we ready calling to order the board of adjustment uh RA and Township New Jersey regular meeting April 17 2025 notice of meeting the notice requirements of the open public meetings
act have been satisfied by the placing of the notice of this meeting on the bulletin board at the municipal building filing same with the township clerk and transmitting same to the Hun County Democrat the Courier News the Star Ledger and the Trenton Times roll call
please chairwoman Miss Cynthia Schaefer here here okay okay i I He was being a pain in the neck to you so I'm like he's asking you to do more than necessary okay we have We have
a bit of a history wait Jeffrey turn his microphone on i forgot a marijuana application not the smoking of it thank you so much for that team now we know what's going on all right makes sense all right then
thanks for holding out make sure that's in the transcript yeah make sure that's in the transcript vice Chair Mr russo Damji here mr steve Fario I'm present mr randy Block here mr mr jim Fero has asked to be excused miss Lindsay Cool Bringal she's also asked to
be excused miss Lorett Cina here miss Donna Drews here mr james Miller here uh board professionals board attorney Mr john Drill here township planner Mr jeffrey Borarella here and all other board professionals have asked to be excused
but you're here taylor Vaughn oh uh board secretary Taylor Vaughn here okay like I say you're not excused can I get a motion to um approve Jim Ferrar and Lindsay Krue so move second roll call please
chairwoman Miss Cynthia Schaefer yes vice Chair Mr sodami yes mr randy Block yes mr steve Farcio yes miss Lorett Cina yes miss Donna Drews yes mr james Miller yes okay moving on to comments and
announcements having none moving to distribution correspondence non meeting minutes so we have three minute meetings for close session I have to do each one separately correct okay close session meeting minutes for December 19th
2024 I'm just going to ask for everybody is eligible a resolution to uh to approve a mo a motion to approve motion to approve excuse me thank you I make that motion I second Thank you roa Chairwoman Miss Cynthia
Schaefer yes vice Chair Mr sodami yes mr randy Block yes mr steve Farcio yes miss Lor Cina yes miss Donna Drews yes mr james Miller yes okay moving on to minute meetings for the session on March
6 2025 can I get a motion to approve so moved i'll second it roll call chairwoman Miss Cynthia Schaefer yes vice Chair Mr mr damchi yes mr randy Block yes mr steve Farcio yes miss Lorett Cina yes miss
Donna Drews yes mr james Miller yes moving on to meeting minutes on March 20th 2025 can I get a motion to approve so move i'll second it roll call please chairwoman Miss the Schaefer yes vice
Chair Mr sodami yes mr randy Block yes steve Barcio yes miss Laura Catina yes miss Donna Drews yes Mr james Miller yes great thank you moving on to the res resolutions for this evening first resolution Ryder Township Board of
Adjustment 68 Route 31 Flemington LLC block 35 lot 5 5.01 12 and 13 68 Route 31 and 120 124 126 Pennsylvania Avenue application
number BOA-22-2022 and BOA-30-2021 resolution memorializing grant of multiple D1 use variants to allow the following prohibited uses on the property one contractor yard use two
outdoor storage use three flex space use four multi-uses on on a single property five fueling of vehicles six maintenance of vehicles and seven 24 by7 operation
of a commercial snow removal use and various sea variances and various exceptions minor subdivision approval and preliminary and final site plan approval to allow construction of various site improvements resolution number
2024-14 version 2025 04-11 version 5 i'm very happy to say that there are no more comments on this resolution and I'm hoping that someone just makes a motion and second it and
gets it adopted so moved i'll second it roll call chairwoman Miss Cynthia Schaefer yes mr randy Block yes miss Loretta Cartina yes miss Donna Drews yes mrs james Miller yes okay
moving on to the second resolution for this evening ron Township Port Justin Pioneer Developers Inc one Barbage Drive block 36 lot 13 application BOA-26-2020 resolution memorializing
grant of a C2 variance to allow the removal of 89.71% of the tree canopy and C a C2 variance to allow installation of a monument sign within the set sign setback area an exception to allow
installation of a galvanized guard rail and amended preliminary and final site plan approval to allow substantial changes to the previously approved site plan resolution number 2025-3 version 2025-04-17 version 8 and I'm
extraordinarily happy to say that there's no more comments on this and the applicants attorney has agreed that everything that the board wanted in here can remain in here uncontested great can I get a motion to approve randy you
can't it's not you thank you no problem who made the motion i make the motion sorry i'll second thank you roll call sorry uh chairwoman Miss Cynthia Schaefer yes vice Chair Mr rulami yes mr
randy Block yes miss Laura Cina yes miss Donna Drews yes okay moving on how about far oh I'm so sorry i do that every time mr c4 yes
okay moving on for the applications for this evening first first application BOA case number 04-2024 applicant 207 Everetts Monsanto Property LLC location block 86 lots 3
and 4 207 Evers Road application time extent request for obtaining signatures on final site on final plans and zoning and construction permits good evening good evening uh madam chairperson all members of the board Steven Gruinberg
from Gruinberg Law Office on behalf of the applicant the board will recall that uh we presented this application for approval we've been diligently filing our plans and working with the board's professionals to have them signed off i think they're actually very close to
being signed off we're just waiting for some additional input and um we would request that the time period to have the plans be signed off just be extended another 6 months which would be to October 17th 2025 and that the time period to secure
the um building permits be and zoning permits be extended from a one year from today which would be April 17 2026 and then the time period to finish construction be to April 17
2027 and that would be revisions to paragraphs uh to condition C1 on page 21 correct that's where it says the applicant shall have until April 17 2025 to revise the
plans and obtain the signatures on the plans and you want until October 17 2025 for that is that correct that's correct and then condition number 16 on page 31 that gives the times within which to
obtain zoning and construction permits and commence and complete construction and I'm just going to read this condition with the dates that Steve wants in there okay so right I'm not going to read the dates that are in there now i'm going to read the new
