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Thank you. >> Calling to order the board of adjustment Renan Township uh meeting July 2nd, 2026. The notice requirements of the open public meetings act has been satisfied by the placing of a notice of this

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meeting on the bulletin board at the municipal building, filing same with the township clerk and transmitting same to the courier news and the star ledger. Roll call, please. Chairwoman Miss Cynthia Schaefer here. Vice Chair Mr. Auladami here.

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>> Mr. Steve Farcio, he has asked to be excused. Mr. Randy Block >> here. >> Mr. Jim Ferrero >> here. >> Miss Lindsay Cool Bringuel >> here virtually. >> Miss Lorett Cina >> here. >> Miss Donna Drews, she has asked to be

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excused. And Mr. James Miller >> here. >> Board professionals board attorney Mr. John Dill >> is here. >> Township planner Mr. Jeffrey Fakarella >> here and board secretary >> here and all other board professionals have asked to be excused.

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>> Okay. Can I get a motion to excuse Steve Fario and Donna Drews? >> I'll second it. Roll call. >> Chairwoman Cynthia Schaefer. >> Yes. >> Vice Chair Mr. Rulgi. >> Yes.

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>> Mr. Randy Block. >> Yes. >> Mr. Jim Ferrero. >> Yes. Miss Lindsey Corpel, >> yes. >> Miss Laurette Cina, >> yes. >> Miss James Miller, >> yes. Okay, >> excuse me. Moving on to comments and

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announcements. Seeing none, moving on to distribution and contra and correspondence. Seeing none, and moving on to meetings and also seeing none. Okay, moving uh resolutions, none for this evening. Moving on to the applications for this

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evening. The first application BOA case number 15-2024 applicant is Pardep Gill and Jaspar Verde. Location block 74.01, lot 9, 10 Mills Court. Application time extension

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request for condition number one of BOA resolution number 2025-14 permits required for existing non-conforming improvements. Sorry if I messed up your name. >> Oh, no. That's his name. I'm good with that.

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>> Can I swear you both in and swear Jeff in? Can everyone raise their right hand? >> Sure. >> Everyone swear or affirm the testimony they're going to give in this matter will be the truth, the whole truth, nothing but the truth. >> Yes. >> Okay. And can you identify yourselves for the record, please? >> I'm Hardy Gil.

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>> No, I'm J. Okay. So, just to set this up procedurally, the board in resolution 2025-14, which was adopted on March 5, 2026,

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granted seven C2 variances to allow various non-conforming structures to remain as situated on the property. Without getting into all the reasons, a lot of them were there before they bought it. they didn't do it and the board legitimized those deviations with

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the C2 variances. And then condition one was said the following permits required for existing non-conforming improvements. The applicant shall apply for and obtain the following permits within 90 days from the date of adoption of the resolution. So that's within 90

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days of the adoption which was March 5, 2026 which would have been April June 5, 2026. a permit for the existing fence, a permit for the existing gazebo, a permit for the existing pool, and a permit for the pool heater and filter. The

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reasoning behind that was even though the board was granting variances, they wanted to make sure everything was going to be safe to com that it would comply with the uniform um construction code, etc. So, the applicants have submitted a letter dated June 18th.

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It's a little over one page long summarizing they said our application was submitted on June 12th a week after the deadline at that time we were not aware that June 5 was the cuto off date and then they went through you know why

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they were otherwise occupied. So if anyone has any questions or if you guys do you guys want to add anything to what I just said. >> Yeah. Um firstly thank you for your time. Um we just want to apologize for the oversight. we actually thought we had till the end of June and um hence

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that's why we submitted on the 12th of June and after submitting it we learned that we actually it was the 5th of June the end the end date um what we should have done was confirm what the end date was with the office and um you know we had full intention of submitting the

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application so we do apologize and we appreciate your time today >> okay I don't know if everyone got a chance to read their letter uh it's very clear and concise. >> Yeah. >> So, I I have no issues and um you know, you have to come back, but um >> yeah, >> sorry it was so close.

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>> Here's the question. How much of an extension? >> Oh, we >> do you want >> Oh, we actually don't want an extension. We just missed the deadline. >> I understand. You need >> Oh, sorry. Is that I don't know. Whatever. >> So, I'll follow your lead on this. So

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she >> you had ex you had 90 days to not only apply for them but to obtain them. >> Oh okay. >> Okay. So you applied on June 12th, right? >> Jeff, do you know whether their applications who did they make the applications with >> just to the zoning office? There were no

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construction permits that I'm aware of that were submitted with the package. So um Okay. So you understand you've submitted for zoning permits. This is all permits. The board was most concerned. The board when they granted you the variances for the deviations,

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obviously you're going to get a zoning permit. What the board wanted to make sure was that the fence, the gazebo, the patio, and the heater and filter complied with the uniform construction code. So, you need to file applications not just with the zoning office, with

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the construction official. So, you haven't you haven't filed them yet. >> Okay. >> Oh, we're really sorry. We only >> we need to become more aware of that. >> I know it's kind of

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good by this way. I know that the board secretary has been trying >> Oh, no. He's been great. >> He's been trying to work with you. Yeah. >> On this. Yeah. >> So, my suggestion is since the >> the board should just do a restart in my opinion on the 90 days. >> I I agree.

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>> Okay. And it should be 90 days from tonight. tonight. >> Oh, >> not when the resol So my suggestion is they give you another 90 days, but that means tonight is July 2. >> Yeah. >> Someone write something down here, >> please. Thank you. >> August, September, October. So the

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board, my suggestion will give you to October 2. Don't wait to October two to apply. You have to apply and obtain >> Yeah. >> construction after the fact construction permits if applicable. like you're going to apply for a construction per the

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construction official might say you don't need a construction permit for the fence. I don't know if he will or not. He'll certainly want to look at the gazebo. I don't know if you need one for the patio and and you probably need a plumbing permit for the heater or

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filter. I don't know. But just make sure you talk to the construction official and if he says that a permit's not needed for one of those things, get him to put it in writing. permit not needed for fence if it's not needed for fence.

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>> Now, have they applied for zoning permits for all four of these things to you? >> I have to double check. Um >> that the permit was for everything. So, that's why it was all denied. >> Okay. And that was the zoning permit that they >> correct. It was just zoning. There was no construction.

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>> So, would that give the construction office sufficient time? 90 days >> if they're able to submit. We have the zoning permit. Yes. And uh within a week that will be approved and then submitted, but then there'll be a condition that you have to get construction permits. So you'll have to do >> the time that it takes to fill that out.

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And and they do have a longer leave period. >> Chair is asking you they have 20 days. They have 20 days for their permits >> when construction receives their applications. They're allowed 20 business days. >> Oh, so 90 days should be >> Okay. All right. >> So just for their benefit, uh when can

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they apply for construction permits? You can't do it until Jeffrey approves it. >> But in the meantime, you can fill it out and drop it off the application. Drop it off to our office and we can we can facilitate it. >> Where do we apply? Is it here? Township. >> Yes. >> Yes. >> Yeah. >> I should give them an extra month just

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for just for >> you guys discuss it. >> You want to do >> like give them >> you you're suggesting 120 instead of >> Yeah, sure. >> because >> Yeah. >> All right. So, we're going to November 2nd. >> Okay.

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120 days. >> I would highly suggest just schedule a time with me just to come in, fill out the application, and go to construction and speak with their technical assistance. They provide everything to you. >> I'm going to put like step one, step two, and just do it.

