't change your condition of your resolution that the that that dwelling only be used
as a single family home. So what's what he's asking for is not that you make a decision on removing that condition tonight, just that you make a decision on whether you per you will permit him to come back to the board, reopen the application in essence, come back to the
board and argue um why you shouldn't impose a deed restriction as a condition of approval. >> So I'm sorry. Go ahead. No, no. I was just going to say so the restriction stays on the resolution. If a property is ever sold, then whoever has to come
before this board, that resolution will be on the property and they have to amend it. Am I correct? >> Correct. And remember the the zone is a single family. It's a residential zone. So, if they were going to come back and and seek relief by way of another use
variance application to do something other than use that dwelling as a residence, they'd have to come back before this board for that application. >> But again, you're not being asked tonight to decide whether to remove the condition or not. You're just being asked tonight to decide whether you will
allow the the uh application to be reopened in order for him to come before the board and make that argument. He would have to notice just like um he did initially. They would have to notice all the neighbors. The neighbors would have an opportunity to be heard and then you
would hear um his argument for why it shouldn't be a deed restriction. And then you would make your decision at that time as to whether to remove that condition of approval or or keep that condition of approval. >> Two questions. Do you have an opinion? >> Do I have an opinion on whether he
should be allowed to come back and make the argument? >> Yes. >> I I I think you are well within your right to have him come back and make the argument. Um I I think it's always better to allow people the opportunity to make to be heard by the board that's
making the decision rather than not be heard. >> Okay. >> It's just my kind of default thinking is in terms of it's >> okay. >> There's no harm in hearing the pitch. In other words, >> okay, >> you can ask you don't have to decide. You don't have to agree with it.
>> You know what? And and I realize that, but why didn't Mr. O'Neal have this argument when we were going to approve the resolution. >> I I I I can tell you that based upon my conversation with Mr. O'Neal, I drafted the resolution. I drafted the deed restriction. He sent me an email about
10 seconds later that said, "I can't believe I would have ever have agreed to this. Can you please call me?" >> But that was because going with that, >> the reason why we maybe approved it is because they agreed to that. We were very concerned. I know the property. It's near my house. We were very
concerned that they were putting a business >> in a residential area. >> We wanted to make the guy whole, >> you know, kind of let it be because we know what's going on now. But I think at the time we were all concerned of what would be down the road, >> right? >> And that's why we did it that way.
>> So in my opinion, um, we all felt that way back when we approved and, uh, Mr. O'Neal obviously feels differently about it now. I don't see anything wrong in allowing him to come back and uh you know argue the difference and argue his
opinion and and discuss the resolution. >> I I I guess I guess I could throw in there though, but we we talk about this all the time up here about the not then we we very rarely say yes to a two family house, right? So, um, again, it's
against what we try to stand for, but by putting that deed restriction in there, we've guaranteed going forward that's not going to be the case, right? And why should another board have to pick that up and rehear another case if somebody
else wants to do that? Like, we have an opportunity to put an end to that period. >> Yeah. But I I I will I can say on the other end, it is South Beverick Road that is a main thoroughfare. So, you don't know where the town may be in uh
you know when they do their master plan, where they may lie with their master plan if they No, >> I got you. I'm arguing the case. We're arguing the case. Yeah. >> But but my point is why even allow him to come back and speak on it if we have an opportunity to just leave it where it
is. And all respect to Mr. O'Neal >> to the point he could have picked it up that night instead of >> he could have >> afterwards. and and and I know he's got a lot on his plate and I have no problem listening to him again. But if it's just going to be to speak for 45 minutes and us to say, "Well, we still don't want a
two family house." >> Yeah. >> I'm okay with him coming back and talking. But I just think that >> we put it in there for the reason that Scott said that >> that's not what we believe in and that's not what we want to do to this house. >> Right. Right. >> And I think I think your concern >> I'm going the other way
>> was that that dwelling be then absorbed into the commercial aspect of the property. >> That's right. Yes. >> Yes. I think >> that's what >> Yeah, we've already given them that. I mean, it's, you know, >> okay, everyone on the board, do you agree? I'm sorry, Mr. Modi.
>> Mah, but Mahish, I'm sorry. >> No, no, that's uh question before I make my decision. So, uh part of this they they are just going to ask simple question removed from the deed or not. That's it. They are not adding more parts to it. No, the only thing he's
asking for is not that the condition be removed from the resolution, just that there not be a deed. >> Deed restriction. Yeah. Deed restriction followed by what Mr. Mozarella said like >> later on they can try to change the
resolution like from residential to commercial. They can amend but that's a separate application and that's a separate decision. >> Yes. Yes. >> So why we're all in agreement you have Mr. O'Neal. May I have you on by roll call? >> Motion, please. >> Motion. >> Second.
