Okay, >> you ready? >> Calling to order zoning board of adjustment township, New Jersey regular meeting March 5th, 2026. There will be an option for members and
professionals. No, I don't have to say that, right? Do I? >> No, you could just jump to number two. Notice of meeting. The notice requirements of the open public meeting act have been satisfied by the PL of this meeting on the bulleting board
of at the municipality building filing SIM with the township clerk and transmitting SIM to the courier news and the star ledger. Roll call please. >> Chairwoman Miss Cynthia Schaefer has asked to be excused. Vice Chair Mr.
Russell Damji >> here. >> Mr. Steve Farcio has asked to be excused. Mr. Randy Block >> here. >> Mr. Jim Ferrero has asked to be excused. Miss Lindsay Kbrangelo >> here. >> Miss Lorett Cina is running late. Miss
Donna Drews has asked to be excused. Mr. James Miller >> here. >> Board professionals board attorney Mr. John Drill via Zoom. >> Here via Zoom. Township planner, Mr. Jeffrey Bakarella, >> here >> and all other board professionals have
asked to be excused. We can make a note on the record that Miss Lorett Cina is walking in. >> I think we should also make a a note on the record that our board secretary is present. >> Yes, that as well. Board Secretary Taylor Vaughn here.
>> Can I have a motion to excuse the members who have not been able to attend? >> So move. I'll second >> vice chair Mr. Oamgi >> here. >> Mr. Randy Block >> here. >> Miss Lindseay Cbrangel. >> Yes.
>> Miss Lorett Cina. >> Yes. >> And Mr. James Miller. >> Yes. >> Okay. I don't think we have any comments, announcements or distribution and correspondence. though we do have minutes of October 16th, 2025.
Does anybody have any comments for the meeting? >> I do. >> You do? >> I just looked at it. I have Steve listed that he's present, but then right under I have Steve's absent. >> Steve was not there at the meeting. >> So, I will just revise the attendance list.
>> Sure. Any any other comments? Barring none. Uh, do I have a motion? >> I'll make a motion. >> I second it. >> Randy, >> vice chair, Mr. Swamchi, >> here. Yes.
>> Mr. Randy Block, >> yes. >> Miss Lindsey Kranell, >> yes. >> Miss Borrett Cina, >> yes. >> And Mr. James Miller, >> yes. Okay, moving along to resolutions. So we have resolution number 2025-14
Harip Gil and Jasper Very Block 741 lot 9 10 Mills Court. Uh any comments or corrections on that one? >> Just for the record read the version number the date and the version number
upper lefthand corner >> or >> Thank you. So the the resolution um date is 2026 0105 version two. >> Great.
>> Yeah. Thank you. Any any comments? Barring none. Uh do I have a motion? >> So moved. >> Second. Okay. >> Just make sure eligible people made the
motion and seconded it. Yes, sir. >> Yes. >> Okay. Miss Vice Chair, Mr. Sodami. >> Yes. >> Mr. Randy Block. >> Yes. >> And Miss Lorett Cina. >> Yes. >> Okay. >> Okay. Let's move on to applications. We
have two today. Uh first one is BOA case number 11, 2025. Applicant Hardik Kumar Hotel. Location block 53.03 lot 22-11
stable lane application C variance for a proposed DAC addition exceeding setback in imperous surface maximum. >> Okay. >> Ask ask the board secretary to tell us
what's going on with this please. What's going on, Secretary? >> Um, the attorney that's representing this applicant had informed our office that unfortunately they did not notice sufficiently and within the time frame.
Um, so via emails, I do have them printed out. >> John, I'm not sure if you'd like me to read those emails or if you would like just to read it, right? >> Yeah. Is there one email? Yeah, if you can just read that email.
>> Excuse me, good sir. >> You want me to read the whole uh thread? >> No, just the last part where they say they uh they didn't notice and they want a new date. >> Okay. >> And it's from
>> the date and time and who sent it. Mhm. This is from Erica Edwards. It's dated Monday, March 2nd, 2026. And again, this was to myself, Jeff, and John was copied. Good morning, Taylor. Our hearing notice was timely published.
However, our certified mailing scheduled to be mailed on Monday, February 23rd. Could not be mailed because the post office didn't open that day due to the blizzard. Are you able to hear us on March 19th? And with that, I did offer
her the March 19th date just because at that time we did not have anything scheduled. And it is a fairly and I think in Jeff's opinion, fairly simple residential application that we could really try to just get off the board's
book. >> And what else do you have on the 19th? What else is scheduled? >> That's it. >> Okay. I would like to participate on that one via Zoom because I'm going to be in Florida for my birthday for that weekend which is the day before.
>> You're ditching us? What the heck? >> Happy birthday. >> That was supposed to be in Planford on the 18th and they were going to the board secretary was going to bake me a cake and the meeting got cancelled so I lost my cake. >> Oh no. I guess Florida's a good backup then.