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>> Okay. >> Like a 5-year-old. >> Okay. So, we're good. So, we just need a motion to >> to grant the 120day extension from tonight and give them to November 2, 2026 to obtain the zoning permits for all three of these and construction

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permits as applicable, but they have to apply for construction permits for all of them. And it's up to the construction official to either grant them or say they don't need it. >> Okay. So, we'll >> see. Is there going to be a resolution for >> Don't we have to >> But

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this is not 120 days from the resolution. This is 120 days from tonight. >> Sean, will they have to come back here again? >> Hopefully not. >> Yeah. >> All these permits done. >> Correct. If they get the permits done, they're done with with you guys. >> Okay. So,

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>> Randy made the motion. >> Randy made. >> Okay. Uh, can I get a roll call, please? Chairwoman Missia Schaefer. >> Yes. >> Vice Chair Mr. Suadami. >> Yes. >> Mr. Randy Block. >> Yes. >> Mr. Jim Ferrero. >> Miss Lindseay Panguel.

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>> Yes. >> Yes. >> Miss Lorett Cina. >> Yes. >> And Mr. James Miller. Great. >> Thank you. >> Thank you so much. >> Good luck. >> Uh Jim, your your microphone has to go on. But why is Ry's microphone looking like this?

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>> Because I don't know who did what for it stuff. Yeah. >> Oh, it is blocking. >> Yeah. >> Randy has to get closer to it. He can't be standing 5t. >> Hold it up or or >> Okay. So, if Ry's going to talk, he has to hold that up.

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>> My microphone's on. Maybe I just >> need to turn it on. >> You got to turn it on. >> Turn. She's talking to me. >> Okay. >> I thought you knocking at me. I was going to say mine is my >> Jin Miller. James Miller.

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>> Yeah. >> Okay. Sorry. Someone was telling me Jim, so I never know. >> All right, moving to the second application for this evening. BOA case number 02-2026. So I'm going to get this really bad application. >> Applicant is Louise.

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>> Louise Ganga. >> Okay, I'll go with that. >> Did I do it right? Yeah. >> Location is block 44.01, lot 5, 14, George's Place. Applicant C varant for a proposed shed in the front yard. Good evening. >> Good evening.

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>> Okay, let me get both of you guys sworn in. Can you raise your right hand, both of you? If both of you swear or affirm, the testimony you're going to give in this matter will be the truth hold nothing but truth. >> Yes. Yes. And can you state your name for the record? >> Luis Gustavo

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speak. >> Can we call you for purposes of uh writing? Is it Luis GP GQ GQ? >> Yes. >> Okay. >> Men. Yes.

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>> Okay. So, >> I suggest that Jeff chew this one up. >> Yeah, please. >> So, give it up if you want, but you wrote the report. Yes. >> So, the applicant um has a corner lot on Tiffany and uh George's place and he

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wishes to uh propose a a shed in what is the front yard. Um the the applicant wishes to put it in the front yard. Um there would have to be some some reasoning as to why uh this

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location other than rather than elsewhere on the property um where there is sufficient room or setbacks that could be compliant. Um he did apply for a zoning permit. It got denied for that reason. Um and he has applied with the

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survey showing the proposed structure near the driveway. Um and whether that's a reason for um adequate um adequate room for it or is there any

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because this shade could be placed in a compliant location. This is not a C1 hardship variance. If the board wants to approve the shed in this location, it has to be because it's a C2 variance, which is per which is that

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purposes of zoning will be advanced and they won't be substantially outweighed by any negative impacts. So, can you explain to the board like Jeff said, why do you want the shed located where you're proposing rather than in a compliant location? Why does it why do

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you want it encroaching into the front yard rather than shifting it back out of the front yard set back? >> It it's the front yard because the corner it's a corner lot. It's in the in the side of my house as you can see. >> Uh this side I have the garage in here.

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>> Here's what Jeff is saying. You could take that shed and shift it back like that and take it. You wouldn't have a deviation. So they So what Jeff wants you to explain to the board, why do you want the shed here instead of here? >> Because my driveway goes here and I want

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to have the ability to bring things from the shed straight to the driveway and to the garage. If I put the shed backwards, if I have snow and I need to bring my snow, my snow blower, I need to go to the very

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bottom to the of the backyard and bring the the thing to the driveway. So, it's it's a convenience thing for me, >> right? Let's assume for argument sake

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that you moved the shed to the east out of the front yard setback and you extended the driveway to reach it and that would take you out of that problem. You might argue to the board, well, if I put the shed in a compliant location and

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I extend the driveway, that would be unnecessary black top and environmentally it might be better to not extend the black top. That would be a C2 argument. You want to make that argument? Yes, I like it. Thank you.

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>> The only question I have is uh and Jeff, you have gone and seen it, right? From a neighborhood point of view, what's the impact of what is suggested? >> Uh, I mean, it's it's visible. Before you answer that question, is there anyone here within 200 feet of the

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applicant's property? >> Let's ask our board secretary. Did you check the certified mailings to see if all neighbors within 200 feet were notified? >> Yes. And it is satisfactory, >> right? >> Okay. >> I still want to know. Not that it doesn't you know the board doesn't count

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hands but now answer the question there's this for the for the record there's no neighbors here and they've been notified. Go ahead Jeff. >> Visibility is the number one concern. Um the neighbor to the to the northeast to the east um that's

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essentially his sideyard. Um, but if you were to place it in a compliant location, it could theoretically be even closer to his property line. >> Um, >> that that could be another that's another argument. >> So, he he the setback he doesn't need a

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a variance for the setback for the shed. It's more of the location of it. So, it's within the it's within the front yard setback to Tiffany Drive. Um the only thing that's not shown on the on the survey is whether the how the shed is going to interact with the driveway

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because there is an existing fence and then there's there's uh landscaping that has been planted fairly recently. So there's some other you going to take you plan on taking out some of the fence and what about the landscaping that's going to be taken out? Are you going to replace it? >> I'm I'm going to move the the trees to

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elsewhere. >> So you're going to replace them? You're going to >> Yes, I'm just going to locate elsewhere in the land. >> Not moving. >> Okay. So, so Jeff, just looking at your picture, are we saying that the closest neighbor is the one that we're seeing in

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your picture? >> Yes. >> Okay. Cuz I I I didn't drive past it, but I did Google it. So, um there is no one, as you said, next to him because that's where the front yard he's on the corner lot. No, there's no one across

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the street right >> on either George's Place or Tiffany Drive, >> right? >> Do we have any idea what this shed's going to look like? >> Is looking for height and dimensions? >> The question is, will the shed the shed

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unless he seeks an additional variance, which he hasn't, the shed will have to comply with all other ordinance requirements other than the location. Right. >> Okay. >> Now, if you're asking is he going to paint it pink with purple polka dots,

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ask them is it gonna What color is the shed going to be? >> Same pattern of my house. >> And what's the color of your house? >> Brick brick with a beige brick. Brick front and very >> If the board wants to impose a condition

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that the shed should have a color that's consistent with your house, that would be acceptable. >> Yes. Did I >> John? Just because of what happened with the previous applicant, I just want to be very sure. Do you understand the

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requirements of the dimensions and everything? What is required for the shed? >> Do you need help? >> Yes. Exactly. What is the deviation here that the board would be granting a variance to allow? Is it that it's in the front yard? >> Yes.

