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Okay, we're on record. Good evening and welcome to the meet meeting of the Township of Pipany Troy Hills Board of Adjustment. It is Wednesday, June 17th, 2026 and is 7:30 p.m. Announcement is made that adequate notice of this meeting has been given

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and that it is being conducted in accordance with NJSA 104-6 of the New Jersey Open Public Meetings Act. Uh, roll call. M. Dro >> here.

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>> Mr. Josh >> here. >> Mr. Masarella >> present. >> Mr. Modi >> present. >> Mr. Paatton >> here. >> Uh, chairwoman Grani >> present. >> We have our board planner, Mr. Chadwick, >> present. >> A board engineer, Mr. Lammanowitz, >> here.

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>> And our board attorney, Mr. Johnson, >> present. >> Would you please stand and join the board for 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

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God, indivisible, with liberty and justice for all. >> Is there anyone in the audience that would like to speak on something other than what is on our agenda for this evening? I see none. >> Nora, correspondence, please.

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>> No, we've received uh correspondence from Mr. County requesting an opportunity to appear before the board regarding application 2613 with respect to the proposed walk up stairs. Everyone has a copy of the

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letter in your pack. Um it was emailed to you and we're here to make a decision if we're going to >> So, so if you recall you you imposed a condition on Mr. Jan's application that he amend his plans to remove the walk up

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stairs to the attic and instead install pull down stairs to the attic. You have not adopted that resolution. So Mr. Janney has asked for you to reconsider that condition. So if you wish to potentially reconsider that decision,

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you wouldn't be making that decision tonight. You would be inviting Mr. Janney to come back at a later meeting in which he'll have to provide notice for you to potentially hear Mr. Jany's um concerns and decide whether you want

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to eliminate that condition or not. So that's the only thing you're being asked tonight is whether you want to invite Mr. Janney back to revisit that condition. So I guess my question would be

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>> by writing this letter, is he setting us up or the potential to set us up that if he accidentally falls or gets hurt that he could Are we liable in any way? >> No, you wouldn't be liable. >> Okay. Then I >> he's just asking you to reconsider that

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part of the condition. >> But he accepted, right? >> Right. that he did not you you imposed that as a condition of approval, >> right? I remember that. >> I don't think I need to re revisit that personally unless someone else has a

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reason to. >> I think we're concerned about it becoming a >> a multi- family unit and that's the way we're preventing that. >> And he mentioned that also that >> he slipped. >> Uh they are they planning to make a play

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area or something. >> Yes, he was. >> So he mentioned that. Yes. >> Yes. >> He said something about it making it a living space and that's partially why we said what we said. I think >> however, the zoning officer saw the plans and did not find an issue and if she felt it was an issue, it would have

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been brought up and it would have had to be addressed at her level of review. >> Yeah, I guess that was my question too because it states here it's not identified as a variance item. >> So I mean is that >> is that for us something that you know >> it's it's not a variance. They didn't

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need a variance for that. Um, in prior applications, the board has permitted walk up addicts. You have added things to the resolution >> to prohibit them being used as living spaces, etc. And you've elim you've

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you've also had them shrunk in other applications >> in terms of the size of those spaces. And I'm not suggesting one way or another how you should decide this, but you have permitted it in other applications. I mean, maybe that's one of the ways we >> limited two on the sides, wasn't it?

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>> But you're not you're not deciding that issue tonight. I know, right? >> You're only deciding. >> I'm trying to remember if there was >> He should come back. >> He's asking for a circular staircase. >> That's what he originally

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>> And when you're asking for a circular staircase, that goes against the premise for it being tough to get up there. A circular staircase is the toughest way to get upstairs. >> No. Here's my concern right now. >> You're kind of debating this now and that's not what we're here for.

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>> Right. >> Okay. >> So, we let him come back and then we can >> I think we should let him come back. >> Okay. >> The question is, do we want the gentleman to come back and state his case? >> He has to renotice. >> Yep. >> And we will hear >> what he has to say.

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>> I think it's fair of us to listen and then we have our questions and our feelings on it. We can also impose different requirements at that point. >> Right. >> All All in favor? >> I. >> Okay. All right. So, give them a date on it and then it's got to be. >> Sounds good.

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>> Right. Uh we'll move on to the only resolution application 2567 flagship. Um those who can vote are Decross, Joshua, Mozzarella, Modi, Patty. And by the way, Ready is here. Uh

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for the record, ready to vote and grani. Can >> I have a motion? >> Second. >> Dro, >> yes. >> Josh, >> yes. >> Masarella, >> yes. >> Modi, >> yes. >> Pressure, >> yes. >> Ready? >> Yes.

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>> Yes. >> Application 26 col2. [clears throat] Elvis Bosinski, 87 Ball Avenue, block 716, lot 2, zone R3, a C variance to construct a new single family dwelling

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contrary to section 430-35, columns 2, 3, and 10. Mr. Bazinski. >> Hi, I'm Sonia Bazoska, Elvis Bazoski's wife. Um, we're looking to build >> Hold on a second. Okay. Can you raise

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your right hands, 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? State your name and spell your last name, beginning with you. >> Sonia Bazoska. B O Z O S K A. >> Thank you. You can have a seat. One,

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two. >> Elvis Bazoski. Elvis. B O Z O S A I. >> You can have a seat. And you have someone here with you. >> Yes, this is Alex. Yeah. >> Can you identify yourself for the record? >> I'm the architect and engineer for the

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applicant. >> Your name. >> Raise your right hand, please. >> Alexander Petresky, >> 14 Coral Place, Canal, New Jersey. >> I swear affirm that the testimony that you're about to give shall be the truth, the whole truth, and nothing but the truth. >> I swear. >> Licensed architect in New Jersey. >> Yes. >> Licenses in good standing? >> Yes. >> Testified before boards?

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>> Yes. >> On how many prior occasions? >> Uh, four or five prior occasions. I'm most frequently on the other side of the day as the board engineer. >> And where are you the board engineer? Uh, I I make appearances at at the Burough of Lincoln Park, the Bur of Butler, and the Burrow of Kellogg. >> Okay. You've been qualified as an expert

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on prior occasions. >> Yes, I have. >> You're qualified. >> All right. Can you spell your last name for me? >> Petreski, spelled P E T. >> Mhm. >> R E S K I. >> Okay. >> Okay. So, do you one of the two of you want to start and then we can have the

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testimony from your architect? you you >> um we're just looking to construct our forever home on 87 wall. Um I've lived in precip my home for 34 years and my parents have been in town for about four weeks. Um

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the children are a part of this school system and we're just we just want to build our forever home and get out of my parents' house. Mhm. >> For the record, Sandra Negler is here. >> Okay. Sir, do you have anything to add?

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>> Pretty much that's it. Just we're trying to build the house. So, the girls, they have own space because now we share one bathroom. We basically live in the three bedroomedroom house, six people. Not easy.

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>> Mr. Patreky, why don't you walk the board through what the plans are? >> Sure. Um, so 87 Ball Avenue, it's known as block 7 716 lot 2. It's located in the R3 zone. The R3 zone has a minimum lot area of 15,000 ft and the minimum

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lot frontage of 120 ft. Subject property is under sized. It is uh has a lot area of 10,000 ft and a lot frontage of 80 ft. So, it's about 5,000 square feet under size for the lot for the zone. Uh, if you look at the tax map, many of the

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properties, most of the properties in this zone are conforming. They have 120 ft of frontage and 125 ft of depth yielding 15,000 square ft. The properties that uh at intersecting streets such as Condid Street um have

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unusual shapes. I guess that was when there was a taking. It created these unusually shaped lots. One of those being the adjacent property with facing Condit Street known as lot one. Um and we created an undersized lot here um

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which is our lot which is only 80 ft wide. Um the resident um as a result of the other side well let me just talk about what we're proposing to construct. >> I take it that the lots on either side are all are both developed.

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>> Yes. So, we're proposing to knock down the existing onestory Cape Cod residence constructed sometime in the 1930s to the 1950s and create a new construction um essentially modern farmhouse residence

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with a living area of 2,650 ft. So, the average new home in in the United States in 2024 was 2,400 ft² and the proposed residence 2,650 ft. So, right in line with what a new single

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family dwelling in in the United States is. We're essentially replacing what was the standard American home in 1930 or 1940 with what is the standard American home in 2026. Um, as a part of our application, um,

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we're proposing >> the drawings that you're referring to now. Were they part of your packet that was sub? >> Yes, they are. There's been no modifications. >> We're proposing um a full basement uh except for underneath the garage. Um, that basement has a floor area of 1,100

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square ft. Um, a first floor has a living room, dining room, kitchen, uh, an eating kitchen. Uh, has a front foyer. Um, a bathroom, a full bathroom and an office space. >> Is there a separate entrance from the outside to the to the basement?

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>> No. Uh, the the basement is only accessible by the door in next in the kitchen. So, there is no separate entrance to that. The garage has is a front-loaded garage to what we consider one and a half one and a half car garage. It is that size.

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As Elvis is a contractor, he needs a larger garage to keep his tools and hopefully his truck if his tools allowed [laughter] to not been allowed. >> So, hence the front loaded garage. Uh many of the houses in this neighborhood are side loaded garages. Um it's not

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going to be an option at this property considering its width. So, you know, there is the visual penalty of having a front-facing garage, but I feel that there isn't an alternative on this property for a side loaded garage. Um the size is the size in order to

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accommodate Elvis u and keep his tools and his material inside the house and not outside on the street. Uh in addition in the on the first floor we're proposing a patio area, a rear a rear covered patio about 13 ft by I think 24

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ft. Um it gives them a nice seating area to host guests. Um Elvis is a smoker so he does like to enjoy a cigarette every once in a while. He likes the privacy of his backyard. So, he'd like to have a covered space that he can go out there even when it's raining and uh get away

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from his daughters and [laughter] his wife. >> Jo that covered space. Is that the variance issue or not? >> We would still have the variance even without the patio space. Okay. Going on to the second floor.

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The second floor has an owner suite for Elvis and Sonia with an onsuite bathroom and two walk-in closets. Um, fairly standard for American home. Um, there's two bedrooms uh located over the garage for both their daughters. a full bathroom for their daughters, a second

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floor laundry room, which my wife wish we had, and an office, and a second floor office for Sonia. She's a kitchen designer, and that's actually how I met Sonia. She designed a kitchen for me. Um, and so she does work from home on occasion. She needs that office space.

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Um, the attic, since I noticed that that was the subject of talking about previously, is only be accessible with the hatch. So there's not going to be any sort of access to the attic other than a hatch. >> So just pull downstairs. >> Pull downstairs. Yeah. Yes.

