Can't do it with Zoom. >> All right, we're on record. >> Good evening and welcome to the special meeting of the Township of Pipony Troy Hills Board of Adjustment. It is Wednesday, April 22nd, uh, 2026, and it is 700 p.m.
Announcement is made that adequate notice of this meeting has been given and that it is being conducted in accordance with NJSA 104-6 at SAC of the New Jersey Open Public Meeting Act.
Roll call. Jos Mr. Jositz >> here. >> Mr. Modi >> here. Miss Neglia >> here. >> Mr. Ready >> present. >> Chairwoman Griani >> present. >> We also have our board planner Mr. Chadwick >> present. >> Our board engineer Mr. Lammanoit >> here. >> And our board attorney Mr. Johnson
present. >> Would you please stand and join the board in the pledge of allegiance please? Ice to the flag of the United States of America and to the stands one nation
under God indivisible. >> Thank you. Is there anyone in the public that would like to speak on something other than what is on our agenda this evening? I see >> resolutions.
>> Uh we'll do resolutions uh at the regular meeting. >> Agenda, our application 2581 Pentagon Services LLC, 354 Kingston Road, block 211, lots 15, a
minor site plan with C D variants for commercial use. overnight parking, curb island, and six foot solid fence in the front yard setback. This application was
carried from March 18th, 2026. Welcome. >> Thank you, M. Lelo from um works here on we have the applicant uh the C band covering for Modern with Ay.
>> Good evening Mr. uh Anthony Maruchi is here to testify on behalf of the application um both for engineering and training purposes. >> Yes. Nor would you please note that uh
Mr. Pashadi is here for Mahish is here. Thank you. Excuse me. >> Um, Mr. Murie will testify both as our engineer and as our our planner. Uh, as the board indicated, um, this is a commercial use and a residential zone. The building is already used for
commercial uses. Um, you previously it was uh a computer uh store office. Prior to that, it was a limousine uh company. um out of there. It's on Kickst Road which um generally has a mix of
commercial and and residential. Um the borders have you know probably familiar with the site um it was a little less than two years ago that the uh computer store was was approved for that site. Um in terms of of what is being requested,
Mr. Maruchi will discuss the fencing. Um I think the the fence uh that is proposed is there for security. Um and he will uh show the exact location as to whether that fence is in the front yard or sideyard. Uh but certainly a D1 use
fence is required um for the use as it is um not uh permitted in the zone. Um I will um call Mr. Maruchcci um as our first witness.
>> You can have a seat miss. You raise your right hand, please. Do you swear or affirm that the testimony that you're about to give should be the truth, the whole truth, and nothing but the truth? >> I do. >> Please state your names and spell your last name. >> Maruchi. M A R U C C I.
>> Right. >> You can have a seat. Just make sure you use the microphone. >> I will. Mr. Maruchcci, can you uh tell the board the your background, educational background? >> Sure. I I'll try to be brief. I have I
received my bachelor's degree in civil engineering in 1973 from NORC College of Engineering which obviously is New Jersey Institute of Technology. Uh for 28 years from 1973
to the year 2001 I served the municipal government. I've been before this board before but not in recent years. I served the municipal government starting out as the assistant engineer for the city of Orange for 11 years. two years uh for the village of South
Orange. I went back to the city of Orange to be city engineer for two years. The last 13 years uh was township engineer for township of Bloomfield. I received my professional engineers license in 1978,
my planner's license in 1979, and my land surveyor's license in 1981. In the year 2001, I decided to start my own firm and this is my 25th year. We uh uh do uh we do
work for both public and private sector clients. I serve as the excuse me, I serve as the zoning officer for the township of Bloomfield up until today. I'm also the planning board and zoning board engineer for the township of Bloomfield. You're qualified. Thank you,
sir. and and qualified for u engineering and plan. >> Correct. >> Thank you. >> Um Mr. Roi, you um uh prepared the site plan. >> Yes. >> I had them posted it up on the
>> link. That's the plan that we prepared. That's in the packaging. >> Yes. Yes. If I may, the subject property is 354 Kingston Road. It's block 211, lot 15,
and it's located in the R4 residential zone. There is a onestory building access of the property and it's been in this fashion for I'll say the last 40 years.
The zoning board uh approved a D1 use barriers for a computer programming business on June 5th, 2024, which was memorialized on June 20th, 2024.
Um, this prior approval also confirmed the pre-existing nonconforming conditions on the subject property. Prior to that, the zoning board approved a limousine business on by resolution
dated May 13th, 1987. That's why I said the site has been used as an office business use for approximately 40 years. The proposed use is a construction company office. And I
know when you hear the word construction company, people think dump trucks, construction equipment. It is not like that at all. It's an office for a construction company and basically the use of the office is for the estimators
that estimate jobs and uh it's all paperwork. The only vehicles that will be parked on the site are vans and pickup trucks. I will explain the operation. They're again they're not
they're not contractors that do um excavation things like that. They do interior renovations and that's why they only use vans and pickup trucks and a lot of their work the applicant is here but I'm he
explained this all to me. The majority of their work is in the city where they just do interior remodeling and renovations. Again, it's an off it's a construction company, but basically it's an office. Um,
and the reason for the overnight parking is so that they can leave some of their vans when they're not being used on site to be left on the on the on the property. With respect to improvements,
I know in the application it says we're asking for a front yard fence. That is not correct. The existing fence on the left side goes all the way to the front yard. That's being removed. We're we're
replacing or we're we're adding a 6ft high fence from the front of the building all the way around the back of the property, which is permitted. And even in a residential zone, whether whether it's in the side yard or rear yard, there will be no fence in the
front yard. Um the only other renovation that we're doing is in order for security and privacy, we're creating the small curved island so that we can take the fence and
slide it for security purposes. So that's the ex and and by creating this curved island, we have to adjust the parking spaces. That's why there's a little bit of a an adjustment in the curb in the rear of the property, but
that's really the extent of any exterior improvements. Um, one thing that I did make an error, I showed the existing sign encroaching into the rightway two years
ago when the application was approved. that sign was moved back and I failed to show that on my site plan. Um the freestanding sign is relocated approximately 7 ft back from the
rightway line which is what the board approved back in 2000 2024. Um and the only change with the sign will be the logo for the new applicant. hopefully if the application is approved
this evening. Uh so that'll be the only change to the sign. When I um when I reviewed your re the reports of of the planner and and the uh board engineers um there was a concern about
impervious coverage which again is all existing. But in in my discussion with the applicant, I explained to him that the second driveway on the left side is not needed. It's not necessary. So, as part of the approval, my recommendation
is to remove the second driveway and therefore reduce the impervious coverage. Uh by doing that, I can reduce the impervious coverage by 3.2%. In the existing condition,
the coverage is 73.9% and I bring that down to 70.7%. >> And the area once the driveway is removed, that area will will be restored to lawn and with foundation plantings in
the front again for aesthetic improvement. Um that's the engineering part. With respect to the planning part, I had issued a memorandum back in when when this application first began
um back in uh November 17, 2025. And basically in my planning memorandum, we do need a D1 use values for the proposed use. and for the overnight parking.