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>> It's the location of the structure that >> the location of the structure in front of the dwelling. >> Yes. Now the this variance plan shows a dimension of the shed 63.3 ft from the northerly property

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line. Correct. >> Correct. >> Now it does not show a dimension or how many feet the shed would be from the westerly property line. >> No, it does not. >> So do you have a scale? I brought my

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briefcase that doesn't have the scale. >> I also have a question while we're ready. >> You scared me, Lindsay. >> Go ahead. >> Okay. Um, no. I just wanted to ask the question if there's any ordinances from like an HOA perspective because I didn't

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see any other homes that had sheds. So, I didn't know if there was any limitations that are required in the area we heard. >> That's a good question. What she's asking you >> the notes already said that he's got HOA approval. >> Where does it say that? Yeah, it was in Jeff's

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>> in Jeff's uh the last comment if I'm not mist I I read his point out to me. >> Yeah, I'm trying to find it. >> It's see this >> maybe it's on the activities. >> Have you applied your home? >> Yes. And it's approved. >> Yeah, it's on the application form. >> Yes. >> Thank you.

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>> Oh, it's attached to the application form. Okay. >> And this is exactly what you applied to the HOA. Okay, >> let's see what I have the application form here, but that's not attached to the >> number three.

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>> Was also approved of by the HOA. It's handwritten. There's nothing else. >> Yeah, there isn't like any verification or anything. It's just >> in there. >> It says um no other place. He says it's approved by the HOA. Do you have a copy of the

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approval with you >> in my cell phone? Yes. >> Can you take it? Yeah. Can you forward that to the board secretary right now? >> Of course. >> And let's see what the HOA said and let's see what you submitted to them. >> Jeff, did you get the measurement?

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>> It's approximately 69.5. 69.5 from Tiffany. >> Now the reads are gorgeous places. Let's let him forward that first and then we'll talk about the 69.5. >> I don't know if it matters, but I have a copy of the zoning for

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>> not. That's why I'm asking to email it to you. >> No, but I had it includes the HOA approval. Oh, you have a copy of the H. >> I don't need to send them. >> Can you put that up on the screen? >> What? It says >> so efficient.

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>> 192. >> 192 square ft. >> Did he forward an email copy of that to me tomorrow? >> Tomorrow. I won't be in. >> Okay. I'm in July 16th. They mailed it.

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Now this thing says this approval is a conditional approval by the right. >> Yeah. >> What did he submit? In other words, >> they reviewed the he said >> this this the whole zoning permit

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when it was denied. I thought you were asking him for a copy of the HOA approval, but this is from the initial denial approval. You're asking for a new one, correct? >> No. >> Yeah. >> Did they provide it? >> What the HOA approved? >> I see.

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>> Did you send the >> Yes, it's over here. >> He has submitted that. Is that what you submitted to the HOA? >> Yes. >> 16 by 12. I'm really sure. >> Exactly the same dimensions. >> That's a 16 by 12t shed. Is that what's

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being proposed? Yes. The >> plan. Yes. 192 square foot. 16 months. Wow. >> When the board might want to condition, if you're going to approve it, conditioning on getting a new HOA approval with the submission of the

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variance plan dated January 15, 2026 to the HOA with the other dimension also included to make sure that the HOA sees exactly what the setbacks are on it. I'm going to say

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>> it's the same it's a this plant is a is manually drawn while this one it was a professionally drawn but it's the same location the same size area >> that's what you submitted you drew the sh and there's no dimension to either

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the north or the west >> the dimension showing us to the house >> yes >> right I'm trying you mean did you say to the No, I didn't submit this because it's already approved the way that I did. >> Yeah, >> it's enough

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>> for them. >> What would you like, John? >> It's up to the board. >> Yeah, but what's your recommendation? >> I I going back to the HOA, I don't think it's necessary. >> Okay. >> I I really don't. I mean, >> I agree.

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>> We might hold them up because if they only meet once a month, then we're >> Yeah. >> But are you going to put those dimensions somehow in >> that? That's what what I'm suggesting is a condition would be the shed can't be any larger than 16 >> by 12.

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>> And then this is what the board member was asking. If the board approves this, they're going to look at the plan and say the shed can't be any closer to the north than 63 feet. They're going to give you a.3 fudge factor and it can't

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be any closer to the west than 69 feet. So the question is and you're going to have to get a surveyor to come out there because that's going to be a condition Jeff has suggested

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is item number seven. an asbuilt survey will be required for the project and for and for storm water because another one of the conditions is Jeff has said that in number four the additional imperous surface is going to increase the total impervious surface on

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the site to over 20% of the lot area because this is a cluster development a variant is not required for that however storm water grading plan in accordance with ordinance section 296-131 schedule one footnote 3

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L >> no 31 >> 31 31 is required prior to getting the zoning permit. So you're going to need an engineer to draw up a storm water and grading plan if they grant the approval.

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And so that would be a condition if you grant the approval. And if you're showing the shed here, and that's what they're granting the variance for, they're not going to want it to be any closer to the eastern property line than

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63 ft because you're showing 63.3. And they're not going to want it to be any closer to the westerly property line than 69 ft because Jeff scaled it at 69.5. That he just wants to make sure that you're aware of that. Are you aware of all that now? >> Yes.

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>> Okay. Okay. >> All right. Anyone have any other questions? >> No. >> Okay. I think we can have a motion to approve. >> I'll make >> I assume it's going to be a C2 variance based on if he puts in a compliance

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location. He'd have to he would he'd be able to increase the driveway. Environmentally, it's better planning not to do that. And Jeff said if he put it in a compliant location it would be more visible to the neighbors. Yeah. And this and this location again is better

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plant. Those would be the C2 reasons. There's still that condition about the landscape. >> So let talk about that. >> So we about storm water right? You understood that. >> Yes. >> His item number four is a condition.

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>> Yeah. His item number six is a condition. His item number seven is a condition. Um, so talk about the landscape. >> Well, the landscaping, there's landscaping within the fence that will

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have to be removed and then replaced. Um, and then there's landscaping along the the street which were just it was just planted independently. Correct. >> Yeah. Yeah. I I I did plant the deers eight and I'm going to move everything

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that I'm going to remove for the areas where the the deer is destroyed. >> Oh, so you're going to remove the ones on the uh on the street as well. >> No, I'm just going to there's a lot plenty of space between them. I'm going to sweep them uh fit them in between. >> Okay.

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>> You can see from the from the pictures in here that they are very spaced. So, I'm going to leverage this. >> Okay. I mean I mean if there's a condition it would just be >> landscaping that's removed. >> Yes. And then just um >> replace landscaping to re to be removed

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>> and then reviewed during the process >> to be reviewed prior to issuance of what? >> Uh CO >> and Jeff how about the fence issue?

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Well, the he he got to remove the he's going to remove the portion of the fence. >> So, any revisions that would need to be made would be incorporated within either this plan or the storm water plan because he will have there'll have to be some revisions to an engineered plan. >> I have a question. The storm water

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should be done before the the shed installation or no? >> Yes. Yes. The storm water, it's got to be reviewed and submitted, reviewed, and approved prior to you getting a zoning permit. >> Okay. And that process really doesn't have to do with the variance application. If you wanted to even

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extend the patio or do any other improvements on your property before you would do it because it you you went past the threshold of 20%, you'd have to get an engineer to design and install um storm water features on your property.

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>> Okay. All right. We good? >> We're good. We're good. >> All right. With everything John said, can I get um motion to approve? >> So move. >> Okay, >> great. Can I get a vote roll vote,

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please? >> Chairwoman, Miss Cynthia Schaefer. >> Yes. >> Vice Chair, Mr. Suadami. >> Yes. >> Mr. Randy Block. >> Yes. >> Mr. Jim Ferrero. >> Yes. >> Miss Lindsay Cool Bringal. >> Yes. >> Miss Lorett Cina.