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>> The front visually for the front of the house as I talked about is is essentially uh the modern farmhouse with the front entry door located to the left of the residence. There's a small porch just so keep all your deliveries covered and uh if anyone rings a doorbell,

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they're covered. So, it's a it's a very minimal front porch, but essentially just keeps everyone uh dry and anything being delivered dry. Um other than that, um that's the extent of the architectural drawings. The house is no wider than any of the other houses

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located in the neighborhood. We're not triggering any sideyard setbacks. Essentially, the coverages were over on the impervious coverages, but from the front of from the front, you will never tell that this house is oversized for the lot because it's more about depth than width. So, there's additional depth

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here, which you're not going to see. One other thing to note is that we're still under on total impervious coverage. Total impervious coverage is 30% where we're at just under 29.7%. We are over on maximum percent lot

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coverage by buildings just 22% 20.2% where 15% is permitted. As part of knocking down this home, we are eliminating one existing non-conforming condition which was the existing front yard setback of the existing residence.

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That was previously 35 ft and now the proposed front yard setback is 40.5. So, we're reducing we're increasing the front yard set back by 5 1/2 ft and essentially we'll be lining up the front of our house with the adjacent property.

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>> If the lot wasn't over, would you still need to open coverage? >> No. >> So, if the lot was you saw the engineers letter and you're good with uh >> Yes. I uh I'm also an engineer. So I

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produced a um storm water infiltration basin for the project. It is located on um you can look on grading plan C2. Um it's designed for 3 in of impervious cover for the increase in impervious area.

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It has the engineer deemed it to be acceptable. There's a few comments there and we'll address his comments. >> Those plans were filed as part of the application. >> Yes. Okay. Yeah. >> And he also indicates that he thinks you will need a major soil moving permit.

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>> Yes. Elvis made an application >> and the tree also >> trees. Tree removal. >> Tree removal. We also hear about that that's in the township. >> He he mentioned that it may be required if it is required because the trees that are being cut down are actually

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landscape trees that the home planted adjacent to doing this. Now, depending on how your ordinance is written, uh whatever the minimum caliper size is for doing a tree removal, most towns is six inches. Um these certainly aren't don't have a 6-in caliber. >> Um so

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>> that's a township. >> Yeah. >> At first, >> so yeah, essentially is just an awkward lot. It's uh it's the quintessential C1 variance. Um sorry, [laughter]

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apologies. Uh yeah, it's a quintessential C1 variance. This house, if this was a conforming lot, we wouldn't need any variances. The house is totally in line with the character of the neighborhood. Um it will look uh absolutely in place. Actually, the house across the street is very similar with a

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it has a front mass that's not necessarily the garage, but it's it still has it. So I and then we for we're also introducing stomar to offset for any for the addition for this coverage. Um there's I think that's the end of my

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testimony. If anyone have any questions I'd be glad to ask. >> And you're willing to comply with all the recommendations of the May 29th, 2026 memo from the township of engineer. >> Yes. >> Are there any questions from the board? >> Nope. Nope.

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Any questions from the audience on the application that we heard and the testimony that we've heard from this engineer? Hear see none. Um would one of my board members like to make a resolution to approve the applicant? >> Sure. This makes uh total sense. We have

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lifelong residents that want to stay in town. Probably better for everybody if they move out of their parents' house. >> It's worse. Oh. [laughter] You go over there and smoke. >> You're going to agree to do whatever was asked of you with the engineering. The

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house is going to fit in the neighborhood. I'll be voting for it. >> Go for it. >> Frame. >> Application number 2621. Elvis Boowski

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87 Ball Avenue block 716 lot 2 zone R-P to issue or grant a seance to construct a new single family dwelling contract to section 430-35 column 2 3 and 10 and in compliance with the engineer support and

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whatever we discuss today >> second to cruise >> what oh he's Not here. [laughter] >> Dro, >> yes. >> Jasitz, >> yes. >> Mozzarella, >> yes. >> Modi, >> yes. >> Neglia,

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>> yes. >> Potty, >> yes. >> Ready? >> Yes. >> Gani, >> yes. Congratulations. >> You'll be received. >> Thank you. >> And at that time, you can get your questions. >> Small suggestion. If you could try quit smoking

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once, I fail. So >> maybe now keep trying. Yeah, >> lots of money. >> Thank you. >> Thank you for your service. >> Application 2556, Michael Katus, 11 Warrior Way, block

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626, lot 10-5, zone R3, a C variance to construct a detached garage with driveway expansion contrary to section 430-35, columns 10 and 13. This application was

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carried from April 22nd, 2026. >> Are the applicants here? >> Doesn't appear here. >> I suggest that you read this till the end of the meeting and we'll see if the evidence shows up. We'll dispose of it at that time. >> Okay. Application 26 col 11 Patel 19 Bel

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Little Road block 242 lot 6 zone R4 a C variance to construct a new single family dwelling covered porch shed and open deck and stairs contrary to section 430-10

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C section 430-10 and section 430-35 column 10 Mr. Patel. >> Mr. Shepherd. >> Oh, Mr. Shepherd. >> Yes. Surprise, surprise. >> Surprise, surprise. My editor, Mr. Patel, was not here. >> Good evening, everyone. Nice to see you all again.

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>> Okay. >> In a smaller setting. Uh, for the record's purpose, my name is Steven Shephus. I'm the attorney for Mr. Mrs. Patel. It'll see you here to my right. If I may be seated, >> please. Chair chairly properly announced what the nature of the application is.

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Uh, Mr. Mrs. Patel uh presently live at 18 Orston Road and they purchased a house around the corner from them. It's a un kind of an undersized house. It's about 1100 square foot. It's a ranch. Uh and the tax records that were next to the application show that the house was

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built in 1940 and it's uh outlived its useful life. So what Mr. and Mrs. Patel would like to do is demolish the existing house and build what's the classic Cape Cod style house. Most of the living space will be on the first floor. Uh two bedrooms on the first floor, living room, dining room,

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kitchen. Uh nothing ostentatious. Uh next to the application at the very end is a colored rendering of the house. You can all see that application. So it's a neat little car. Couple of dormers up on the top. See, it's a vast improvement from what exists on the property today.

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It's the last is that part of our >> Yes, it's the last page on the application. >> Okay. Thank you. >> Yeah. So, we had the architect do this rendering so that we can get a flavor for what's proposed. Uh the necessity uh for being here this evening is the uh required variances. Uh we're looking for

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building coverage variances. The lot is a compliant lot. It's 6,000 foot in R4 zone which requires 6,000 ft. It's otherwise uh compliant with the ordinance. the houses as it exist today is um out of compliance with regard to sideyard and front yard setback and

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we're proposing to make the house the new house comport with all of the bulk standards except for the building coverage. So without further uh delay I'm going to introduce the u project engineer who's also a licensed professional planner. He's provided testimony to this board in the past on

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similar applications in both of those uh licensed professions. So I'd ask that Mr. Matarazzo which seated to my right would rise be sworn and then briefly state his credentials for the record. Can you raise your right hand please? Do you swear or affirm that the testimony that you're about to give should be the

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truth, the whole truth and nothing? >> Yes, I do. >> State your name. Spell your last name, please. >> Frank Matarazzo, M A T A R A Z O. >> Thank you. Mr. Matarazzo, I've introduced you as a licensed professional engineer and a licensed professional planner. Am I correct in that surgery?

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>> Yes. >> Okay. And your licenses are in good standing? >> Yes. Yes. And you've been accepted by this board in the past in that capacity? >> Yes, I have. >> Okay. So, I'd ask the board to accept Mr. Marazzo as a licensed PE and PP. He is accepted. Okay. Very good. Mr. Morazzo, why don't you walk us through your plan? Tell us what's on the

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property today, what it is the hotels [clears throat] would like to do, and then uh the necessity for the variance. >> Sure. So, the >> ultimately the justification. Okay. >> So, the property is located on the westerly side of Belville Road. It's uh

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located between um Olston Road and Boundbook Road. >> Can you pull the microphone closer to you? >> Okay. Uh it's a conforming lot in the R4 zone, 60 ft wide by 100 ft deep. There's

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currently a one-story dwelling. Now, um can I mark this? >> The package, but you colorized it, right? So, let's mark it A1 with today's date, please. I would point out too that an X to the application are photographs of the existing home.

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There's also an aerial photograph provided by Google Earth. Okay. So um the colored drawing on the left side uh is the ex existing conditions uh where it shows there's a uh single

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family dwelling patio in the rear a uh a shed is located in the right rear corner and a driveway on the right hand side. Um it's a one-story building and currently there's no garage just a driveway. The drawing on the right side is the

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proposed conditions and you can see we have the uh proposed new house. The uh old house will be demolished and construct a new one-story Cape Cod type structure. Uh and we're going to move the driveway to the left side. Uh again,

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there's no garage proposed and the existing shed uh in the rear is to remain. and we're proposing a new deck off the back right corner of the house. Um, that's that's the gist of what's

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proposed. Uh, currently the existing lot does not uh the existing house has existing setback variances uh on the sideyard and the front yard and the proposed new dwelling will

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conform with uh all the sideyard setback requirements. uh front yard, rear yard, etc. as well as impervious coverage. [snorts] [clears throat] Okay. The the only variance we are seeking is for building coverage

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where 20% is proposed and we had originally proposed 25.73%. as well as the combined building and deck coverage which 24% is allowable as a maximum and we were

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originally proposing 28.32%. I say originally because when we submitted this application uh uh since we were uh submitted this application there was a slight modification to an

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entrance on the building. Um, so there's now proposed a um an entryway, a covered entryway on the left side of the proposed building. Let me just show you where it is.

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>> Right here. >> Is that on the plans that we have? >> Yes, it's on the architectural plans that you have. >> And that covered u stairway uh amounts to 13 square ft. So, does that increase the numbers?

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>> That increases the building coverage number. >> What does that increase it to? >> It increases it to 25.95% where originally we had 25.73. >> So, a quarter of a percent. Yeah.

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>> Yeah. And then with the uh combined building and deck coverage uh that gets increased to 28.53 uh versus originally proposed at 28.32. Now Frank, what are these in square

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footages? What's the square footage that's uh proposed in in the house and then the deck down? Okay. So, the proposed house, let's do that, is 1424

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square ft and the front porch is 24 square ft and the side uh entrance way is 13 square ft. I have 2461. That's all right. for for I'm sorry what's it for proposed

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building coverage? >> Yes. >> 15 44 56 >> 1544 plus the 13 which would be 1556 ft. That includes the house, the porches and

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the shed. The shed is included in the building coverage calculation. >> Yes. >> And that's 25.73%. >> Correct. >> Uh currently it's 25.95%. With with the addition of that

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adjustment >> covered entrance on the side. >> The drawing you have it shows uh 25.73%. That's the old one. >> That's the old one. I see. So that building coverage covers that

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building coverage includes the roof over that left side door. >> The 25.95. Yes. >> Okay. Now the the the architectural rendering shows a a covered entry and a staircase for that door where the the

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site plan shows a ramp which which are we >> right that ramp is going to be removed and it's going to be just the steps >> and that's on the architectural plan. >> Yes. And you're proposing that the shed stay in its current location. >> Yes.

