Didn't you ever We're on record the house. But the office is interested. We're on record. Oh, okay. Good evening and welcome to the meeting of the Township of Pipony Troy Hills
Board of Adjustment. Today is July 9th, 2025 and it's 7:30 p.m. Announcement is made that adequate notice of this meeting has been given and that it is being conducted in accordance with NJSA
10 col4-6 at se of the New Jersey Open Public Meetings Act. Roll call. Mr. Burkowitz here. Mr. Dro here. Mr. Joshitz here. Mr. Petty here. Mr. Quinn here. Mr. Ready
present. Chairwoman Gyani here. We also have our board planner, Mr. Chadwick, present. Our board engineer, Mr. Lammanoit, here. And our board attorney, Mr. Johnson, here. You please stand and join us for the pledge of allegiance.
I aliance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all Mr. can raise your right hand.
I swear swear affirm the testimony you're about to give the truth and nothing but the truth. So many you swear or affirm that any testimony that you're about to give should be the truth, the whole truth and nothing. Yes, sir. Thank you. Good evening. Is there anyone in the
audience that would like to speak on something other than what is on our agenda this evening? I see none. Okay. Resolutions. Application 2416 Zire. Uh those who can vote are
Burkowitz, Dro, Josowitz, Petty, Ready, and Grani. Can I have a motion? So moved. Second. Second. Burkowitz. Yes. Dro, yes. Joshitz, yes. Petty, yes. Ready? Yes. Grani. Yes. Our second resolution this evening is
application 2327328 Kingston LLC. It's a resolution to withdraw the application. Can I have a motion? So moved. Second. Burkowitz. Yes. Dro, yes. Joshitz, yes. Petty,
yes. Quinn, yes. Ready? Yes. Griani? Yes. Mr. O'Neal, would you like to uh come forward, please? Thank you. Good evening. I believe that Chick-fil-A was originally on for this evening.
Application for sign. Um while we mailed the notices out, the notice was published. It was published in the wrong newspaper. So for that reason, I would like to adjourn that to July 23rd without further notice except for the
publication notice which we've already we need a motion for that. Motion. May I have a motion, please? Some second. You do roll call or do an all in favor? What? All in favor? I Mr. O'Neal. July 23rd. We'll see you.
Thank you very much. You want to do anything with your other application? Waiting to confirm when this availability. Great. Okay. Thank you. Application 2519. Alberto and Kim Lojo 33 Skyler Street,
block 723, lot 4, zone R3, a C variance to construct an inground pool, patio, around pool, and pool equipment on a concrete pad contrary to section 430-35, column 13.
Good evening. Raise your right hands, please. Do you swear or affirm the testimony that you're about to give should be the truth, the whole truth, and nothing but the truth? Great. Can you state your names and spell your last names, please? Kimberly Leho. L I J O. Alberto Leho. L I J O.
Great. Thanks. Now, just tell the board what it is that you'd like to do. Um, so we bought the house as it is with a lot of paper block and driveway space. Um, but our original intention was always to put an ingground pool in. My
husband is a retired police officer, non first responder who unfortunately contracted MS shortly before he retired and his mobility is severely restricted. As you can see, we we don't have very many plans to travel and a lot of the
use of the pool would be therapeutic. We did deal extensively with the pool boss who is our contractor regarding the distance, the size, setbacks. We have next to our property what we've been told is a paper road. It's an extension
of Colonial Terrace that extends towards West Creek. It's not a used property. It's not paved. We have been maintaining it at our own expense, cutting the grass, picking up the branches because the town does not maintain it. But we tried to honor the setback as if it was
an actual road. So we scaled the size of the pool down. We shoved it to the far corner. legal definition of what size we were allowed to have. We scaled down to as minimal amount of patio as we could possibly get and still be able to get to
the pool and pull equipment. We're destroying a shed. We're removing a concrete slab in front of that shed. We're using an existing concrete slab that's already on our property for the pool equipment to minimize how much more
we would have to pave or cut into the property. Was the removal of the concrete considered when they were doing the calculation for the impervious coverage? Yes, it was. So that's net out. Yes. Okay. But then you're still showing over the
impervious coverage, correct? Correct. And you saw the engineers letter? Yes. And you are agreeing with doing whatever is required to you according to this letter? Yes. Okay. We actually we changed the plans three
times with cool boss to try to maintain as much of the respect to property barriers and zoning as we possibly could. If I had something else I could tear out, I would. But I really, unless I rip off a driveway, I don't have any more space to get. Have you approached the town about
vacating that paper street that you maintain now? Because if you got off that street, you wouldn't be here. Yeah. If I'm sorry, you can ask the the township to vacate that. Oh, we did. Not only once, but I
actually did three times. I submitted paperwork. The only thing on that property is a large concrete drain storm drain pipe that runs under the very edge of our land. I g I offered my brother's
a lawyer for Yeah. So, you put in these. Go ahead. I offered uh an environmental impact that I wouldn't build on the land. I just wanted to fence it in. I would allow an easement anytime the land needed to be accessed. But the reality is that that concrete pipe was under the road in in
New York City, run over by trucks. It'd be a hundred years before it ever fractured. But we did ask multiple times. We were denied. I came back with options, alternatives, almost begging to take over the land. And I doubt that uh sorry
anyway you brought you brought it up and they have they have not uh we were supposed to do it twice. I mean I if there was anything else I could ask for give to take I would because we really did want All right. So you made you made the effort to s to rectify this variance.