>> So, the motion is to reopen the application so Mr. O'Neal and his client can um can appear before the board >> to have the board hear argument regarding the deed restriction as a condition. >> Yeah. >> Notice
>> with notice >> with notice. >> Okay. >> So, that's the motion, right? >> Yep. >> Yes. >> With notice. >> That is the motion. As Mr. Johnson said, >> "We need a date, too." >> And I second it. >> Betty Luke second. >> Okay. >> A date, please. >> No, we have to do roll call.
>> Roll call. >> Okay. Dro, >> yes. Josh mozzarella, >> yes. >> Modi, >> yes. >> Neglia, >> yes. >> Uh, yes. >> Ready? >> Yes. >> Yes. >> You don't need a date now. Norah can give a date. >> No.
>> You need a notice, right? This is the This is the application. >> Letter is the application. The letter is the application to reopen. He's still got a note. He's got a notice to hear it. >> All right. >> Going on, Mr. Johnson. >> Uh, we have correspondence also received
from Joseph O'Neal request an application 2559 Urban Nest, 36 uh 76 Hill Road, block 137 3.01 is the lot. be carried from this evening without further notice and with required
extensions through October 31st, 2026. >> Motion second. >> All in favor? >> I would. >> Okay. >> October 31st. >> I'm not coming to your own trick. >> All right. We're going to move on to
resolutions. Um, >> thank you. You all of you can vote on all the resolutions. We'll do them at once. 2613 uh block 605 lot 9. Application 2612
block 369 lot 23. Application 2609 block 147 lot 3 and application 2606. 746 lot 46. Uh everybody here can vote. Can I have a motion?
>> There. Oh no, that you cannot. I apologize. Everyone other everyone [laughter] says but me. >> Uh Josh Mozarella, yes. >> Modi, >> yes. >> Neglia, >> yes. >> Popity, >> yes. >> Ready? >> Yes. >> Grani.
>> Yes. >> Thank you. >> Application 2619. Sandra Sheridan, 7 Madison Road, block 284, lot 8.1, zone R4, a C variance to construct,
replace a driveway contrary to section 430-275X. Miss Sheridan, please come forward. >> John, could you take my information? Oh,
>> can you raise your right hand, please? >> Do you swear or affirm that the testimony that you're about to give should be the truth, the whole truth, or nothing but the truth? You can have a seat. Make sure you use the microphone. Make >> Yep. >> The one that's in the stand.
>> If you need to move it closer to you, that's fine. And just state your name and spell your last name for the record. >> Sandra Sheridan. S H E R I D A N. and you're the applicant in this application. >> So, why don't you tell the board what it
is that you're for? >> I'd like to have my current driveway removed and replaced. Um, same size. No, no, nothing bigger. The same size that I already have. Um, and the the issue is uh the distance to the property length,
which is 2 feet rather than five. >> So, it's going to be in the same location. >> It would be exactly where it is. >> And it won't be any bigger? >> No. How long has it been there? >> Before I lived here and I've been here 40 years. >> What is this? What is this? Right off
opening permit is required for this. >> Yeah. What is that now? >> Oh, because she's in the rightway. >> Okay. >> So, she needs even though it's already there. >> Even though it's already there. >> She needs a permit for that. >> Once you remove something, it's as if it had not existed. So, now you have to
meet today's ordinance. Right. >> So, she's got she's got to get a road opening permit to do the work. >> If she doesn't want to change the driveway, no need. No need. >> That's cool. >> That is it is cool and unusual treatment. >> This is the minimist super dimminimist.
[laughter] >> Is there anyone in the audience? Is that your complete testimony? >> Uh, yes. This is my neighbor and I just brought her in case there was a question. There's no problem with the driveway. There have been three families next to me and the driveways are not
close enough to cause any problems. So I don't see why someone good. >> Very good. >> Anyone here that would like to approve not approve uh disapprove this application in the audience? I don't see any. Would someone like to recommend an
approval for this application? Please >> go ahead. >> I recommend it. [laughter] >> Application 26 col 19. Sandra Sheridan, 7 Madison Road, block 284, lot R 8.1, zone R-4, recommend granting a C variance to construct, replace a
driveway contrary to section 430-275X. >> Second. >> That's on the condition that she apply for a road opening permit >> with the condition have a headshake for the road opening permit. >> Dro,
>> yes. Jositz, yes. >> Mzarella, >> yes. >> Modi, >> yes. >> Neglia, >> yes. >> Popity, >> yes. >> Ready? >> Yes. >> Yes. >> Application is approved. You'll be receiving a notice and at that time you can go forward with your permits. >> Thank you.