Um, this is a pre-existing nonconforming uh the pre-existing non-conforming conditions were confirmed in the 2024 zoning board approval. So, this application proposes no change to those
existing non-conforming conditions except for the fact that we are reducing the impervious coverage. special reasons exist where this project carries out one or more purposes of municipal land use law. And we also have
to um satisfy the enhanced quality of proof that this application is consistent with the master plan and and the zoning ordinance. Again, as I stated in the beginning, this property has been used for commercial purposes for for about 40
years now. Um so there is rationale for particular suitability. Um in addition to that there are other properties in the area that are commercial use. I I list those in in my
report. 171 Kingston, 180 Kingston, 211 Kingston, 215 Kingston, 244, and 374 are all commercial uses in in this area. Um With respect to the positive criteria,
in my opinion, I believe that we um that several purposes of municipal land use law promoted purpose a to promote the public safety, health, safety, morals, and general welfare. Again, the property is particularly suited uh based on prior
commercial use. Um the perimeter fence will provide security and safety. Purpose C to provide adequate light area and open space. We're not making any exterior improvements except for the fence.
Purpose I to promote a desirable visual environment. Uh we're removing the front driveway and landscaping that and again the perimeter fence provide a buffer to adjacent uh property. So I believe those are the purposes of of the municipal
land or they're promoted. Also with respect to the negative criteria I believe that this application post no substantial detriment to the public good. The subject property has been historically used for commercial purposes and the uh perimeter fence will
provide security and safety and buffering as outlined in the goals and policies of the 20 2020 master. This application also imposes no substantial impairment to the zone stand and zoning ordinance. Um the proposed
use is very similar and compatible to the prior commercial uses approved by the board. If I go back to the uh limousine um use that was there before, I have photographs that uh show that they had party buses there which are
much larger than the uh uh vans that are going to be uh stored on this site. Um, and I'd like to just I have photographs if you wouldn't mind. That's the uh
mark these as uh exhibit A1. >> That's the the van. They're all the same. That's the van that the uh >> that would be stored on today's date. I have I have uh copies for the board, but I'll I'll mark the one A1. Uh
>> can you can you put the date also? Right. >> Yeah. >> Yeah, you could mark it put the date on it and just and give the marked one to u >> to the second. >> So that's the mark exhibit. >> We'll hand it out. >> And if I may, I have photographs
a photograph of the use limo use that was here before. And you can see the party bus that was parked in the rear of the property. >> I would please mark that um two uh dated 4226
copy. So if I may, so with respect to planning, I think that I I I have given you both the positive negative criteria. If the board uh would allow me, I'd like to just go into your uh professionals reports also
your planners report and also your engineers report. >> Um Mr. when when you I know you're going to get to this in the report, too, but uh there's one comment about whether there's adequate sight lining. Um >> well, that I was going to get to that in
in it's in Mr. Chadwick's memorandum to the board that that goes back to January 9th. >> Um >> Mr. Chadwick had recommended limitation of commercial vehicles to vans and
pickup trucks and he agreed to that. >> And um with respect to signing, I think signage, I think I already um testified that the sign has already been moved and that the sign will only be changed. >> If the board approves it, you'll submit
revised plan. If the board approves the application, you'll submit revised plans showing the removal of the driveway, the landscaping in the front of the building, and the proper location of the sign.
>> Absolutely. >> And uh how you going to reface it? >> With respect to lighting, in uh Mr. Chadwick's uh memo, u there's just lighting on the building. There is no um
proposal to put whole light in. >> Excuse me, Mr. Matuchi. >> And the last item on Mr. Chad, >> I'd like to ask about the sign, please. The sign. I'd like to ask about the sign that you just mentioned. Will there be lighting? >> No. >> In the sign, there will be no lighting. Okay. Thank you.
>> And the last item in in Mr. Chadwick's report was that um the prohibition of outside storage, which again the my client agrees to. there will be no outside storage. Um then I also have
the report of GPI which is um >> inven January 926 and the report is January 526. Okay.
Okay. >> Um, >> oh, you know, the front cover has January 2. >> It's January 2nd on here, right? >> Yeah, the front cover has January 2 and the other cages have January 5. with respect to the board's uh re the
board engineers report I went through it and uh I go into the comments that start with number five on the nonconformities with respect to the nonconformities
under B through G again the board two years ago approved those non-conformity so they're they're confirmed Um those are existing conditions and they're not going to change. Um starting with a on
on number five again the the the parking will be just pickup trucks and vans as you saw in the photograph. Um I I went through B through G and then we go down to
number eight. Um, >> so there won't there won't be commercial vehicles exceeding 3/4 tons parked there. Correct. >> Yes. So you don't need a variance for that. >> And the number of commercial vehicles possibly on that property. >> You said six. >> There's going to be six.
>> Six vans like this. Um they're a combination of vans and pickup trucks but nothing over 3/4 speed and and you know don't so operationally um the applicant does most of their work in the city so they they they don't have
very large I mean you it's not functional to do that type of work uh which is also why they don't store materials and things outside on the site because the work is done uh offsite. uh this is is purely is purely an office space. So uh you know combination of
pickup trucks you know van those type of things >> that the current business uh in one of the picture it shows the perfect legs I'm guessing like there are no commercial vehicles right
>> there could be commercial vehicles >> this is a commercial >> it is commercial property >> yes >> but there there may not be any commercial vehicle is that The photograph of the exhibit is the vehicle I want to store.
>> Yeah, this is the new >> Yes. The existing business of perfect clicks may not have any commercial vehicle right now like the neighborhood are going to start seeing uh I would say like you know 6 to8
>> vehicles >> and of course the intention of the fence and the curbing which is why the minor site plan is required at all is to have a fence both secure those vehicles and buffer to buffer it so you wouldn't see uh which is an improvement over when the
limousine company was there. Uh you know we can't speak to the operational testimony of u you know what was there previously because none of us have actual knowledge of it but certainly it was approved limousine company. >> Thank you.
And just continuing with the board engineers report starting with number eight, the existing conditions plan is our survey and I will uh provide a signed and sealed copy of the survey. Um number nine, the sign again was
relocated already and again I will revise the plan to show that. >> Mr. Richie, just if you could stop there. Your photograph, the photograph on your plan shows it has not been re not been moved. >> I I measured it. Uh we went out and
measured it and it's uh it's it seems like it's been been moved. >> Okay. cuz the photograph on the plan um according to the plan or your plan shows over but the plan
shows that um you've got the sidewalk on the street correct. So that's about 4T and it looks like the sidewalk's probably four to 5 ft from the property line.