Yes I did. If we had it I wouldn't need the variance. Yes. Understood. Good. Are there any questions? the the pavers. Uh what's between the the pavers? Anything?
Uh no, it was it's the the front walk is paved around the house. There's a large patio with a stone fireplace in the back. And then the there was an addition of a threeseason room. It's unheated, unair conditioned. And then on the other side
of the three season room is a slab, a concrete slab that has um air conditioning equipment on it. And that's where we're going to put the pool equipment. Okay. But any exist any of the paper because the sidewalk was already there when we bought the house. Right. But it's not solid, is it? That I
mean, no, Right. It's just All right. So, you put a hose on it, the water will go down through it. Yeah. Yes. There's a drainage. That's the issue. Yes. There's a shed shown in this paper street there. That's the small shed to the left side
of the property. Is our shed. It was there when we moved in and we never bothered to relocate. I didn't even know it wasn't on a property. All right. I don't have any questions. Do we have any questions from the board? So that's that's what
you have. Would you like to speak on anything else or your testimony is complete? Uh please. I I like I said a lot of it's therapeutic and just giving another reason to have people over but as we won't really be able to travel very much.
Sure. If I have a question please Mr. Lemanowitz. Yes. Just just a question off the um the pool is close to the side side your side property. Yes. to my
Now, the plans show that there's going to be grading and such on the neighboring property. Yes. Um we submitted for soil movement and um my contractor told
me that to there is a very low point that leads down towards the creek. There's no reason for it being there. It just happens to be dipped in. um that is onethird our next door neighbors and 2/3
on our property. I was told that we would have to have his property surveyed with topography and all of that restrict all of that contingency to have permission to level it up. And that's what I'm getting at because this this application shows work on the
property. That's not part of the application. So, uh Mr. Johnson, I'm not sure how we handle that. I mean, the board cannot grant this applicant permission to go on the neighbor's property. Well, we had an alternative plan shows
of not doing anything with that and building a retaining wall. Yeah, because uh if you go look at it, uh what he did, his land uh his yard used to slope down. So, he's got a wall flattened out his uh
Right. I understand the premise. is that you know we wouldn't need to raise it at the point of where the pool would be. We would not need to raise that piece of sloped land to put the pool in the pool. The land slopes where the back of the
large shed is is where the land begins to slope down. It does not slope before that. Is that the shed you're removing? Yes. So, I was assured that the pool would sit with off of the appropriate distance
off of that property line and we would not need to level it up. So, you don't need to level on your neighbor's property to put the pool in. Correct. And if they decided that we did, we knew we had to get permission to
do so with the proper permits, topography, and a basically get all of the engineering documents that we got for our property for the neighbors property at our expense. But
we don't need to level it up to put the pool in. I was told that the setback of the pool would not be affected by that. Have you talked to your neighbor about your the plans that you had drawn up that? Yes, I've had extensive conversations
with neighbors on both sides uh before we even contracted and neither one had a concern about the pool. Was the neighbor of the property that you show grading work being done on? No, that's part of Kayen Ashley. Uh I forget what your last
name is. Yes, I have talked to him about whether or not it would be okay with him and he said that it would be fine, but I understand that's like I don't just need his permission to do it. Okay. But you understand Mr. Mandowitz's point that we can't get grant you an
application on the condition that you do grading work on your neighbor's property because we we can't give you that permission. Do you understand that? Okay, I do understand. But your point is, I believe that you could install the pool as shown on the plans without doing the grading anyways.
