Good evening everyone. The zoning board of adjustment meeting of June 25th, 2025 is now open. Will everyone please stand for a salute to the flag? I pledge algiance to the flag of the
United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Notice of the meeting has been satisfied in accordance with 231
PL1975 by advertising in the home news tribune notifying the Sentinel Publishing Company and also the Star Ledger and also posting on the bulletin board and filing with the Burough Clerk. Roll
call. Mr. Green here. Mr. Kazinski here. Mr. Espazito here. Mr. Emma. Mr. Bella, Mrs. Godstein, here. Mrs. Mr. Castle Grant here. Miss Kazandi, we have a quorum.
We do not have any continued applications and we have no carry-on applications. So, our first application tonight will be 2510 24 Roma Street. Mr. Hart,
would you come up please? Please raise your right hand. You are tell the truth, the whole truth, and nothing but the truth. So help you God. I do. Sir, can you tell us exactly what you want to do with this application? Name address. Yeah. You need your full name
and address. Terry Hotter, 24 Roma Street. Property owner. I am. Go ahead. Yeah, I'd like to get 10 feet for a golf simulator and I'd like to use the second
floor for complete storage. The height, the entire height of the garage is 18 ft. Correct. That's what I'm asking for. And what are you going to use the garage for? storage second floor and ultimately a
golf simulator on the first floor. No commercial use for it for that. Negative. Uh you going to have electric on it? Yes. Any water? Negative. Any of the board have any questions?
What what are the variances? 15 feet I believe. Accessory structure can't exceed 15 ft. This could be 18 ft. The area of the garage access can't
exceed 150 ft. This is 864 ft plus second story. Um the minimum setback rear would have to be 5 ft. This is existing ft. the rear by the side
to be similar in appearance to the if possible to the principal structure. Absolutely. So the only thing being proposed is the height 18 versus 15 required and I guess adding second story even with storage
that increase the area. So then no change in the area either existing condition exceeds the 150 square feet got 864 about 30 by 27. And did you say existing? Is there an
existing garage or the garage walls are existing and you're adding a second story to the garage for storage? Correct. Okay. So setback exists the area exists already. Certainly the fact that the roof is going to exceed the um
for a maximum height by 3 ft. So 15 ft 78 and uh would you agree that it will not be used for residential flowing? Absolutely. Yeah. Any other questions of the board?
What's the pleasure of the board concerning this application? Oh, open to the public. Anyone from the public wish to speak and reference this application? Hearing no one, I close the public portion.
I have a motion. Do I have a second? Second. Roll call. Mr. Green. Yes. Mr. Kasinski? Yes. Mr. Espazito? Yes. Are sorry, what was your last name? Thank you. Mr. Emma, yes. Mrs. Godstein, yes. Mr. Castle
Grant. Yes. Miss Cassandi. Application approved. Okay. The application's been approved. We'll memorialize it at our next meeting and you can start your garage. Thank you. Thank you guys. I have uh Oh,
please. Not not about my son today, is it? Yes. Great. I was so impressed with him. Thank you. Should be very proud. We are. Thank you. Our next application is 2511
40 Christ Street. Please come up. I swear you both in. You raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? So help you God. I do. You're both under oath and that each get your
name and address record. Uh 40 P Street 40 P Streets. John Nunes. Uh Christian Bolerio. Can you tell the board exactly what you
want to do at 40 Price Street? We want you to please to allow us to put a fence in the backyard that we needed for the safety of our kids. On your application, I have
a survey. Is this the survey where you want to put the fence? Yes. I notice on the fence, you want to put that fence on the side where the frame shed is. Correct. Yes.
And you want to take it all the way 10 ft to the uh property line or the street? Yes. On Henry Street? Yes. And this is a 6 foot
uh uh vinyl fence. Yes. I noticed that on on the survey that you submitted that you have a tent there. Is that tent there present? Is that presently there?
Who? I'm sorry. The tent that's on the survey. Mhm. Is that tent? No, it's not. It's not there. No, not anymore. When was it taken out? Well, I'm going to ask the the weather one of the storm
that happened. Yeah, the weather took blew it up with the the wind blow it up last year. I also noticed on on this survey that you don't have a pool, but I was down in your area and I observed a pool
in the yard. Is there a pool in your yard? Yes. Yes. When was that pool put in? That was there uh when we bought the house. It was there when you bought the house? Yes. I brought up the listing for your house
when we purchased it back in 21 and there wasn't any pool listed on the listing or on the remarks and it wasn't put on in the pictures. There's no pool. I don't know what happened there. Well,
obviously there was no pool when you bought the house. Was there when we bought it? I'm sorry. But there wasn't Are you saying when you bought the house, the pool was there? Was there
have any questions regarding this application? Mr. Chairman, did you purchase the house in February 2021? Yes. Okay. because the date as a survey is February 2021 and it doesn't show the pool. Uh question for you about the
fence location. If you're looking at on Henry Street looking at your property, you want to put the fence on the left side. There's a retaining wall. Are you going to put it on the bottom of the retaining wall or on the top of the retaining wall? On the top. So, you're going to put it on top of the existing
retaining wall. So, that retaining wall is about three or four foot high. Yeah. Around that. Okay. Yes. So the top of the fence, you're going to put a six foot fence on top of a three or four foot high retaining wall. Most likely. Yeah. Okay. Just want to make it clear to the board what you're
going to go through and do. And then the plan that was submitted shows 10 ft from the property line. And I thought there was some discussion about that's you wanted to make it three feet from the property line. Yes. Which is correct. Yes. Well, we used to have a chain um
link fence there before. The chain link fence is shown on the survey. The chainling fence is not on your property. It's in the right of way of Henry Street. So, do you want to put your new fence where that existing fence was? Yes. Yes. That's what you're trying to do. Put in the You wouldn't be able to do that because the fence was not on
your property. And your plan is saying that you're going to put that fence 10 ft onto your property. So, about let's say it's about 12 feet closer to your house than where the existing fence was. That's what the plan calls for. Is that what you want to do? Or do you want to
put it on your property line? On the property line. Okay. So, not three foot back, which is what somebody had said you want to do. So, how many feet on the property line from the from the curb? How many the curb? Your property line's approximately 10 ft. 10 ft. Right. And