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>> And you need variance for that. >> Correct. >> Why does the shed need to have this need to stay in its current location? >> I'm sorry. >> Why does the shed needs to stay in it current location? >> Uh it's just the preference of the owner. >> Okay. On concrete or is it just

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sitting on sand or gravel or something? >> That's a good question. Um, you have a concrete floor. >> No, it does not have a concrete floor. >> Can I Can I ask the reason for the

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change from the ramp to the steps? Was there a original reason for the ramp or >> Mr. Patel indicates he wants steps? >> Okay. I didn't know if there was a reason for the original the original ramp and and the purpose of having two entrances is just in case you want to

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feel like going around the side. I don't know. back or >> it's basically for >> basically for a mud room type of thing. >> Mud room entrance. >> I'm good.

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>> The shed is in good condition. >> Shed's in good condition that you want to keep. Oh yeah. >> Yeah. Yes, it is. >> Have you looked at the engineering memoir? >> April 15th, 2026.

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>> You got a memo? >> We haven't got it. >> Any surprises in there? >> Well, there's a couple things probably. Yeah. >> All right. Well, let's see what you got. >> They haven't received it. Did they say

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>> I have another copy? All right, great. Take a few minutes and take a look at that. legit seemed like didn't seem like there was anything too bonorous on there so

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>> did you see She said he thinks that I'm getting >> I know you're [clears throat] guys see anything that's a problem.

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>> Um, just it I'm sorry. Just item number four. Um it states it appears the volume of soil to be removed will be approximately 150 cubic yards. A major soil moving permit is required and we suggest it be included with this

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application before the board. I >> I take it you haven't made that application. >> No. >> Understood. And are you do you think that that's an accurate number? 150 cubic yards. >> It it actually seems quite high. We're just knocking existing house down and putting a new one in its place.

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>> Well, you could make a condition of if a major soil moving permit is required to make that application. >> Is that administrative? >> Um, it comes here, I think, at that number, right, Tom? It comes here for that 15. >> There's a trigger that it comes to here.

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I I don't know the exact number, but the report says it it's saying that 150 will trigger the major. So if that's correct then they have to come back here. >> The existing property has a basement

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>> basement crawl space type of basement. >> Okay. And then the the new proposed plan will have a full basement. >> That's mean that's probably the volume right there. That's probably where it comes down. >> Good one. And again the plans right now

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there's some changes required to get them architecturally engineers plans to coordinate. So they you know there's still revisions to be made if they've got to come back for the soil. [clears throat] >> Is that one big room or will there be I looking at the plan it just shows one

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big open finished basement. That's how it's going to be. >> Correct. If we make it, we can move on with them. They have to come back. Yeah. >> They have to come back >> if it if that number is correct. >> Yeah, I think they said it's a crawl

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space. So they said it's crawl space right now. most likely cause >> can the request >> that we haven't made the application They have to come back.

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>> They may or may not. >> They may or may not depending on what number is. And if they have to come back on that, it's a >> relatively simple application. I think you'd probably be in and out on them. >> Yeah. Yeah. So, I think uh We >> How about the other suggestions in the in the memo?

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>> Can we live with those? >> Yeah. >> So, you might not even be back. If it's under 150, we have no issues. >> Right. >> Well, I think the cut off is probably less than that. >> You know what? I think the cut off might be 100. >> Okay.

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>> It's 100. Yeah, I think he said >> so all those other all those other conditions are acceptable. >> Yes. >> We you just don't know about the soil permit yet because you don't know whether you're going to eat it or not. >> Right. Correct. >> All right. So um with regards to the

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variances uh this is a uh a var an application for a C2 variance where the granting of a variance would advance the purposes of the MLUL and the benefits of granting the variance would substantially

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outweigh any detriments. I believe that by permitting the variances there will be an over overall improvement to the site and there's purposes of the MLUL which will be advanced. Uh first there would be purpose A

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which is to encourage municipal action to guide the appropriate use or development of all lands in the state in a manner which will promote the public health, safety, morals and general welfare. So, we're removing an existing old house

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which is in uh disrepair and constructing a new house um with two bedrooms and a Cape Cod type uh style house. >> Uh purpose C to provide adequate light,

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air, and open space. The proposed house meets all the setback requirements as well as imperous coverage. Purpose G to provide sufficient space and appropriate locations for a variety of

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agricultural residential uh uh uses um both public and private according to their respective environmental requirements in order to meet the needs of all New Jerseyians. Uh the house

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provides sufficient space in appropriate location for the residential use. Purpose I to promote a desirable visual environment through creative development techniques and good civic design. Uh the

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proposed house replaces an uh an existing old house which is in disrepair creating a nice new house. And you could see that just by looking at that architectural rendering that you have in your packet. Also in review of the master plan

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of the township, there are certain goals um which we are meeting. Uh this is in reference to the 2020 master plan under uh section 1.2 goals and policies.

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Goal number one is to pro preserve and protect the character, density, and aesthetics of the townships established in stable residential neighborhoods by restricting incompatible land uses uh from these areas and significant

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increases in intensities of use. Goal number two is to provide a variety of housing types, densities, and a balanced housing supply in appropriate locations to serve the township residents of various ages, household

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types, and incomes. And goal 11 is to encourage new development and redevelopment to take into account the aesthetic character of the community in an effort to enhance the visual and aesthetic appearance of the

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municipality. >> Also with respect to the master plan, >> let's go back to >> Mr. Matarazzo. Can I interrupt you for one second? Sure. >> So, the existing conditions shows a

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fence um either right on the property line or on the neighbor's property line. Do you know anything about the who who owns that chain link fence? >> No. And they're going to remove it. [clears throat] >> Uh you talking about the one on the left side?

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>> On the right side. I think we're talking about the one on the right side. And there's a if you look at your the photograph in the application, you can you can see it in the photograph. >> Look at the photograph number one. >> Mr. Do you have that handy?

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In fact, it's on both sides of the h the existing house. >> I assume that the fences that are >> that go across between the house and the fence are going to be removed as part of the reconstruction. Is that correct?

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Both both those fences on either side of the property are both all both. >> But there are there are fences >> there there's the one that comes in on the right front which is sort of like a gate type of thing. >> Yes. >> Uh that that will be removed. >> How about on the left side? Will that one on the left side be removed?

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>> It's kind of from the back corner of the existing house to the that's on the left. >> Yeah, that'll be removed as well. >> Okay. But is it your understanding that the other fences that kind of surround the property are on the neighbors property? >> Correct. >> It kind of looks that way on your drawing.

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>> Yes. >> You see what I mean? >> Yeah. That's why that's why I asked. >> Yeah. They're clear. >> But in the picture it looks like it's on his property. >> Well, the one that goes across is clearly on >> Yeah. >> Patel's property. >> But even the one in this picture, it's got the drain pipe from the neighbors.

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>> The drain. Yeah. It's got the turn the light >> on. So that >> picture number four, we're looking at a drain pipe. >> So you're proposing just >> Oh, that drain pipe is from the neighbor. >> That's the neighbor. >> So does that mean you're you're that fence is on the the neighbor's property

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or Patel Patel property? >> The fence that goes along the property line is on the neighbor's lot. >> And the only fence that is on Mr. Patel's property is that gate looking fence. Correct. >> That we see in four. >> Yes.

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>> Very clearly. >> Maybe it's a suggestion is that you talked to Patel's talked to their neighbor. >> Yeah. >> Because perhaps that fence was installed by the previous owner and perhaps it encroaches on the neighbor's property.

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>> We don't know that. I mean, it looks like >> who actually owns the fence. We just know where it is >> and it's on the neighbor's lot. Yeah, typically if it's on someone's property, it's theirs. >> Understood. >> Okay.

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>> Could be. But when you go to leave it there, they may tell you to take it down. >> Okay. >> Especially picture two. >> Okay. >> But then if you look at the your proposed picture in that fence surrounds the backyard of the neighbor's property. Like look at it takes a right turn.

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>> So maybe it is the neighbor's fence. >> Probably check your photos. Yes. >> Correct. >> Okay. >> So, you're going to remove the fence the the shingling fence that's on your client's property

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>> that's connecting to the house. Yes. >> Great. >> Okay. >> Go ahead. >> Okay. Last item in the master plan uh is actually on page 34 of the master plan. Um

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let me just read it to you. It refers to the types of housing in the Lake Haywaka and Lake Parney area. Um says this activity is not affecting all neighborhoods. It just goes on to talk

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about housing stock and stuff like that. Um so it says um throughout Porony are upgrading their homes. However, in terms of new construction, Lake Hayawata and Lake Parcipony by far are seeing the

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most activity because these neighborhoods are fully developed and new construction takes the form of single family tear downs in contrast to most other areas of the township where development likely is a new subdivision or town home development. The

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enlargement of existing homes and development of new homes can have both positive and negative impacts. On the one hand, investment by homeowners and the introduction of new dwellings generally enhances the housing stock by

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adding modern amenities that today's buyers seek. Okay. And then it also goes on to state that as these neighborhoods uh were developed, Cape Cod and ranch style homes were added but the small lots

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meant that homes generally remained compact. So in today's homeowners and developers often seek to maximize the development potential building out to the maximum extent allowable by the zoning requirements. In some cases, the result

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has been new homes that stand in contrast to the surrounding character and items in terms of bulk and setbacks. So, we're complying with the setback requirements. It's really just mainly the building coverage, but we are

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proposing a singlestory building uh that's a Cape Cod style. We're not constructing a twostory building which would have more living space. Uh so it's not the typical living room uh dining

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room, kitchen on the first floor and bedrooms above. We're doing it all on one level where we're having bedrooms, living room, dining room, kitchen. So we need a little bit more floor space on the first floor. Basically what it comes down to.

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And no living areas in that area where there's dormers. Correct. >> No. >> Well, I would say this that and and so everybody understands there's no attic per se, but there is this area above where the dormers are and there is potential for somebody to use that for

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either storage or perhaps a bedroom. Uh so I don't want to say that it's never going to be used, but the way it's laid out presently all the living space is on the first floor. >> How do you access that? Right now it's only shown with like a pull down staircase. Not to get into that, but I mean there is the potential that

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somebody could add a set of stairs. It's not an attic per se. It's actually like a partial second floor. >> Sure. >> Standard old cape. Standard cape. That's >> exactly >> great. >> Testimony complete. Um so with regards

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to the benefits or the positive criteria um it's my opinion that by permitting the variances there [clears throat] will be an overall improvement to the site and the proposed house advances the purposes of the MLUL and advances the goals of the master plan with respect to

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negative criteria by granting uh of the requested variances there will be no substantial detriment to the zone plan nor the surrounding properties. In my opinion, the granting of the um building coverage will substantially

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outweigh any negative impacts. >> All right, last question. I count 357 square ft of coverage uh 1557 proposed and 1,200 permitted. Is that correct? >> Correct. >> Okay. So, that's really what the variance is all about. >> Yes. >> Okay.