Correct. That was what I was told by pool boss. Okay. And they looked at our application. They helped us prepare to submit it. We didn't just submit it on our own. Mr. Croach, you had an uh question. The attorney asked the question I was going to ask.
Okay. I think so. Is there anyone in the public that would like to speak on the testimony that this family has given? I see none. Is there anyone in the audience that would like to speak
approval of this application or deny this application? I see none. Would one of the uh board members please like to frame? I think it's a good application. I think it's for good use.
Uh, and you spoke to the engineer and you you agreed to do what he wants done on. You spoke to your neighbors and they're not opposed. So, I'll be voting for it. Thank you. Application 25 col 19 Alberto
and Kim Ljo 33 Shil Street Box 723 lot 4 zone R3 recommend granting a C variance to construct an ingground pool patio around pool and pool equipment on a concrete pad contrary to section 430-35 column 13 and agreeing to the uh list
from the town engineer Second ready. Burkowitz. Yes. Decross. Um I would only like to say, Mr. Attorney, uh do we have to state that if they
decide to, you know, do the uh topography the way and they have to go on the neighbor's property? Should we put it in the resolution that you know, how how would we do that? They have to come back.
Yeah. I think we should we should add it in that we heard it. We you know we are directing them if they're going to do that then they would have to come back. I could add that to the resolution. Yeah. Just to be to cover to cover you and cover us.
We don't break any regulations. Right. No, it's only to protect both sides. Correct. I can. Okay. I vote yes. Jawit. Yes. Petty? Yes. Quinn? Yes. Ready? Yes. Griani.
Yes. Your application is approved and you will be receiving a letter and at that time you will go to the uh zoning board and ask for your construction permits. Okay. Lots of luck. I appreciate your consideration. Thank you.
I don't have no idea. Search application 25 col 23 surge issue 58 seasons blend drive block 14 lot 17.65
65 zone AHD-2 a C variance to construct an open deck with two landings and two sets of stairs contrary to section 430-10 I and section 430-35 column 13
please and can you pronounce your last name please it's a like antonyy such a long name but we call They used to call me search. Serge Serge. Okay. 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 great. State your name, but spell your last name. Antiggony. Seridu. S E R G H I D O U. Oh, D O.
That's the agenda spelled wrong. Okay, that makes more sense. Yes. Okay. tell the board what it is that you'd like to do. All right. I have an existing deck. I I bought the house 21 years ago and at
that time with building the house and the extras, we couldn't afford to come to the board and get a bigger deck. So at that time we did a 10x10. That's how much we were allowed to build and we built that. Now, 13 years after and
knowing that I have no access from my kitchen to the backyard, we decided it's a good time for us. Plus, now we have five grand kids, 14 to 19. We cannot even have them over for a
buffet. So, my request is to build a new deck, a bigger deck, 13 by 25 with railing and steps going down to the backyard. In case of an an emergency, let's say in
the kitchen, I have to run all the way to the front or I have to exit through the back, which I don't have access to my backyard cuz the current deck that we have, it's so old. It's coming apart. My husband has problems with his
uh health. I cannot make him every two three years to power wash it and stain it. So we like to enjoy our property for family gatherings. But important is a emergency exit from
the kitchen which our builder never put anything for us to go to the backyard. What's under the deck right now? I'm sorry. What is under the deck that you have there? It's nothing. It's empty. So, it's it's dirt. Uh, yeah. Okay. It's not pavers.
No, nothing. Nothing. It's just dirt. If you see the last pictures on my vacation, you're going to see both my neighbors. They have patios and whatever furniture. That's not my tent. My tent is to have a deck that I can put a table
and a grill so my grandkids come and enjoy spending time with us cuz every time they come, we only have two chairs and a small table and a grill and I send them in the dining room to eat. So, did you did you see the letter from the engineer?