dates that he wants in there so this condition would read if the board grants the relief he has asked for the applicants shall apply for and obtain a zoning permit and all construction permits if required by the zoning
officer and the construction official by April 17 2026 period if by April 17 2026 or extension thereof as granted by the board the applicant
fails to obtain all required zoning and construction permits and fails to commence construction that within approval shall automatically expire and become null and void the applicant shall have until April 17
2027 or he'll have until April 17 2027 to commence and complete construction and obtain a
permanent certificate of occupancy if by April 17 2027 or extension thereof as granted by the board work is not completed and a permanent certificate of occupancy is not obtained that within approval shall automatically expire and
become null and void now those are the changes he wants those are the extension dates he wants he also correct wants to have the board extend the time the statutory time period that he has to record the minor subdivision approval
the statute 405D-47 which governs minor subdivision approval because that's they also got besides preliminary and final site plan approval they were also granted minor subdivision approval so the statute says
you have 190 days to file that they also need an extension of that so if the board grants this approval the typical ext modification of condition and extension resolution I would draft but I'd add a paragraph that
would say something like this under the municipal land use law namely NJSA455D-47 the applicant would have until May 5 2025 PN 190 days from the date the resolution of
approval was memorialized in PN to perfect the minor subdivision approval by the recording of deeds or a plat njsa 40 colon 555D-47 PNF F as in Frank and PN permits
the board to quote extend the 190day period for filing a minor subdivision plaque or deed pursuant to subsection D as in David of this section if the developer proves to the reasonable satisfaction of the
board that one the developer was barred or prevented directly or indirectly from filing because of delays in obtaining legally required approvals from governmental or quasi governmental
entities and two that the developer applied promptly for and diligently pursued the required approvals period end quote and the proposed finding would be the board finds that the applicant has been barred or prevented from filing the deeds in light of the connection of
the recording of the deeds to the approval of the site plan documents which the applicant has been diligently pursuing the
board therefore extends the time period for the developer to perfect the minor subdivision by recording the deeds to November 5 2025 which was the original 6 months from the original date which is equal to
the period of delay caused by the wait for the required approvals period then I would have a condition i'm going to add a condition in here make that condition 17 i'll make the catch all 18 it's going to be
record deeds by November 5 2025 so that's what the resolution would look like if the board grants the modifications and the extension he wants if anyone has any
questions ask him i don't have any does anybody have any questions okay can I get a motion right john I can get a motion to approve right
you make a motion to grant the modification and extensions someone going to second it second okay roll call chairwoman miss Cynthia Schaefer yes vice Chair Melodami yes mr randy Block
yes mr steve Barcio yes Miss Laura Cina yes Miss Donna Drews yes Mr james Miller yes thank you next application for this evening BOA case number 16-2023 applicant is Applicant is Re RTL Firmington LLC
target block 38 lot 325 Highway 202 application time extension request for obtaining zoning construction permits and certifi certification of occupancy hello good evening stephen Gruinberg on behalf of the applicant um as you you
know I'm a project manager you're not managing your time very your applications are not managing their time very well actually this is going very well i've got uh four matters on in one night so that is good time yeah but these projects are time delayed it's not going well well this one is as you can
probably tell Target is actively um doing construction on the site and quite honestly I thought that all zoning permits and building permits had already been obtained because they're actively building but I think there's some uh issues dealing with the card corrals landscaping islands the electric card
charging stations ground signs and landscaping that technically the zoning permit or the building permits haven't been received yet with respect to those um the site is actively under construction um and we expect to um
resolve any of those issues i know the landscaping issue that I had filed an application for for a modification not an application but a request of the board for modification we we resolved that issue with John so um it's just
tidy again tidying up the plans and getting the permits actually filed so we're requesting an extension of that time period uh from condition number 13 for a period of one year to March 25th 2026 and to complete all construction
and improvements um uh to also I I think I asked for March uh yeah what I did I took what you requested in the letter and I've marked up that condition also which I'll read
to the board so they understand what you want Jeff do you want to is there any update or status that Steve hasn't mentioned that you think want to mention yeah so we we actually had a um I don't even know what to call it it was a another we
have a pre-com meeting but we had an update meeting which is very rare it's when we uh we met with the the contractor and and the managers and um seems like there was miscommunication um but we we were on the same page there's
there's many steps that need You wound up on the same page yeah we wound up on the same page but there's many permits that still need to be filed um like Mr groomberg mentioned there's there's EV stations that still need to be confirmed there's um a couple other uh signage
permits that haven't been filed so um not only construction permits but zoning permits haven't been filed i think the confusion um perhaps on our part was that we thought if you got a zoning permit for the approval you
didn't need to get separate zoning permits for every different aspect of it and we had some guy for the for a house argue that you know he got a permit like to do the deck and he thought that covered you know his walks and this and
that so I will just state I have been very clear every zoning permit that's been approved on what it is exactly for and you can also be clear that I have had no involvement yes that's the smartest thing very true but um I think