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>> I I have one question. And uh we were talking about doors or the front door and the side door. And the front door and the side door has a porch roof. >> Yes. >> But I'm assuming because normally a garage is on the side to the laundry room. So there would be access from the

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garage to to the laundry room into the house. >> There's no garage. >> But there is no garage. So they made a a a usable door for them when they pulled their car up. Correct. >> Is that the purpose of that? And the back door goes to the deck. >> Correct.

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>> Okay, that's all I wanted to clear up. >> Any questions from the board? >> And the washer dryers are on the basement. >> The laundry room. >> No, the laundry room >> where where they go in >> the laundry room. >> The mud room. >> Yeah, the laundry room is uh >> Yeah.

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>> On the first floor. >> Where's the doors that I was talking about? >> Anything else? Are there any other questions? >> Madam Chair, I just have a want to clarify the soil moving if I might. >> Yes, please. >> Um, the ordinance says that 100 cubic yards and over is a major soil moving

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permit. The existing footprint or the proposed footprint of the building is approximately 1,400 square ft. Um, right now the building has a crawl space per the testimony. If you re if you lower the crawl space floor by 2 feet,

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>> you trigger the major So I think you're I think you're going to be a major. >> So that's going to require a return to the board >> and you're in agreement to do take care of that with these software. Okay. >> Any other you want the board to move

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forward with this application that if you need to come back for the major, you'll come back for the major. >> Right. Okay. And at that point, we could look at plans that where the engineering plans and the architectural plans are coordinated with respect to the doors and the coverage and all that stuff.

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>> So, we can't do it as a condition. >> No, cuz you don't have [cough] the numbers yet >> for for what? I'm sorry. >> For the soil moving >> you haven't made they haven't made the application. >> So, you need to know the exact number. You don't need to know just that it was triggered. >> They need to make the application.

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>> H okay. >> Yeah. Typically, you right. They've been they haven't made the application. >> Yeah, they make the application. The board engineer, the township engineer does a report and submits that to the board for consideration. >> Okay. >> Well, let me ask you this. Since we noticed for all other approvals of

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permits and necessary, could we handle the condition uh with the notation of 150 cubic yards? >> Still going to come here? >> I just thought perhaps we could handle it tonight. Don't >> speed anything along. Still got to get back to you before you're going to get your permit. Right.

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>> Okay, fair enough. Are there any questions from the public on the testimony that has been given in regard to this application? I see none. >> For or against >> for the application or against the application? I see none. Thank you,

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Professor Ell. >> Thank you. >> Would someone like to make a recommendation to approve this application with the Yeah, I'm going to recommend >> Okay, with the application for SA will be per >> Yeah, I'm going to recommend I'm going

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to be approving this. Um, they're improving where they're living now. Everything makes sense. Um, they're going to come back for their saw moving. They agreed to all the other conditions of the engineering department. The house is going to look the way it should in that neighborhood. So, I will say yes.

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You want to be here for >> can I go for the >> application 26 col 11 dh and githaben patel 19 belville road block 242 lot of

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6 zone-4 to issue a grant rece to construct a new single family dwelling covered for shed and open decks and contract to section the 430 30-10. See section 430-10 and section 430-35

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column 10. And with all the conditions that we discussed here, is there anything else? John, >> no, just the conditions outlined in the engineer as well. >> Engineer list. >> Second. Join. >> Dro, >> yes.

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>> Jas, >> yes. >> Yes. >> Yes. >> Yes. Yes. >> Ready? >> Yes. >> Yes. >> Thank you very much. >> Good to see you, Mr. Shepherd. >> Yes. Nice to be >> Hopefully we will be seeking you soon.

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>> Soon enough. >> Hopefully. Hopefully. >> One more time. >> Application number 2614 shop 58 Canton Road block. Oh, you still have another one. I

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apologize. Getting ahead of myself. Application 2617 Azie Nazi 120 Park Road block 98 lot 59.2 zone R1 a Dvarian to legalize a two

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family home. >> Good evening sir. >> Good evening. >> You raise your right hand please to swear or affirm the testimony they decide to give should be the truth, the whole truth and nothing but the truth. Yeah, >> you can state your name and spell your last name. >> Z last name. N I A Z I.

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>> You can have a seat. Just make sure you use the microphone. >> Okay. >> And explain to the board everything that you're here. >> So, I have a lot of stairs in my house and uh this house is rather large. Um

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so, I'm building this uh bedroom and a bathroom on the side for my parents. you go. >> So you >> there's no stairs for the side. They can pull up right in front of the door and

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uh >> So have you already constructed it? >> It's been constructed when I bought the house. >> So So how how is he here? Is this a uh I spoke to the applicant on the phone

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about this. >> They put an ad in online, I guess it was, >> brother. Yeah. >> Which was a total mistake. They don't really want to have a rental house. And I discussed it with the applicant that you would agree to the standard deed

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restriction the township has that it's only for relatives that nature, no rent, etc. And file it with the county code. >> Yes, sir. >> So, wait, wait, wait. So why did he put an ad in the in the paper? What was that? >> It was an idea of your brother. >> My brother

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>> to rent it out. >> To rent it out. Yeah. Because I travel and uh when I was not here, he tried to put it up and uh when I came back, I was following this. >> Okay. Removed it. >> Okay. >> But somebody picked it up in the township. >> Yes.

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>> And which is great. >> Yep. >> And the town is doing it job. Do you do you agree to all the restrictions that I just outlined? Yes, I do. >> So, your parents live there in >> Yes. >> Oh, so >> they travel to rent it out from under them.

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>> Sounds like your brother did. >> So, does your brother live there? >> My brother. That's a big old >> Okay. >> Is that the one on the right side is going out Park Road to 202? >> Yeah, it's on the left side. >> Yeah. On the right hand side. >> On the right hand side. And it's it's um

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>> No, >> it's real long and there's many garages and >> Yeah. Yeah. >> Yeah. >> I I know. [laughter] >> So, what are we doing? If we want to approve this, we're approving it with a deed restriction.

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>> Yes. Okay. >> Yes. It's a D variance. >> Okay. >> So, are you the owner or your brother? >> I am the owner. >> Okay. What's the year of construction of this house?

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>> I am. No. 1960. The guy who lived in the house, who built the house, was a major disaster recovery home builder uh 20 years in a row. One of the largest companies rebuilt this house over the last 30 years.

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>> He's revamped it. I mean, he's revamped the whole house. >> Revamped the whole house? >> No. All new windows. Everything's new in it. New doors, painted, sided, everything. >> Was this unit existing when you purchased the property? >> Yes. So it is not an additional unit.

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What it was uh he ran the disaster recovery company out of his house. >> So this was part of his business. >> So it's a home office. >> It was more than home. He had like almost 40 employees working out of that place. >> Out of that place >> and we never got we never caught that one.

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>> Yeah. [laughter] >> Okay. >> So we're really not making legalizing this as a two family anyway. >> No. No. >> No. Well, it's a second kitchen. There's another kitchen in there, right? >> That's correct. >> That's why. >> This is the drawing.

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>> Excuse me. This is the drawing that we presented. So, this is what we're discussing. >> That's correct. That's correct. >> Thank you. >> It's all there. >> It's been there. >> There's no addition, done, nothing, no going up. >> So, we're asking for a deed restriction

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and you will be accepting that recommendation, >> correct? for as per Mr. Okay. >> So after after this the approval family >> with the deed restriction. Yes. >> So the deed restriction will um indicate

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that it can only be rented to blood relatives. Correct. >> Is it allowed to be rented? >> Inhabited. >> Can't be rented for a fee. Correct. It can only be occupied >> by family members.

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>> Right. and potentially live in help for my parents if they if they need it because right now my mom is in the hospital and she's going to need help. So, we're going to need to have a livein help coming >> Monday through Friday most likely.

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>> Just trying to work through in my mind. I was anticipated that I'm pretty sure >> been around for quite a few years. >> Do you have a copy of it? Let's see. John off someplace. >> Okay. >> We've been using it as a standard de

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restriction. >> I I've never seen it. I'm sorry. >> No, never seen it. >> Okay. Fine. One. >> Okay. The guy that played football for the Jets would lose up off of into Lake at the same. >> Okay.

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>> So, that would would that allow living health to live there or would that not allow living health to live there? >> I think it's silent. >> How does it not? Yeah, because if if it's medical, you know, I don't know how you can say no, >> right? That's my point.

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>> Especially not a transactional life. >> The idea of having caregivers living at in a person's home with you is not unusual any stretch. >> Exactly. >> And nobody's going to go running out there when it's only >> Yeah. Right. That's not what we're

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>> That's okay. Yeah. >> Sometimes after your brother put that ad in. >> Okay. put that as the same part of the same thing like obviously family member and if needed medical >> assessment I can craft something. >> Yeah. >> Okay. We have faith in you. >> One last [clears throat] question I have

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is like how can you uh on the building or how can we put something that [snorts] like you know somebody don't want to say his brother again is going to put out for rent. >> That's what we're doing. We're making it so you can't rent it. >> That's on the building. Okay.

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>> No. >> Are we going to do anything? >> No. >> No. >> Well, you're not going to have there's no Is there separate electric? >> No. Everything is >> there's no separate electric. There's no separate water. >> Water. >> Okay. So, we can So, there's not going to be any separate utilities. >> Yeah.

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>> You put that in here as well. >> Except kitchen, I believe. Right. >> Same. >> But they're paying the same bill, right? It's the same bill. It's just not >> like water bill, electric bill, everything. >> Oh, yeah. Right. just one confirmed. >> The restriction will make it so that

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they can't do any of that. >> They Yes, they can't separate the leaders. Can't have >> It's technically not a two family at that point. >> They can't for rent. >> I have another question. >> Do we have any questions from the board of this applicant and his testimony?

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>> Any questions from the audience? >> Please come forward. >> May we have your name, please? Your address. >> Do you have a question or do you want to >> No. Well, I both. Okay. I have a statement, but it might depend on what this application is. I live across the

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street. I live at 105 Park Road in Paripity. My name is Richard Corbett. Um, and I've been living there for the past what 15 years or so. And um the variance that as I understood it was for somebody to dwell there like to rent it

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as an apartment or multif family dwelling. So that's you're saying that that's not happening here. Correct. Correct. Okay. So, it's just a family dwelling. In other words, somebody in the family. However, I will say, and with all due respect, Mr. Nazi, because I live across the street, there's a lot

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of school buses stopping in front of your home. There's a lot of school vehicles stopping in front of your home. Um, there's a lot of traffic coming in and out of your driveway, and I have a picture of the Sunday night garbage, and there's not one family living there. So, that that is my with all due respect, sir, that is my concern. when I I live

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right across the street and you are my neighbor and so you know I I do have respect for you but when I see six garbage palels in front of the house on a sun on a Monday morning there's not two families living there. Okay. So that is my concern and

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respectfully ask this zoning board to protect the integrity of Park Road because it's a beautiful place to live. It's a winding road and it's not designed to accommodate multifamily units or apartments. And I believe with

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all due respect, sir, that actually across the street we have people dwelling there that should not be living there. >> I can prove it. No, sir. I cannot I do not have I do not have evidence except my my observations. Thank you uh to the planning board for all that you do.