I was going to say that. Uh, one letter from the engineer. We have a letter dated excuse me, that's okay. letter dated May 14th from our engineering department. That was when I built the 10 by 10. No,
no, this is a 25 2025 on the on May 14th. Yeah, that's very important that you get a copy of this and read it. Okay. Because they're the issue you have is that you're creating more impervious
coverage, which means there's nowhere for the water to go. So they are coming up with what you might need to do which could be expensive and I don't the the board takes that very seriously when we're looking to approve something like this.
So if you haven't seen this letter you should definitely read it but you might want to get some expertise to let you know about what the cost would be before we go through this. Okay. Um my the deck I'm proposing to
build is 13 ft above ground come because you come inside my house and by the time you get to the end there is this drop and nobody can build behind me behind. Yes. But it's not really about that
necessarily. Okay. Right. It's about Yes. So the the engineer is raising this as the issue and he's giving us guidance and he's saying if you if you want to just take a look at that he's it's it's
a process. I haven't actually had Yeah. Here you go. Okay. Okay. Maybe the the board has had a number of these cases where the the over and the coverage which is drainage.
These are relatively small lots. Everything's pretty close together. So if somebody makes a mistake and he's got water running off, it causes problems. But you may have everything in your favor, but the best thing to do is to carry
this application. You personally go make an appointment with the engineer. You'll explain each of the paragraphs. Whether or not he will offer an estimate of what you're getting into costs, I don't know. But if you take notes, you
can go call up an engineer, figure out what it is, cuz you don't want to get in over your head. I assume the picture is here to show the type of deck you want to build. Yeah. And the engineer is Justin Lisa,
right? Talk to Nor and get you tied up with it. And make sure you tell the engineer that you're not intending to build anything on the ground underneath the deck. I'm not like pavers or anything like that. I am surprised though.
The picture that is shown here shows it all paved under the deck. Those are her neighbors, right? Yeah, those are my neighbors. But this is the kind of deck that you want to build, correct? Yes. The one with the white railing. Yeah. But not have anything on the bottom.
Okay. All right. Just go to the engine. Make an appointment with the engineer and he'll get back with the in writing. What's so how you how you how you design because what could happen is you you're going to meet with the engineer. Let's say if you didn't meet with the
engineer, you said yes, I'm going to do everything they want. It could be 10 10,000 20,000 who knows what it is and we're going to grant that approval on the basis that you're going to agree to do what he wants done. You it's better off to go see what he wants done. You
could explain yourself better to him and some of these issues might not be a real issue. So I can also get an engineer to do the topography before I go and see. No, don't do anything. No, no, I just sit down with him. B the
township based to graapic maps so that you'll know what it looks like. I'm sorry to say that it's a total surprise to us because my whole neighborhood has this size decks
entertaining on the bottom the top of the decks and here I am. You want to do the same thing? Yes, of course. But they got grandkids mostly. You don't listen. You have to listen first. Yes. Whether they got permits for all of
those decks or not is irrelevant. They have them. The town engineer would know it. Take a few pictures with you so they can see and and and you sit down with them and and get this resolved so the board doesn't take
an action saying subject to the town engineers report and you find out the drainage improvements cost twice what the deck is. Yeah. You're not going to want to be happy with that. So, no, no, you know, it's like we say my So, why don't you ask the board to stay this and find out when you can get back
on? We'll we'll give you another date. Laura, may we have a date to carry this, please? Um, I can get you on August 6th, but you have to be proactive and really move on this. No, I am. So, yeah. So, I mean otherwise, if you
don't if you're not prepared to come back, then uh you know, you be carried again. I think it's getting further out. May I have a motion, please, to carry this? I believe some move. Second. Where is it?
And you'll grant the board the extension to make the decision on. Okay, guess my water. There's a water fountain outside. Okay, you Mhm. That explains
application 25. Mr. O'Neal, he would like to carry his application. Joseph O'Neal here on the district. We're not going to have witnesses for sure. We must carry the application next
to Laura, please. Uh, hold on. Um, October 8th and you'll grab the extensions. We'll grant all necessary extensions. Okay. Thank you.
May I have a motion, please? So move. Second. Second. Nora, I apologize. Uh, Perkowitz, yes. Yes. Jazowitz, yes. Petty, yes. Quinn, yes. Ready? Yes. Griani, yes.