And if you move the sign 7 ft from the property line, that means that the sign is now 11 or 12 ft from the sidewalk. But if you look at your very top picture here, you can see the sidewalk's only a
few feet from the sign. >> And for whatever it's worth, it's possible that photograph was from the original plan. I I apologize for that because we did this plan we we prepared this plan two years ago also. So, it's possible that could have been the
photograph from the original application. But I will verify that the sign. >> Okay. >> You're going to give us a survey that's going to show this sign located 7 ft from the front property line. I will do that >> and for whatever it's worth and I'm not
sure the applica the the issue is that that prior approval for the sign was never perfected. >> They never they never went through the compliance procedure. So that that resolution is out is not is not
>> the the the plans were never >> sir sir >> sir be uh >> I will we'll we'll sipulate that if the sign is not in the correct location >> right I'm only going back to the the the prior approval never went through the compliance process
>> I I I prepared the plan for the prior approval but I did not present the application there was a different planner that presented. I wasn't here that >> No, I'm just trying to clean up what what's being said here. And like I said, I don't think it really affects much, but just to make a point that that
approval is is not is not active. >> Okay. And and so if to the extent that the sign is not when the existing condition plan is presented to the extent that the sign is not in the correct location that the certain uh place in the correct
location should require evidence. Okay. >> If approved. >> All right. Thank you. Uh number 10, I um I indicated there was no site improvements, but again, there are some minor site improvements on on the app on
the plan. Um number 11, again, it's it's uh just vans and and pickup trucks. With respect to the size of this of the parking space, they're 9 by8s. Um, the sliding gate has opening has a
is is 24 foot wide and there's a 30ft backup aisle for the parking space. And I again I'll put that all on the on the revised plan. >> Okay. >> Um, with respect to number 13, um,
with the number of spaces, the building's gross floor area, that's the total gross floor area is 1356 square ft. And if I use the parking calculation for office use of one space per 300, we need five parking spaces. So
we're we're more than enough on the number of parking spaces. Um there was a comment number 14 about employees. What what'll happen is if an employee drives their car, they're going to take the van to their job site and
use and put the car into the spot where the van was. So there's no there's no need for more space in that way. Um and again with uh with comment number 15 because of the uh
the uh impervious coverage we're proposing to remove that front driveway to uh reduce the impervious coverage. And number 16 I will supply again on my revised plans hopefully with the board approval I will supply all the details
for the fence gate curb and set whatever I whatever is needed. So that's the extent of the board engineers report also. >> Um here to answer any questions the board may have. >> Okay. Um in regard to number 14 of uh
the engineers report, there's going to be how many workers in the office? >> I believe there are going to be four employees. >> Okay. Two are estimators that estimate the projects, the the
work, and two are clerical offices. >> Okay. And their cars will be in the in the spaces provided, which are nine. >> Yes. >> Okay. And now you're going to have six workers that are going to be coming back and forth to park their cars. So, we
don't have enough of parking. Well, um I'm going to defer to the applicant bit, but again, I don't think they all come to the office. All the all the employees don't come to the office. They go directly to the job sites most of the
time. >> So, how many people are going to be in the office per se? >> I believe four. That's what four. >> So, they need they need their cars. Their cars are going to be in the nine spaces provided. Correct. >> Yes. >> Okay. Now we have the workers that are going to be picking up the vans. There's
going to be six workers that are going to be picking up the vans. Correct. >> And they switch they switch their cars if they all some of them might might commute together. I don't know. I will defer to the applicant on on on that. But again, it's not that we need that
many more spaces. It's a matter of the van will go out for on a job site and and maybe an employee will park their car in the same spot. >> Yes, but we already Okay, I'm I'm belaboring this. >> But you already go ahead. >> You got six six vans and and four
employees. 10. >> That's >> We got nine parking spaces. So, how do we solve this? >> There's room in the back of the building that that that other employee can park there. There's uh there there is room behind the buildings. >> Is it the parking?
>> Is it a parking lot or a driveway? >> I'm sorry. >> Is it a parking space or a driveway? >> It's it's within the driveway, but it's behind the building. It's really another parking space. There's more than >> How many vans did your client have? >> I'm sorry. >> How many vans did your client have or pickup trucks?
>> I will defer to my client. >> There's six. And I I think it we look at it in two. Um Mr. >> I think I think the simple solution is we can't make 10 vehicles and nine parking spaces. So somebody's going to
have to keep one of these vans at their house or at the job site or something or other. Simple as that. So you're going to have to limit it to five instead of six. And and I think that the um
where if we look at A2 where this party bus is located, >> that's what I was talking about. >> That's that's sort of the back >> that's in the >> back of the building. That's >> it's it's impervious. It doesn't have a parking space, but it is uh straight. >> It's available space.
>> But it's an available space. >> That's what I was saying that we have the nine spaces here, but we have space behind the building also. if necessary. >> Right. >> And you know, certainly >> if the board is concerned about anybody parking in the street, I would say no.
There's plenty of room on the site for to handle this this size uh offices. And uh you know if if the board looks favorably on the application um you know certainly the applicant can either
stripe a a space or because these are you know commercial vans that'll potentially go back there or have some signings that would only allow vans to park behind the building and then have the additional strict parking spaces for
employee cars back and forth. Is the strike parking on the right side in planned? Is that good enough for the uh RS like this? >> Yes. >> Thank you. >> These are these are standard size.
>> They're straightforward. >> The audience. >> Yes. >> Mr. Maruchi, uh the on the side of the building, I know Mr. uh uh Chadwick made mention of the lighting. The light there is a is a bare bulb. Is there any potential for putting a a downfacing
light fixture there rather than have a bare bulb? >> If that's a a requirement, if that's your recommendation, I would agree to it. I agree to it. >> Um I I mean I again, Mr. Chry comment, but I think that would be more hospitable to the neighbor. >> Absolutely. I agree with it.
>> Especially residential >> that could be a condition of approval and this and I'll put it on the plan. >> They have a lot of residential. Yeah, that piece. >> I have a question on the um on the fencing that removable or that fencing that is
going back and forth so that the trucks can be parked there. Your vans, >> the gate, your gate. Thank you, John. Mr. Chad, excuse me. Um is that also going to be six feet? >> And why do we need six feet? >> Well, again, for security and also a
good a buffering. I mean, once you have that 6' high fence, you basically hides the the, you know, the vehicles back there. It's more for security. >> Well, someone could still hop over the 6ft fence. I mean, it's not, you know, we get some of these young people are
very agile and they could hop over and steal if they want to. >> Yes. No. >> Well, we're talking about, we're not talking about a chain link fence, but we're talking about a solid fence. I don't think they'd be able to climb it that easily. But I think it is >> the details of the fence you're going to
provide. What are you anticipating? >> I'm sorry. >> The details for the fence you're going to provide. What is the material >> stockade? Is it a plastic? >> It's a PVC. >> PVC. >> Yes.
>> Let's have some non-gal white, please. Instead of that shiny white. If the board's an opaque white, >> if the board wants a different color, >> not a different color, just an opaque so it doesn't shine. >> Okay.
>> Is there any questions? Questions of the board of this applicant? >> No. >> There any questions from the audience of this >> testimony? Please come up only on his testimony that you're speaking of. Please come forward.
Wait, hold on. You need to use the microphone. >> And we'd like your name and your address, please. >> Hi, my name is Mary Joe Simaluca, and I >> You need to speak up. >> My name is Mary Joe Simaluca. C I M I L U C A. And I'm at 303 Marcella Road.