>> Lots of luck, Miss Sheridan. Thank you. Application 26 col 20 Janelle >> Tanya 160 Allentown Road block 276 lot 4 zone R4 a C variance to construct a
porch with balcony above contrary to section 430-10F. Good evening sir. >> Can you raise your right hand please? Do you swear or affirm that the testimony that you're about to give should be the truth, the whole truth and nothing but the truth? Have a seat. Make sure you
use the microphone and state your name and spell your last name. >> Name is General Panda. Last name P A N D Y A. >> And you're the applicant, correct? >> Yes. >> And can you tell the board what it is that you'd like to do? >> Uh I would like to construct a porch
5x60 with balcony on the top. >> Is is this mic turned on? >> It is on. A little closer. You need to speak up a little bit. >> Yeah. >> Okay. Uh The application is for construction of porch uh 5x6 and the
balcony on the top [clears throat] >> and it's just a little bit too close to the road. Is that right? >> Yes. Yes. >> Sideard sideard sideyard. Sorry. should be back on the back side of the house or front. >> Front side the
>> walkway entrance to the house >> balcony on top will have access from the house or >> inside. Uh I'm I'm building a uh second floor uh right now. I'm so I'm waiting for this permit to uh getting this application approved. Uh I already
working I already worked with Journey to get my what I can say uh plan approved. So my I'm adding second floor and the second floor will have that balcony which is will be which will be on the top of that porch of the front yard.
>> All right. So you don't need a variance for anything of any other construction just this part. just for this part. >> Gotcha. This is a very >> engineering report is good. >> Yep. >> Yeah. >> Maybe he might need a minor soil.
>> Yes. That's on you, right? Yes. Yes. Let's >> go back the porch that's going to need the barriers. >> That is 16.3 ft from the street. >> Yeah. And the second floor that you're
going to build over the existing >> Yes. existing house >> will not extend over this porch. >> Correct. >> No. Yeah. It's not going to extend. House is not going to extend.
But balcony will be on the top of that porch which is the >> current will it extend past that? >> No. No. How far out is that? It will be just >> you be able to walk out of the was a bedroom up there on top of this. >> I will be walk out. Yes.
>> Railings up there I guess or something. >> Railing or something. >> Yeah, there will be a railing. Oh, it's a balcony. So, there will be a railing. Yes. >> Okay. Just want to make sure it's fine. >> And you do have the letter from the engineering department dated June 22nd.
>> Yes. Yes. >> And you may need as stated a minor soil permit. >> Yes. >> That was that part of your previous application. >> The drawing changed after I don't think >> we've never heard that.
>> Previous application was uh >> this is the first time we're hearing was conforming. So they didn't he didn't need >> I didn't he didn't need anything from >> Yeah. >> Is that your completed testimony, sir? Yes.
>> Is there anyone in the audience >> that would like to speak >> on behalf of this applicant? I see none. Against this application of the testimony that's been given. I see none.
Would one of my members like to recommend approval for this application? >> Yeah, same thing like last is the minimum requirement for the family to benefit and all. I am in favor of this application 26 col 20 J nil Panda 160
Ellentown Road block lot 276 lot 4 zone R-4 to issue or grant seance to construct a porch with balcony above port balcony above contrary to section 430-10F we have to put in there this minor soil
moving >> if necessary if necessary Dro, >> yes. >> Yes. Masarella, >> yes. >> Modi, >> yes. >> Neglia, >> yes. >> Yes. >> Ready? >> Yes. >> Griani, >> yes. >> Permit has been approved, sir. You will
be getting a notice from the township and at that time you can apply for your permits. >> Thank you. >> You're very welcome. Application 26 colon 24 decide 188 Camden Road block 218 lot 16
zone R4 a C variance to legalize a patio sidewalk and concrete area contrary to section 430-35 columns 8 and 13. Good evening Mr. Desai. >> Could you raise your right hand please? Do you swear or affirm that the testimony that you're about to give
should be the truth, the whole truth, and nothing but the truth? Have a seat, please. Make sure you use the microphone and state your name and spell your last name. >> Close to the microphone. State your name and last name and address.