your plan shows another 10. So, from the curb, you're proposing it about 20 feet based on this plan. It's on the property line that we're going to do it. So, you want to put it on the property line with no setback. Yeah. Okay. So, just so the board is clear, on the left side of the
property, looking at it from Henry Street, they want to put it on top of the existing retaining wall and they want to put it on the property line. And on the right hand side where the chain link fence is, that's going to stay. You're going to keep that existing chain link fence on the right side as you're
looking at it from Henry Street. Um, if we can change it, you know, I'm just trying to understand what you want to do. That's what the plan shows. There's an existing chain link fence. We want to take off to build all the fence around the house. We might take it off,
too. So, you want to where the retaining wall is on the left side, looking at it from Henry Street, you want to put a fence on the top of the wall. Along the back property line, you want to put it with no setback right on the property line. And now on the right side, you want to take that existing chain link fence out and
replace it with a vinyl fence. Yes. Okay. I'm I'm looking at I'm looking at Google Maps. Uh I'm trying to get a an understanding of this. Um so they have a fence that's coming off of their house now. A vinyl fence. Correct. It stops
and runs into a chain link fence. That chain but it looks like it's it's offset by like three feet. looks like is so is that their chain link or is that the neighbor's chain link? The vinyl fence. Looking at this 2021 survey, it shows a fence on their
property. So, I'm assuming that that's where the vinyl fence is because I'm seeing a fence, a gate, and then the chain link, right? It looks like it's the neighbors. Is that Well, the looking at the survey, the chain link looks like it runs right on the property line. So,
I'm not sure who the owner of the chain link fence is. Looks like it kind of goes from one side to the other. Sir or who's the who's the owner of the chain link fence? Well, they say is we are as far as I think it's us.
Do you think it's you? The enable says it's our you know, Mr. Chairman, per ordinance, you'd have to have the fence offset onto your property. So, if that's on the property line, they would have to put it on their property if they're putting the fence up.
You have a driveway there also. Yeah, we'll have a drive in the back. And this Do you want the fence to go across that driveway? Are you going to put a gate? Yeah, we put a door gate. Yes, a door gate. A gate? Yeah. In order So, you open the gate in order to put the car
in, right? Yes. Exactly. Yes. Mr. Cornell, what is what is from from the property line to the street? How what is it 20 ft now? Well, the existing is approximately 10 ft from the curb line to the property line. That's existing. That's the burrow right away
of Henry Street. The plan you have in front of you says they want to put that fence 10 feet, which would be approximately 20 ft from the curb. Now they're saying they want to put it on that property line which would be 10 feet from the curve. So they don't want to have any setback. They want to put it
right on their property line. We have an ordinance is 20 ft. That's why they're here because they want to put it not in accordance with your ordinance requirements. They're looking for 10 feet. Looking for now they're looking for a zero foot setback which is 20 feet less than what's required.
Is that way still there? Yes. the the tent, if you're looking at the survey, the tent is not there. And approximately beyond that concrete pad is where there's a swimming pool. They were going to put a house in. How far away from the building would have to
be 20 20 foot setback. It's a residential lot. 20 foot set back. This is an under side. It's a 40 foot wide lot. So they'd have to get variances if they ever wanted to subdivide it and put another house there. Well, 30 feet from the curb because the like Jay had said, the property line is 10 feet in from the curb. So house will be 30 feet back from
the curb and then that retaining wall is theirs. Looking at this survey, it appears that the block wall that they want to put on the they want put the fence on top of the block wall appears that it's on the neighbor's property. It's not clear from this drawing. It doesn't show any
offsets. Then if they put the fence up, it's going to be more on the neighbor's property because they have to dig the holes. They have to cement them. So that's on the property loan that you're Well, that's why I was ask That's why I was asking where they want to put it. It doesn't appear that they own that wall based on this survey. So they would have
to put it on their property which would be on the lower part on the ground area and the retaining wall would be behind it unless they have another document that says this is their wall. I assume this is the only survey you have. Yes. Yeah, that's the only one. But the the
wall belongs to us. the wall, the returning wall below. Looking at the survey, it doesn't doesn't appear that it looks like it's on the adjacent property. Looking at the survey. Yeah, that's it. Which one? The one the one the
on the right side. The neighbor. Oh, yeah. Oh, you can see the wall here. This is the line. That's the wall. So, that's to the other half. Okay. Jay, looking at the survey. Okay. Uh from the
Henry Street side. So on the left there appears to be a line that is almost freehanded. Is that the property line? It's weird, right? Like it's setting within within the the highlighted wider line. Let's if you look it says block wall. So I think where you have the
double line that's that's the designation for the limits of the block wall. Okay. I think the darker line is their property lines. That's why I'm saying it looks like the wall is on the neighbor's property, not their property. Yeah, we have so many confuses about the retainer wall that
which one is is us, which one is for the neighbor. We are very confused about that. We don't know exactly which one is belong to us. It looks like the wooden wall is also on your neighbor's property. Um on on if
you're staying on Henry Street, looks like both walls are on the neighbor's property. Have you talked to the neighbors about this uh fence that you want to put up? Yes. You have? Yes. And what do they say? They say they're fine. They don't
care. They say it's our property. We do what you know, whatever we want to do it. And they know that the fence is going to be on top of Yes, we spoke to them. Yes. Nobody has any complaint about it. All the neighbor close to us, they are
agreed, you know, to us to put the fence. When you spoke with them, did you tell them you wanted to have it 10 ft back from the property line? Yes. Uh, each one has the letter that you have that we handle it personally to each one. Okay. So, so the one close by to
us, right? But, but now you're saying you don't want 10 foot setback. You want to have it right on the property line. That's the property line. That's different than what your what you told the neighbors. This this is also going to affect the uh that's the plan shows 10.