>> My concern. >> You have a question for this witness? >> Yes, I have a question for this witness. because if you have concerns, there'll be another opportunity to uh express your concern. At this point, it's questions of those. >> Since I live around the corner, my
concern is number one, it my question is number one, lighting brightness for our neighborhood. And secondly, is there any kind of noise ordinance that we're going to follow? It's very very discouraging
to know that there are going to be vans and pickup trucks and if it interferes in our sleeping time because you are going into the city which will take you many you know couple hours to get or an hour to get in. So what are we talking
about as far as the >> hours of operation? >> Hours of operation so that our sleep habits can remain I mean we're interrupted as it is right now. So we're a little concerned about that. >> So the the hours
>> first of all with respect to lighting um as I stated there is no pole lighting. It's only lighting that's on the building. So nothing is changing with lighting. As a matter of fact, the board engineer brought out a point about >> the one light that's there that I guess
you can see it. We're going to put a cover on it so that it shines down. So, lighting should not be an issue. With respect to noise, I believe the hours of operation are >> 7 7 a.m. to 6:00 p.m. So,
>> even if even if they work in the city, they're done by 3 4:00. They don't stay that late. and and so in terms of noise, I don't I would not anticipate any noise. As a matter of fact, they don't work weekends either. So those are the hours of operation. >> Okay. So we would expect to hear the
beeping >> there's >> after 7 a.m. >> Unfortunately unfortunately with with these types of vans actually almost all every vehicle today has those backup beepers. Yeah, they don't. >> But but but you'll only hear them for a
few seconds when they have to back up to to to leave the site in the morning. And again, they leave in the morning, they come back in and when they're done at the end of the day. >> Do you hear them now from the limousine company that have >> not the limousine company? However, we hear enough noises from that other piece
of property that I'm not allowed to talk about. That's right around the corner from where they're proposing their site. So, my concern is if we're starting >> Do you have any more questions of this witness? >> Just the time and the lighting because
some of our backyard lighting is not in ordinance either. So, I'm concerned because we're bright enough right now. We're concerned about it. We're concerned about the noise. were concerned about chit chatting early in the morning or late at night, but if you
say 7 a.m., I believe our ordinance in Paripany is 7 a.m. So, I can't say anything more, but if it's at 6:30, it's not acceptable. We can certainly ask um it's operational, so I'm not positive it would be an
appropriate condition, but we can certainly ask the applicant to have his employees back the trucks in at night so that they're not packing them in when they're leaving in the morning, they're pulling straight out. So you don't have to worry about that. >> Thank you. >> And the 7:00 ordinance is to do work,
have to go to work. It's that they can't begin work. >> I get noise. So that's where my concern >> that is acceptable. >> Okay. Thank you. >> Thank you. Is there anyone else in the audience that would like to speak on the testimony given?
I see none. Is there anyone in the audience that is for the approval of this application? >> Oh, is that the end of the testimony? >> Yes. Any other questions from the board? That's the end of
>> Great. Okay. >> All right. >> Yep. >> I see. Is there anyone in the audience that is opposed to this application? I see. Are there any other questions from our
board? >> Okay. Would one of our board members like to make a recommendation? Yeah. Approval. >> I'm going to be voting for it. My feeling is that you had a business there before. It's in a mixeduse development. You asked to have the lighting adjusted.
they're doing that. They volunteered to back in the at the evening. So, they're not um doing it in the morning. Uh my guess is you might even have a better situation because you're not going to have limos coming back in 9 10 11 at night with whatever that these guys are
going to be in and out at reasonable hours. So, being that we are in a mixed development, mixed use development, they eliminated some some variances with the fence and whatnot. Um it seems totally reasonable to me and I'll be voting for it.
Would one of our board members like to >> application >> frame a resolution please? Application 25 81 Pentagon Services LLC 354 Kingston Road block 211 lots 15 to grant
uh issue minor site plan C and D variance for commercial use overnight parking curve island and 6T solid fans in the front yards at back and in
as discussed uh submit the revised plans to >> lighting uh and also parking >> conditions. They offered >> they offered >> second Josh what's >> so the light on the left hand side of the building non-glare paint on the
fence >> uh no um storage of outside materials >> and a revised plan and remove the driveway on the lefth hand side. >> Right. And landscaping of the front of the building. >> Landscaping. Yes.
>> And u confirm not to add more conditions but just to confirm the location of the sign. >> Yes. >> All all that's all we discuss everything. >> Yes. >> Modi. >> Yes. >> Neglia.
>> Yes. >> Pre >> yes. >> Ready? >> Yes. >> Grani. >> Yes. Applications approved. >> Thank you so much. You'll be receiving a note at that time coming for your purpose. Thank you.
Good. Good one. Oh, you need to you need to adjourn the seven. >> Okay. Uh motion to adjourn the 7 p.m. meeting nation. Second. >> Second. >> Oh, thank you. All in favor? >> I >> Nora.
>> Yep. >> You can stop. >> What are you saying? >> Stop. >> Oh, yeah. I'm going to >> Good evening and welcome to the meeting of the Township of Pipany Troy Hills Board of Adjustment. It is Wednesday, April 22nd, 2026,
and it is 7:45 p.m. Announcement is made that adequate notice of this meeting has been given and that is being conducted in accordance with NJSA 104-6 at SEC of the New Jersey Open Public Meetings Act.
Roll call. >> Mr. Jositz >> here. >> Mr. Modi >> here. >> Mr. Neglia >> here. I mean, sorry, Miss Neglia here. >> Sorry about that. >> Mr. Pia Patty, >> yes. >> Mr. Ready, >> present.
>> Chairwoman Gyani, >> present. >> We also have our board planner, Mr. Chadwick, >> present. >> Our board engineer, Mr. Lmanoitz, >> here. And our board attorney, Mr. Johnson, >> here. >> This meeting is open to the general public. There's any questions that is
other than what is on our applications tonight? I see none. No resolutions, please. Correspondence. >> We're going to go on to correspondence first. Uh correspondence received from Michael Gutz request an application 2556
be carried from April 22nd, 2026 to June 17th, 2026 without further notice and with required extensions through June 30th, 2026. Is there a motion? >> Motion. >> Motion. >> Second.
>> All in favor? >> I. >> All right. And then we will move into resolutions and see I believe everybody can >> vote all the same people can vote on the
resolution. Um, application 2582, application 2608, application 2576, application 2570, application 2579, application 2605 and application 2601.
Those who can vote are not here. Uh, Neglia, Ratty, and Grani. Can I have a motion? So >> second. >> All right. Uh Negluia, >> yes. >> Ready? >> Yes. >> Genani.
>> Yes. >> Move into the agenda. Application 26 colon 10. Muhammad Hussein 3 Graham Court block 199 lot 8 zone R3 a C variance to legalize
driveway expansion contrary to section 430-275X and section 430-35 columns 13. Mr. Hassan, >> you raise your right hand, please. You swear or affirm that the testimony that you're about to give should be the
truth, the whole truth, and nothing but the truth. I do. You can have a seat. State your name and spell your last name and you get to the microphone. >> Yeah. My name is Mohammad Hassan. Last name is Hassan. H A S A N Hassan.