that should change i there's only so much that I can do but I I you you know B that this target application and this development is actively being built and they've been working with the township to try and get
all this resolved yeah but Steve is that why it's taking so long like it this is this is a long construction it's actually not if you think about it i drive by it five times a day and I got to tell you I'm astonished to be honest it's there's just too many people too
many hands in the pot that's what it's coming down to you have the construction team coming in and you have people from Target coming in and then you have another person from their We're still waiting on revisions for from Bowler a couple field modifications that we
haven't we haven't received here's the bottom line you guys don't want to see them have to come back and get a new approval or anything right no you guys want to extend these things right so So let me read what the what it would say this is what I'm reading from is
corrected resolution number 202403 C as in cat for the benefit of our board stenographer um so this is condition 13 so instead of reading the dates that are
currently in condition 13 I'm going to read the dates that would be in a resolution modification and extensions if you make the motion to grant it so condition 13 which is titled time within which to obtain zoning and construction
permits and commence and complete construction would read the applicant shall apply for and obtain zoning permits and all construction permits by March 21 2026 this is extending this a year because they have these other permits
they have to apply for if by March 21 2026 or extension thereof as granted by the board the applicant fails to obtain a zoning permit in all construction permits that within approval shall automatically expire and become null and
void the applicant shall also have until March 21 2027 that's a year after these permits to complete all construction and obtain a permanent certificate of
approval or occupancy as the case may be is it a certificate of an approval here or a certificate of occupancy occupancy okay if by March 21 2027 or extension thereof
is granted by the board the work is not completed and/or a permanent certificate of approval or occupancy is not obtained and within approval shall automatically expire become null and void anyone want to make a motion on
that one can motion to approve so move roll call chairwoman Miss Cynthia Schaefer yes vice Chair Mr russell Damji yes mr randy Block yes mr steve Farcio yes miss Lorett Cartina yes miss Donna Drews yes
mr james Miller yes class class for project management will start next week on Tuesday evening they're actually doing I have target here they're actually very interested and and want to move this believe me they want to move well yeah it just it just is you know
this isn't I'm not picking on target yeah we're not picking on target it's it's the the contractors that are out there can you Why don't you come on up i I We have a lot of time extensions coming forward and it's like for Target um I'm senior development project can you spell
your last name m A T H E R N um we are anticipating being open in August of this year so hopefully these large extensions will not come to pass but this is well within our construction time frame and we had budgeted usually about a year for a project of this
magnitude i know that sounds crazy for an existing building and an existing shopping center but um you know we are doing a lot of work to this building and the parking lot see and so you know this has not taken longer than we expected it
to um I apologize for all the issues that are happening with the site and the contractors and like you said a bit of too many cooks in the kitchen but we are not behind schedule you know again this is how long we expected it to take so I
have a question so given that he's very reliable but since he washed his hands he just comes for time but I'm just curious uh is there a single point of contact for all the
things you guys are doing which are related to Are you the person i am not um and there is not because this is a shared project between the owners of the shopping center and bargain so we are a tenant of theirs and so we are doing the
building work they are doing most of the parking lot work but they also hired our contractor to do some of the parking lot work so it's so if it's very convoluted about all the permits now because it's not his responsibility to keep count of
what you guys need understood uh you guys are fully sure that you got everything it's not going to delay anything for I think that is the purpose of this well put it this way can I say something you just gave them a year right to next and then another year to finish if they don't I think Target's
going to be quite Oh yeah i mean at the contract if we're anywhere close to those dates I will not be back because I will no longer be at Target at that point it would be that big of a problem um so I just don't want our team to get him i don't want that oh we didn't hear
that from Jeff or it was unexpected just want to make it very clear they provided us i'm not sure who produced it but they provided our team with a list of everything that's needed i know they've been in multiple times since to clarify a few things um to be honest I mean I've
worked in New Jersey and all across the country and I never heard of having to submit a separate zoning permit for different site features so that is was new to all of us and I can't speak to what they knew from the beginning of the project but um we have target we have a
construction project manager who is not on site on the regular she's on site occasionally but not on a regular basis and then we have what we call an outside um site representative who works for Target who's there every week or every twice a week um so I mean there is a
chain of command like we know who's doing what on our side but from a site you know construction perspective I can't say that there's one person in charge of everything because there's a lot of different facets involved okay did Did I hear you say
August you think you're going to open in August that is the plan um that is the plan we should be finished with construction in June the site might not be completely complete but as long as our our store
team can access the site they will start and we can get a TCO they can start setting up the store that takes about two months and then the plan is to open in August so you know fingers crossed there is an awful lot to be done and I know there's permits to be they're just
not going to tell any of their contractors that they just got an extension because you know when you give contractors an extension well no need that extension no I'll say I've I've already um let them know but I could