That's what I'm saying that there's that's but now it's zero. Who came in and looked at Okay. The notice said okay for the board just to clarify the notice indicated the fence was going to be 3 ft off the property line. The plan chose
10. The notice said three. Now they're saying zero property line 10 ft from the curb. Correct. So the fence would be 10 feet from the curb. They were saying if you're measuring from the curb, the notice says they wanted to put it 13 feet from the curb. The plan in front of you says they want to put it 20 feet
from the curb. How can we do that if it's I'm just like looking at the street. So that's 10 feet from the curb. the neighbor packing out of his driveway wouldn't see car coming down the street. A lot of sight is obscure. If you're looking at the the
map, there were there's a row of trees that was there originally that that's been taken down. So, there may have been some sight issues previously when the trees were there. That's gone away, but now you're going to have the fence in that area where the trees are. So, that's potential obstruction for the
neighbor. Correct. We're both neighbors on on both sides. The left hand side, the driveways is closer than the house on the right. So, but potentially it could, but it's I think more of an impact on the house on the left than it would be on the right. And and you're
also going to have a safety issue too with the with the hill on Henry Street. Cars coming up and down and you're not going to be able to see any. And and of course also too if that gate is to be opened up that's going to be opened up
right to the street. Correct. Depends on how it's set. You could set it up to swing in or swing out. But yeah, if it swings out then potentially that would create more of an obstruction. Mr. Chairman, if the gate was closed and the vehicle stopped to enter, it would be out in the roadway
because it's only 10 feet. Yeah. And then just a question if I can. Um the you had said you want to put the retaining wall I mean put the fence on top of the retaining wall so it would be 9 or 10 ft high. Then when you get the retaining wall ends then the fence that
would run parallel to Henry Street would be at grade. So you'd have a fence that was 10 ft high all of a sudden would drop down to six feet. So you would have no transition from one to the other. There's no way you can get the two tops of the fence to meet. Were you aware of that? No. No.
It goes gradually down. If it goes like from 10 to to eight to 10 down it will go six. So they would have the fence would have to be diagonal. Yeah. Right. I mean right. Well if he they're saying they want the fence on the retaining wall. It's the highest near the road isn't it Jay? Is that
where it comes to about four feet? So near the roadway it's almost 4 feet. And they want they want to put a six foot fence on top of that. And then running parallel to Henry you're at you're at grade you're about four feet lower. So, I'm just saying I don't think you could
even step you can't step it up unless you were going to make it 10 ft high fence running parallel to Henry or step it down to two feet if you're running it toward Henry. So, but according to the street view, there's already a fence
with the neighbor on on Henry Street. Looks like there's a black fence that's on top of the retaining wall. So you they wouldn't even be able to go all the way to Henry on on the on the south side or the north side on the on
the shed side. On the left side as you're on the shed side. Yeah. Because that looks like it goes according I mean I don't have a good angle here but looks like it's almost up to the shed that just block this. the the black fence that's on top of the
retaining wall. Did you put that fence up? The black fence from if if you're on Price Street looking at your house on the right side. No, that's the neighbor fence. Okay. The the the neighbor What's the the address? 42 42 from 42.
That's their property. So they put the person next to them on. No, but but see if you look at this drawing, it looks like that front part of the wall is on their property, but as you go toward the back, it looks like it's on the adjacent property. If you just look at the dark line being the property line, the
lighter line is on their side as you're closer to Price Street. The lighter line is on the neighbor's side as you get closer to Henry Street. So that looks like the limit of the wall. Let me get clarity on this property. Yeah. I think we can't approve anything
if they're going to put it on the neighbor's property. Right. Right. Yeah. I I think you have to have more detailed survey information. That isn't something this board would do. You would have to maybe see if the neighbors have surveys of their property to try to determine
what their surveys show. So, can we give approval? I mean on that side of the yard if it's going to be on their not on the wall but on the you could not asking for it's not what they're asking for. You could give approval for them to put the fence on their property and it's typically was it six inches Andy? Three
inches three inches on their property is what the ordinance calls for. So you could grant approval to put it 3 in on the property line but then you'd have to someone would have to determine where that property line is with relation to the war. Correct.
Correct. And the neighbor survey may show the wall being on their property, whereas this appears to show the wall being on the neighbor's property. I'm sorry, I had a question. Um, right now it's a chain link um fence, right?
It's in the which line? The neighbor line uh property line or us? Chain link fence appears to be right on the property line. Looks like the retaining wall is on your neighbor's property, but the fence is is partially on your property, partially on the
property line. That old chain link fence, if you're on Henry Street, the right side, that looks like it's right on right on the property line, but it looks like that wall is on the neighbor's property. So, both really both walls, the wooden wall and the block wall appear to be on
the neighbor's property based upon this survey. Correct. Yes. I have a problem also with the uh safety part of it with the uh with the sight triangle too. Mr. Chairman, I think it's worse with
zero foot because as Mr. Fowler indicated, if they have gates there, someone has to park a car in the street or they pull halfway into the driveway to open the gates. So you could potentially have vehicles encroaching into Henry Street just to get in and out of the driveway. If you have it set back
10 feet, you can at least pull a car in. As long as the gates open into the property, the car would be off of the roadway. But also too, you have a problem, a possible problem with the neighbors backing their cars out of of the
driveway with the uh the site would obstruct. Yes, an option might be to have that be a chain link as opposed to a solid vinyl. That would help with the visibility, but that's that's up to the applicant. Can
the um the retaining wall closer to the house be repaired? Because according to this street here, it looks like it's almost on a 45 degree angle, but and that's where they're going to run the fence on. There retaining wall by by your house.