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>> Yes. and Mr. James Miller. >> Yes. >> Right. >> There is a pamphlet down by the uh zoning the the department that uh tells you what happens after an approval. It's a simple pamphlet. You may want to pick that up on your way out or it'll just

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help. I mean, >> Gustavo, I'll be emailing you the next steps. Don't worry. >> Okay. >> Thank you very much. >> All right. Thank you. Have a good evening. >> Have a wonderful night. >> Okay. Uh, next application for this

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evening is BOA case number 09-2026. Applicend Steven Fle. Location is block 54, lot 26, 32 Meadow Lane. Application for a C variance for structures with Township preservation with Township Preservation Buffer. Good

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evening. >> Good evening. >> We got everyone sworn in. Can you raise your right hand? Does everyone swear or affirm the testimony you're going to give to this matter with the truth, the whole truth, not nothing but the truth? I do. I do. And the introductory thing that we have

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to address is that Jeff's report says in item six that the only permit that the planning office has in file is for roofing to the existing house from 1986.

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that says based on aerials it appears that the front concrete walk paper patio the walkway and sheds were constructed or improved over the years without permits variance relief is required so I first wanted to ask Jeff so I reviewed

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the notice the notice is for a roof over the patio correct >> yeah that's what I applied for and got denied for >> right because that would encroach into the 100 foot No structure. No structure from the top

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of the stream. Yes. >> So, which of these items would also need a variance from the 100 foot setback from a stream? The reason I asked is I looked at his notice and his notice has a catchall. In other

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words, he's applied for the roof over the patio, but he says that he has he's reserved the right to apply for any other relief that he didn't know about the night of the hearing. So, any of these in my opinion that need that same variance since they

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we're going to ask Jeff, but Jeff I talked with him beforehand. He thinks they've been there quite some time. When did you purchase the property? >> Uh 2001. December 2001. Sorry. 2001. 2021. Sorry. Right. 21 years. >> Jeff thinks they've been there a lot longer than that.

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>> So that to me is not a notice issue. So are there any structures that you listed in item six that have a different variance from encroaching into the 100 foot setback from the stream? >> Yes. >> What is that?

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>> It's the shed. Um it's listed as 9.61 61 ft from the from the property line where 15 is required. >> What are you looking at? >> You looking at this location survey? >> Yes, >> the location survey. There's the

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surveyor >> see the shed >> and and the surveyor put a um a bulk table on on the right hand side of the survey and he lists it as 9.61 ft from the property line and 15 ft is requirement required. He listed as yes

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requiring a variance and then also noting that it's existing. >> Okay. Let me ask you this. Let me ask Mr. Klein a question. This variance in my opinion you need to do a new notice because let's say you're again we looked at the notice. There's no neighbors

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here. So let's say your neighbor to the >> get my neighbors here if you need me to. >> Okay. Your neighbor to the west, right? >> Everyone thinks it's just a roof going over the patio. Whatever you have in the back. No problem. Maybe a neighbor would come or be concerned if he knew the shed

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needed a variance. Can you move? >> Just hold on. Can you Can you move that shed to a compliant location? You move it from 9 ft to 15 ft off the line? >> No. >> And why is that? >> It's big. I don't have the means to do

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it. It's been there for my neighbor who the property line but buttons up to. Uh he moved in in 2001. Uh, he said it was there before he ever moved in. So, who knows? The house was built in 1957. Um, so >> the shed couldn't have been there from 1957.

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>> Yeah. I don't What's the shed made out of? Wood. >> Yeah. >> Okay. If it was built in 1957 could be repaired. It could have been, you know, could have been I don't know. >> Could have been what? >> Well, it could have been structured there and repaired. I don't know. >> Could have been. But >> that the bottom line is if the shed

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remains there, >> in my opinion, >> there's a notice issue. the all the other stuff I don't have a problem with fitting into the catch all >> okay >> because it's it's the same relief being required the shed is a different sort of relief and

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whereas and the surveyor from this May 2026 map lists that shed >> on the table >> normally a catchall is for things that the applicant either didn't know or

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didn't have reason to know when it's on this table reason to know. So I wouldn't want even though it's highly unlikely let's say the board grants the all the variances including the shed >> it's highly unlikely that there'd be a challenge to it but a there could be and

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if there was >> the judge would reverse this thing in my opinion on the notice issue. So, if you want to dot the eyes and cross the te's, you should just adjourn this to the next meeting and let him do another notice adding the shed

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in. And he can't if he can't move the shed. >> So, I have a question. I I'm just thinking if I was a neighbor that was concerned about it, and I hear your point, John, but if they were concerned, I think they would have came regardless to have that complaint, wouldn't they? If they were already noticed. >> Yes.

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>> Yeah. But they weren't noticed about the shed. They were saying a roof over the patio in the backyard, not a shed in the sideyard. >> No, I know. I'm just Go ahead. >> What it comes down to is is the neighbors got the notice thinking this is only about the

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>> No, I understand. I'm saying that if I was an neighbor that was concerned about the shed or something regardless of their property that I would have shown up for the meeting. >> How did How would I chime in? How did the How would the neighbor know it was a deviation that shed?

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>> Well, if they had to think if they had >> Did your Did your neighbor know that that shed deviates? >> No. No. No. So, this was all added on. The only thing I applied for was a a roof over existing patio. Yeah. And then I guess on the visit then all this other stuff came into play. >> That's what that's what usually happens.

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>> Yeah, I understand that. But >> so we're trying to figure out how >> Hold on. on the visit. The other stuff in the back came into play. I don't have a problem with the other stuff in the back because you didn't have reason to go. >> Yeah. >> The shed, as I'm saying, that didn't

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come into play on the visit that shown your surveyor shows it >> on your May 20 2026 shirt. >> Yeah, I know. I have it right here. I see. But I I don't understand why it's existing and the neighbors has always known it's there. >> I understand. >> Yeah. >> The the applicant floor

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>> Yeah. with all pre-existing they still they never got approval. All this stuff he went through the record has never been approved. It's going to legitimize it. >> Can I call him? Do you want >> Well, you can Yeah, you can call the neighbor and have him

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call the neighbor, have him come into the meeting and say he's got no objection. If that means something to the board, maybe that's the the person that would be most likely to, you know, file a challenge. But all I'm going to say if the board >> So okay, so if the board went ahead and

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granted the thing after the neighbor comes in and it gets challenged by somebody, my advice to the board is do not pay taxpayer money to defend this thing. Just tell the judge, >> right? So what we're saying here, it's a technicality. Something came up. It's

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documented. The the notice doesn't say that. If the neighbor comes in and he testifies, that's good enough to say even though it wasn't on the notice. >> That's good enough that that waver will have wave that neighbor will have waved

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notice in the world waved notice. But that neighbor will have waved notice. >> Yes. And that's the neighbor that we're concerned. >> That's the neighbor you're concerned about. Why don't you call him? >> Yeah. Why don't we get the other application on what we can >> because he's not going to be able to tell us over the phone. He's going to have to down to the meeting.