tell you that I cracked the whip at the meeting so they they know what they have to do and to be honest you saying that you guys are on top of schedule makes it seem a lot better because the contractors don't act like that so they I mean this
that is our schedule it was expected to take this long so we are not behind the schedule i'm sure there are things on site that are not you know everything is not 100% on schedule and I don't hold that construction schedule i I'm more of the designer entitlement side of things
so I can't speak to that exact schedule i'm just telling you we haven't pushed out our opening date i I just want to I just want to make sure that it's cleared just because you said you're going to get a TCO and that's not the board's job that's going to be the zoning officer so
it's that's going to be between you and the zoning officer oh I understand okay we've had the we've had this discussion already um um Ryan McCarthy was also at the meeting so you got both both opinions already stated in front of um several different parties so at this
point it's it's it's been stated what was stated it was stated that a permanent CEO had to be obtained in order for them to open oh so I'm just um asking one more point of clarification the store can potentially
open to customers before you hear what Jeff just said no no no no no jeff said that store is not G as zoning officer and the township engineer have told the maybe not our witness here that the store is not opening without a
permanent CO that's what they've told her right so that's I say we don't even don't worry about it that's not that's not our business that's between them and the zoning officer the only thing I got with the only thing I was saying with respect to everything not being 100%
complete is generally we would like to get in and start setting up the store because that takes two months before we open we'll we'll deal with the but obviously yeah we'll do whatever we need right that's the zoning officer because even if this is even if you disagree with the zoning officer is that's not
well anyway hopefully hopefully keep the board out of it if you can do our best thank you well thank you thank you have a good evening okay uh next application VA case number
05-2025 applicant is Fred how do you pronounce that last name crunch crunch crunch crunch crunch crunch location block 85 lot 3 111 Evers Road applicant request for non-conforming use
certificate i understand Mr randy Block will be recusing himself and Mr ferraro will be recusing Mr ferrar that's why Mr ferrar is not here tonight randy thank you have a nice night yeah thanks for coming yes
i can't hear okay well we'll talk real loud need a She keeps telling me you need a herinade i said "No I don't." Stephen closer i'm sorry
closer every time I go to West I get this i don't know what it is don't go there anymore don't go you're here a lot um good evening Stephen Genberg on
behalf of the applicant Frederick Kron who the property is 111 Evers Road in Ringo's uh mailing address and it's block 85 um lot three that doesn't sound right to me off the top of my head but that's what's on and that's what's on
Jeff's memo also that's correct okay okay good um the uh property is located in the R3 residential zoning district and it consists of a single family house and three apartments in the back um we
provided the board with the um the tax information indicating that the structures built in 1956 it was built when 1956 right 1956 not 1966 1956 56 56 uh
and in fact what's interesting is in 1972 there was a subdivision that took place of the property and on that subdivision map that we provided to you the single family home and the three apartments are located on the
subdivision map i'm going to have Mr promps testify but I was actually out there today and the way it appears on that map is the way it appears now there's the single family residence and the apartments will be in the back yeah when you say the single family residence
that's obvious when you say the apartments in the back that's if you're looking at this map it looks like a long rectangular building correct there's three apartments looks like a motel sort of but a really nice a nicer a nice motel nicer than some other
motel that you represent no I won't go there okay but I mean it's actually I was out there today with Jeff and I think he will attest to the fact that it's extremely wellmaintained and is very attractive in the landscape and it
is very nice um and they look like little mini units with uh I have pictures for you too um so and Mr prompts bought the property in 1986 and he'll testify that he hasn't changed
anything on the property since when he bought it and it's been used the same way as a single family home and three apartments we're asking for certification of this property as a pre-existing nonconforming use um the
interesting thing is that Mr varela uh had in your packet in his report a complaint that had been filed by um a tenant of the property and Mr cr will tell you about that tenant which is kind
of an not yet but the interesting thing is that you'll note that there are no violations no notices of violations issued there's no um recourse on any of that stuff and Mr will tell you the nitty-gritty about
what happened there um and but there's been no zoning violations and the property was subdivided in 72 without any concerns about there being a single family home and three apartments on the property um so with that I provided
proof of service and publication of the notice of hearing and asked that the board attorney confirm jurisdiction and I reviewed the form of the notice and found it satisfactory and the board secretary reviewed the certified
receipts and everything is satisfactory everything's in order so in my opinion the board has procedural jurisdiction over the application so at this point let's get the two witnesses sworn we have Mr say you pronounce his last name
kron and we have Jeff Vakarella the township and board planning expert so can both of you raise your right hands and do both of you swear or affirm that the testimony you're going to give in this matter will be the truth the whole truth and nothing but the truth yes sir
i do okay mr kron are you the owner of the property known as 111 Evers Road Ringo yes and did you purchase that property in about 1986 yeah 1986 and that was you
and your wife who purchased it right and what type of property is it what's on there well there's three apartments and then there's a house in the front a small house has two bedrooms and the apartments all have one bedroom so um
has that situation changed at all from when you purchased the balcony so it's it's just uh the single family house in the front and three one-bedroom apartments in the back there was an old shed i tore that down a lot of trees and
I cleaned the whole place up when I built it okay and um you were provided with a subdivision map when you purchased the property yeah and we supplied that to the board correct yeah I don't know if I have to separately mark it no it's it's part of