Is that lead? No, we fix it. We fix already. We fix already. Yeah, that was from the one the on the from facing the price tree. That's the one for we fix it.
We fix already. Yeah. That's what I say because we are so confused about the retaining wall. We don't know which one exactly is belong to us or belong to the neighbors. I I think that's correct. If you look at the survey, it looks like the front part of the retaining wall, if you're on Price
Street looking at the right side, it looks like that retaining wall is on their property. As you get behind the house and continue, that's where it appears to shift and go. Exactly. Correct, Mr. Chairman. I have an issue with the fence going all the way to their
property line because for the adjacent properties, that's their front yard and this is a rather tight neighborhood. Uh so there wouldn't be a lot of room between the front of
the adjacent property's front door and front of their house and this fence. So, I think it needs to be set back at least 10 feet. You have a company that you you talked
to about putting this fence up? Yes. And the gate that you're talking about, is that going to swing out or swing in into the property? Into your property. Into the driveway. It's going to swing. Yeah.
I think we need a modification on the property lines, too. Mr. Chairman, the other issue from a sight distance standpoint is for the homeowner themselves when they're exiting the driveway because they're not going to be able to see up and down the
road until they're out beyond the fence line. Do you follow what I'm saying? If you're exiting the driveway, either backing out or or if you're going head out, you won't be able to see up and down the road until you get beyond the fence line. But, uh, be honest with you guys,
we don't use exactly the the driveway. We park in the front of the house. Then, but it still can be used as the park. So, when you say you're going to have a a gate there, is it a double gate or is it a double? Yeah, two. So, it's wide enough for a car to pull in though.
And you have you have a curb cut there or a driveway. Yeah. But uh we park all the time. We park in front of the house. So So we don't use the driveway. But very easy. Yeah. Yeah.
And that that black fence that you had mentioned, it looks like it's a on on the property to the south of the subject property that that isn't a through road. through lot. It's a double lot. So you have a house facing Henry. You have a house facing on Price. I think the house
that faces Price is the one who has the black fence. It looks like a black rod iron with some kind of a black mesh material over it. And then I think it ends that dash line. J may actually be the lot line, but I think that's where the if you look the fence runs parallel
to Henry Street and then perpendicular to Henry Street, but I don't think it goes beyond the shed. So, where they're showing that fence on the plan on the I guess what would be the west side of the shed, they couldn't put a fence. There's already one there. But I think around
the back where the back of the shed is, it appears that the fence ends there where the property line ends. And then it run, like I said, you can if you look at it on Google on Google Earth, you can see it runs then along the rear property
line of I guess would be lot 25. if you're following Ja if you're following me. Also, it looks like that that black fence is a broad eye fence runs uh is belongs to the owner of lot 25 and I think it ends at that dash line where it says block
limit. Might that also be the the lot line but on lot 25 unless they put it on the low not on the top of the wall on the lower side of the wall. They could put it on their property, but if they want to put right, it would be it would be down and then again you'd be at grade and then going
up top of the wall. That's all, Mr. Chairman. Thank you. Have you employed Did you have a contract with this fence company that's going to uh put this fence up? Not exactly. We spoke to the
guy and he's, you know, um, is willing to put the fence for us. We don't have contract with him yet. Well, I think we cannot proceed with this application tonight
that you're going to have to have this fence company draw us a picture something similar to this. So, we know exactly where that fence is going to go. But I think he he did the line that you
can see is like a dark line. does the line out the the that he did as I do see that but that's not good enough for us because you're taking a a wall and putting it on top about that we had now
thinking about that we had to decide is going to be on the top or not because it's kind of kind of confused as well. Also, there's existing fence that's present that's not shown on this plan. So, you're not going to be able to put the fence where you want to show it on
top of the wall based on where that existing black fence is. That we need to speak to him exactly what's best for us. If you're going to be on the top or not, I think that's what the chairman is asking. If you talk to your fence contractor, talk to him and show him
this survey and have him mark exactly where the existing fence is and where you want to put your proposed fence. And also, you've heard the board's concern about where you want to put the fence on Henry Street. There's concerns about visibility. There's concerns about the
gates opening in and out. So, you may want to rethink what you're going to do in that area. And I think the board is saying talk about that with your contractor. then have a revised plan prepared that shows exactly what you want to do because this also doesn't show fence on the right side looking
from Henry Street and you're saying now you want that. So you really should show exactly what you want to do, where the fence is going to be located and then come back to the board for the next meeting and have that plan so the board can understand better what you want to do.
Can you do that? We've been over a lot about the house. We're going to be honest with you. First be the in world. We had so many issue. Only we tried to do is the safety for my
kids. I have four right now. The my backyard the lead I don't know who went to my house is open. Anyone can go through my my property. whatever is in the paper that we need
for and we want to put in our house. Um I don't know what else I can say. Well, we might have an issue in putting the fence up. It's just if it wasn't on the wall, it would be a lot easier for us to
That's it say I need to Right now we are more confused about if we want it in the top or not in the retainer wall. So now we had to see because now we are more confused after this. So we just push
this off and let them think about it. And you may also want to talk to your neighbors to see if they have surveys of the property. Maybe you could get copies of their surveys. It might show a little better if that retaining wall is on their property or it's on your property.