>> Yeah, Florida's the next best thing. >> Yeah. Anyways, does anybody have any objection to that? Any members? >> No. >> And their current time? >> Yeah. Let's ask the chairman >> to announce that the hearing is going to be rescheduled to March 19th, but they
will have to renotice. Now, here's the the issue. Have you checked? Did they properly notice in the paper or or not? >> I that I did not check. I was just assuming that she would have to renotice entirely. Let So let's tell her it's
March 19th and she should renotice entirely. >> Okay. >> And then the when does the board the time for the board to act expires when? >> June 25th. >> So that's plenty of time. I don't think we have to ask for an extension at this point.
>> Okay. So, I'm going to request that uh we will move this to March 19th >> application and they need to renotice entirely. >> Mhm. >> And Taylor should tell them that,
correct? >> Yep. Please relay the message on behalf of the board. You moving to the next item? >> Yeah, we don't need a motion or anything, right, John? On that. Okay. >> Okay. Next one. Moving along here. BOA
case number 17-2025. Applicant Mark and Jennifer Vto. Location block 84, lot 31.06. address 10 summer shade lanes
application C variance for disturbance and structures within township preservation features >> and this one ask Jeff what's going on right >> yeah Jeff what's going on buddy >> into the microphone
>> this application has gone through several uh reviews and iterations based on their pool project um it was originally going to be an administrative period of review. They found that there's a stream in the back of their property that requires a variance relief. Um they supplied with the survey
or the the survey and the engineered plan and it was found that the conservation easement was um uh removed from the plan. And further research showed that the property does in fact have a conservation easement that the planning board um incorporated with the
with this lot as well as several others on with within that property. >> Jeff Jeff, what does it mean the conservation easement was removed from the survey? What does that mean? >> So it was forcefully uh removed that means that it showed up on the plan and the engineer chose to
remove it. um with conversation from them they said that they were in contact with uh NJ and NJ told them to remove all the lines off their property on the survey. It doesn't make any sense. >> Doesn't make any sense. >> Engineer our or their engineer >> their engineer. Yeah. Their engineer
removed it based based upon um probably it would cause complications. U but Jeeoff let me ask you something. This conservation easement is to the benefit of the township, not the D. Correct. >> Correct. >> Yeah. And this is a township conservation easement.
>> Correct. >> So ju just so everyone knows the if they were here tonight I would be advising the board. Wait a minute. You you can't don't waste your time hearing this thing. They have to go to
the township committee first and ask if the township committee would be willing to >> amend or modify the conservation easement to let them have any structure in it because you're not allowed to have structures in a conservation easement. So I the applicant could say no, we want
the board to hear the case, which the board would have to do. And I'd be advising the board after you hear the case to either deny it if they haven't sought relief for the conservation easement or make it subject to getting relief from the conservation
easement with the board not necessarily being in favor of that. So um what did they ask to do, Jeff? Did they send something in an email or a letter? >> They requested to be it. Um, >> is there an email or a letter that could
>> There's an email. Taylor has the email right now. >> Taylor, would you like to read that? >> Yes. So, this is from this is from they have the applicant has their contractor who applied for the permits handling the majority of their application process.
His name is Rich. Um, so this is dated from today, March 5th. Again, this is addressed to Jeff and myself and John was copied. So it states, "Hi Jeff, per our earlier conversation and based on the latest information received
concerning the township easement located on the final plat of Copper Hill Estates, we would like to request additional time to review the materials and prepare accordingly. As such, we ask that our scheduled meeting be tabled to a future date. Please let me know if
this is acceptable or if you prefer to discuss an alternative time frame." Thank you, Rich Neher or Niher. I'm not exactly sure. >> Okay. Um, hey John, another thing, I don't know if it's good to have it in
the record. I just eyeballed this uh >> Burton Township Planning Board resolution. >> Yeah. >> Uh 51-89. And Jeff, if you can kindly explain uh number five there, what does that say
and how does it relate to what you were talking about? >> Okay, give me that resol number. >> Resolution number 51-89. >> Okay. And this is paragraph five on what page? >> Uh first page, item five. Number five.