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>> Okay. So, we're going to take a break from >> let's take a break >> this application. Okay. And we'll move to the sec. That'll give you sufficient time. >> I think you lo >> give me a minute. Just catch up with >> Yeah, sure. They're not giving him a just so you

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guys know, they're not giving them a hard time. They're just trying to dot the eyes and cross the tees and be their job. >> Situations where the township would get sued and then of course that costs money and right. So >> we're just trying to be clear and concise. All right. So are you ready to

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move on to the >> Yes. Okay, let me know. >> Also, John, is it possible if he isn't able to come because obviously it's a holiday weekend and things, would a letter as a condition be a letter from them be possible? >> No. No. Even this is an exception we are

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making. This is if I hear John saying >> he's got my phone right now. >> Yeah. >> If the guy can't come down, he should just >> He's coming. >> He's coming. >> Okay. I was going to say >> do you feel that he's coming that if we take a five minute break that he'll be here? >> Should we start up the other

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>> or do you want to start up? >> Okay. So, why don't we take a break if you don't mind? >> Okay. So, >> this we can close this one. >> Yeah. >> Yeah. >> Okay. >> Thank you. >> In a roll meeting back to order. So,

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apparently the applicant's neighbor has arrived. Yes. >> Can you identify yourself for the record and I'm going to swear you in? >> Yep. My name is Jeff Holddron. >> Can you spell your last name slowly? >> That's spelled H O L D R E N.

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>> Okay. And you own Do you know the Latin block there? >> Uh, we'll we'll give you that. What's your address? >> It's 34 Meadow Lane. >> Okay. So, I'm going to ask the Mr. Klein, can you show him the variance plan?

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>> The variance plan. >> Yes. >> Your survey. Show him the survey. >> Where the sh >> So, if you look at the You see the north arrow on that plan? >> Yeah. >> The north arrow points up for north.

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And you see Jeffrey and Elizabeth Cauldron. I assume that's that you're Jeffrey. >> Yes, that's correct. >> That's lot 25. >> Yes. That's a lot you own. Correct. Yes. Correct. Okay. So, the issue became the applicant's notice didn't talk about the

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shed deviating from the 15t setback. So, the first question for you is, do you wave the notice not pointing out the shed? >> Yes, I would wave that notice. >> Okay. Do you object to the shed being located 9.6 feet from your property line? >> No, I have no objection.

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>> Okay. Do you support his variance application? >> I support his variance application. >> Okay. >> Okay. All right, good. >> Thank you very much. Don't leave in case they have any questions. Don't encourage them. Move the seat. >> Does anyone have any questions? >> Second.

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>> No. >> Okay. So, we're going to make a motion to approve. >> Hold on. Hold on. >> Okay. >> There's one other issue in chapter 4.

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>> Okay. That is item number. >> Jeff item number nine. >> Jeff conducted a site visit. A garden was construction constructed that's not shown on the survey. The applicant shall confirm see but touch photos four and

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five. So, and I on the break I had Jeff talk to the applicant to give a heads up. So can you tell the board about if that I you don't need in my opinion a zoning permit to construct a garden. What you

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do need is to construct structures. The ret the retaining and the fence would need a zoning permit. So can you explain to the board where that is located? >> So I don't know if you guys have >> Yes. So if you look on the property, you can kind of see the stream uh in between

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uh my house and lot 27 to the right. um my property line um doesn't go across the lot so or across the stream so we just found out that that's not my property on that strip of land right

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there and that's where the garden is. So technically it's on my neighbor's side but the stream is pretty big. So I take care of that side he takes care of the other side and he never knew about it and I never knew about it until about we got this uh survey done. Oh,

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>> and just for the record, the you bought the property without a getting a survey, correct? >> Correct. >> Okay. >> For the record, we're not going to ask for the name of his attorney. >> In 2021 with a low interest rate,

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though, so we're good. >> Uh, is that the same name if I may? I don't know the answer. I know, but I just want to be >> It's on the other side. >> I know the answers. suggestion on this one is first of all

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the applicant is not seeking any relief. Number two, the board cannot grant variance relief to allow a structure go onto someone else's property. So, my suggestion for this one is, well, let's have the resolution note that he's got a

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garden structure over the easterly side property line and that's at his risk. Board's not granted anything. The only the board in some applications on move it to a compliant location. I

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don't know if you want to do that or not, but if you don't want to do that, you just have the resolution state that is risk. And what do I mean by risk? If the neighbor someday asks them to move it, that's between the two of them. His bigger risk is someday because

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that day will come, you're going to want to sell the property. So when you sell the property, unless it's the same type of market where everyone was just trying to buy up properties and they couldn't care what documentation they had, if he has an attorney that's doing his job or her job, they're going to get a survey.

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The thing's going to be over the line and you're then going to have to move it. So you might just want to plan ahead and on your own move it, but that would be at his risk. >> Yeah. >> Yep. That's up to how they want to deal with that. >> I'm okay with that being his condition. Agree. >> Anyone? No, no, we're fine. All right,

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>> Lindsay, you're okay with that? >> Yes. >> Okay, >> then say yes. >> Yes. So, all right. So, >> we're going to grant We're going to make a motion. Okay. Okay. >> So,

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the grounds for granting this variant. Jeff, in your planning opinion, is this a C1 or a C2? >> That's You know what? Explain to the board first why you want to put the roof. That That's what he's hearing. >> Oh, yeah. How do you want to look over the patio? Explain to me. >> Uh functional living space for my my

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family. I have a 5-year-old daughter. She's fair skinned. It'd be nice to have like an an awning that's permanent that looks nice. Um also, you know, property is unique, too. So, I guess any structure would be contested because of the 100 foot.

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>> Right. So, right, you have an existing dwelling. The dwelling, we don't know about the improvements, but the dwelling was constructed approximately what year? I'm going to ask Jeff. We've looked in the records. I'd say in the 50s. >> So, the dwelling

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was constructed. Is it fair to say in the early 1950s prior to the adoption of the first ordinance? >> That would that would be a fair assumption. >> Prior to the adoption of

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the first ordinance which means do you know when I'm not talking about when the ordinance was amended to make it 100 ft from 75 ft. Do you know when the first ordinance that put the set back at 75 ft from the top but the bank of stream was

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>> uh 2004. >> Okay. So up until 2004 no problem he wouldn't be here tonight. >> Okay. >> Okay. They had it was 75 and 100, but before that it was 50 and 75. But okay, when

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was the 50 and 75? I don't have that. That was in the '9s. It was So, put it this way. How close is the closest structure to the stream? The patio is about 40. Okay.

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>> Do you have the ordinance book with you? Just go in there to this ordinance section. See if there's a footnote that shows when the original 50 and 75 ft ordinance was adopted. >> Don't know if it's going to be in this

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one. If we can find a date where this stuff existed prior to the restriction that's what classic C1 party it's your first applicant tonight I could not show because they had a a

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compliant location. >> No the only date it's actually I'm sorry it's 2006 2006-21 was the ordinance. >> Yeah I'm looking for the ordinance before that. >> Yeah this this does not have the >> Okay. When you look at the aerials, you think that the these structures were put

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in in the 1980s >> 80s to 90s there was a there were a few gaps in the aerials, but it between the two. I don't know if you want to I don't want you in a resolution assuming you could imply based on what

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Jeff said that structures in the rear of the dwelling well you could do it this way if the dwelling was constructed in the early 50s before the first ordinance once these ordinances were adopted basically he had he wouldn't have any

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use of his rear yard other than to walk So you could say that to have reasonable use of the rear yard, those structures had to be installed and you imply that the original stream

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setback ordinance didn't exist at the time that those improvements were installed. If you make a finding based on that implication, that would be a classic C1 variance >> tool to grant variances for everything

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in that rear yard that encroaches in that stream setback, including the new proposed. >> Yeah. Yep. Okay. >> It's already travel. >> All right. >> You guys all right with that? Are >> we all right with that? >> Yep. >> Yes. >> All right. So the resolution is to

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approve the roof. >> Approve the roof. >> The motion would be grant C1 for the roof. >> Mhm. >> Grant C1's or after

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the fact approvals of all rear yard structures. >> Okay. It would be a make a C2 argument for that shed in the sideyards.