But which neighbor? The one is around or I think both. So both sides where you want to put the fence both that area where you want to put the fence. This board can't give you permission to put a fence on top of a wall if the wall is not on your property. Yeah. But the one
that um one of the neighbor he was the one who um talked to us about the fence even though he also spoke to the guy who going to put the fence to us. He was the one who
referred the guy to us. And can the board ask the neighbors to come and give their opinion or can we like ask for everybody had the letter and nobody show up. So we send the letter and we went to the
cross of one and they sign it and said they don't everybody was agree with it. No. How come the pool isn't on the survey? This survey was done the day or right before you purchased the home. How come the pool's not on the survey?
I don't know. I don't know. I don't know why, but it was already there when we bought the house. Well, then I guess we can go and find out if permits were issued for that pool. Are you fixated on the vinyl fence? What
are you fixated? you like are you would you move away from the vinyl fence and do like a black fence or something that could see through so it's not as obtrusive to the front of to the back of the house and the front of the other houses or are you vinyl is the way
to go? You go that's the way you want to do it. Yes, that's the way we want to do. Okay. See, by putting a 6ft vinyl fence up there, you're when you're coming out onto Henry Street,
you the site the site is not there. There used to be trees there. What? I mean, there used to be trees there. How come that they Yeah, we just cut off like a maybe two or three months ago, but the tree is only on on that one side. You're talking a vinyl fence
that's going to go the whole length. It's different. Yes. I wanted, you know, to put the whole, you know, Yes. The difference is it's a structure. Yeah. You have a choice. You have a choice to put it there. Trees were a problem. Well, I mean, we
had somebody That's why we cut off the street to, you know, to be more the tree. We bought the house with the tree there, too. I mean, we cut it. I mean, if somebody asked us to put a house 10 ft off. So, so you think it's going to be too high? 6 ft for from the It's too
high for for the vision for the people. 6 ft is too high. Like you're sitting in your car, you can't see. You're in your neighbor's driveway in your car trying to look to see if anybody's coming up or down the street. That fence is going to block their visibility.
I know. I got your point, but like I said, there used to be three there. [Music] Mr. Valerio, you had said that the the fence contractor drew the fence where it was the name is in the paper. It was going to go, but the he drew the fence
10 ft back from the property line and 20t back from the curb. And you're here tonight saying you want the fence to be on the property line. So understand the difference. He drew it 10 feet back from the property line, 20 feet from the curb. Yeah. But he didn't draw it allow
we not allowed to do that. So we had to, you know, to decide what we want. Well, you moved it closer to the street. Now you're asking to put it on the property line. The one that we have before was not in the property line. Our property line was in the Yeah. I'm sorry. You when a little earlier you had said that
the fence contractor drew the fence on this plan where he he thought it should go. But you're saying this is this fence on this plan is showing the fence 20 feet back from the curb and 10 feet in for your property line. And tonight you're saying you want to have the fence
on the property line. So that would be 10 ft closer to the street. So what is 10 ft? That's that's that's what we're supposed to do. 10 ft from the curb. Well, 10 ft from the curb is your property line. Your drawing shows a 20 ft from the curb. The drawing you submitted that the contractor drew for
you. That's why I think the the board is saying you need to get things clarified because right now it's very difficult to tell what's being proposed and and not knowing if the fence is going to be on your property line or on your neighbor's
property line. Again, if you had copies of the neighbor surveys, it may show different than yours or the same as yours. But as as the engineer had said, the survey is showing that that retaining wall is on your neighbor's
property. Which one? The one in the on the Henry Street. When you're facing Henry Street, okay, they're looking to the left. Not the W, right? The W is from the other neighbor. This this this is from the other neighbor. This this
wall. Yes. Yeah. So, how could you put your fence on top of your neighbor's wall? Board can't the board cannot approve that. Okay. On this side. Yeah. On the inside. The inside. Yes. That but we still have the other the old one over there. Yeah. So,
it's supposed to go supposed to be in the If you want to stay inside your property line, you have to do you have to put the beds inside the wall. On both. Inside the wall. Yeah. Inside the wall. This this side. Yeah. Same thing. Both. Yeah. Both.
You can't put it on top. Yeah. Take these off your property. Andy, show them the existing fence on that point. The one that they took down. Show them the existing chain link on near Henry. We just like I want to replace the one that That's one that's not on your property.
If you look right here, that's not on your property. The chain fence that I believe you took it down. That was that was over the property line. Look, this is your line. This is where your fence was. See X that's over the property
line. See that? So, so, so we want it like here on the property line. Okay. Right. So, you want to go on the property line, which would be about two or three feet in from where the old one was. Okay. Okay. Now,
originally, you came in at 10 ft. Mhm. And that's what what the deny permit was. You came in and said, "I want to go closer." So, you made it at three feet. The only thing is the drawing didn't reflect that. Second.
You want me to go on record on that or a sec? One second. We have We have an ordinance that says on Henry Street, you have to be 20 ft from the curb,
property line. And that's what the ordinance says. And you want to change that. And we're having a problem getting to change that because you can't see on the neighbors sides coming out because of the 6ft
vinyl fence that's up. That's our problem because we're going to lose a lot of property if you put the fences almost like a half in the driveway. I I understand that. I understand you're going to lose you're going to lose some property. I know that. 20 ft 20 ft from
the curb. Yeah. That's what you're supposed to do. Yes. 30 ft from the curb. 30 ft from the curb. It's not that. That's why I say no, you know, to the gentleman here. It's going to lose a lot. It's going to be almost a half in the driveway.
That's correct. But that's the ordinance that we that we have in the burrow of Serville, especially for a through lot like you have. See, it has to match the houses that are on Henry Street. And you're trying to bring it forward.