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>> Right answer, >> please. >> We own Rayjack Bus Company. We own about 80 buses and bus company is usually the drivers come out of in and out pick up my wife drop her at the office bring her back to

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the office. My mother also works there and she come every now and then at our house. So she doesn't drive. So our bus drivers drop her pick her up and the garbage usually we don't put the garbage for weeks because it's you know drive.

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You've seen our driveway. We're bringing it all the way from the back to the front. It's a hassle. So we have six, seven garbage cans, about 10 probably out all of them. So once a month we took all our garbage and put it out there. >> So you store garbage for one one month

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>> probably >> in the garbage bales >> maybe more. >> How many people actually live in the home? Exactly. So it's me and my two brothers and their wives and we have four kids. >> Six. >> My mom and dad travel. They come and go

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as it is. >> And then your mom and dad, but you said your mother-in-law also >> mother-in-law comes every now and then. Yeah. And uh she is also working in the bus company. So the bus company, >> but everybody who lives in the house is family. >> Yeah. They're all you can look at, you

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know, they're all family. >> Okay. >> And like I said, it's a rather big house, you know, compared to the street. I think we are the second or third third largest house. on the street. >> Okay. >> How many bedroom?

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>> 13. >> Was that 8,000? Did you mention it was an 8,000? >> 6,500 is recorded. I think kitchen uh uh the basement and the garages all together.

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I do know that there's a lot of Amazon packages and everything out there all the time. >> You need to speak with my wife. Please, please restrict that. [laughter] >> Yeah. >> So, what do we do? >> They're in the rain.

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>> In the rain, the deer come that said the deed restriction keeps it from becoming. >> That's right. >> Right. That's all you >> Yes. The deed. >> You guys can come check the garbage right now. We just cleaned the desk. So that's problem. >> Not my not my problem. >> No problem. I'm not looking at your go. >> Okay.

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>> Any other questions from the board? >> I'm good. >> Any questions from the audience? Pro or con of this testimony that was given >> this evening? Excuse me.

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>> We had it already. Would one of the board members like to make a recommendation pre please to approve this application with the deed restriction that >> yeah the applicant uh is uh requesting

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for the family needs and uh of the testimony we believe that he is honest and he is uh explaining us that this is a big family there's no other families or no rental people are living there other than their blood related or

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family related one and uh uh when it comes to the two family home it is like a deed restriction not to be rented to others only family needs and garbage situation I don't know what's going on

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with that uh that that they may not they can manage that uh >> okay >> with the neighborhood whatever Application 26 col 17 Azy and the Azy 120 Park Road block 98 lot 59.2 zone R-1

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recommend granting a deed variance to legalize a two family home with the deed restriction that has been discussed that it could only be occupied by family members and not to be rented to anyone. Second go.

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>> Mr. As you heard, we all ride by there a lot of times. >> So, >> come on down. >> Okay, I'll vote yes. >> Josh, >> yes. >> Modi, >> yes. >> Yes. >> Yes. >> Ready?

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>> Yes. >> Yes. >> Applications approved. Application of the 2614 Shaw 58 Canton Road block 262 lot one zone R4 a C variance to construct an additional an

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addition contrary to section 430-10 I section 430-35 columns 10 and 13 Mr. Shaw Mr. Sure. Good evening. >> Raise your right hands, please. 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. >> Yes, sir.

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>> Have a seat. Just make sure you use the microphones. >> Questions. >> Okay. Um, sure. Why don't you come on up? [clears throat] >> So, we don't have any expert uh architect or engineer with us. Uh, >> I thought that was your [laughter]

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engineer right there. Sure. >> Is that your engineer? >> He's he's a family friend. >> Do you have anything to do with the drawings? >> No. >> Okay. All right. Then you can just ask >> No. No. That's That's >> Did you spell your last name? State your names.

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>> S H A H. First name G O T J Y O T I. >> And my first name is Manu. H I M A N S Hu. Okay. >> So, um, what is it that you'd like to to do here? >> So, we had a fire in the house. uh

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sometimes in November and uh we've been living in Pipony for 35 years since our our marriage and we have been living in this house for 20 years. There was a fire uh so we just

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saw in little opportunity to make it a little more comfortable downstairs because her father he visits once in a while. He's 85 88 years old. I'll be turning 65, so we may need to live downstairs. So, we just want to extend

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the the the bedroom downstairs and make the bathroom a little more comfortable. And upstairs, just make a little living closet. I mean, a walk-in closet. That is the only change that we are looking for.

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>> Sir, have you received a letter of June 16th from the engineering department? >> Yes, you have. So you need a combined >> you need three variances correct >> you need three variances. Yes.

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>> Okay. >> Do you have this? >> Yes. >> Oh, yes. Yes. Yes. Yes. There. >> All right. So, um, this is 46. Same thing. >> Yeah. Mine is actually

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revised. Never mind. I'll look back. >> No, no, no. The zoning the variances that you need. >> Oh, it's less. >> Yes, it's less. >> It's a little bit less. The impervious coverage has gone down. >> Yes. >> Oh, that's because you removed part of

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the driveway. Is that right? Yes, that's right. It's less than what's there now that >> and the well the yards and courts is bigger but the building coverage well no I'm sorry the impervious coverage has gone down the other ones have gone up

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>> yes the drawings >> so so did you also lessen the size of the deck >> uh very little I think the stair case is going cutting off. Um, >> let me let me help you out. What

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triggered this is your father is going to >> he's going to probably >> live with you or be there quite a bit. >> I'm sorry. >> He's going to live there or he >> comes lives like I would say few weeks every summer >> and now he's going to need a handicap

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accessible bathroom >> cuz he's using a walker now. But I think pretty much he's going to need a wheelchair. So, we wanted to make that bathroom downstairs, you know, expand it and make the room a little bit bigger so we could have the >> It's a two-story edition. The first floor is for what purpose?

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>> First floor is where the uh >> bathroom will be extended and he's going to stay there. >> And the second floor, what's that? >> We're just since it's going up, I'm just going to have a walk-in closet, which I don't have in my bedroom. >> That whole area will be a walk-in closet. >> It's like a It's going to be like a

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dressing area. Yeah, dressing area and walk-in closet. That's what we're >> have to buy some new clothes and fill in this. >> That's it. Absolutely. >> And how much of the house was damaged by the fire? >> Uh the room on the left side, the center

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room, the whole room is gone. >> Were you able to live there after the fire? >> No. No. We've been vacating We vacated that house the same night, November 15th. We've been out and we've been renting. >> We don't know how long the insurance is going to pay, but we're still renting. the townhouse

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>> and the and the home that you're going to move back to is you're doing the construction now or >> not yet. We have to we all we got the permits just the building this tie this all together.

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>> Yes, we want we're out. We just want to finish this. >> Okay. >> Any other testimony that you would like to speak of? No. There any questions from this board? No. >> Any questions from the audience? >> Yes. >> Please comeward. Please come forward.

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>> Okay. >> May we have your name and address, please? >> How are you? >> Um, >> make sure you're using a microphone. >> Thank you. >> Kathy Tero, uh, 176 Longport Road, Paripony. Do >> you have questions or

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>> Um, I just really wanted to know exactly what they were doing. Um, I live directly behind the back of their house on Longport. >> I apologize. What road do you live on? >> On Longport Road. It It's right I'm my

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sideyard is directly behind their the back of their house, which is actually like my backyard because my house runs long. So, um, so I my house is literally right behind theirs and I'd like to just know

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what exactly it is they're doing. >> Well, let me just show you. You want somebody else to show you? >> No, you can just >> You can answer your question. Just make sure you're using the microphone when you answer her question. >> This is Road. >> Okay. Road. This is our um

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>> You need to speak up answering her question. This is the fence. Our white fence. >> Okay. >> Right. And this is where our deck is. >> Okay. >> Right. Uh deck is right here. So all we're doing our house is right now like a L here. We're cornering it off.

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>> Oh, you're just doing that little section >> 10 by 12. >> Is it is it in like this section here? >> Exactly. So that's not going to be anymore. It's just going to be square. >> Oh, okay. All right. And now I just one

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other question. Are you doing anything with the landscaping trees or >> not? >> Okay. Okay. Perfect. >> Does that answer your question? >> That's true. I like >> No, I like trees, too. I was afraid you were going to take them down. >> No.

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>> Okay. Great. >> Okay. Wonderful. >> Are your Are your questions answered? >> Yes, they are. >> Okay. Great. >> Okay. Thank you. >> Thank you. >> Are there any questions from this board? >> No, ma'am. >> Not for me. my members like to >> improve >> this application, please.

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>> Oh, okay. Uh, so, uh, I think it's a, you know, obviously it's a needed a needed fix and while you're at it, you might as well improve it and there's nothing too drastic being done and, you know, you're going to have to spend a lot of money on clothing for the closet. But other than that, I think this is a a

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nice addition and a and hopefully a welcome back home. So, I'll be voting yes for it. condition being complying with the June 16th, 2026 memo from the engineer. Correct. >> He's going to read that in now. >> He's going to do that now. Uh

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application application number 26 col4 Jisha 58 Canton Road block 262 lock 1 zone R-4 to issue grant a receive variance to construct an addition contract to

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section 430-10 I section 430-35 column 10 and 13 and in compliance with the engineering engineer reports uh as well as anything counts. >> No, just the engineer.

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>> Indian got something. Second, >> third. >> Dra, >> yes. >> Yes. >> Yes. >> Yes. >> Yes. >> Yes. >> Ready? >> Yes. >> Yes. >> Congratulations.

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>> Approval. Thank you. >> Lots of luck. Lots of luck to you. Okay. >> Um, we will be taking a five minute break before we hear the another the other application.