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It's not a C1. You could comply. >> Yeah. >> By moving it, >> but it's it's closer to the stream. It could be if he's if he's shifting it over, then that could imply more improvements in that area. >> And disturbance. I think disturbance. >> It looks like there's a retaining wall

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around that shed. Is that a retaining wall there or a fence? A heavy black line? >> Um, bought a retaining wall. >> Retaining wall. Why is there a retaining wall at that shed? >> Um, so the structure stays in in place. >> What's the topography near the shed?

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>> It dips down quite a bit. >> Ha. >> So, and you'd have to if he if he relocated it to a compliant location, >> presumably you're going to need even a higher retaining wall. >> Yeah. with additional land disturbance.

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Correct. Correct. So you could make a C2 variance argument that by allowing the shed to remain where it is, it will be no. So if it's moved to a compliant

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location, there would be land disturbance and minor retaining walls. And the board would say it's better planning

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to leave it Mhm. >> There it is. That would be your C2 argument for the shape. >> Okay. >> And then lastly, that's it. >> That's it. >> And then there's a reference to the >> I'm going to call it garden structure.

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>> Mhm. It's at applicants risk if the leaves it >> where located

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board does not grant any release or its location. How does that sound? >> Fine. Okay. Okay, I just want to bring up just real quick number 10 and that any other uh improvements likely in that

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buffer will result in a denial of a permit and then a board application. >> So, anything else I ever would want to do basically would I would have to go through the same process >> potentially. Yes. >> Yeah. Anything in the backyard? >> Just the backyard. >> Well, >> well, whatever's in that that buffer area,

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>> whatever's in that 100 foot area back side. Then you have your your two sides sent backs in the front section. >> Yeah. >> Right. >> In other words, what the condition is going to say, don't do anything without seeking a permit. Don't be shocked if you don't comply that the zoning permit

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denied. Then you're back in front of these very friendly people, I might add. >> Okay. Can I get a motion to approve? So move. So move. >> Second. >> Roll call, please. Chairwoman Miss Cynthia Schaefer. >> Yes.

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>> Vice Chair Masul Damji. >> Yes. >> Mr. Randy Block. >> Yes. >> Mr. Jim Ferrero. >> Yes. >> Miss Lindsey Kbrangel. >> Yes. >> Miss Lorett Catina. >> Yes. >> And Mr. James Miller. >> Yes. >> The board normally has a standard

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condition that gives you a year to do this. You're going to do this within a year or do you need an extension of that? So you don't have to come back for an extension? >> Do it within a year. Okay. >> Okay. And again, there's a pamphlet down by by in front of the office that tells

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you what to do after an approval just since and of course Taylor is a >> Don't worry, I will note for the record, Mr. Klein, and no offense to the other application here tonight. This is probably the best residential application we have had from start to

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finish. >> Got everything done. >> Cooperative applicant. And just for the record, this got submitted in on May 18th. It got denied the the week after and he's here tonight. I mean, the

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scheduling helped out a little bit, but >> most of the stuff they see, it's like going to the dentist and having the teeth bolt. >> And by the way, not for the record, take your name out. >> I go for a beer. Yes. >> I push for a beer and we sell any of

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those. Yeah, he it's hot, too. The ice cream will do that. >> All right. Both. >> All right. Well, thank you very much. >> All right. I appreciate your help and uh everything. So, thank you very much. >> And thank you for coming, sir. Mr. Neighbor. >> All right. Uh final application for this

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evening, BOA case number 18-2025. Kristen and Kyle Hubla. Uh location block 4, lot 5.071, Harpens Court. applications for a C variant for proposed pool in the front yard and I

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understand that >> we have one refusal. >> Okay. >> Okay. See you guys. >> Away she goes. >> Goodbye everybody. >> Have a good evening. >> You too. >> Okay. >> Okay. Let me let me just get caught up

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again with my notes please. Okay, let's get everyone sworn in. Can everyone raise their right hands? Is everyone swear or affirm the testimony you're going to give in this matter? The whole truth nothing but the truth. >> Correct. >> I do. I do. >> Okay. And can you slowly

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I I know your name, but it's for the record. Your name for the record. >> It's K R I S N. Last name is Kla. K U D L A. >> Uh I'm not Kyle. Um Howard Roberts. uh the contractor on the project.

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>> Hey Jeff, >> Jeff Aarella, township planner. >> I don't want to jinx anything. This thing >> don't >> fairly simple. So Jeff, why don't you pick it up? >> Uh, so similar to the first application

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there, this is a corner lot on um Har Pence and Stanton Station, I believe. Uh, correct. And the the house space is on Hart Pence, but the the rear yard is on um stand station

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and there's very minimal um opportunity for improvements. Uh when you with the front line is it's really if you're looking at the property, it's it's really the the sideyard. Do >> you guys have the uh yes, the various

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get back to the what are they proposing? >> So, they're proposing um the deck incorporated with the project, but the proposed pool is is the structure that requires the relief. Um as part of the project, there was a replacement wood deck that had two tiers and then the

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tier the second tier was going to have the uh the pool um within the deck. Um so it's >> okay explain what about the pool andor the deck deviates what's the requirement and

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>> it's the location of of the structure similar to the first application where this >> okay in front of the dwelling >> the the location in front of the dwelling of state and road this way is there any location on this property where if they wanted to put a pool it

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would not be in front of the dwelling Yeah, >> it would be where the wood deck is currently, but the grade in that area is it makes it very difficult. I mean, it can be done, but the the deck was already there was an existing deck there

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and they would have to replace the deck and put a pool there. >> Let me ask you, >> the reason you say that is because you measure front of the dwelling. I know you measure this dwelling looks to me like it has three fronts. Would you

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agree with that? It has a front from Stanton. It has a front from Hart Pence. And it has a front from where Stanton and Hardp Pence meet. Three fronts. Yes. >> From the structure. Yes. >> Yes. >> Yeah. >> The only nonfront >> is the side.

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>> Is the drive >> driveway? Yes. And you're saying that the wood deck would not be considered the front because because it's it's doesn't it doesn't throw screwed out further than the little bump out on the top. >> That's correct. Structures could

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accessory structures detached from the structure could be in that. And what's the topography where that what that is? >> I mean it it's steep. >> Pretty steep. I mean it goes for me >> and that would put a pool like

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literally right behind or in front however you want to say the house correct. >> Yeah. And there would be no opportunity for for any entrance from from the house. >> You guys have some questions because again this one sounds like to me it's

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>> be one. >> Yeah I agree with you John that there's act three front yards. This is a and and >> we have pre-existing nonconforming use. >> Well, this is not a non-conforming use. >> Well, yeah.

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>> You have 150 foot setbacks all over. >> Is this a setback variance? >> No. >> No. This is has nothing to do with setback. >> Okay. >> And the uses code in the ordinance says you can't have an accessory structure other than a garage in front of your house. This is not a setback issue. This

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is the mere fact that this pool is physically in front of the pump out of the house. >> And even if we had any concerns, the prop where the pool is, it's completely trees, is it not? From from where the

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pool is to Stanton Road. >> Yeah. It's wooden. Yeah. I live in the area. I know the I know the property. Well, I drive by there all the time and I knew previous owners from I'm assuming before you. I don't know when you bought it, but >> it's less wooded from all the dying ash. >> Yeah, it's Steve Slope and it's wooded.