the uh the application file okay let me just show you what uh we provided to the board and I'll turn it the right side up and it show that subdivision map shows this first let's identify it just
it's prepared by Robert C bogart and Associates and it's cut off on my copy but it says June something something now on the original it's the original that Jeff has
in the board file it's dated June 26 1972 oh I could I didn't know if it was 7071 or 72 i see yeah it on the far to the left you can
see there yeah 1972 and it was also um signed off by the Hunter County Planning Board on or about June 24th 197 do me a favor Jeff read you have the original in front of you read the uh the There's two boxes
there's a I think it's July stop for a second there's two signing boxes one is sign off from the Raran Township Planning Board that is dated what august 22nd 1972
and then there's a Hunter County Planning Board stamp of favorable findings dated July 3rd 1972 and and received June 29th 1972
okay great and on that map it shows the one-story frame dwelling correct right and it also shows the onestory frame apartments correct that's right and and
it shows your drive area and the one-story frame garage uh connected to the apartment it's all one one building it's all one building right um other than that shed which you said you remove i I removed that shed does this um
layout appear exactly as it is right now it's exactly the way it is this is the parking lot the house yeah and that's that's the way it um looked when you purchased it too in 1986 i didn't realize it has as long as I did
i had it 39 years i have a question life goes by fast doing this so the parking lot the way it's depicted on this plan is exactly what's on site right now yes yeah because I I was on site today and there's a there's a pulloff as soon as
you come down the drive after what's labeled the frame shed it it it comes off to the um to the west the way the way that is that little that that turn off is for the front house it goes right around i had it
paved it's like you could come in there and go right around that whole driveway you don't have to turn around yeah yeah so it's not it's not on this plan okay why is that not on this plan when was that put in what What are When was that put in because it's not on this plan so
when was it installed the the turnoff the What are we talking about here i don't understand what What you mentioned a turnoff that is well here's a If you were down here today this is the house jeff go over
there please and show take the big one with you this comes down there's a big parking area here don't let anyone write on that there we go yes there's an option to pull in how it's depicted on the plan but then there's an
option to to park to the left and where's there's the frame shed there's a dumpster enclosure with Right yeah there is a dumpster here but see this right here there's a tree right there and this goes right on around and
out when I had it paved I had them just paved that because it made it easier for these people they would park here and then it could just go right around jeff find out when it was paved when did that take place oh my gosh i don't remember to tell you the truth it had to be 25
years ago okay how soon after you purchased it did you pave it if you purchased it in 1986 I didn't pave it for probably another 10 years so you believe you paved it
sometimes in the sometime in the 1990s the mid 90s ask him that Steve did you do it sometime in like the mid 90s about 10 years after you bought the property I would say probably I'm not sure at all i'm really not okay okay when you bought the
property I'm going to ask Jeff who took some pictures when he went out there today to email the pictures to our board secretary so she can put them up on the screen but the the long building that has the three tenant apartments looks
like it's in immaculate condition it is so when was that redone that was not in that condition when you bought it in 1986 correct well yeah i I I've just painted it and kept it nice so you're telling me that the same siding is even
on that thing since 1986 yeah i maintain stuff i'm telling you okay how about the dumpster enclosure the what how about the dumpster enclosure thank you what about it yeah when was that when was it
i hated that soon after I bought it i don't want a dumpster sitting out in the middle of it you demolished the shed and then placed the enclosure in the same exact spot they all used a dumpster i enclosed it because it just looks
nicer you know so on the drawing the that was provided we are saying that where the framed shed location is is where the dumpster is now that's correct the where the frame shred shed back
where the frame shed was is now where the dumpster is correct thank you is the dumpster right up to the property line no there there's a little property behind it because the shed was right up to the property line it's just a little fence is all it is
the enclosure steve ask my question the shed looked like it was right up to the property line is the dumpster enclosure right up to the property line the shed looked like it was up to the property line does this dumpster go right up to the property line or is it set back a little no it's up this way from it how
many feet i would say probably eight or 10 we're like nibbling on the side issues oh is he sending pictures yeah okay let's just get see the pictures then get into the uh the zoning ordinance the first
ordinance was adopted according to Jeff's memo in 1956 but we're going to have to find out the month and year and then if you're if the structures were all constructed prior to that month and
year in 1956 this is going to be a very easy application i understand month of year of 1956 was December of 1956 when the ordinance was adopted jeff if you can do two things at once was the ordinance yes that's that's that's
correct okay so the first ordinance December December 1956 and do we have any from the property record card does it just say 1956 or does it give a it says year built 1956 1956 does it can we find any
indication of whether it was prior to December it just that that year is just estimated there's no there's nothing that's actual it's just something that they refer to listen I understand but if you're looking for evidence and all you got is
a tax assessor's card and that the township record and the township record says the thing was built in 1956 so wait wait wait wait wait so we're saying the ordinance was adopted in December of 1956 that's right and in
order Okay in order for this to be a law it's not simply a pre-existing non-conforming use to be grandfathered it has to be a lawfully created pre-existing non-conforming use right the only way that