>> Item five. Okay. And like I said, I just eyeballed it, but I think it's relevance to what Jeff, can you read that? >> Okay. It's subsequent to preliminary approval. The New Jersey Department of Environmental Protection has established
the stream encroachment line for the third Nanic River, which impacts this development. The line, as established, is very conservative and will have significant impact on lots 31.05 and 31.06. If the stream encroachment line remains
where it is, the actual usable area of the lots will be reduced greatly and the property owners will not have the full enjoyment of their lots. Okay. And then if you go into page three, item two, there's some clarification on what was
agreed upon. >> Can you read that? >> Read that as well. >> Yes. >> Yes, please. Prior to the issuance of a building permits for lots 31.05 and 31.06, the applicant shall complete all necessary engineering studies to present its case
to the NJ DP to remove the stream encroachment line shown on the plat reference above further to the north so that it will not have such an adverse impact upon the two lots. Following following this presentation, the planning board will accept whatever
stream encroachment line is set by NJD and the applicants will be entitled to building permits for these two lots without any further action on their part. If the stream encroachment line is moved as a result of the presentation mentioned above, the applicant will be
required to file an amended final subdivision plat. >> Okay. And then that ties to your map here. >> And so what Jeff, what you're saying is you have nothing in the in the file to show that that line has been moved
beyond what's on that final plaque. >> If you look at um review number one, that's the only plot plan that we have. And it actually shows that the stream encroachment line is at 100 ft where the conservation easement is at 80 feet. and
they staked it out so that no disturbance would be beyond that 100 foot. But no, I don't see any record that they actually went back to the board and and and made it 100 feet. >> Okay. So tell me the pool is proposed within the 100 feet or within the 80t?
>> Both. >> Okay. Because it's one it's one thing if there's a D line and they want to go over that line then that's another agency approval. I would say you hear the case and if it's granted you make it subject to them
going to the D. But if you have a township conservation easement and the pool's even proposed in that that one in my opinion is not another agency approval that's within the township. They should go to the township
committee first to see if they can get a modification. So I'm thinking when was this application deemed complete? When does the board's time to decide it expire? >> So, the time to decide it by is June
25th, 2026. >> I can tell you right now, >> it's March 3. >> Too close. >> Too close. So, I would hate to suggest dismissing without prejudice on the first shot. So,
I'm going to suggest you tell them they got to resolve this thing. They they either have to move that pool out of the conservation easement or they have to get approval from the township committee to modify the township to modify it to allow the pool to be in it. And I'm going to
suggest that you ask for an extension, believe it or not, until December 31st, 2026. If they say no, then you can list it on the 19th of March for dismissal without
prejudice. But this is going to be they're going to have some problems. >> Yeah. I mean, they're proposing a shed within that area as well. >> Understand they're going to have some problems. So, so unless someone on the board has a problem with that, I suggest you tell
gets back to him and says, "Listen, fine. We we pulled it. We tabled it. You got to tell us when you want to be heard, but we need an extension to December 31st. And if we don't hear from you by say June 30th, then we're going to set
it up for dismissal without prejudice. >> Rasul, how's that sound? >> Sounds sounds I was you know what I said. I want to dismiss it right now, but I think this is more reasonable. >> Yeah. >> To do. Well, John, when you say a response by June, do you mean them
making a decision that they'll go to the committee or that they already went to the committee >> making a decision on what they're going to do? >> Okay. >> And then if they come back and say, "We're going to leave the pool air proposed." Then you say, "Okay." then
you have until, you know, August 31st to get permission from the township committee to modify it or you're dismissed without prejudice. And if they say, "No, we're going to keep it there," then okay,
let them let them come in. >> Or if they modify it to make a smaller pool and move pool and move it somewhere to get out of the problem, that's also a possibility. But from what Basul asked Jeff to read from that resolution, they're gonna they don't have a lot of room. They're going to have a problem.
>> How large is the pool right now? >> Yeah, that's a good question. >> Is this a man or just a regular pool of upright? I mean below >> it's 100 with the concrete it's um 1782 square feet.
>> Yep. Okay. >> Without the walkway. >> Yeah. So there's a shed and trench. >> That's about 17 by 10 something like that. >> Yes. It's an ingground pool, right? >> Yeah. >> It's hard to move back. >> Yeah. So it's not only just the pool
though. It's the fence, the shed, and the trench. >> Yep. >> So >> you're going to have a problem. >> A lot of things. Yeah. >> Okay. >> So, >> so the Sal Rasul you want to tell the the board secretary give her that
direction what we just said? >> Yes. So, first thing is they need to have extension to December by next minute which is March 17th right? >> 19. >> 19. >> 19. >> Yeah. Second is uh in June. What was the
date? 26. But >> no, give them June 30th. >> End of the month. >> By end of June 30th, >> you decide what they're going to do. If they don't, if they have no decision, then you set it up for dismissal at the next meeting. If they have a decision, we'll hear what it is and we can talk
about it at the next meeting. >> Okay. So, those are the two requests, right? Anything else? >> Okay, >> that's it. Right. We don't have a motion on that either, right? It's just instruction. >> Yeah.
>> Yeah. Okay. Do we have any other items to discuss today? >> Not to my knowledge. >> No. >> Okay. Do I have a motion? >> I'll make I make a motion. >> I'll second.
>> All in favor? >> I I I >> Thank you. Everyone have a nice >> happy birthday to you in advance. Enjoy enjoy your time. >> Thanks. I'll see you on Zoom March 19th. >> 19. >> Wait, wait, wait. So, when's your
birthday? >> March 18th. >> Oh, the 18th. >> Okay. Okay. >> I'll still be eating cake on the 19th. Don't worry about it. >> Bye. Thank you. Blessing.