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>> We need to call in favor. >> All in favor? >> All approved. I >> here. >> Thank you. All right. >> Uh, application 2625, three Paripony

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Developers, I know it as Topgolf LLC 1259-1269, Route 46, Block 729, lot 6.02, 02 zone 0-3 preliminary and final major site plan

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with C variance to modify the previously approved lighting plan. >> Good evening everyone. Joseph O'Neal Galo O'Neal here on behalf of Shri Developers and Hot Dog. >> Okay. >> Probably wondering some of you what we

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are doing here, how we got here. We're going to do a couple of brief comments about that. When we got the approval for Top Golf a couple years ago, uh it attached a lighting plan. That lighting plan turned out to be wrong. It it had a lot of dark spots in the field. It

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wasn't picked up at the time we were doing the approval. So, as it came time to build everything, new lighting plan was and that lighting plan showed the whole field illuminated, but there was concerns about spillage coming off of

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the field into ne into the highway 46 into neighboring properties. So, that generated a lot of concern. Obviously, I would have had serious concerns. He articulated them in his report. The administration here had concerns about it. So what was decided

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was we would come back here and uh talk to you about it. The town asked us to do asked Tom Golf to do notification over and above the statutory notification. They actually sent letters to residents

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of office that could see the problem and put forward a phone number that they could call express. Uh >> that's beyond the 200 foot line. Correct. beyond the legal, which they did. >> Uh, and I understand also your client

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made um the property available last night with the lights on for either members of the board or members of the public to view the conditions with the lights on. Is that correct? >> That is correct. I want to address that a little bit. But we're here under a section of the ordinance you might not

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be that familiar with concerning heat, noise, light coming off of property. These are not variance conditions. These are design waiverss if you're going to be granting them at all. The idea is the town wants you to comply to these

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things. Uh they don't want things that are very loud. They don't want things that smell bad like cannabis growers or something. You got to take extra precaution. And they don't want glare coming off the property.

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So when this issue came up, there's a provision in the ordinance to provide the determinations of these conditions will be made in the field. That's what we did last night and we invited everybody to that. So you kind of

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witnessed that. That was full load on the lights that they're going to be turned to when the site is operating and the conditions in the field. Except for, of course, they did not have any plantings. You may have noticed we

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proposed plantings near the entrance that would block the view of the building completely, but they just weren't ready at time. >> Are those plantings between the screen and the curb? >> Yeah. Okay. So that will that screen

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that >> they'll scream the net through the net when you're turning in. You won't be able to see up. >> So we So I guess I'll jump ahead a little bit because I went out there last night and it it's astonishing how little

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the light actually comes out. You have to look and at the point where the light is, it's super bright, but it really doesn't come out at all. >> Yeah. >> It was less than I even would have thought. My my my question is >> the one I didn't like is the netting.

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>> I guess you put up the darker netting, >> the black one. >> But I don't think you need it. I think it makes it look worse. But you said there's plantings. >> Yeah. >> Well, >> do you really need that dark netting? I guess you >> can I clarify that a little bit just to Mr. O'Neal is quite

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>> D. I'm sorry. >> Yeah. So, you're you're witnessing it in the field. Um the netting that was proposed that's about 40 ft worth of that screening netting on the 170 ft net that's right there on the side >> and that's letting

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about 30% of the light through. So during the day you drive past it you can see everything through it but at night it's really taking all that light out. We've got an exhibit that you haven't seen before because we weren't sure what the netting was going to perform at and

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we wanted to measure that. So, I'll mark that as A1 when we get going. But, we took those extra precautions to make sure there was no glare going and we did capture all the glare we said. Um, so that was the field test and

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here we are tonight basically asking for the amendment of the light plan to what it is now. I'm not asking for any wave or variances or anything like that because there's no light spillage yet. I think everybody who was out there and I'd like the board to Mr. Johnson to

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kind of find out who was there, who was not, but I think uh you'll see as we go through the application, we've addressed everything. >> Sure. >> Yeah. To Mr. O'Neal's point, I I know I I drove by there last night and then the

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members of the board can indicate whether they drove by there or not. >> I was there. >> I was there. I went in even walked in the building with my daughter. >> Yeah, [laughter] signed it. >> I did. Okay. >> I wasn't able to. Okay. So, other than Neglia and everyone

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else, >> go ahead. >> Did you find it to be right? >> So, who do you who do we have here? >> Yeah. Good evening. >> 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? >> Yes, it is. >> State your name. Spell your last name,

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please. >> Todd Waldo. W A L D O. Uh when Topgolf first appeared before this board back in December of 22, I believe it was, we pledged to be a good neighbor, good corporate citizen within the township of of Pipony.

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Uh we hope that we've demonstrated that by uh responsibly redeveloping the old office complex into a worldclass golf entertainment venue. Um tonight we, as Mr. O'Neal alluded to, we're simply uh seeking a reapproval of our lighting

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plan. Um over the past week or so, we've gone through an extensive process of calibrating the driving range lights, and what that essentially resulted is making some adjustments to minimize uh and mitigate the light impact to

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offsite properties. Uh our team was um on the property last night to do some testing, measurements and things of that sort to confirm that uh there was no light spillage across the property line. We took several measurements along the

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property line. Certainly, as Mr. O'Neal alluded to, we have uh installed some light mitigation measures on the property. one being that fabric screen that everybody saw uh which has helped to diffuse the light from view offsite. We've also added some glare shields on

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the driver range lights. Uh we've made some adjustments to the lights and we've even uh are pledging to make some oper operational restrictions uh to turn those lights off and we reduce them further after we close. So uh what you saw last night is the proposed

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condition. Uh we do feel that that fabric screen is essential to again preventing any type of uh impact offsite. Uh we have installed the landscaping. We thought that uh we didn't quite know this is the first time we've ever installed something like this

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before this fabric screen. So we didn't quite know how uh the extent of the effectiveness of it and had originally thought well maybe we could supplement that with some additional landscaping. uh based on what we observed last night and the testing that was conducted, we feel that the landscaping that's out

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there now in combination with the fabric screen uh essentially solves the problem and mitigates the issue. Um so certainly um open to questions from tonight but um we do feel that uh again that has gone a

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long way to mitigate uh the light impact. is your testimony that if that extra netting wasn't there, you would have think you think you would have had a problem. >> Well, you know, certainly that's a additional preventive measure um will go through the calibration process. It's a learning a little bit of a learning on

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our end is too. You know, when we build these venues, our intent is not to impact our neighbors. Uh and sometimes that just takes a a process to go through to calibrate the likes and make those adjustments. I do feel that with the fabric screen up now uh that that goes a that goes uh a whole lot further

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than any landscaping we could ever plant out there and the fact that it is immediate screening as opposed to something with planting trees takes time for that to grow 5 10 years for it to get to an effective height. Uh so we do feel that that fabric screen uh

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certainly is the most effective screening measure possible. >> So I I agree you've been great. I think you're going to be a great uh addition to the community. >> It doesn't look great, >> right? >> That's the problem. So, I have two questions.

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>> Sometimes they have these screens that could have um a print on them, >> whether it looks like fake landscaping or something >> cuz it almost looks like it's a big trash bag that got stuck on the wall. I I would love if you could see if you

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really need it >> and just have the other netting because if you don't need it, it would look I think it really I know you want to be considerate to the neighbors and it's important that you're that way, but >> I don't want something that people are [clears throat] driving by and it's

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like, man, that looks ugly. >> I don't want more shre or more. >> We certainly could we certainly could do that if it's an aesthetic issue. If you're saying that it doesn't look as attractive, we do feel that that is the most effective screening method for the lights. Okay.

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>> But we can certainly soften that by adding some more landscaping. >> That would be appreciated. That would be good. >> Sure. I I guess I guess I didn't notice I mean there's been Listen, everybody knows social media. There's a complaint about everything about everything. So you we've seen tons of complaints about the poles and the netting and my wife

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said it looks better with the netting than it just with the poles. Um, the only thing that ever caught my eye that made me feel that it was stuck out because I know we talked originally about having the building the other way hitting it out towards 287 >> and that just wasn't possible because of

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the parking situation and that was well explained >> in many meetings that we went through because I know we talked about it a lot. The only thing that's ever stuck out to me that's been an issue there for me was the black the the the fabric screen, which I appreciate the the attempt and I

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appreciate the what you guys have done. Um I think that if we could find a way to make that look nicer, look a little more aesthetic. >> Let us work towards softening that with some landscaping. Uh certainly that will take time to grow as we've talked about, but at least it will will help minimize

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impact along the roadway frontage. And isn't I've not I've not been to Sorry, Betty. Lo, one second. Um I've not been and played at a Top Golf or used a Top Golf, but is Don't you have boards that go out there as well? Is there boards out in the outfield? Oh, no. There's not. I thought there was some kind of

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like video boards or anything. >> At our Edison venue, there is, you know, a television screen out there, but that's that's not typical. Okay. And quite frankly, we just don't have the space on this property to install something like that. No, I was just I was just wondering if it was outside the

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actual netting, but then people could hit it when the place was closed. >> Well, in in the case of Edison, it is. It's outside of the netting, but we do feel I do uh understand your concern there about the just the aesthetic of that. Uh so, let us work on getting some landscaping in,

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>> right? And I maybe you want to think of putting some mature trees in there. Mhm. >> It's It costs money, but they're mature and they will >> hide in perfect uh situations. >> Yeah. Well, we you know, certainly some evergreen trees, something like that

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that will provide a solid screen. >> Our varieties grow fast. >> There's a number of varieties that grow very very fast. >> Yes, sir. Yeah, we've talked with our landscape landscaper about that and they have uh >> recommended a few varieties. Yeah,

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>> he's a is a beautiful place, but black one doesn't know. >> Yes, sir. Yes, sir. We understand. Well, we'll we'll uh we'll certainly want to be cognizant of any trees that we put there so they don't grow into the rideway and right >> uh so we'll have something more vertical like emerald green are provided. Yes,

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ma'am. >> I have 90 of them in my backyard. They're 40 feet tall. He's laughing cuz he they're 40t tall and you can't see anything. Well, we we thought that may be a potential concern, just the aesthetic of it. So, let us let us work

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on getting some landscaping in >> something look good from uh you know. >> Yes, sir. >> They're going to be working on that and we we appreciate that. I have a question. Uh Mr. Chadwick's letter as of June 8th, item number five, you did mention hours of operation and possibly

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changing. >> Oh, yes. So, let me clarify that. So, uh, the venue generally will be open Sunday through Thursday from 9:00 a.m. to midnight and then on Fridays be extended hours potentially to 2:00 a.m. And what I suggested is that after the

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business closes that we would further dim those lights uh, and just for conversation purposes to like 20%, just there's maintenance that needs to be done in the outfield, picking up balls, making some repairs, things of that sort that we just simply can't do when the

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business is open. Uh and then after those maintenance operations cease and we'll shut off the lights completely. >> And what time do you think that will be? >> Well, that generally is 1 to two hours after we close. So when you take them down to 20%

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uh and with that screen that fabric screen in the back, they will be I don't think it'll be noticeable at all. >> Okay. >> But shutting them off entirely after those maintenance operations uh conclude for the night is the is the intent. Did you have an hours of operation in your original? >> Yes, sir.