>> And what is your address? >> Free Graham Courtney. >> And um you're the applicant, correct? >> Yes. >> Okay. So u what is it that you're here for? >> Yeah. Uh like I agree what the engineer
has said. You're here because you put a driveway in in legalize it, right? >> Yeah. >> Um, and why is the driveway? Why did you put it in at that particular location? >> Uh, because my driveways was very short.
So, I didn't know like I have to take the permission. So, that's why I extend up driveway. So, like from the board, I got the notice like uh I have to take the permission from the boards. So like uh it's uh area was it's already in the paper which I extended. So uh the last
meeting uh I attended on 31st October they said like I have to uh agree to some points then it will be okay. So and they gave the date I think 3rd Feb. But the problem was like in the month of uh November my daughter passed away. So in
uh due to this uh uh for few months I was not in my uh right frame of mind and I forgot the date to appear on the 3rd of Feb. >> Right. I understand you made a prior application the board rescheduled it. Yes. >> And you didn't appear at that. >> Yes. Yes. >> Right. And now you now you've made it
the application again. Is that correct? >> Yeah. >> So I just have a question about the driveway on the left hand side. >> Mhm. >> Why is it why is it necessary that it be only 2 ft from the property line? um that I told you before. I didn't know about this. That is the reason. >> But why do you need it in that location
as opposed to 5 ft from the property line where you wouldn't need a variance? Why does it need to be there? >> Uh uh basically I don't uh I didn't know like I I don't have to it has to be like five 5 ft away from the neighborhood. That was the reason. So I thought like this is the best way. I extended on the
right hand side like on the right hand side five. >> Okay. Why do you need that wide driveway? I guess is my question. >> My question because I have five cars that I need. >> Excuse me. >> I have five cars. That's the reason. >> Five cars. >> Yeah.
>> Okay. And you read the uh letter, the memorandum from the township engineer. Is that correct? >> Yes, I I read. >> Okay. And he indicates in there that you may need to um install storm water management
measures. >> Yes. >> And are you agreeable to do to work with the township engineer to do that? >> Yes, I agree. I will work with him. >> Okay. >> Did you submit the plan to the engineer? >> No, I No, >> not yet.
>> So, if we approve this, it will be on the condition of agreement with the town engineer. That is your option. Yes, if you do that is you would require that as a condition of approval. >> Or or do we need need to see before we approve?
>> Well, it the way it's written in the memo, it appears as though the recommendation is fairly minimal. >> Yeah, it's very minimum conditions. >> Pretty small area. It's not like some of these where they pave their whole backyard. >> 219 square ft. That's enough. So, you
understand that ultimately it's the township engineer that's going to have to approve your plan. >> And if this rain barrel and rain garden plan doesn't work, >> um, you're still going to have to >> and then I have to roll back. I think so. >> You're still going to have to comply with the township engineer
recommendation. You're still okay with that? >> Yes. >> Okay. >> Would you like to >> Sorry. Would you like to say anything else about your application, sir? >> No, that's fine. I'm okay. Any questions from the board?
>> Not. >> No. >> Any questions from the audience on this testimony that Mr. Hassan has given? I see none. Is there anyone in favor of this application that Mr. Hassan is
proposing? I see none. Anyone against this application? And I see none. Would one of our members like to recommend approval, please? Yeah, I think this is the
uh minimum require and for the family to live there and as he agreed uh he will meet the requirements from the engineering department whatever the condition they put with complaints with that. So I'm in favor of this
>> application 26 col 10 Muhammad Hassan 3 Grand Court block 199 lot 8 zone R3 recommend granting a searance to legalized driveway expansion contrary to section 430-275 X and section 430-35
COM 13 with agreeing to the measures uh required by the engineer. >> Thank you. Second. Ready. >> Jascowitz. >> Yes. >> Modi. >> Yes. >> Meglia. >> Yes. >> Patty. >> Yes. >> Ready? >> Yes. >> Briani? >> Yes. >> Sir, your application is approved. You
will be receiving a letter from the township at that time. Please speak to the engineer ahead of time before you apply for your permit so that everything is in order. >> Okay. >> Okay. Thank you. >> Thank you. Application 2565.
Ferguson, 540 Veil Road, block 458, lot 13, zone R3. A C variance to legalize a rear coverage structure, shed, front walk, front patio, front pads, rear
patios, rear pads, inground pool, pond and stone wall. Contrary to section 430-10 C and section 430-35 columns 8
sideyard pool equipment and pad and paver patios section 430-35 columns 10 and 13 this application was carried from our March 4th 2026 application good evening
>> can you raise your right hand please swear or affirm your testimony Excuse me. The test word that you're about to give should be the truth, the whole truth, nothing but the truth. Please state your name by your last name. >> Ninoa >> Ferguson. F E R G U S S O N.
>> And you're the applicant, correct? >> You're the applicant, correct? Yes. >> This is your property? >> Yes. >> You have something with you tonight? >> Yes. >> Can you raise your right hand? You swear or affirm the testimony that you're about to give should be the truth, the whole truth, and nothing but the truth. >> Yes. >> Say your name. Spell your last name, please.
>> Michael Roth of Roth Engineering. uh last name spelled R O T H um um engineering planner tonight. >> Okay, great. Could you just briefly put the your qualifications on the record? >> Sure. Uh my name is Michael Roth. I've uh designed and managed several projects throughout the state just like the one
I'll be going over tonight. Graduated with a bachelor degree of science and uh civil from NGIT. Uh licensed PE and PP. Uh both licenses are in good standing. I've appeared before uh 60 different land use boards throughout the state. However, this is my first appearance
before this board. I look forward to presenting tonight. >> Yeah, very much so. >> Okay. And your license is a good standing. You said that. >> That's correct. Yeah. Both my engineering and planner's license. >> Okay. You are qualified. >> Thank you. >> May proceed.
>> Was there testimony on March 4th? I I don't Or did you stop? Did we stop? We have an engineers. >> We have an engineers report center. >> Good night. >> Right. Did you Did you come the on March 4th or not? >> This is my first time here for this application. Right. >> Who Who met with the engineer, the town
engineer, Mr. Lisa? >> I did. >> You did? And you worked out. >> I'm sorry. >> Yeah, we worked out about the u uh various coverage that was the biggest problem in my property. >> Okay. And >> that it was exceeding the amount. >> Yeah. There's a line on the plan that
shows proposed limit of patio. Now, I thought you told me you had already done all these improvements. Yes. Uh perhaps it'd be good if I kind of give a recap of the plan and walk you through what's existing, what we're proposing. >> Before you do that, I'm trying to find
out who met with the engineer because you have a very favorable report. >> So, uh my client >> what was going to be changed as a result of that meeting. >> Do you know that? >> I do. Yeah. So, my my client
>> with Mr. Leisa, he initially prepared a review letter. Uh let me just reference it correctly. >> And that's dated April 15, 2026, >> right? That's the latest. There was one prior to that where he outlined. So, he he first he first issued a review letter
dated November 21st, 2025, which then prompted a revision to the plan, which is the plan that's um on the board and and has been submitted to to the township, which was revised uh to address the comments in that November
21st, 2025 memorandum. He then issued an updated memorandum dated April 15th, 2026, which basically states we've addressed his comments. He has no issues with the application. Um and as my client mentioned, um the the big um
issue previously was impervious coverage and now we're greatly reducing it. We're providing storm water management. >> The exhibit you have up there is on file with the township. Correct. >> That's correct. >> The plan that came with our folder is
this. >> What's the revision date on that, sir? There is >> no we don't have any >> it says proposed this one. >> So the bigger plan that we have >> I take that back.