>> My name is Manish Desai. M A N I S H D E S A I. >> Okay. And what is it that you'd like the board to do? >> Sorry. >> What What are you here for? Um, >> I understand you have some
>> 188 Camden Road Paren, >> right? And I understand you've made some improvements to the property that need to be legalized, a patio, a walkway. Can you explain to the board what it is that you want to do? >> Why are you here? >> What we want to do?
>> Why are you here? >> Yeah. Can you explain? >> I have a [clears throat] backside patio and a side walkway. So you replaced the existing patio and sidewalk and now it's uh over the requirement. So you're asking for a variance. No,
>> actually before before the already the stone I have and this is the broken. So as a uh safety reason I have a make it the new one. >> Okay. What what um what did he say was? So he said he said like there was
existing patio inside >> but it was broken. So how long it was existed before like how how old it was? >> Uh I buy >> before you bought. >> Yeah. >> So it was existing patio and sidewalk. >> When did you buy?
>> Uh 2020. >> Okay. Just replace everything in kind. >> Well, are you trying to replace everything? >> No, I did that. >> You already replaced it? >> Yes. >> Okay. Then somebody come and >> objected this or why are you here then?
>> Yeah, maybe somebody has >> complained. >> Yeah, it's over 48 by 2% more. So he needs the variance. >> Did you get a letter from the zoning department telling you that you were in violation?
>> Uh did you did you get any letter from zoning? >> Yes. >> Okay. So you got you got a notice of violation. Is that correct? >> Okay. >> And that's what and that's when you realized that what you had done was
inconsistent with the zoning ordinance. Is that have I got that right? >> Yes. >> Yes. Okay. And that's why you made the application to come here so that you have permission to do what you've already done. What we call legalize what you've already done. >> That's right. >> Yes.
>> Okay. Engineering report says it shows that there is no >> no objection >> no objection from the engineering department. So this is a minor >> which shows that existing was 42.85% excuse me and proposed is >> so he replaced exactly what was there
and but what was there was >> was not it didn't um it didn't meet our impervious coverage the sidewalk before he touched it. >> Yes. was there before he met the house. >> We need five minutes, please.
>> You're right. >> I'm all right. >> Okay. Sorry about that. >> That's all right. >> Mr. Ready, you was you were saying, >> "Yeah, the uh I read the engineering report. There is no >> uh
water, no objection." So, >> it is another like minimum. >> Yeah. >> 114. Yeah. Is there anyone in Is that your testimony? Mr. Desai, are you finished with your testimony? >> Yeah. Yeah. >> Yes.
>> Okay. Is there anyone in the audience that would like to speak on behalf of this application in objection to this application? I see none. Would one of my members please? >> Uh this is the same thing like the
previous application. This is a minimum request for the family needs and it has been existing forever and he is just changing and up upgrading the uh house. So I'm in favor of this application 26 col 16 uh excuse me
application 26 col 24 finish this side I 188 Camden Road block 218 lot 16 zone R4 recommend granting a C variance to legalize a patio sidewalk and concrete area contrary section 430-35 columns 8 and 13
>> seconded yes mozzarella Yes. >> Modi. >> Yes. >> Yes. >> Yes. >> Ready? >> Yes. >> Yes. Your application is approved. You will be receiving a letter from the township and at that time you may apply
for your permits. >> Okay. >> Lots of luck. >> Thank you. >> You're very welcome. >> Application 2616. Gary Margarata. I hope I pronounced that correctly. 37
Fox Run, block 98, lot 18.09, zone R3, C variance to construct an open deck with two sets of stairs, landing and concrete pad contrary to section 430
10 L and section 430-35, column 13. Good evening, sir. >> Can you raise your right hand, please? You swear or affirm that the testimony that you're about to give should be the truth, the whole truth, the name of the church. >> Have a seat. Make sure you use the
microphones and state your name and spell your last name. >> Margaret M a R G A R. >> And you are the applicant. Correct. >> Right. >> And can you explain to the board what it is that you want to do? >> I'm fine for a variance because I want
to add small vectors. Our property is on incline now for furniture getting bigger and we know now there there are two letters from the engineering >> one dated June 22nd and one dated July
6th. Do you have both of those? >> Okay. So, it seems when I reviewed those letters that you made changes to your plans after you got the June letter to reduce the area of impervious coverage. Have I
got that correct? >> I didn't make any changes to >> Okay. Well, I'm looking at a July 6th, 2026 letter and it says >> um the applicant has agreed to remove existing impervious services. Is that correct?