Thank you everyone. Thank you. Thank you. Thank you, Mr. Dio. 2466. Okay. Application 25 col03 Dean Mara 62 Upper Rainbow Trail Block
117 block 29 zone R3 of C variance to legalize a patio contrary to section 430-35 columns 9 and 13. Okay. 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, whole truth, and nothing but the truth? Thanks. State your name and spell your last name, please. Mar a r a Have you seen the engineers report from February? Yeah. Have I seen the township engineers report from
February? Uh, I saw everything that I was given. Yes. Does that include the February 24th, 2025 engineers report? I I don't want I know I'm on record, so I don't want to say with certainty, but anything that Miss Nor gave me, I looked
at. So if it was given to me, I looked at it. The town engineer would have sent it to you. Then I did not see it. Okay. Okay. Okay. I have an extra copy. Thank you. Did you see here? Were you present when we had the colloqui with the prior
applicant? Excuse me. Were you present when we had the colloqui with the prior applicant? Um, was the gentleman who owned the house before me? The woman that was up here as an applicant seeking to build a debt. Were you here before this? Oh. Oh, yes. I lost.
You understand what took place then? Um, she also she also did not see the engineers report and we had to carry her case. Okay. So, so what I just handed you is a report from the township engineer that
indicates that your existing patio since it's of a certain size triggers potential storm water management issues. Okay. which he indicates could be costly.
So, and I know you're you are here to legalize an existing patio. Correct. Correct. So, um if you would like the board will be amanable to carrying your application so that you can have a discussion with the township engineer about how you
might address the concerns that he raised in his memo. Okay. Um yes. um has I know my existing patio um is over some type of limit where
therefore I may need a for drainage system I'm guessing needs how is that um come to a conclusion that yes this patio on this said deck when I needs this drainage system like how does said
person know coverage engineer already wrote that in his report that So, he's been he's he's the one who makes that decision. Okay. How did you get here? Um because I was notified. Long story short, um
there was a code enforcement with uh code enforcement. So, uh there was a short story is there was a fence on my property for 26 years through several owners. Before I got in the house, there was never a problem with the fence, but apparently the previous
owner of my house got a lot of people angry. However, he was never notified about the fence. I move into the house, I get three notices about a fence. The previous owner of the house messaged me on Facebook and said, "I put the fence
up 26 years ago, never heard anything about it." I get into the house all of a sudden defense which I knew about through the deed which also brings up a lot of issues because of the deed in my house when I agreed to here because code enforcement said you did something
illegal. Well, but it was I didn't do anything illegal. You bought a property as is with this patio. Correct. Okay. And you didn't do due diligence to find out whether it complied whatever. Well, that brings up an issue. I don't
want to get this. I I I really don't. I think Well, just let me answer your question. Could you answer that question so I may answer it? What question? You just said you're here for due diligence. The due diligence. If you if your attorney had done due
diligence, the issue of a variance would have come up and any outstanding issues. I I tend to disagree because of something that happened on Memorial Day weekend where it was known about the patio and the the RLCC told me, "We let
you buy this house even though we knew this patio." So, it was already known that I bought this house, but that's not our issue. Yeah. Unfortunately, your case is brought to us. Those facts don't matter really. You're over and we have to come to a resolution. So, you need to get with the
engineer and I think since it's built already, try to figure out a way where you're not ripping that up and trying to convince them that the water's not going elsewhere is my suggestion. Right. I think that everybody needs some
type of validation andor proof that yes, this patio is causing x amount of runoff. Well, that's going to be part of the case you're going to present to us. Do you take take some pictures and make sure you have pictures? Yeah. Yeah. Yeah. Nor, would you please uh give us a date to carry this application?