I tried to put in the property line. We tried and we can't approve it like that. We can't do it. That's our problem that we have. It was got to be 20 ft away from the
problem. 30. You don't need a variance. If you wanted to put it there, you wouldn't need a variance. No, that's why we are here because I understand. Yeah, understand. Yeah, we we understand what you want to do. But the concern is you may want to consider a chain link fence just along
that area. You could put the vinyl on either side as long as it's on your property. But in the back, maybe you want to put chain link so somebody could see through it. I'm looking at that black. That black fence looks like it's even
with that house. So, it's it's not only for um that house looks like it's just set back just a little bit. I don't know what you guys are saying. I think there's going to be a sight issue comfort
if 20 ft is a nogo. 15 ft be a little bit better. I mean I I don't if they do a 10 foot setback and it's 20 feet from the road from the setback right 10 foot setback would make it because
there's uh 10 ft right away approximately yeah approximately so make it 20 ft from the road if they had a 10 foot instead of 20 instead of 20 think about it 15 could that possibly work
I mean as long is unlocking sight, then you're going to be giving them a 5ft set back from the property. That would give you 15 ft into the property. So, because the 10 foot um right
before you hit the actual net net, you'd be 20t away from the right. So if they wanted if they wanted 10 feet well let's say they wanted a variance for 10 feet instead 20 ft you know 20 ft required they and they wanted variance
for 10 ft they would they would be still be 20 ft from the curb because their property line does not go all the way to the curve there's a right of way we'll see 10 ft okay thank you what do you think it check
well that's actually what the plan shows plan shows 10 foot right of way 10 foot they're saying they don't want that they want to put it right on the property are as I can understand that's what you're asking for
um you may want to bring it in 10 beats of Would you be willing to do that? What? Sorry. Repeat that again. Sorry.
10 ft. 10 ft. Okay. There's the curb. Mhm. Okay. Okay. If you go 10 ft in, that's where your front property line is. Okay. Then you have to go another 10 ft. Oh, so from the
property line 10 ft from the propert right here where the orange is. No. Oh, so weird. [Music] Okay. made a variance and you came in and you want you wanted wanted to go closer closer
at 3 ft away then you said then you want to go now at least we can have so this is the property they're trying to tell you you may want to take this and be happy we up to you but I think
that's what they're trying to tell Are we okay with that? [Music] Andy, you have something that you want to put on the record here. Unless you want me.
Did you explain to them exactly what we're we're talking about? Yes. Sorry. Uh, yes. Zoning officer Andy Mashansky. wanted to clarify with them is that uh initially they came into my office to
have a 10-ft setback where 20 foot is minimum. So they need a variance for that. They revised their plan after submission to indicate three foot setback from any street.
um that was noted on a denial letter, but the survey here does not indicate the three-foot setback. During this hearing, they modified the three-foot setback to zero foot setback is what she explained to me is where she
wants to have it. I explained to her that it might be in her better interest to maybe lessen that variance to back to 10 ft. And I think she wants to say that that's
unacceptable. Is that correct? Yes. And that's where we're at. Yeah. I'm going to open this to the public. Anyone from the public wish to speak and reference this application? Hearing no one from the public, I close
the public portion. It's the pleasure of the board concerning this application. Chairman, if we're voting on the application at zero setback, I move that we deny the application. Second.
Roll call. Mr. Green, yes. Mr. Kazinski, yes. Mr. Espazito, yes. Mr. Emma, yes. Miss Godstein, yes. Mr. Castle Grant, yes. Miss Cassandi,
we are denying your denying it. We're denying your application. We We cannot accept the application as you want it because we have an ordinance here that is 20 ft.
So, your application is denied. If if you want to come back and revise it, let revise your plan, you can file another application. Um, but at zero fee, the board isn't happy. So what we spend all the money to send
all the letters to the to the neighbors, we spend all the money make us spend all this money everything. We shouldn't we shouldn't send any letters to nobody. You know what you can do? Huh? What you can do now being that we denied the application as it is, you
can go down to the construction office and see Mr. Machevich there and talk to him and revise it and come back to us. But we have an ordinance in the burrow of serville that is 20 ft and we have to
abide by that. See, and that's why your application was denied. So if you change your if you change your your thought process and and come up with a better idea or figure, come back to us and we can do it. But
like what idea? Like Well, you're going to have to talk to him. We asked you to change it and you said no, we can't because I going to lose a lot of a lot of my property. We we can't do it the way that way like
the driveway. I'm sorry. It's going to it's going to be in the they want to line up with the other house, right? The fence. It's going to be line up with the other house like I mean it's going to take a half of
the driveway. You know, with the ordinance or ask for reasonable variance or don't have fence. So, you know, you're allowed as a break to have a fence 20 feet back. So, you know,
It's not they're not saying you can't have fence on your property. Well, what kind of fence that we can put it out of that to put the the fence? I mean will not grant you
the fence. They already know on that. But but if she asked if like a chain link fence in other words. Yeah. If you put a chain link is there any difference? I mean, did we see the board was giving you a little, right? And and
then you took a lot. Okay. Like it's supposed to be 20, you wanted 10, right? So, we kind of met you halfway and then you got greedy. Then you went to zero. You wanted it all the way there and you weren't flexible. So, of course, we're going to say no. But, so what what can a chain link fence? Is there is that more
aesthetically appealing and and you could see through? Is that something that if they were amanable to it, come back next month or two months from now? Mr. That's what I had suggested. I said you may want to consider a chain link fence because you that would improve the visibility from your neighbor's
driveway, but but they didn't want the chain link. They didn't want the 10 ft. They wanted solid vinyl on the property line and they asked to that have that application voted on. I have a question. Where did you where did you get your survey from? Is this your survey? You got it. You made a copy of your own
survey. We got it from the the lawyer when when we bought the house. Also, what you might consider doing is might not be as sightly, but vinyl up to a certain point and then change like the last patch or something. Yeah, that's
what I want to know. If we decide to push in u lane so we beware the same way like at the 20 ft or something or can be in the property line. defense. Nobody like
like how we used to have before. Yeah. If you put that type of fence, it'll be we still had to do the the same way. You know, I think it's being concerned with the site visibility issues. The
site visibility is the is the issue here. Yeah. Well, if we put the chain uh link fence, it's also an issue to have it where I have what I wanted the property in line.