>> That's correct. language. So there's a there is a um >> so you agreed to remove the rear walkway and shed >> correct that's what drainage >> yeah in parties there's no information
that's good that's normal >> so there's no >> so my my question is do you so the calculations that were given to the board >> from Miss Smith regarding proposed impervious coverage
are are different because you're going to remove certain things. Is that right? >> Yeah. Yes. >> You're removing the shed, correct? And a walkway. >> And a wall. >> So, what you're doing by doing that is you're creating less of an issue when it
comes to drainage. >> Absolutely. >> So, that's that is important and that's beneficial for your application. >> Right. So, when he asked you, are you doing something? You are. You're getting rid of the shed. That's how big is the shed? >> FT
3x3 by three >> was a dog house. >> Think big box. >> It was bought. I couldn't hear. >> I'm talking to the mic. We can't hear you. >> It's like a deck box. Big deck box. Oh, okay.
>> Okay. >> Oh, I see where it is. >> Oh, I see. >> That's like a shed. >> I just My only purpose of asking question. [laughter]
>> My only purpose in asking the questions is that so when I write the resolution, the right numbers, >> I can put the numbers in. Right. >> So, I'm trying to figure out what those numbers might be. >> Nine squad. And how was how long was the walkway that you agreed to remove that was going
from where to where? >> How long is it? >> 20 25 ft >> width. >> How wide wide wide 3 foot >> 3T wide? >> Like 75 80 square ft. >> It's right on stone. >> Oh, it's a block
>> block with grass between them. >> So that's a uh would you say 25 ft long? That's exactly >> by by 3 ft. >> The walkway is 25 by three. >> Yes.
>> Grass in between the flags don't >> Yeah. >> blocks three. >> Are you going to maintain um those outdoor tents? Uh the two tents that are called gazeos. >> Okay. So I guess here's my question and maybe
maybe John has there. So if you look at Jen's report, she's got impervious coverage increasing from 32.53 to 344.20. Right. >> But the July 6th, 2026 memo from Mr.
Nihal indicates that there will be no increase in impervious surface. >> Yeah. >> Right. Because he's removing those other pieces. >> But isn't it safe if we don't mind to just approve it as is and therefore in
case he's a little wrong on the numbers. He's good. >> That's up that's certainly up to you. >> I would have no problem the resolution that way if that's what the board wants. I think it's better to be safe than sorry. >> Instead of using numbers, just say leave it as shed and the shed. >> Leave it as is. Whatever he wrote will
get approved. >> The shed 3x3 by three. >> Okay. >> We just add as a condition that the shed 3x3 shed and the flagstone walkway is going to be removed. >> Yeah. >> Good. >> Yeah, that's what the board wants.
>> Happy to write it. Good. >> Does that complete your testimony, sir? >> It does. >> Anyone on the board have any questions? Is there anyone in the audience that has any questions? >> Approval or disapproval of this applicant? >> I see. Yes, sir.
>> Your approval. >> Would uh what if my members like to recommend approval of this application? >> I will. >> Great. >> Go ahead. >> Okay. Um do you want me to read the whole thing? Do you want me to do both? >> We can hear you. >> Do both. There's no detriment to the
neighborhood. there's um only a minor adjustment in um the impervious coverage. I don't think there really will be any, but we we are looking at it that uh there is because there's a discrepancy between the actual map and
what's on it and what should be taken off. So, um it's minor in um in asking and I don't see it as uh anything detrimental like I said to the board or to the neighborhood. So, I would approve I would approve of it
>> in the case of application 26 column 16 Gary Margaret Tony. >> Okay. Okay. 37 Fox Run block 98 lot 89.09 09 zone R3 a seab variance is
granted to construct an out open deck with two sets of stairs landing and concrete pad contrary to section 430- 10 10 I think that's 10.1 or >> I
10 it should be 10 I okay and section 43 430-35 column uh 13 >> second could itions are removal of the 3x3 shed and the >> dro
>> yes >> yes >> mozzarella >> yes >> modi >> yes >> yes >> yes >> ready >> yes >> yes >> applications approved sir >> we'll be receiving a letter and [clears throat] we may go forward
>> removing that three >> I'd like to make a motion to adjourn tonight's meeting Yes. >> Have a good night. >> I'm in favor. >> I'm all in favor. >> All right, captain.
>> Our next best >> minimum meeting. >> Yeah, we'll make up for next time. >> Minimum master meeting. >> That's before. When's our next meeting? The 5th or the 12th. Excuse me. Next time. Our next meeting. The 5th or the 12th. >> What's the next meeting? 5th of August.
I believe it is >> uh August 5th. And then we have uh that other special meeting as well.