September 24th. September 24th. Now, the only thing that I'm a school teacher by day. Um, householder all the time. Um, so but the only thing is if I'm saying September 24th, the only
issue I may have is that may be my back to school night. I can't say with certainty. I'm a school teacher of Monto, not participating. When would you know when back to school night is um when they released the calendar? Is it always September? Yes. So if it was
October I could give you October 8th or October 29th. Um I know it's always in September. So So let's cancel September and you get an October date, please. All right. Uh which were the two options on April 29th. April or October
10 October 8th or October 29th? Um uh let's go for October 8th. 108. Okay. And you'll grant the board all necessary extensions to decide. Correct. Excuse me. You'll grant the board nec the necessary
extensions to decide the application on October 8th. Uh yeah. Okay. We'll see you in October. All right. Good luck. Thank you. Application
25 col 20 PWA 359 Northwick Road block 484 lot one zone R3 a C variance to construct a one-story foyer edition twostory addition at rear second story
edition over existing onetory cuppet entrance with overhang element to office entrance onetory Tory covered porch to main dwelling, front stairs, air conditioning unit on concrete pad and
driveway replacement contrary to section 430-35, columns 10 and 13. 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 great. State your name,
spell your last name, please. My name is Jerma. And last name is U spelled as P as a beater, I T as a tom, H wa. You could sit. You could sit. The same thing. Uh engineering engineering report
updated one too that came. Yes. You saw the updated engineering report of July 9th, 2025. Raise your right hand. Just swear affirm that the testimony that you're about to give should be the truth, the whole truth, and nothing. I did. State your name, spell your last name, and give us your professional background.
My name is A3. Last name is P A R I T A H. I'm a license. And we can you can qualify by this board, correct? Yeah. And your license is in good standing. Thank you. Please. Okay. Good evening the board members and thank
you for your time today. Um 8 years ago we moved into this township with a small family. My daughter was the first grader starting uh with the Percipani U Lake Elementary School and 8 years later my kids have been grown up and our family
feels that it's we are kind of compromising with my daughter son and daughter uh living in this house and that's the reason why we're looking forward for this addition. On top of that, my parents are getting old and I'm expecting them to stay with me as considering that that's the part of our
culture. We always like to take care of our elderly parents and with that small house you know with the house what we have I think it will be lot of compromise for my parents to live with us at the same time my daughter and my son have to compromise as well. So and with that all net needs we decided that
let's do the some renovation so we can take care of our personal needs uh which respects my parents' needs as well as respect my growing up kids uh because I don't want them to compromise while they're growing up and that's the reason why we decided that let's make some
renovation and additions to the property uh so it addresses all our needs and that's the year why um that's the reason why we are here uh and um I have supported by Abijit here who's going to help you out with any technical requirements here.
One kitchen. One kitchen. That's how we grow up. There's a picture on your um site plan of the dwelling. Is that how it would look when it's done? Yeah. Can I pass this around,
please? That would be listed as A1. Yeah. Oh Very nice. Okay. How many pages is a one?
It's uh five pages. Five pages of photograph. Yeah. Rendering. Rendering. No basement. Uh no, it's a fire level. So lower and upper. Yeah.
And I noted that there's a an elevator. Yeah. And is that for the grandparents to access the the rooms upstairs? We already have this. Front is beautiful. Yeah. A natural material. Manmade.
I'm sorry. Is that natural material the siding or is that manmade? It's man-made. Both except for I mean break. the whole thing. Yeah. So, what's the proposal? Uh, so we're proposing a um so we're
here for two variances, building and imperies. Uh, the building coverage right now is um 14.8%. We're bringing it up to 19.1%. And the What was that number again? Uh 14.8%
and we're bringing it up to 19.1%. That's different than what's on the there's a discrepancy between um the letter that was sent out. I think she wasn't considering the overhang cuz we were so like if we're using um the revised numbers that were sent out
there was 14. So you have 19.1 on your plan. Yeah, we're showing 19.1, but for her calculations, in our plans, we included the overhead, but she didn't include them in hers. Okay.
So, what's the right number? 18.83. Yeah, it would be hers would be 18.83. That would be the right number. Do they use that as All right. So, the information we have in front of us is good. 18.83 and 38.5. Uh 38.85. Yeah. Okay.
Excuse me. currently uh to the left of the house. Is that an office? Yes. And is that being used as an office now? Yes. For what? It's a physical therapy office. Okay. So, that's going to stay physical therapy there,
but upstairs you're wanting the use for your family. Exactly. Okay. So, going back to the impervious, um we're bringing up we're bringing it to 18 38.85%. uh only a 2% increase in target. It is a
non-existent uhity because of the oversized um driveway and parking lot for the the physical therapy office. So, we're proposing to um mitigate I mean to cut down the building coverage um to offset it. We're we're
taking portion of that existing driveway and um parking lot out to to make sure that the imperative doesn't go up as well. But but the numbers calculated takes that into consideration. Correct. Correct. Correct.