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>> What were the hours of operation? >> As I just stated, yes, sir. >> So, that's not changing. >> Correct. >> What? >> 9:00 a.m. to midnight Sunday through Thursday. And then on Fridays and

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Saturdays, potential that it may be open as late as 2:00 a.m. So, we just have to figure out where the right >> resolution of 2 a.m. >> Yes, sir. >> Yes, sir. >> Okay. >> One Friday. No later than 2 a.m. >> Yes, sir. That's correct. >> When do you hope to open?

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>> Well, if you've driven by there lately, which it seems like the majority of you have, uh, construction's coming to a close. We made great progress and, you know, we certainly have valued the partnership with the township to bring this thing to reality and our goal is to open this in the next couple of weeks. >> Great.

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>> So, the lighting plan that appears to be in the package shows, I think, and maybe Mr. medalist can correct me if I'm wrong. >> Light spillage beyond the property line. Are you telling me that that exhibit that you have that is a new exhibit >> is a new exhibit that eliminates that?

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Is that accurate? >> That's right. >> Okay. So, why don't we mark that you mark that as a walk? >> Okay. >> We have some individual handouts or smaller sizes be more difficult to see, but that is uh something we can walk you through if necessary as well. >> Please do that.

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>> I think that I understand Mr. O'Neal, your your indication was that no waiverss or variances are needed. >> That's correct. Let us introduce Michaela Magguire. She's with Stonefield Engineering. She's the engineer of record uh licensed in the state of New

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Jersey. She has been on this project from day one. Uh and she can go through some of the technical aspects of it uh and certainly walk you through this new plan. >> Sure. >> Can you raise your right hand, please? Do you swear or affirm that the testimony that you're about to give shall be the truth, the whole truth, and

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nothing but the truth? >> Yes, I do. >> Can you state your names by your last name, please? >> Michaela Magcguire. Last name spelled M A G U I R E. >> Can you go through your applica, your credentials, please? >> Yes. I'm a licensed professional engineer in the state of New Jersey. My license is in good standing. I received my Bachelor of Science in Civil

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Engineering from the University of Delaware. I have almost 9 years of experience in New Jersey. I've been accepted over 50 times as an expert across the state. Great. You're welcome. You're acceptable. >> Thank you. Can I pass these out starting on this side?

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>> I have a question. So, if they don't have any V or any So, what are you doing right now? >> Well, I'm not sure they're asking us to approve anything but we're asking you to approve the lighting substitute.

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>> Gotcha. Now, there's no variances or waiverss associated. So, it's a it's it's an amended it's an amendment to the pre-existing approved site. Okay. Is that what we're doing? Okay, >> that's correct. >> Okay. So, I can talk through this

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exhibit. Um it's shaded dated June 17th, 2025. And this is a modified lighting plan from the um May lighting plan that was submitted. Uh as mentioned, Topco has uh made a couple changes um based off of some comments about the

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illumination and the glare. Um the first one being the output. So the original illumination approved output for these lights um that are on the facade facing the out outfield was 100%. The plan we submitted in May had it at 75% and then

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this plan we're showing today is at 60%. So 40% um dim. These fixtures have a dimming feature um that you can change the output. Um so again it's dimmed 40%. So the illumination in the outfield is a lot lower as you're closer um to the

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building. It's around 10 to 12t candles and then as you travel out towards Route 46, you're essentially getting to zero um right at that net. I'm >> just going to stop you there for just a second because I want to explain to the board why we need the illumination in

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the field. Todd, that's because of game play at the facility. >> Yeah. So, we have camera technology for what's called top tracer, which is a ball tracing system. So, the combination of the lights uh with the camera technology is necessary for that to

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function properly. Um, but we are able to, as Michaela mentioned, we're able to control uh the the lighting at the at the venue. So we can dim those lights to an acceptable rate that would still allow the gameplay the technology to

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function properly. >> Is that because the the ball has to be continuously within the light in order for the camera to capture it? >> Yes. So like within the first 25 or 30 yards, that area has to be illuminated such that the camera can follow and

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trace that ball. So, it's critical to have those lights shining more in a in a diagonal um you know, as opposed to something that would shine directly downward. Uh and quite frankly, that was just an honest mistake that was made in the initial submission of the lighting

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plan. >> You already answered my question. Thank you. Okay. >> So, it's not a GPS. I thought like the ball has a tracker and >> no. Uh yeah, this the technology has improved so much that the camera technology in combination with the lighting is able to trace that ball.

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>> So that was the old one, the GPS way. >> Yeah, we we that's is in some venues. Uh it's more of a legacy at this moment. Uh but again, as the technology has evolved and improved over the years, we're able to effectively trace it with the combination of the of the cameras and

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the lighting. >> Thank you. The second modification as discussed was the glare screen that was added um along the netting that is parallel to Route 46. So it's essentially five different sections that it was added here

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essentially blocking any of the illumination that would pass. Um I believe the foot handles right in front of that netting on this plan are 2.3. So they're already almost zero. They are pretty minimal. Um, but nothing is extending through that screen. Um,

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another one of the changes that was mentioned, it doesn't necessarily show on here, was the the visors that were added to the lights. Um, that's on the top and the side um for glare. Um, the angle is the same as the light fixture. So, it helps with glare um either in the

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road or ext. And then the side shields help too for the glare if you're looking at the lights from an angle and not straight on. Um so the illumination in Route 46 is significantly reduced if not zero in comparison to the plan set that

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we submitted in May. The only areas that are still showing foot candles is right around the driveway. Um so we have about 2 and 3 for that um driveway on Route 46 that was similar to what was approved back in 2023. Um and it is really for

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safety of vehicles entering and exiting that driveway. >> Yeah, that's right. Is that coming is that light coming from the lights on top of the building or is that coming from another source? >> Part of it is coming from a proposed or now existing light pole that's close to that driveway.

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>> That's what I saw. >> Yeah. So, the parking lot lights essentially and also there's existing lighting along the roadway as well that is influencing some of those measurements along the property boundary to uh just between the entrances. The

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field lighting is all from the building, main building up on the top, right? >> Yeah. Yes, sir. Those are all under the canopy on the building, building mount mounted. Uh, and what Michaela's referring to is those light levels are associated with the parking lot lights.

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So, it's two separate things. >> How do we figure out that 40 ft would do the job in terms of a little bit of trial and error? As I mentioned, this is the first time we're doing this. uh we have limitations on the extent of that screen for structural engineering uh uh

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requirements and things of that nature. >> No, we're not. >> Yes. So it it uh you know those those nets are pretty tall. So uh we felt that that's the uh right height that will essentially be similar to the mounting height of the highest range light on the

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building. So it will capture that and prevent you know kind of that view of that light from offsite. You did not do a reading without this netting then that I gather. >> Correct. Only by simulation uh from an

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engineering perspective, not in the field measurement. We took some baseline measurements um previously before we turned the lights on. >> Somebody made a decision that we was light was getting out under 46. We need to do something. There's a lot of

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concerns expressed by those. Well, now it's in the administration. >> Okay. >> So, that's why we took the action. >> We're very That's right. We're very proactive. >> I interrupted your presentation. I'm sorry. >> I I think that was all I had at least for what we're proposing with this.

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>> There's a couple things that I noted. The new plan is stated. >> Yes. 2025. Right. >> The new plan is >> I got the little version. I think it's today's date actually.

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>> June 17th, 2026. >> I got a I got a date on here. >> Yes, correct. That that is >> in the package. Is there a statement on any of these plans >> the hours of operation

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uh including the ability to operate after on these plans? The only thing noted on these plans, which was from um the resolution, was that all lights not used for security

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purposes shall be turned off 2 hours after closing. That's the only thing that's noted on on this. >> I'm just offering this up further. It's not contained on the planes, just on the plans, just as a additional measure that we would further dim those lights after business operations and during our

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maintenance process. Um but what she is suggesting is essentially those lights uh would continue until we close and I'm offering hey we'll reduce them further after we close. >> So dimmed at closing and off 2 hours after

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>> yes uh dimmed to about 25%. Uh I know that may not mean a lot when we're talking about that but just in comparison to what you might have seen last night at 60%. So after we close, we reduce those light levels and then two hours after we close, the lights are

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shut off. And that will all be >> I'm sorry, just so I understand. When they're on, they'll be at 60%. >> Yes, sir. >> And that's what we saw last night. >> Yes, ma'am. Yes, ma'am. And that will all be programmed um and the management team will have access to that. Uh but

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those will [clears throat] be programmed such that those will automatically uh dim after after we close. So once we get through the programming perspective that should be uh essentially something that just automated at that point. >> We're not going to exceed 60. >> Correct.

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>> Okay. >> So when they're on they're 60. When they're dimmed at closing they're reduced by another 25%. >> No I'm just going to take them down to 25%. From 60 to 25%. That's correct. and then off two hours after. >> Yes, sir.

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>> Okay. Thank you, Mr. >> Um the I don't know where we go back in time on on this plan, but is there any sheet on the site plan submission that lists all the conditions of approval?

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>> Now, we kept that in resolution. I don't believe we cleared. >> I know you didn't. No, I think it will be helpful for everyone. The cover sheet on this and I'm sure the engineers can transfer the

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>> conditions of approval as modified what we just discussed. Now, >> you want the light levels >> all the commission, right? clarification that I don't know what you call it. It's like in the outfield is that blank

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thing. There's no sign out there now, right? >> Correct. No sign. >> There's not going to be any sign. >> I mean, it would be nice if we could do something in the future on that fabric screen, but that's not proposed at this time. That's mainly for uh if there was anything in the future that would only

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be internal facing, not external. You'd only be able to see it if you were in the venue itself looking out. So we it's going to be just a fabric screen with no messages and no lights on it. Obviously >> no lights. >> And now the fabric screen is going to be

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behind the additional plannings that were requested by >> Yes. Right. >> The do they do you have a statement of the hours of operation on any of the sheets? >> That was built into the original approval. >> Right. But usually they put them on the

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plan. Well, >> we don't have it on the plan, but it's in the original resolution. >> I mean, things that are physical to the operation are supposed to be open at after was it 1:00 on the Friday or Saturday.

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>> That might change. >> It could be changed. That's really just >> winter weather. >> Yeah, those are just kind of our outside hours. would be open no later than 2:00 a.m. on Friday and Saturday.

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>> I assume that's, you know, good weather. >> So, >> is there any reason you can't put that on the plan now? Put that note on the plan. Right. >> If I could jump in. So, we did add that to our approved plans from the 2023 set that we submitted. >> They are there.

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>> That was >> They are there. The only plans we submitted for this amendment were just the lighting plans. So, it's not specifically on these plans or what was submitted, but it was on the approved full plan sets. >> And I would suggest using this one moving forward because the prior plans

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that were submitted were from the old set and there were all kinds of date issues. >> Okay. >> Where you know, [clears throat] according to the old plans, the 17th revision preceded the first revision, which is obviously not possible. So, I think we should kind of let the site

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plan application go and let that sit and we'll just use this one with a correct dating procedure and all that stuff. >> Just replace it. >> That might just make things a whole lot easier to reference and resolutions and such. >> We'll put it on the plan. >> All right. >> Yeah. This one just has to be updated

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26, right? It's says 25 on it. >> So, another honest mistake there. >> So, easy to change. So you're looking at the the look it look at your plan the area just beyond the driveway. Okay. Is does that where it's 2.1 etc.