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>> When did you purchase the >> um 15 years ago? Oh, but I live there. My parents built it in 1986. So, I'm second owner. My parents built in 1986 and my husband and I bought it 15 years ago.

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>> But it's it's wooded between the pool and Stanton. Yes. Correct. >> Absolutely. Yeah. >> Yeah. >> I lost some ash tree and we're wanting to put more trees by the family. The more the better for me. >> Anyone have any other questions or you

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guys? >> No. I mean I mean also the shed is also um included with that relief. >> Yeah. Well, let's >> the shed is within >> first pool. Hold on. >> Okay.

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So T1 hardship for the bull. It's got three front lines. There's no other place to put the bull. There's no place. >> Yeah, but it's not. And the deck is not an issue. It's the pool, correct? >> The deck is not an issue.

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>> Now, is that shed an existing shed or a proposed shed? >> Existing. Okay. Do you know when I'm going to ask the applicator, do you know when that shed was installed? >> Maybe 15, maybe 12 years ago. It's >> you guys installed it. >> Yeah. Okay. >> Did you guys get a permit for it?

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>> My husband took care of all. >> That means no. >> Apologize. That means no. >> That's the smartest move you made. He's not here. >> I apologize. >> Okay. So, let me Jeff. What is the relief that the shed needs? Exactly the same. It's it's

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the location of it. >> Okay. So again, is there a conforming location where the shed could go? Not in front of the house. >> I guess based right behind right to the where's right to the north of the driveway as long as it didn't protrude

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out. >> Yeah. >> Behind the bumpout. So there's one potential conforming location. So, why do you want the shed way back there instead of like you were here for the the first applicant who wanted he he needed a variance to have the shed? >> Yeah. >> I found the driveway. You needed

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variance to not have. >> Yeah. It's because all every all the neighbors next to us and all down the block, everybody sheds in the same spot. So, I figured >> I guess figured >> all the between the between the shed and

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the back of the dwelling septic field. >> Yeah. And there's And if you bring it closer up to the house, >> that's not going to matter. >> There's existing trees. >> Yeah. Oh, yeah. I don't want to take any more trees over there. >> Yeah. You don't want to take the trees down. And you know, the neighbors

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neighborhood uniformity. It's uniform with the neighbors. So, it looks good. >> Yes. The other neighbors, if they have it in the rear on hard pence, it's not their front yard. It's not in front of their house. Correct. >> Well, they're on their front is the same as my front room. They have a hard fence

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and they have stand but they're on through lots. Some of them are on through lots. >> Okay. What's the rule for through lots? They can place structures in >> in front of what would be their rear yard but has to meet the front yard setback. But because this is the last house, it's it's it doesn't apply.

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>> Okay. So this shed, let me get this straight. This shed is in a location consistent with neighbors sheds, but the neighbors

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are not subject to the not in front of the house regulation. Is that right? >> That's right. >> Okay. The only other thing I want to add

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is if we were sitting here saying they have to move the shed. Okay, just wait for a minute. If you put that shed in the only place it can be, which is at the end of the macadam. Okay, I'm looking at the madam for their driveway. I think it actually pushes

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that shed past the bump out of the house, which then puts it back in the front yard. Yeah, she she could be. >> Yeah, she's way What's what's the dimensions of the shed? What's the dimensions of the bumpout? We got the scale again,

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>> but the mechan the driveway mechanum >> goes goes halfway into the bump out. >> If you look at the >> Yeah, it's she's she's probably right. >> Right. So, right here is the driveway. >> Oh, I think the driveway in the deal. Never mind. She's right. >> Yeah. >> Yep.

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>> Okay. So, guess what? There is there is no compliant location. >> That's right. ask. >> Don't worry, that's a good thing. No. >> Okay. Okay. >> So, this one again looks like it's a

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clear case of Steve Warren Hart. >> Okay. >> Both the pool and the shed. >> And anybody on the board have any questions? I mean, I just have I just have one item that I'd like to just go over. The fence uh that's that's shown on the property. There's the the orange

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dash line is a township conservation easement. >> Um and the wood fence is shown and it's well over the line. Um I was just wondering if that was >> that one. They they can't grant the relief and that's that's in a

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conservation ement. You guys have had that before. Um, what's is the purpose of the that fence there to keep >> three dogs? >> Three dogs in >> three dogs. >> I want I wanted to push it back. So, it wasn't it didn't cut my property in

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half. So, I didn't want and it's it's um just deer fencing in the back. So, so it's not a full fence. It's just deer fencing. >> Yeah. It says posting rail fence. >> Just just the sides. The rear Stanton Road is is deer fencing. Not what it says though on the on the survey.

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>> Let me ask you when when was the fence put in? >> Again, probably 15 years ago when we bought the house cuz I had a dog. >> When was the uh the couch conservation? >> Oh, when the subdivision got I think I

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provided the notes. Uh didn't have a year, but that this was like eight. This was 80 for these permits. You would have found out about that. This one is a is a problem. They can't grant relief to allow the fence to remain there.

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>> You're saying the orange line? >> Yes. >> The orange dotted line, Jeff is saying it says it's a soil conservation easement on a file >> right up to their deck. >> Yeah. And I mean that was the that was my next question because the the approval that I approved for the zoning

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permit did not include the second tier. It was only for the first stage of it. Um, and that's what I was wondering if there was any disturbance in that area. There's no building permits for it. The deck was only when I purchased it in

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1986, it was my dad built a double deck. And then all we did was make it square instead of octagon to house the the >> the pool. >> So that deck was there in 1986. It was built. Yeah. >> Mr. Ross, did you build anything? Did

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you When did you build the deck that's going to be around the pool? >> The deck is completed. We've had all our inspection. >> When did you start? When did you construct it? >> Uh, last spring. >> Yeah. You didn't apply for a permit for that deck. >> Yeah, of course. He it's it's attached

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in my report and on it has has notes from and I believe I may have talked to you over the phone and we were going to phase it and until the board approved the the pool uh it was going to be the first stage of the of the uh of the deck and then the the second phase would be

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when the pool was approved. So that would be appropriate. Um, and in fact, the last page of my report shows what looks like the octagon's shape and it's actually highlighted and it's probably half the size. I mean, it's not it's

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it's not exactly the same. I mean, the steps are longer and it's put this way. Okay, so he did not do the right thing because he had a permit that told him to do one thing. He did something else. Having said that, does

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the deck encroach into the conservation east? >> It doesn't show that. No, but I don't know if there was any disturbance as part of the construction of it. I haven't been >> how describe how you constructed the second tier of that deck physically. How

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did you construct it? Is it on what kind of >> It's on pylons. Pilings were inspected by the construction official. >> Yeah, but that's right. He he inspected it for the UCCC compliance, not for whether it encroached it to the

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township's conservation ement, not whether it complied with the zoning permit. So, >> but we submitted an asbuilt topographic survey. >> Did you bring in a backhoe to put the >> No, it was all done by hand. >> All did by hand.