It does resolve their site issues, right? You had a I I don't speak for the board, but they still may have a concern with having it on the property line, but you having a chain link fence that your neighbors in their driveways can see through would help your application. So
whether it's on the property line, whether it's five, whether it's 10, that that's up to the board to decide. But having a chain link takes away the visibility issue that you have with the to have the chain link before. Correct. It it wasn't on your property.
Yes. So you that the board couldn't permit that. Was there a bought the house? Yeah, it was there already. Understood. You do have another issue here that I want to bring up to you. You have a swimming pool
in your yard. A what? I'm sorry. Yeah, but you have a pool in your yard. Above the ground pool and I saw it when I was there. I was there two days at your house. Anybody could come in there. That's why and use your pool. That's why
we I worry about it. That's why I said that we need the safety for the house because everybody can go through my property. That's why that I said before the that's why we are here to put some kind of uh safety. But you're also been
you also told us that the pool was there when you moved in in 2021. Chain lane. We had a chain link fence before. You didn't have a chain link fence. You you have it now, but where Henry Street
is, there's no chain fence to take out because we ced the tree about three or four months ago. They were there. Yeah. But they did they could come in right through here. So they have a pool in their backyard. They had Well, as of this picture, they got a
chain link fence with an open with the the driveway portion open. Yeah. Now there's no chain link but they have a pool. The ordinance says you have to have a pool. I mean a fence sense around the pool. So that's why we are here to try to you know to put the safety that we can.
Yeah. But the fence the the pool has been there since 2021. You said when you bought the house, correct? Yes. But we like I said they were before the chain lane fence. But there's no fence on that driveway on
Henry Street. There's no fence there. No, it wasn't. But we took it off when we cut we cut the tree off. That's why we took it off. It was It was three on on the three like five. And how big was the fence? Three foot. Yeah, that three
foot. Yeah, J. That's not good enough. Question. If you even if they had that fence, it's it's a little dilapitated, but let's say it's brand new, beautiful fence with the open driveway, we would we would never grant a a permit for that pool. It's just not
safe, right? So, something's not right here. Correct. You wouldn't typically get involved with a pool application as long as it was conforming. You only would deal with it if it had a variance required. So, if someone went in to get a pool permit and it had fence along the property, they they should get the pool
permit, right? If they put the pool up without a permit, which is what it appears because the fence was partial. It didn't cover the entire Henry Street furniture property. So, it appears that the pool was constructed without any permits. And even though there was a partial fence there, it was recently
taken down by the homeowners. Even the partial, we would have never passed. Andy would have never given the uh I wouldn't think that. Typically, they check to see if the pool has the appropriate fencing when a permit's issued. Right. Okay. It's only a three-foot a three-foot uh fence. I
mean, you could climb over that with no trouble at all. Your your problem with your pool is a problem also. If we had to take off, we take off. We just need to put the safe to the house like if you see the picture here we used
to have before. So that's you know once we take off because we cut cut off the tree that's why now we are worry about it you know to put some safety in the house. As you see, we cut off the tree. The the chain link,
you know, have to go out if it's if they're look look the way that was before. So, if about the the neighbor can see it, how come they can see those three there? Yeah, they were really throw, you know. No, no. Listen, let's not hit each other, okay? You look
at the picture that that's not blocking you coming out of a driveway. those trees. A a solid vinyl not a solid solid vinyl fence. You cannot see through the way that was when we bought the house was kind of you know there's no way this is not an obstructed view. I'm sorry.
I'm I'm rooting for you. I'm trying to give you the chain link option. You didn't want it. Fine. Whatever. But don't tell me that that is an obstructed view. No. No. I say I say I said that they were three beh which you could see perfectly into the
driveway. Yeah. Question for Jay. Come on. This this the chain got there. Um would we approve that so close to the curb? Like you would never approve of putting private improvements on the
public right away. So that never would have gotten an approval from the board. Yeah. But that was done without But how come was there? I mean somebody proved to the owners they have before to put it there. Excuse me. The owner probably put
it there. No one complained about it. No one ever questioned it. So, it just was allowed to stay there. Yeah. Okay. But if you walk on Henry Street and you get near that driveway, you can see that pool and someday, I hope it never
happens, but someday some kids are going to go by there. They're going to see that pool and they're you're not going to be home and they're going to go in there and you're going to have a problem because there's no fence. That's that's why that we try to avoid it. Well, I I know you want to you want to correct it,
but what you want to do is we can't give you the okay to do it the way you want to do it, but what I would do right now is I would take that water out of that pool so you don't have a problem with somebody going by when you're not home
and we have a disaster. I know. But some good is that I work from home and then when I have my second job at night, he's home. I know. But there's going to be a time when nobody's going to be home. That could happen. Yes. And if that
happens and that pool is filled with water, something drastically could happen. I'm agree with you 100%. That's why, you know, we try to put like something to safe to be safe. I mean, I I drove by there. I drove by there the other day and stopped and I could see
that pool and some kids are going to see that pool and yes, they're going to trespass on your property, but they're going to go in there. I know that's the way I worry about it. So, if you're worried about it, what we are, you know, to try to the advice I can