>> The plan I have is March 2nd 26. >> Oh yeah. Here we go. >> That's the latest and greatest. March March 2nd, 2027. >> Yeah. >> Okay. So, >> March. >> Yeah, that's me. >> Okay. So, Mr. releas this letter from
April 15, 2026 reviews that plan the the March 2nd, 2026 plan. >> Yeah. >> Where it says proposed conditions, is there some of the pavement being
removed? >> Correct. Yeah. and and um if if you'd like I could proceed with my testimony and and describe that in more detail. >> Oh, I see it. >> Please. >> Sure. Okay. Um >> so I'm gonna just give a brief overview of this sheet one here. Um again, this
is last revised March 2nd 26. The subject property is lot 13 of block 458 located at 540ville Road. The area of the lot is 0.35 acres and is located in the R3 zone. The plan shows three views.
Uh starting on the left, this view is the existing conditions as of April 12th, 2015 prior to the current owner. Uh the middle view is the existing conditions as of October 16th, 2024 for the current owner. And the right view is
the proposed conditions, which is what we're planning to do to modify the property. The property contains an existing principal building, accessory structure, shed, parking area, walkways, pool, and patio. The existing building complies with all setback requirements.
We're not changing that structure. Uh the existing shed is set back 19.5 ft from the side lot line, which complies with the 6T requirement. Uh it is 3.8 ft from the rear lot line. Uh which is not conforming as the minimum set back to
six feet. the uh existing accessory structure in the rear. >> Can I can I just interrupt you for one second? >> Yeah. >> Did the shed pre-exist um Dr. Ferguson's purchase of the house? >> Absolutely. >> So, the shed was already there, right? >> Yes. >> Correct. All right. Keep going.
the existing accessory structure at the rear of the property set back 4.3 ft from the side lot line where a minimum of 6 feet is required and 3.1 ft from the rear lot line where a minimum of 10 ft is required which are non-conforming. The property contains a pool equipment
pad that is set back 1.8 8 ft from the side lot line and patio in the rear that is set back 4.3 ft from the side lot line and 3.1 ft from the rear lot line which are also not conforming. >> So, but you're move the the PA patio
sideyard setback is you're improving that by going from zero to 3.1. Is that correct? >> Because that's what the that's what our the board's uh review letter says. >> Uh who prepared that? Caribbean. >> That was prepared by uh Jennifer Smith,
the zoning officer. >> Okay. I I didn't receive that. Um >> are but are you changing the PA the accessory sideyard pa patio? Yes. >> Yes. There there's part of the patio and stone area is up against the propert.
It's essentially zero ft which matches that review. Right. Uh so now we are improving that condition. That's correct. >> And so you're you're moving it from zero feet to 3 ft. Does that sound right? Uh, >> we're removing it all together. >> It says that we can't remove it. >> Well, yeah, we're we're removing a large
portion of it. At its closest point, it's still doesn't meet the minimum setback. So, it's still a variance. >> That's the rear >> on the on the rail side. >> Correct. >> On the back. Yeah. >> What is the area that you're going to
remove the whatever pvious material, paper, >> stone, whatever. What's it going to be returned to? Yeah. So, I'm going to let me highlight the areas that are going to be removed and that's depicted in the middle view.
We have all these callouts in bold. The areas to be removed. The the right view shows the final conditions. So, we're going to remove the front PA area adjacent to the parking lot, the front landscape stone areas, the two paved
areas on the side of the building, the concrete pad in the rear adjacent to the building, a very large portion of the rear patio, the landscape stone areas in the rear yard and the PA area in the rear yard adjacent to the rear lot line.
Uh so all those features are going to be removed which uh reduces the impervious coverage by 26.1% or 3,924 square ft which brings the proposed impervious coverage closer to conformance at 51.5%.
Um however it's still over the 30% requirement. So we're we're here tonight to to ask for a variance for impervious coverage. Um >> and excuse me in regard to Mr. Chad Brook's question. What is the material going to be replaced with? You have
mulch here. >> Yeah. So, it's going to be um it's going to be either uh mostly lawn lawn area, green space, some of the other areas uh for example, like the stone areas um that were determined to be impervious.
We're going to remove that and convert that to mulch. >> Okay. Okay. Gravel still uncertain. >> Wow. The some of the stoned areas the water goes right through it. Right. Not there's no liner or under.
Yeah. We weren't born by through our coordination with Mr. Lisa that unfortunately the landscape stone is impervious. So we have >> we have areas where he's determined. Okay. >> And that I guess that's why on the engineering report he has no objection. >> Yeah.
Okay. >> Uh just to just to continue on um the building coverage is 24.2%. Uh no changes proposed. The maximum permitted is 15. And as mentioned in Mr.
Lee's report to mitigate the variances, we are proposing storm water management improvements in addition to the reduction in impervious coverage. So now in that same set of plans, I'm flipping to sheet two of two where we're proposing two storm two
storm water systems that will allow the storm water infiltrated to the ground system and part of the building access to the system. uh system is proposed on
the right side yard. We're part of the roof from the building. We'll be piping the system and the project is designed in accordance with township for water management requirements uh to mitigate the increase in runoff from the impervious cover that's over over the
30% permitted in the zone. >> And all these things were pre-existing when you bought the house. >> Yes. Yes. >> Yes, it was. Yes. Yes. It was all there when she bought. >> Are there any questions from the board this application?
>> No. >> No. There any questions questions from the audience in regard to this applicant testimony that's been given? I see none. Anyone in favor of this
application? I see none. Anyone opposed to this application? I see none. Would one of my members like to recommen make a recommendation pre please for approval? >> Yeah, I think it's a good application. I
think they've made some improvements to some of the situations. You improved the impervious coverage. Um, you want to enjoy your home, not really affecting anybody. You agreed to do what the engineering department thought was good. So, I will be voting for it.