multifamily would be lawfully created is if the house and the three apartments were created prior to the adoption of the first ordinance because all the Right right right so we're saying the first ordinance is the last month of 1956 that's right
they're saying that it was built in 1956 right are we going to get down to the day in December because put it this way if he's before December aren't we good that's up to you how do you define building
foundation board or co or how do you define i think that's a good question because because they wouldn't pour the foundation on December 31st and also this tax card there's there's something that's called it it says conversion if you look
on in the right under the image block in the dwelling detail type it says convergence what page of the tax record card there's one two pages of tax record card look at the bottom the second page says page two the first one doesn't say
anything it's page one you on page one or page two page two page two and then under the the image block there's there's a there's a block that says dwelling detail okay can you just point that out for me okay okay dwelling
detail okay and then the third the second line down it says type conversion three when I talk to the tax assessor usually that means that some something was built and then they converted converted it into another unit
the question before December 19 can you show me where it where does it say conversion where I got you you told me to go to page two aha
it's on page one yeah you're on page one yeah not page two it says I'm sorry it says conversion three right and then there's three bathrooms and three kitchen but when was it okay when was it
converted to a three unit apartment 1956 or after you're asking me i don't know i Yeah I figured that so
what Jeff I'm sorry I didn't hear you what does what does the term conversion mean it means that it was once one structure and then either there was one unit and it got converted um so you it's an interior interior alteration house
into a duplex yeah exactly okay and that's what I said like akin to microphone where's the mic i said like taking a large house and breaking it into a duplex as an example of a conversion okay
so the thought process is that the structure was there and you're saying the conversion well he's saying it it was converted but he doesn't know what year it was converted he doesn't know if the convert if the structure was built in 1956 and
later converted or if it was built in 19 I mean it doesn't make sense it would be built and converted in the same year that doesn't make sense or maybe the conversion was in 1956 and that's what that date that's also possible more likely honestly is that this has been
here since 1956 and in 1972 the the plans show it on the plans and at that time the board didn't say oh this isn't a permitted use it was reviewed by the engineering office um the county planning board and
it was it was noted to be a single family residence with apartments in the back and that's you We're throwing dates around but 1972 to now that is
53 years ago that we know that it was there then and we know that the tax records show that it was built in 1956 and you know I I I respect wanting to make sure but I think we have
substantial evidence here that this put it this way i don't think listen I don't think you have substantial evidence i think you have evidence it's up to the board if that evidence is sufficient for them it's understandable why the zoning officer denied the zoning permit he he figured he wasn't he wasn't comfortable
enough with this level of evidence but the board is comfortable with this level of evidence the board has the authority to say that let me just back up there was no zoning permit application filed they to my knowledge there had been a request by the potential purchaser to
see whether it was any and the information was the owner should file an application for pre-existing non-performing use so I don't think okay I wasn't going to I wasn't going to provide a a determination because that's not I I don't have that power to do that
okay just to clarify card one is all about the apartments correct yes okay so in card one I'm just asking it says the first floor is 2018 i guess that's square feet
yes of livable living area okay and 378 of that is unfinished i'm trying to determine the building was there if the ordinance has changed the last month of the
year I'm comfortable saying that this building was built in 1956 that it was there because like you said you don't pour a foundation in December yes so now the question is whether it
was one unit or three correct that's the question because right because property record card one is for the longer building that's not three apartments property record card two is for the smaller single family home and you can
tell that from looking at the square feet of living area because card two has 936 square feet why does it matter why does it matter if there's one unit or three because if it was one unit in the back
in 1956 and the single family home in the front then that's grandfathered to have two i agree but that's find anywhere two one family dwelling units if in 1956 it was
three units back there then they could have a total then four total units are grand great but that wasn't that's not documented anywhere it says there's three three bathrooms three kitchen sinks yes
but to me this has this was taxed at least on this property record as A logical person would say and the type conversion three indicates
to me that they converted one to three the only question is when yeah it does say at the top of the card your bill 1956 correct so since we don't know you brought up 72
do we know do we have any reference what was discussed i I read I brought the minutes and really they didn't have resolution they didn't really have a resolution on this and I brought the minutes and nothing was really discussed it was just mainly about the subdivision
the subdivision map shows apartments oh okay does it plural yeah that's okay okay show show me where it says it on the map so just so you see it's very small but on the map it indicates the onetory
frame dwelling in the front and then in the back it's onetory frame apartment plural yes yes okay can you um shed a little light on wastewater and water how these uh all of
the the home and the The apartments receive waste water and water there's a septic tank that that uh there's a septic system for both the single family home and the apartments that's been in existence before you never been never been a problem either dry as a bone down
there in fact they're going to inspect it Monday but I've never had a problem with it actually the property is for sale so it's inspected on I have a buyer for it and that's how all this came up is it Wellwater yeah yeah okay so we're going