Um, so the existing house currently on the uh lower level there's a two-car garage and as you walk in there's a open area with a full um bath and a study area that they use as a work from home office currently. And on the left side
of the house currently there is a um a physical therapist office uh used by uh his wife. Um and on the upper level uh there's a living kitchen and dining area. And on the right side of the house is where the bedroom wings are uh currently and currently uh over the
existing um uh physical therapy office. There's no structure above it. But when you say currently, you mean currently and continuing, correct? Uh you're proposing to add on top, right? But that use is going to stay. Yes, that's effectively you have a
twotory home, correct? Correct. Two uh basically. Yeah. How much of the first floor is now the uh physical therapy. So, the physical therapy uh office currently is 1,193
ft and the proposed is going to be 1,39 ft². We're adding a small storage area from the existing house into the physical there because they need a little bit more space. How much square footage is there on the first floor? That's what's there. first floor than
the reason I'm asking this question there's a limit in terms of home offices and it's 25% of the first floor um and I think you're over that the note that we read on um the
ordinance was 30%. So the existing right now is 49.2% with the current uh square footage of the house. Uh with the new square footage of the house, that's going to be brought down to 25. You have used a total square footage. You only use first floor uh to for it says for split levels
include both the top and um bottom level and not even where are you reading that? Uh 430-59B revised when? Uh I don't have that information. Can you read that paragraph? Professional home offices for one
physician, surgeon, doctor, dentist, engineer, architect or accountant residing on the premises provided that the site fronts the street classified in the adopted master plan of course township as other than local street and provided that not uh but not more than
one non-resident is employed in the connection with the profession and uh further provided that professional home office is incidental to the residents with space to be used for office limit. to 30% of the area of any floor. In computing uh the office uh space of
split level construction, the office shelf shall be limited to 30% of the first two levels in P in no case shelf. Uh the space used for garage be included in computing B. Would you read that last? What was that? I'm sorry. What was that section again?
Uh 430-59B. 59. And you're saying you comply with that? Yeah, we're bringing current existing is non-conforming with the new proposed additional square footage. We're going to be complying with that. That's going to be at 25
8%. And you only have one employee? Yes. And that won't be changing? No. And the use is one of the uses that you said it's a physician office. Okay.
So, he this used to be a chiropractor's office, Lurenzo. Um, I believe if you've been in the town, pretty much you must be his patient. He was an excellent chiropractor and we were very fortunate to get his and because when we were
buying this property, we had a lot of interaction with him and the only thing what he did was raise this down and we were very happy that we moved into his house and we are continuing his legacy here. He's reading um the ordinance from the
uh R2 zone instead of the R3. Yeah, R3. Yeah, didn't say anything about this. I don't recall.
Yeah, you're Nora's right. The section you read is for the R2 zone and you're in the R3 zone. Yeah. Oh, now in the R3 zone in 430-67
C, it says professional home office, subject to the conditions of 430-59B, which is what you read. and further provided that no such use shall be located on a lot of less than 20,000
square feet in size. Yeah. So that would be a non-compliant existing non-compliance cuz he So how how big is your lot? 18,500. We haven't noticed issue. No, he doesn't.
Do we ever use this? Well, it's because nonconform you're you're expanding the square footage of the pre of the prior non-conforming use because you're adding some storage to that area, right?
Yeah. I mean, we can keep it the same and not um additional. Means it's an expansion of a pre-existing non-conforming use. He took out the storage. This is a conditional use within the zone. Correct.