>> Okay. Application 25 col 65 Ninoa Ferguson sorry right okay >> five party railroad block 458 lot 13
zone R-3 to grant a seance to legalize rear covered structure shed front walk front patio front pads rear patios rear pads inground pool and stone Phone wall
contract to section 430-10 C and section 430-35 column 8 and section 430-35 column 10 and 13 in compliance with the
engineer report as well as whatever we discussed for the just and as per what was it March what was the day of that plan >> March 5 seconds we showed you >> second Joshua Joshitz, >> yes. >> Modi,
>> yes. >> Nagglia, >> yes. >> Treasure Patty, >> yes. >> Ready? >> Yes. >> Grani, >> yes. >> Dr. Ferguson, lots of luck. Your applications been approved. >> Thank you, sir. Thank you, Mr. Ro. >> Thank you. >> It's a beautiful home. She has a lovely
stone. >> It's a nice area up there. >> It's beautiful. She's my freshman from the high school. Application 26 col04 Sam and Sia decide 119 Minihaha
Boulevard lot 598 lot 15 zone R4 a C variance to construct a onestory addition concrete patio and stairs and concrete walk and stairs contrary to section 43 30-10 C and section 430-35
columns 10 and 13. Good evening. >> Good evening. >> Can you raise your right hand, please? Do someone. 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, spell your last name, starting with you, ma'am. >> My name is Sapna Desai. Last name is D E
S Ai. >> And you, sir? >> First name Sam, last name Desai. >> Okay. You are the applicants? >> Yep. And um what is it that you'd like to do? >> Uh we're planning an extension of our house. Um currently we only have three
bedrooms. Um one small bathroom. So our according to our family needs, we want uh to extend our house. >> Okay. So you're asking for >> v >> uh three variances. >> Yes. >> Right. >> Yeah.
>> One of the variances has to do with a shed. Yes. >> Correct. >> Yes. >> And uh the shed is there now. Is that right? >> Yes. >> Okay. So, um did you put the shed in at that particular location? >> No, when we bought house, it was already
there. >> Okay. >> And how long ago was that? >> Uh we bought a house in 2019. >> Okay. The engineers letter is cautioning them. >> Yeah. >> Yeah. >> Yeah. Have you seen the engineers letter
dated March 13, 2026? >> We received it. >> March. >> Yes. Have you met with them? >> Yes, we met with him. >> We met with Mr. Rear's his staff.
So, we were supposed to um >> Which letter? >> We do have the letter, right? >> The legal notice, right? >> No. Yeah. The March 13th, 2026 memo from the township. >> Yeah. The Strong Water one, right? >> Yes. >> Yes. We do have
>> And you did meet with him? >> Yes, I meet him. >> You met with him? >> Yep. Yes. And do you have an idea of what he's talking about in terms of site improvements in ter he's saying these may be more
than you contemplated. Do you talk to him about what you have to do? >> Basically it is costly. It is. >> Yes. >> Yes. >> Before before you. >> Yep. >> They did what you said you did. They
would met with the engineer and they work it out. >> Yep. Yeah. >> Are you at that point? Do you know what you're going to have to do? >> Yes. >> So, you would be comfortable with the board saying, >> "Yes, I'm comfortable. >> Approval subject to the township engineers approval."
>> Yep. >> Because it's strange here. The impervious surface is just barely over what is required. It's your building coverage that But that's all leads to storm water management. >> Yes. So, >> so they're going to come back to your
home when you're done. >> Yep. >> And make sure that you did what was needed. >> Yeah. >> I think we I think you have to get a revised plan showing what the engineer >> Yeah. We have we see nothing. >> Right. >> Right.
>> We don't have a plan showing us that you are going to make changes that the engineer has requested. So what this board is suggesting if I'm correct >> is please >> did you submit a plan?
>> Did you submit a plan to the engineering department? How how you are doing that? >> Yes, we already >> we already submitted. Yes. Yeah. >> Did you submit a plan specifically addressing storm water management to the engineer? want to show that
>> with dry wells and everything else. >> Yes, right there. >> But then >> and did the the engineer saw this? >> Yes. The storm water. >> Yeah. >> Yes. The town >> engineer. When did you show this plan
with the storm water to the engineer? >> Before March 30. This is the label. >> Say that again. >> Is this the same? >> I have no >> This is 106.
>> What is the Where did you get this plan? >> This plan appears to be dated March 30th of 2026. >> Okay. So, has >> this is after the engineering report? Yeah, that's after the engineers report. >> So, this is updated one. I think uh
engineer has re reviewed this. >> Yes, he did it. >> We don't have that. >> We don't >> we don't have enough we don't have an update. >> Uh what is that? >> So, >> this is later from the >> What's the date on
>> April 14th >> in the receipt of the PL? >> Okay. All right. So, let's just make sure the records. >> Yeah. >> Okay. So, you you presented to the board a drawing um dated March 30th, 2026. We're going
to have to we're going to have to mark that. Is this the only copy you have of this? >> You have another copy of it. >> Can I Can I We're going to keep this. Okay. >> So, when you say a drawing, you're saying a professional drawing? >> I'm saying a It appears to be a proposed
site plan. >> I'm going to get my glasses. I think John has a letter. >> We have a letter done by >> date April, let me April 14th that speaks to the plan that you have in front of you, Bill.
>> Okay, great. >> And he said the plan depicts required drywalls to address storm water management on the property. Nor, have you received this? >> It's April >> 14th letter from
>> Did I give it to you? No, you just gave it. I You know what? >> Good job bringing it. >> Sent to me. >> No, no, good job. Yeah, >> good job bringing it. Yeah, >> let me just finish. One sentence left. The roof leaders are proposed to tie into the dry well inspection. The
drywall construction is required by this office. So, effectively signed off on the plan that you >> wonderful. It has a letter confirming it which I'm sending down to >> maybe we have to >> and this one also.
I I I did mark the plans as A1 for >> What about the engine? Do you have to mark this one, too? >> No, that should be in. >> Well, you know, to be safe, let's put an A2 on there for today's date. >> I don't think people need that that plan. >> No, he's got another one.
>> Yep. Mr. Desai said he has You have another copy of the plan, right? >> Yeah, great. >> We have Then >> we just carried in case. >> I don't ever remember that happening actually. >> No. >> No. >> You're lucky.
>> Yes. Thank you for bringing that. >> I did my homework. >> Yes, you did. And you my >> You did your homework. Very good. Thank you. >> Are there any questions from this board on this application? >> No. None. >> Is there any questions from the audience on this application? I see none. Is
there anyone in the audience that is opposed to this application? I see none. Anyone in the audience in favor of this application? I see none. Would one of our members >> Yeah, this is a >> recommendation please.
This is a reasonable application for the family needs and they did very good work going back and forth with the engineering department and ma manage all the plans and submitted and I'm in favor of this
application 2604 Sam and SA Desai 119 Minhaha Boulevard 598 lot 15 zone R4 grant recommend granting a seed entrance to construct a one-story addition concrete patio and stairs and concrete walking stairs contrary to section
430-10 C and section 430-35 coms 10 and 13 and agreeing thanks to the applicant >> to the plans that they have agreed with with the engineer. >> Yes. >> Second Josh, >> yes.
>> Modi, >> yes. >> Naglia, >> yes. >> Patty, >> yes. >> Ready? >> Yes. >> Ryani, >> yes. >> And a gold star for being prepared. >> Yes. Excellent. Very good. application is approved, you will be receiving a notice from the township and at that time you can apply for your permits.