to put the pictures up jeff emailed them to the clerk and Jeff when we go through the pictures I want to we're going to later print these for the file and you're going to send out digital copies can I can I get copies yeah yeah you're going to send out digital copies of
these things to uh I can see now i should have painted that under the foundation i didn't so hey Steve since he came here I just want to reiterate what John was talking about these sidings are in mint
condition and so they were not changed nothing had happened was the siding that was on the the apartment buildings is that the same siding that was in place when you bought the property oh yeah that's wood siding there no on the back
is T 111 t11 back we have We have pictures of the back we're going to show you on that was on there here's a question for you did you ever Did you ever paint the the siding i'll tell you I can't hear the ever paint the siding absolutely i just
had it painted last August okay okay so first of all I paint about every five years this first photo is going to be labeled exhibit A1 and this is a photo of what steve give me a description a photo of the front of the apartment
building is this the front left corner of the apartment building yes okay so there is A1 photo of the left front corner of the apartment building can you show us the next picture please taylor
which will be identified as A2 that's the rear of it right there okay that is a photo of the rear of the apartment building and what type of wood is that in the back yeah it's I don't
know what it called t111 t111 yeah yeah that was on there so you have wood shingles on the front and T11 on the back correct yes t wood shingles on the front and sides and T111 on the back right
and that was like that when you bought it you have any more pictures a3 it's the same one that's the same one don't worry she She knows what she's doing a3 what is A3 Jeff
that's a picture of the dumpster enclosure and then you can see partial of the uh the driveway you can see the t the township vehicle on the Yeah but why am I seeing a two-story building that's on the No that's that's on the Yeah that's You guys right behind you oh yeah
you're looking It's a lot closer you're looking to the west at the other property i see that's a picture of the dumpster enclosure with the dumpster in it and the next house and the next house photo of
dumpster dumpster enclosure and house next door any other photos a4 what's this a picture of your car no this is the another view of the
of the other view of the uh Jeff didn't want to get out of the car huh so this is the parking space for the the apartments yes that's this is the one that's shown on the plan but it's it's a different perspective of of the apartment okay photo of parking space
apartment building any other photos i think one more no it's the same thing anything else or is that it a5 that's the single family uh house with the four uh mailboxes now are those
four mailboxes for the subject property yes so it's a photo of the four mailboxes looking at it from the road right yes yep did anyone happen to look at the electrical service or anything to
see what year maybe the circuit box was that's a good one steve no can you ask him if he's aware of the You know when the electrical service box was put in had a label on it it was there when I bought it i'll tell you it's you know
it's old yeah would be nice because normally that has a label in a year and what you could do is is we had this out in Green Witch Township similar situation so they had separate electric service for each one so you could see
when when it was when it was converted well listen it's up to the board you either if you feel comfortable there's enough evidence to say "Yeah this was lawfully created it can continue." you or if you don't then maybe you journ it and let them look down look in the electrical boxes and see if if they had
if they have four electrical boxes and those things are 56 slam dunk but you might find that there's enough evidence right now so if you guys have any questions ask questions now there's one other one other item can you just have your client explain what this code
enforcement complaint is i don't even know if it's relevant but I want to find out what it's about the tenant who filed that code enforcement complaint because just before you yeah you before you do that I just want you to read what the complaint was Jeff because that's what
got some the nature of complaint uh multiple farm structures converted to apartments no permits zoned single family various work done without uh permits and not to code no smokes done on apartments
go slow what did you just say no smokes Okay read it slow no CO detectors no CO detectors plumbing done jacked up house apartment remove support
beam now floors sinking running company out of home when was this it was filed uh July July 8th and then 2014 yeah 14 i'm I'm kind of check to it i know
hearsay is is so loud but this is by somebody called John yeah just do me a favor ask him about it you said Yeah I'll tell you a whole story i always knew this was coming and I told you I was This is from It's not really evidence but who
who was John and why did he issue this complaint well his name was John Schwick and he was a HUD tenant that I took he got in there he didn't like me telling him anything and there was a shed up at the other end that all the tenants use to store their stuff and I
told him I make sure that door gets locked cuz he'd always leave the lock unlocked so I go up there and sure enough I'm locked he just do it to get under my skin you know the way he was and then he'd lay out in the lawn with baiting suit on oil all over anyway he
wound up going to the nut house down at Trenton from there left me with all his furniture and everything and I put it in storage and paid the storage on it for a year before I just found out he wasn't going to pay it that's it that's the last I saw him he rides around down
right now long blonde hair on a bicycle maybe you've probably seen you've seen him that's who filed the complaint when he filed the complaint did you have any I was never notified it was a complaint filed okay put it this way somebody knew
me at the time and said "What steve Tell him that it says it was sent to the fire marshal zoning and health departments ask him if he got contacted by anyone from the fire marshall zoning or health department that's why I was surprised when this came up did you get contacted by building department zoning
officer fire official or anybody did you get any type of notice of violation did anybody come out and do an inspection of your property nobody all right so I'm going to in my opinion to the board this thing is irrelevant in my
opinion should not be considered when considering the application i'd like to go back can you you agree with that yes that's your ruling yes okay i'd like to go back to um what we talking about before i'm tending to believe or lean towards