give you is until you get this fence and get this straightened out, take the water out of that pool. So that's why I don't want you to have an accident and option to pull the safety. Another option is you could have a fence put around the top of the pool
with a lock in. Yeah, that's that was the after after today. I mean after this we thought to go to even Home Depot le to buy like the the things that go around the pool. I don't know how that go. You can go you
can go to a pool place that sells pools and talk to them and see if you can get a ladder put in and have a fence put around the pool itself and then you won't have to worry about okay the the other part of it. Thank you for that. But I think you should do that soon because I'm going to do it. Don't worry
right away. Okay. We're going to do it this week as well. and and you know, thank you. If you're willing to put a chain link fence, sorry, we take too much, but we tried
to, you know, yeah, the board might be immenable to reconsidering it. So, um I don't know if it makes sense for you to to kind of look at where on the property
and feed look on the sides what you actually own. Maybe have a fence contract proposal as to where you you know put the fence set back
10 extra feet from the property line. board wants to grant that um and uh and then bring it back because you know there there's not a a lot of clarity right now. Um and you know if if
you bring back something that is okay to board the board may to reconsider and like what like well what you're going to consider is changing the way you want to put the
fence up and the property line etc. Or the other option is to go and and get to a pool place and see about getting a fence put around a pool. No, we're gonna go after here. We're going to go to see, you know. So, you have some options and
and then whatever you decide if you decide with the with the fence, you come back here with a different proposal. Okay. But we can't approve we can't approve it the way in its present form. Okay. Okay. Thank you. Cleared. So, the wall is an
issue because we don't know if that's theirs or the the neighbors and they're going to have to relocate fence along Henry Street because we're just they're just too close to be correct. blows the park. I think if you go to your fence contractor and explain to him the border
is concerned about where the fence is going to be located on the property with the walls and also the visibility from Henry Street, your fence contractor can walk in your neighbor's driveway and look to see where it can be placed where he can still have a line of sight and
then you come back and say we're going to put it whatever it is 10 feet, 5t, whatever it's clear. The board would probably consider something like that. Okay. Thank you. But we had to go through the process again to if you can send the letters, do the everything
again, get this stuff within the next I guess what 10 days before the next meeting. Uh board could do a motion for reconsideration and would have to renotice. Okay. Thank you. Beyond that, I'm going to be preparing a uh
resolution denial. So um you know time is t I think one of the first things you should do is go to a pool uh company and see about putting a fence up around that pool.
That's probably the the the best option without going to the site plans and and and changing the fence with the fence company. That's the one. But right now, I would take that water out of that pool so you don't have a a problem in the
next week or so. You know, we're going to done that. We're going to put the the fence around the the pole. Maybe that's a good idea. Yes. Thank you for the take a look at it. And if you did, if you're going to go to the fence,
then go down to the construction office with Mr. Mashansky and talk to him and get it back to us and we'll we'll take it from there. Okay. Okay. Okay. I'm sorry we take a lot of your time. Uh you got a lot of work to do. I do. Thank
you. Okay. Thank you. Thank you. Okay. Next on the agenda is it public comment? Um Anyone from the public wish to speak on anything? No public comment.
Next is resolutions. We have five of them. Uh the first one I'm going to bring up is 26 Adam Boulevard. Has everyone had the opportunity to review the resolutions on that application? The hearing was on
May 28th. Yes. Yes. Mr. Chairman, I move that the resolution be approved as written. I have a motion in a second on that resolution. Roll call. Uh, Chairman Green, yes. Vice Chairman uh Kazinski,
yes. Mr. Espazito, yes. Mr. Emma, yes. Mr. Castle Grant, yes. Miss Scottstein, yes. And Miss, were you here yet? Miss Gaz, uh, Gaz Gazundi. Gazi Gazundi.
Thank you, Miss Gaz, you were absent. Oh, she has you as a um a Yes. Okay. The next the next resolution is Sterling Towers Holding LLC of 879 Route 9. Has everyone had the
opportunity to look over this resolution? Yes. Yes. Mr. Chairman, I move that the resolution be approved as written. Motion in a second. Roll call. Chairman Green. Yes. Vice Chairman Kazinski. Yes.
Mr. Espazito. Mr. Emma. Yes. Mr. Castle Grant. Yes. Miss Scottstein. Yes. And Miss Kazandi. She has you on here. So, you're absent again on that one. Yes. Okay. It was demanding.
The next resolution is 28 Felic Terrace. Has everyone had the opportunity to look over that resolution? Yes. Mr. Chairman, I move that the resolution be approved as written. Second. I have a motion in a second. Roll call.
Chairman Green. Yes. Vice Chairman Kazinski. Yes. Mr. Espazito. Mr. Emma. Yes. Mur Castle Grant. Yes. Miss Godstein and Miss Kazandi. Next resolution is 110 North Edward
Street. Has everyone had the opportunity to look over that that resolution? Yes. I move the resolution be approved as written. I have a motion and a second on that resolution. Roll call. Chairman Green.
Yes. Vice Chairman Kazinski. Yes. Mr. Espazito. Mr. Emma, you were absent. Um, Mr. Castle Grant. Yes. Miss Scottstein. Miss Cassandi. Yeah. The next one's follow.
Yeah. Okay. Last resolution is High Point Investments, 880 Main Street. Has everyone had the opportunity to look over that resolution? Yes. I move the resolution be approved as written.
Second. Motion in a second. Roll call. Chairman Green. Yes. Chairman Kazyski? Yes. Mr. Espazito. Mr. Emma, you're abstained. Miss um Mr. Castle Grant. Yes. Miss Cotstein. Yes. And Miss Cassandi.
Thank you. Has everyone had the opportunity to look over the uh minutes from the meeting of May 28, 2025? Yes. Yes. Need a motion to accept them. Make a
motion to approve. Second. All in favor? I opposed. Okay. Make a motion for adjournment. So move second. All in favor? Meetings adjourned. Thank you. Thank
you. [Music]