>> Thank you. >> Good luck. >> Lots of luck to you and thank you for bringing all the updated material. Thank you. >> Thank you. >> Thank you. >> That's that's the first time that >> Yeah, it's good. >> Good luck. >> Yes, >> the last application
>> she did our hope. Yep. Application 26 col02 for VA padat 15 Robert Street block 731 lot 16 zone R2 a C variance to construct a two-story addition porch walkway with
step and patio and steps contrary to section 430-35 columns 5 10 and 13. Good evening sir. >> Can you raise your right hand please? You swear or affirm that the testimony that you're about to give should be the truth, the whole truth, and nothing but truth. >> I do. >> Please state your name. Let's tell your last name.
>> And Pundit, last name is Pandit. P as in Peter. A N D I T as in Tom. >> And you are the applicant. Correct. >> Correct. >> And uh what is it that you are? >> Uh okay. So uh uh you know, I bought this house in 2015 with my wife. Uh 11
years later now we have twin girls who are 9 years old and my parents who also live with us who are 70. As they're getting older they're having mobility issues and you know they're having difficulty climbing the stairs up. So what I what I want to do is want to
extend do an extension in the back of the house to build a room for them on the first floor. Uh so that they don't have to go the uh they don't have to take the steps up and down. That's the main concern. Uh the reason one of the reasons why I need the variance is that
because I have an unders sized lot. Uh I have an R2 lot uh which I believe the minimum requirement should be 30,000 ft² but mine is a 15,000. I think it went through some density modification something like that back in the ' 70s or something like that which is why it's a
smaller lot. So that's why I'm kind of like that's a hardship. Uh and >> so if your lot was normal size >> you would >> you wouldn't be here. >> Correct. >> Yeah. Okay. Exactly. >> Have you seen the March 13th, 2026 memo from the township engineer? >> Yes, I I have worked with uh the
township engineer. I've submitted the plan for a storm water management uh to have a a dry well in the back of the house. I submitted my plans to him as well. >> Do you have any idea what the soil is like back there? >> I have no idea. I I discussed that, you
know, that once I dig it up, I'll probably at that time I'll decide like, you know, I in the back there is like a a slope, so I might want to do some spread some soil around and then he told me that if I need to move it, I need a permit for that. So, if that is the case, then I'll I'll
>> I mean, the risk here is you find clay. >> Yeah. >> Correct. >> And you can't can't put a drywall in, you know, clay bed. >> Yeah. >> So, then then you got it stuck. Okay, >> you might
>> I mean that's that's your risk. So the board could go forward. The engineer says he's finally that provided the soils are pvious. >> Sure. >> So you would get an approval. We'd have to get a report back from the engineer
to finalize that decision. >> Okay. >> Which would mean you can't get your building permits until that's done. >> I'm I'm sorry. I'm I don't follow. What do I have her do? >> If you got an approval tonight, >> okay, >> from the board subject to
uh township engineer approval, which is going to go to the soil testing and if it fails, then I don't know what you you're going to have to come back with another plan to the town engineer, >> okay? >> Until you get their approval,
>> okay? >> At that point, you could then get your building permit. Okay. Just from my understanding, like why would there be clay in the back? I >> I have clay in my backyard. It's the type of dirt there is areas of town. >> It's not clay clay. It's a clay dirt.
So, the water never really goes anywhere. Sits and sits. >> So, that's why if you put the drywall in, it's not really doing what it's supposed to do. But this Yeah, this area of the township is got some
soil types that aren't really drained. Well, >> it's okay. Does he have find that out? >> But it's it's hit and miss, >> right? >> Yeah, it's hit and miss. So, that one. >> Yeah. Okay. >> You want to go ahead before you do the
soil testing? >> Yeah. I mean, I want to go ahead. >> Okay. Do you understand? >> It's suggested that you speak with the that that you have your soil tested first before we even can approve this. >> Well, not necessarily.
>> No, it seems to do that point out. >> You understand? The worst case scenario >> is you do the soil test, you can't put a dry well in. >> Okay. >> Which means that you can't get a building permit. >> Sure. Even if this board grants you a
zoning permit. >> Yeah. Yeah. No, I understand. >> Which means you'll have to >> I'll have to work some other way to kind of manage the storm water. >> Correct. >> You know that and you're okay with it? >> Yeah. Yeah. >> Is it luck? You may not. >> Exactly.
>> I guess that's a lot of >> Yeah. Talk about a lot of money if they they have to do something terrible as she's doing. >> Okay. Can we go to that? >> So, you're willing to
>> abide by what the the board has suggested, what our >> planner has. >> Yes. >> So, you have a condition subject to the approval of the township engineer >> which will then your resolution you'll sign your resolution till that's
done, right? >> No, it's a condition of approval. >> Yeah. He doesn't get a he won't get a building permit. >> But he cannot build until that >> No. Well, he can't do anything until >> he So from from zoning it is done
application. >> Okay. >> Okay. Go ahead. >> All right. Any questions from the audience on this application, the testimony that's been given? See none.
Anyone opposed to this application? I see none. Anyone in favor of this application? >> Please. >> Come on. >> Would someone one of the board members make a recommendation? Please.
>> I recommend it. >> The minimous in nature. >> Yes. >> He he's going to go along with uh testing the soil and go along with the engineering department. No reason to say no. Application 26 col02 perendees 15
Robert Street block 731 lot 16 zone R2 recommend granting a CR to construct a two-story edition porch walkway with step and patio with steps contrary to section 430-35 columns 510 and 13 and agreeing to the terms with the uh engineering department
>> second >> yes >> Modi >> yes >> yes >> yes Ready? >> Yes. >> Yes. >> Good luck. >> Thank you so much. >> Good luck to you. >> Good luck. >> Motion to >> Before you adjourn for this evening,
>> there is an issue that involves the potential for litigation leading lawsuits against the um against the board. So because of that um this my suggestion is that you move
to go into executive session to discuss that issue. Executive session means that the public is not because you're talking to me about things subject to attorney client privilege. The public is not you can exclude the public from that portion of the meeting.
>> So do we have to vote to get out of the previous? >> No. >> Okay. We stay in staying in. We have to vote for motion for executive se executive session. >> Norah has to read the resolution. >> Okay. Nora, please at your convenience.
All right. Whereas the open public meetings act PL1 1975 chapter 230 permits the exclusion of the public from a meeting in certain circumstances. And whereas the
uh I'm apologize the township board of adjustments um is of the opinion that such circumstances presently exist and whereas the township of our symphony board of adjustment wishes to discuss
attorney client privilege of anticipated litigation and whereas the minutes will be kept and once the matter involving the confidentiality of the above of no longer requires confidentiality. The minutes can be made public now.
Therefore, it be resolved by the township board of adjustment for Sipony, New Jersey, uh the public be excluded from this meeting. Is there a motion? >> Motion second. >> Second. >> All in favor? I hold a moment. Let me
just uh now we on live somewhere. Nope. Yeah, we're going to hold on >> and