that this whole thing was created as it was in 1956 and the reason I'm saying that and I'm asking others is the lack of evidence of any work being done to convert it to the three right so if if
if if the building was created say so if the assumption is that the building was there in 1956 and it possibly wasn't three apartments in 1956 then at some point wouldn't there have been permits or something or to to
convert it to to change the plumbing that assumes that they applied for permits we've you've had a lot of applications where they just do it i thought you were going to say that the way you read the and this is not my
opinion this is what I thought the chair was going to say i thought you were going to say the way you read this in 1956 it was converted to three apartments that's what I thought you were going to say that's the way I read this yeah that because if you guys read
it that way then as Mr miller said even though the foundation could have been in there way before because if they converting it in 1956 if the ordinance was adopted in December of
1956 it's I think the board would be reasonable in implying that the conversion in 1956 occurred prior to the end of the year because think about it i mean
someone could work in the dead of winter but who would want to i think the right December 25th or 26th I believe okay so that ordinance was adopted right and that ordinance was adopted before the
end of the year because there's an 1,800 case that says a governing body if you're going to introduce an ordinance in one year you can't hold the hearing to adopt it in the second year it has to be adopted in the year it was introduced so
they I gather and I'm making a big assumption but that this thing was adopted near the end of December because they if they waited to January they would have had to start the process again so if the board interprets the property record card page
one as saying that in 1956 the building in the back was converted into a three apartment building and that happened prior to the ordinance being adopted in December of 1956 then the board could make a finding
that in fact this is a lawfully created pre-existing three apartment building and one dwelling for a total of four units on the property which is grandfathered and entitled to continue so we would ask you to find that um and
um I think you can be assured the fact that there's nobody else here this evening you know we've had to provide notice to everybody within 200 ft if this was a problem or a concern with any of your neighbors they would be sure and
actually that's a good point because that picture that showed the dumpster and showed that house Yeah poking up over the fence and it if anyone might want to object it would be that guy here's a story i have two
questions i have two questions one was about the dumpster uh because you were asking that John earlier that is it on the side or is it out so is that an issue no well dumpster enclosure yeah it should it
should it should comply with the the sideyard setback but they're not applying for that yeah I was just asking yeah it right correct once they remove that shed and put in that dumpster enclosure the dumpster enclosure has to comply with the
accessory structure ordinance yeah but it's in the zone which the zone says it's 15 ft but it's not it's not permitted so it's kind of put it this way that issue is not before the board you Steve you might as well
tell your client that if if he can pull off the sale to the to the purchaser without the purchaser thinking of that as an issue the purchaser might find himself back in here and I have a feeling that now that your client knows that he probably has an obligation to tell him but that's between him and
whether he's going to violate the law or not there's nothing in front of the board about that there's nothing no testimony has been presented on the exact Well he said that the thing was maybe 10 feet off the line we can so that's one 10 ft's not does not meet the
setback second question is Jeff in your memo item 10 is that an issue for you just tell them and we we put that in the you can put that in the resolution look at item 10
i'm sorry item 10 item 10 you want to know i'm sure you don't have a problem if they make that a condition in the resolution i I need to know what item 10 is future if the board's going to grant the non-conforming certificate all future improvements that deviate from any of
the ordinances are going to require at least a D2 variance well that's what the law is i don't know why that has to be why so that someone's on notice of it rather than just you should know the law we've been doing that lately putting things in resolutions that are either
the law or in someone's report just to make sure the applicant knows about it am I right or am I right right i I just don't know what you mean by future improvements if somebody puts a uh a swing set behind the single family
residence is that Well instead of saying shall we can say may require D2 may require Any other questions the only the only other issue that of
concern but it's technically not for us is the issue of the septic stability but knowing that it's a real estate sale and the system is being tested and water will be tested um I'm comfortable that that process at this point in where we
are will be addressed yeah so anything else anybody would like to make a motion to approve so a motion to issue to a motion to declare
that the three apartment and the single family home dwelling unit are lawfully created pre-existing non-conforming uses entitled to remain subject to the
conditions from uh condition number 10 let's see and anything else in Jeff's report that says they have to submit something not just testify correct steve look through his report i'm sorry
plus a garage in that building yeah good point and it's item 10 with may instead of shall yes that what I already did may instead of sh by the way she's a disciple of Jackie yeah no kidding okay
yeah you hear what she said i said on point number 10 from Jeff's memo may instead of shall did you hear what she said at least she's not throwing stuff what did I say i said we should have gave her tennis balls just keep dart gun
okay I'll make a motion i'll second it can we get a vote chairwoman Miss Cynthia Schaefer yes vice Chair Moro Damoni yes mr steve Farcio yes miss Lorett Cina yes miss Donna Drews yes mr james Miller yes
thank you all very much a very happy holiday thank you it's good seeing you again too see you in two weeks yeah good job steve for the record you will not get your resolutions till Monday we're
closed tomorrow executives now oh imagine Monday that would be fun okay is there any other business hearing none can I get a motion to adjourn so move all in favor i
all right thanks tough one