This is a conditional use within the zone and they're moving the they're until right now the what you have in front of you is an expansion of a non-conforming
additional use. That is a Darian. Yeah. because they want to add square footage to that home office area if they do you know in when you bought this house and when you did the was there
ever a board of adjustment action to approve the chiropractor's office. Yes. I know there was an action to reject one of his applications. Okay. So one of the but prior to that you did get a do we
know what the regulations were in effect at that time? So probably not. Okay. So when I bought the property there resolution that a chiropractor office or professional use office can be operated out there with a single employee
and that's what we've been doing so far. Okay. I know there's a second resolution which was passed that when he was trying to rent a residential property and he was going to continue use the office space and that was denied right so we don't we are not doing that we all
going to use the office space what I'm not trying to play lawyer Bill would tell me to keep my mouth shut I I think we need to have a notice for a expenditures you're expanding the pre-existing
approval, right? And you need that for your protection. Yeah. So that has nothing to do with the added space. That has to do with the usage. Well, it does have to do adding the adding space onto that. So if he didn't want to use that space
if he decided not to add that space, that would go away. No, it would not go away. He's increasing the bulk of the building. Okay. So no matter what needs to do, yeah, sir, you're increasing the bulk of the building for the reasons you said. And
forget about the storage space, whether it's part of your office practice or storage space in the house. That doesn't get around the issue of expanding of a non-conforming use. Do you have that prior resolution? Not
not with you tonight, but you do have that prior resolution that approves the chiropractic That's how the Lorenzo added that office space and that's how it was. So when I bought this property, I made my own research and all the digence
before I move in because that the only reason to buy this property was to my wife can be at home when the kids come home from the school. And so obviously that was one of the reason to buy the property. And you have a location about it because you have a great location.
Yeah, it's a great location. Now you understand that what we're discussing is nothing to do with the merits of your application, right? It's just a procedural issue as to whether you properly notice your neighbors and the public about what you were asking
because you're asking right for an addition in in the appro last approval. You're at you're adding to the last approval which was approved for the office. You're now adding over above it. And I think it's fine. It has to be
appropriately presented to your neighbors as well for your protection as well as the boards. So they'll just have to re notice, you think? Right. Yeah. Yeah. I think this is for your protection. Is it
I respect that. Before you go and while you're here, I'm not sure if madam chairwoman you want to ask any questions about the actual plans. You have an open gym and that is be going to be used for
the open gym are for the physical therapy. One of the mod modality of the of the physical therapy treatment is to have them do some exercises and these are all monitored by my wife while she is rendering the treatment. So when you call it an open gym is like open concept
where you have these all physical therapeutic exercise machines so that the patient can exercise on. This is not for the normal people or non-patient to come in and work out. This is not for that. Thank you. And you also have a proposed game area
and a lounge. Yeah. So we didn't knew what to do with that huge space right above our living space. So we called as an entertaining space. So people my son likes to play a lot of games and he wanted to bring in the pool table. I said okay now we have this open space you can use that for
that. Uh to be honest um we pretty much going to leave on the upper floor. The lower floor is going to be um like you know just going to be my space and my son space to have some man time together. That's that's that's the whole
purpose of it. Are there any questions from the board? So, he has to be carry this. You got to carry it. Yep. Okay. Maybe ask the other question. Is this is this property owned as a LLC
or you own your own? We personally own it. So, you don't need to have a You're here as an individual property owner? Yes. Okay. Does it need a planer? I think the architect could explain the function of the building. I don't
fine. As long as you're okay with that, I am. Okay. All right. We have to carry your application. Nora, may we have a a date, please? Uh um October 29th. And you understand the notice issue,
right? Right. You'll be given a new notice or Yeah. You have to notice on You're going to have to I'm not going to create a notice for a new variant. So, you're going to have to maybe consult with somebody on that.
Well, I'll provide that. another but the notice is something that we prepare and then provide for you to review or will you have to renotice and publish but yes I I I would need a copy of the
notice just for the file I'm saying we have to mail out certified tonight may we have a motion please Second. No, just as an okay.
I need a motion, please. So move. Mr. Crows was first and I second it. Thank you, Nora. Sorry. Yes. Yes. Wood. Yes. Petty. Yes. Quinn. Yes.
Oh, he's not here. Broni, yes. Okay, we'll see you October 29th. 29th October 29th. Yep. Thank you. Thank you very much. Thank you. Are we dismissed?
Motion to adjurnn, please. Second. All in favor? Good night. Good night. Good night. This is beauty. You called it. Thank you.
But it's July Can you find that uh resolution that approved the chiropractic for Yes. long time ago. I tell you a lot of cameras. You never know.
Yeah, that's what I thought. You know, they only give it to us for like Well, I guess the wife is on the list, but I've never proposed for you one yet. that mine has a little
one. I give you one potential open. He didn't know. Oh, you didn't know he was on here. No, I did not. This is the next. Okay.
Well, it's been so long. I'm probably going to watch the video. Well, I came up I just remember everybody coming up and just being some of them are so obnoxious and some of them understand and that that's
right up in the beginning of you that they sent How would you know it? How would you know?