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How many feet off the deck do you think you were disturbing by, you know, toilet or whatever >> inside the deck? Because the footings are under the deck. They're not past the deck. >> Are they up to the corner of the deck or the footings like off >> inside the deck? >> How how many inches or feet inside the

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deck? >> Three feet. >> So the deck protrude protrudes possibly. Yeah, it's a slight cantal lever. Yeah, >> canver. >> Yeah, >> I I would think based on his testimony in the plan, the only issue is defense

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do about Well, I do know what to do about it. We had this situation where someone else looks about, okay, if you get committee apply to the township committee to let you keep the fence in their conservation ement, but I can tell you what they're

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going to say. And we say no. So you're saying the fence in the back is deer fencing. That's easy to take out because that's you that you have steel posts and you have deer fencing on it. >> I have think I have wood post to hide it in the in the forest. I'm talking I'm

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talking about in the back. You said along Stant Road. >> Yes. In between each wood post is the deer thing. >> Oh, you drove in wood posts instead of metal post. That's all right. >> It's hidden. >> But wooden wood wooden posts are easy enough to take out. What about the

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fencing? >> But Jeff, show me what would you have to do take this fence out? >> I mean, anywhere that there's a orange dashed line, that's >> Yeah. I mean, it's half of it. >> Yeah, that would be worth nothing.

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>> Well, no. If she had she had she by the Yeah. by the shed, it would it just permit find out about this. If this is if this is the conservation area, that fence is okay. This fence is okay. Okay. Then she got to run a fence up

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there for the dog because everything all this the township's conservation >> and she would have to go to the township committee >> to request. >> Yeah. So I would say that that you could

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see an adjournment for next month, go to the conser committee, see if they'll let you leave the fence there, and then resume in August. If they say yes, then the board could grant your application for the pool without a condition saying take out the fence. If you want to vote,

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they want to vote tonight. The condition could say take out the fence unless you get permission from the township committee to allow it to encroach and give her x number of days to get permission from the township committee. >> I think that's what the board did in that other case.

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>> So in theory, you're saying where that that dash orange line is to the corner of the deck, the fence got to come that close to the deck. >> So this fence is okay. This fence is okay. fence is enclosing. So you have to Wow.

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>> So the fence is going to come that close to the deck. >> If she wants a fence, >> that's like my whole backyard. >> I understand. >> So going to the town should submit >> the conservation ease, but >> right. It's outside your jurisdiction. >> Yeah. >> So it is hard when you pay so much money

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at tax then you have your own little property. But if you would applied for a permit, but if we should have for the fence, you would have found out about it for >> we were young and >> I know we you know >> I know. So you're saying if we put we

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can prove tonight if we put in a condition that they're going to that either >> they have to remove the fence >> they remove the fence out of the conservation easement area and you you specifically say they have the right to put the fence in outside the

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conservation easement area or in the alternative get the taxive committee to approve in writing leaving the fence as in as is in the conservation ement. You guys tell me. >> I mean, it would be ideal if we could put the pool in so she could actually use it this year.

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>> Yeah, that would >> and then see where the chips fall with the fencing. Well, they're going to have to do one of those three options anyway. >> Okay. >> Yeah. So, you might as well get the pool while you're here. >> Get the pool. >> That' be great. Yeah. >> Yeah. >> I mean, unfortunately, you won't get it in before the heat waves over, but you

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know, there'll be another one. >> It's a pre-manufactured pool. >> It's a drop in. >> Yes. >> This has been a boat round. Oh, yeah. Technically, it is. That's right. >> That's why I was trying to make it a little bit. >> So, John, question. >> Yeah. >> Do do we need to put any time frame of

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when they have to go to the Yeah. So, I'm just writing up right now remove conservation event area or obtain written

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approval from city committee to leave. Okay. As is encroaching into

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the conservation conservation ement area within this should be a short time. >> No, I would I would recommend give them till October because the committee is only meeting once a month. >> Yeah. July and August, sir. >> Okay.

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>> By October 31st. There you go. 2020. >> So, we don't have to take the fence down yet until we know whether we have to. >> Yeah. Yeah. Correct. And you know the committing October 31st. >> Okay. >> 2026. Either take it down >> or have the written approval and apply

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to them ASAP. >> Yeah. Because he's got the three door. >> Yeah. So, it's hard for me to >> Yeah. So, I don't want them taking off onto the county road. >> The fence guy. or spend a ton of money on invisible

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fencing. >> Okay, you guys ready? >> Yes. >> Okay. Can I have a motion? Uh, can I can I just ask um for this? Would you guys allow them to

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file for the permits before his resolution or No, >> you know what? >> Yeah. >> Yeah. Yeah. just the >> there's there's hardly any other conditions. So, let them vote first, then ask. >> Okay. >> Okay. >> Let them vote to grant the approvals

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first. >> Okay. Motion with all the conditions that John mentioned. >> So, move. >> I'll second. >> The way Ry's like speaking into it, >> he's respecting his miss Cynthia Schaefer. >> Yes. >> Vice Chair Muadami.

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>> Yes. Mr. Randy Block. Yes, >> Mr. Jim Ferrero. >> Miss Lindseay Cbringel. >> Yes, >> Miss Lorett Cina. She's >> exciter. >> Yes. Now, here's the question. Because

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you know, they have till October 31st to deal with that fence thing anyway. >> And there's no revision condition. It's just rarely happens. >> Um the board can't tell the zoning officer what to do. And you can't tell

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the construction official what to do, but you fit the request, but the board secretary requests a vote of them that they allow them to process all their permits prior to the adoption of the resolution. >> Making the official request. >> Okay. >> So, why don't you at least make a motion

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to request the zoning officer and the construction department to process the permits before the resolution gets adopted. This resolution is not going to be adopted for like 60 days. Okay. >> Okay. an adocket resolution before you >> Can I ask a silly question just for my

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own education? >> Yeah. >> The silly thing about this is a major subdivision was approved with a property with tremendous hardships and limitations. >> That's nothing. This is nothing. >> I know, but I'm saying nothing to what they've seen,

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>> right? But they should have never built a house on this lot. >> Yeah. >> Somebody is now paying >> Yeah. >> huge obligation in taxes >> just like that other guy. Now, her parents, it's not her, she took it from her parents and their parents bought. If they had the attorney

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representing them at the closing, >> he or she, if they were doing their job, would have pointed out, hey, are you sure you want to buy this lot? Because you got a conservation easement that takes away half your back. >> Yeah. No, I think it's because my dad

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never wanted to put on a pool, so you know, and he liked the woods. We had so many more trees back then. >> But your lot is so limited. >> Yeah. >> But you had you've seen people come here to say they wanted a big lot and they wanted the woods. I didn't care if there's a contribution. >> That's yeah. Yeah.

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>> All right. So, I'm get I'm making a motion >> to request the >> zoning officer and the construction official the process permits prior to the adoption of the DOA resolution. >> So, I need the minutes only. This doesn't go into any resolution. That's >> You got it. And that's

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>> in the minutes is to protect everyone's >> and that's the permits for the deck, the pool, and the shed. >> That's right. >> Okay. >> I'll make a motion. >> Okay. >> I second it. >> Okay. You want a roll call? >> Yes. >> Chairman. >> Vice Chair. Mr. Suadobi. >> Yes.

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>> Mr. Randy Block. >> Yes. >> Mr. Jim Ferrero. >> Yes. >> Miss Lindseay Coal. >> Yes. >> Miss James Miller. >> Yes. Again, this is not for the resolution. This is for the minutes. >> Okay. The board has requested you. You're not on your own. The board has

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requested you and you're not off on your own. They requested. >> Okay. >> So, my client understands that now we can at least apply for the the permit now. >> Just I would just advise give me until Tuesday or Wednesday and I will let you

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guys know what you can do. >> You might be doing after permits because you went ahead and did the other fates though. >> Okay. Good. >> Thank you so much. All right. >> All right. All right. Any other business for this evening?

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>> No. Have a se. >> All right. Uh motion to adjurnn. >> I make a mot. >> All in favor? >> I