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Do you know where that light comes from? In other I'm trying to get at whether in fact you need a variance or not. Now >> there's a light on the street. >> Okay. So that's what I'm trying to get at. >> There's a few lights on there. So we you don't do you you don't know whether that light that registered on the light meter

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at point 2 is a light from the property or a light from some other source. >> I can confirm it's from the existing area light that is within the top golf site. We're not modeling the DOT fixtures that are in the road. when

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we're out when I was out there last night with the light meter, I was picking those up, but what's shown on this plan is not modeling any of those DOT fixtures. Okay. >> How about the light from Smithfield? Does that spill, too? I'm just I'm just because in all honesty, when I drove down Hawkins, I saw the lights from

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Smithfield much more than I saw. >> Very noticeable. Obviously, it's spilling on through our property. We're not complaining about it. >> Yeah. No, no, no. I'm just saying I I'm I'm assuming some of that pickup is got to be from those those big lights that >> from her photo meter on the field the measurements properly.

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>> I'm just trying to confirm that you actually don't whether you actually need any variance or not. >> That would not be later, >> right? >> Because you're supposed to illuminate entrances coming off the highways for safety reasons. You've got to illuminate that drive.

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>> Understood. Honestly, I thought it was a little dark when Mike is making that turn, >> but uh you're not asking for any waiverss or anything. >> No, sir. No, I mean I think that complies with DOT standards that light level for safe the factor of safety that

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Mr. O'Neal was alluding to. >> Okay. You okay with that, Mr. Amen? >> Well, the board has typically um if the light level is measurable across the property line, consider that a non-compliant situation. Obviously, lighting a um a driveway uh would be a

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reason for the board to consider that nonconformity. Uh and the question I have is the right now the light level is shown there's measurable light not only in Route 46 but on the properties across Route 46. I is is it your testimony that

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that was shown on the on the compliant plans from August of 20 three that that light traveled that far across? >> What what was shining over there? Are you talking about glare? You talking about

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>> I'm measure talking about the measurable ground illumination on this plan is hits properties on the other side of 46. >> That's the 0.1 ones. >> Yes. And again, typ and again, typically this is this is a road situation. It's different than it was something else,

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but the board has typically taken if if it's measurable light across the line, that's non-conforming. In this case, lighting the driveway is certainly reasonable. Um, and again, but just for consistency, you know, that's what we've

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been doing from what I've seen uh with the board. um that it's it that the fact that there's measurable light leaving the property, >> okay, >> that that's considered uh non-conforming. The other issue is um the

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mesh screen, I guess we'll call it screen, is 30% open. The ordinance requires fences in the front yard to be 50% open. So that mesh is a variance, >> but the netting above

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>> the netting above it is more than netting above it is fine. It's more than 50% open, but the mesh isn't. I mean, the testimony was it's only 30% open. And again, it serves a purpose, but >> you're talking about fences.

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>> They're supposed to be solid, but open at the top, >> aren't they? >> No, not in the front. The front's got to be 50% open >> and 4T and a 4 foot % over >> 70 foot net with a 40ft screen. >> I mean, it's only 25% of that,

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>> right, >> of that netting is the fabric screen. >> I'm just I'm I'm This is This is obviously a a a property that is not specifically referenced in the ordinance, all the stuff that goes on, and that's fine. But I'm just saying the way you're reading the ordinance that

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fence that that fence across the front of the property is supposed to be 50% open >> that to be fair to them the fence goes all the way up >> right part is a small part of the fence. So if

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it's 50 foot of 170 do the math >> it's less. >> To clarify too it's 30% opaque. It's only blocking 30% of the light. So it's >> okay that's not what I understood was 30% open. >> So it's 70% open.

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>> Correct. >> It's 30% solid. Yes. >> And quite honestly that with that screen there I walked all the way out to 46. It's really dark right outside that screen. So I don't think >> I'm not again I'm not I'm not >> you know trying to say something bad about the screen. I'm just trying to make sure we check all the box.

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>> Reverse. >> Mela if you could just state that again so all the board members hear that clarity just for the make sure we have the language correct on that. >> Yeah. So it's 30% opaque or solid. So it's blocking 30% of the light that would travel through it. So that's why

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we're calling correct. Yes. >> Okay. So that would comply. >> So you don't need a variance. >> Also, Madam Chair, what I'd like to do, could you guys identify this as the sample that you brought to that meeting and that's what's on that's what's out there right now? >> Yes. >> Okay. I think you should put that as an

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exhibit to go in the zoning folder at the town hall so we know what's supposed to be up there. that is comparable to what was installed as basis of design. I would just say that's the it's slightly different than that but it's comparable to what what uh was installed. I mean we can have manufacturer specifications

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that our construction team can provide. My understanding is that is a basis of >> that'll do it. The issue is when eventually this thing is in the sun too long is in the wind too long and it falls apart and something gets replaced the town can say yep that's what we had last time.

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>> It's a comparable product. Yes, sir. Yes sir. >> Con confirmations >> if you need some vendor. I would just use that as the uh prescriptive sample >> that or similar to >> sample of the screen.

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>> Yeah. Just send whatever the order the order the order sheet or something so we know we what's up there. >> So that can go on as a as an exhibit. >> Okay. >> Do you want me to actually mark it? [laughter] >> That or somewhere too? Yes, sir. >> Okay.

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>> Any other questions? Are you I'm sorry, Mr. O'Neal. >> One other question. How are they paid for the affordable housing? They paid off. They >> Yes, sir. We finalized that. Yes, sir. That's great. >> So, what are we approving tonight? >> An amendment to the lighting plan.

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>> Amendment to the lighting plan. Mr. Johnson said, >> right, Mr. Amendments, that's it, right? >> Sorry. >> That's it, right? >> Amendment to the lighting plan. >> Amended lighting plan. So the point one doesn't >> Well, again, you know, that the the board's got if if they and again, I'm

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just going by what we've been doing so far. When the light leaves the property, it's acknowledged and if relief is granted, relief is granted. >> Okay. >> I mean, does that necessarily mean that the light is from them? >> How do you know it's not Smith Road >> or because this as as Mr. McGuire said,

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the the numbers on this plan are only from Topco. >> Yeah. Okay. >> I think common sense has to reign. >> Yeah. So I I think the board has acknowledged that there is some light leaving the property as depicted on A1

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and I think the board can if they want to can act favorably with respect to that site plan. >> Great question. >> I'm not objecting to the light crossing the line in this project but I may in the next one. >> Sure. Yeah. Absolutely.

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>> If it's bright. >> Okay. >> Mr. O'Neal, you finished with the testimony of your witnesses. >> Question, >> gentlemen, you mentioned NJ dot somewhere in your testimony. >> Yeah, there's a minimum standard. Maybe

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Miss Magcguire can speak to this. A minimum standard that the DOT sets for just kind of lighting along the roadway. So, I think what we're are under that.5, which is is that the minimum standard on the DOT? You can specify that based on New Jersey standards. So they actually typically set a maximum um and it's

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usually around 2 or.3 for uh access vehicular access. They usually have their own you know light poles. We did get the plan approved at.3 and 2 which this plan is showing this the same elimination. >> Okay. Could you send that approval in?

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>> Yes. >> Thank you. >> Great. >> Sorry. Go ahead. >> Go ahead. No. No. Have any questions? >> Uh go ahead. Uh date yeah uh the date prepared today right is that right 2017 >> today

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>> 2026 we will update >> so this is this is for my learning so please enlighten me so uh when was that prepared if it is today then like you know roughly timing >> the time today it was prepared

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>> what is that >> the reason why I'm asking >> 2 p.m. >> 2 p.m. Thank you. So the reason why I'm asking is like uh does this test has to be in the night time or >> Oh, she did it last night. Test was done last night. She prepared the chart

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today. >> Okay. >> You were out there with your meter last night, right? >> I was. Yes. But this is through a software that models. What's helpful is I was out there last night with the light meter >> to make sure that those illumination levels match what our model system was

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showing. So test results are from last night. Report prepared today at 2 p.m. >> Yeah. >> And just for the board's information, I was also out there last night and with respect to my comment 8 A through D about those conditions, I mean, I did not see them. I mean, I could see the

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lights from those positions, but I did not find them distracting. >> 100%. >> Excellent. >> Question. Yeah, I'm just going to rely on the testimony as presented. >> Any questions from the board?

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>> Any questions from the audience? I see none. Hear none. Whether you're >> opposed to it or not opposed to it, >> um someone >> sure will. >> All right. So, I I'm going to say that uh you guys have really worked with us. I mean, we had tons of questions all

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throughout this case and and the ability to go out there last night. We appreciate you guys for for getting it ready for us cuz sometimes people forget. Um, but I think what you've done is a huge help to the neighborhood. I think the lighting from other businesses

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around is much more impactful outside of your area. Um, and I'm going to be voting in favor of >> All right. Application 26 col25 Shri Paribity Developers LLC 1259 to 1269

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Route 46 block 70 729 lot 602 um zone 03 variance to approve preliminary and final major site plan with C variance to modify previously approved lighting plan. Second Josh,

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>> yes. >> Jositz, yes. >> Masarella, >> yes. >> Modi, >> yes. >> Neglia, >> yes. >> Yes. >> Ready? >> Yes. >> Griani, >> yes. >> That with all the conditions discussed. >> Yes. My apologies. >> Thank you. >> Thank you. >> Play ball. >> Yes.

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>> Thank you all. Hope to see everybody at the grand opening in a couple of weeks. >> Yes. >> Do you have to >> What do we have to do with this last case? >> Yes. Oh yeah, >> I need a motion to >> You need to call it just for the record. You need to call it again >> to make sure he's not here.

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>> Application 25 col 56 Mike Oatus 11 Warrior block 626 lot 10.05 zone R3 a C variance to construct a detached garage with driveway expansion contrary to section 430-35

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columns 10 and 13. The gentleman is not here >> and it's my understanding based upon the information that's in the file that this was adjourned at Mr. Gutus's request and that Mr. Gutus was advised of tonight's hearing date. Is that correct, Miss Jolie? >> Yes, it is. >> Okay.

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>> So, um I think you should request a motion to dismiss Mr. Go's application for his failure to appear. You can always reapply. >> Motion to dismiss. Second. >> Third. >> All in favor? >> I. >> Motion to tojourn, please. Motion to return. I

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>> I might be a little late. Yes. No, you have to ask. >> Not only that, you got an boy from Mr. Masarelli and the other gentleman said when you asked one of the questions earlier

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you got in >> I was surprised >> you got