##VIDEO ID:dHA91EIAFrk## ready okay good evening welcome to the January 22nd 2025 meeting of the Zoning Board of adjustment can we please write to salute our flag pledge allegiance to the flag of the United States of America to the rep stand Nation Justice all thank you okay so this first portion of the meeting is we have to uh nominate our professionals so oh you know what I'm sorry I have let me read the notice first my apologies notice of the meeting has been satisfied in accordance with chapter 231 pl1 1975 by advertising in the home News Tribune notifying The Sentinel Publishing Company NSTAR Ledger positioning on the bulletin board and filing with the borrow clerk okay uh start with yeah we'll start with the chairman uh we need a roll call please I think before or no yep here here thank you okay so at this time um I'd like to call for nominations for chairman for 2025 nominate Ron green for chairman Ron green is nominated second any other nominations okay close nominations and uh a yes vote is uh to confirm Ron green as a uh as chairman for this year roll call please yes yes thank you congratulations Ron at this time I'd like to call for nominations for vice chairman I nominate Tom krinsky for vice chair Tom krinski second Anthony thank you um any other nominations okay uh Anthony okay close nominations at this point roll call please Joan yes Mrs yes Mr yes yes Mr yes okay thank you congratulations Tom okay now we'll take nominations for our zoning board attorney I have uh just just for the record here I have a resolution Okay naming uh uh for the record appointing Alex Fischer and and his uh Law Firm but I will take any nominations at this point does anyone have any objections to that okay uh we need to uh so need to vote yeah we have that no other nominations we'll close those nominations and we'll take a roll call yes Mrs yes Mr yes Mr yes congratulations thank you okay moving on we will take nominations for our engineer any nominations 9 and8 CME J Cornell you have a second second okay any other nominations from the board okay seeing n we'll close nominations a roll call please yes yes yes thank you board members okay two more to go um we'll take nominations now for our zoning board planner anyone nominate Michael Fowler as our planner okay do we have a second okay any other nominations okay seeing n will'll close nominations roll call please John yes Mrs yes yes okay and finally our favorite oh congratulations uh we'll take nominations for our zoning board reporting secretary I nominate Joan kemell second second thank you any other nominations okay seeing none uh we'll close nominations and we'll have a roll call please yes Mrs yes yes Mr yes Mr yes okay congratulations Joan um I think that completes the nominations right for 2025 okay I'll uh close this portion of the meeting and uh we will return to our 7:30 regular zoning board meeting I don't need a motion for that just close it all right [Music] start I just need five minutes back in two minutes okay good this spe spe got yes for ready to two seconds let's do it you recording you're Ro you're recording you did okay good evening again and welcome to the business portion of our January 20 22nd 2025 meeting of the Zoning Board of adjustment we'll rise once again please to salute our flag I pledge allegiance to the flag United States thank you we'll read the notice once again just for the record notice of this meeting has been satisfied in accordance with chapter 231 PL PL 1975 by advertising in the new home News Tribune notifying The Sentinel publishing company and Star Ledger posting on the bulletin board and filing with the burrow clerk roll call please here here here here here I don't believe we have any old business so um let's start with the new business application 2202 Insight development Partners uh good evening board chair members of the board uh my name is David pad liced attorney in the state of New Jersey uh here tonight representing Insight development Partners LLC uh we are here tonight a an additional one-year extension of time for application 22-2 which was a preliminary and final site plan approval with bulk and use variances uh the original application was approved in April of 2022 and according to the bureau's ordinances that is a protected air uh time frame for two years with the expiration set for May 25th of 2024 um we were here last year generally about the same time we saw a one-year approval because there were several Outside Agency approvals that needed to be sought after and they were delayed um those were middle sex County and several njd and middle sex County uh Utility Authority approvals I want to make clear that those approvals have been received uh the last thing that we are waiting for and why we're here for another extension of time is Middle sex water company uh the applicant has to relocate a 24in water main on the site and relocating it is becoming difficult there needs to be an entire work of engineering done um the water company and the applicant reach an agreement uh it's a $1.2 million relocation so there's several engineering uh drawings and plans that need to be uh created for that and none of those plans could be worked on until the agreement was reached um as far as I know the the agreement was received at the end of last year somewhere between October and the uh and December um so the engineering plans are currently being worked on and we are just waiting for the final requirements from the midle sex water company um with that being said there's also some other reasons why we're seeking an extension of time just to appease some tenants their prospective tenants that are looking to lease this Warehouse building and currently a few of them have express some apprehension with the expiration date coming up this year even though it may be possible to uh begin construction with the water company approving the 24inch water main uh relocation tenants don't seem to uh feel very comfortable with it also uh the financing process they're in the process of receiving financing from several different institutions uh they also do not like the fact that the expiration is coming up this year they just want another level of comfort um so in conclusion we are here seeking an additional one-year extension of time um to May 25th of 2026 we don't anticipate we need that entire amount of time however um some of the items that we need to get uh finalized have proven a little bit difficult um so if you have any questions of me please I have one maybe two um so you have the drawings in place where your engineers are pretty much know their marching orders and and and but when do you have a start date approximate start date and how long and second question is how long from that start date will this take to finish so I know that the applicant wants to begin as soon as we can get those plans finalized by the Minal sex water company um the plans are being worked on they're not finalized yet they do need to be reviewed by the water company and there are certain things such as pilings and uh reinforcement of the pipe that needs to be relocated that weren't on the original pipe but are required now for the new project so those those things are taking some time and we need to match the specifications that are provided by the water company how long's the project take start to finish once you get all these approvals in place that I'm not sure of um I'm every applicant every developer wants it to be done as soon as possible usually but I don't they're not wasting time in the sense of delaying they're just they just need to get these approvals finalized before they can move forward okay thank you any uh other board members have questions letter you say impending expiration date May 2024 you're asking for a one-year extension but you're asking to May of 2026 yes correct that was a typo that that is a mistake that we made submitting the letter it is the expiration date is for this year may 2025 any other questions do any of the professionals have any comments Mr our standpoint there's no uh comments that they have addressed the conditions of the board's resolution of approval as was indicated they've got some tenant and financial issues as well as middle SE order so I no problems with the extension being granted no other questions we'll open it up to the public any questions or comments about this application seeing none will close the public what is the pleasure of our board motion to run the extension okay second second okay roll call please yes yes yes yes yes yes thanks um your extension has been approved and we'll memorialize it at our next meeting February thank you have a great night thank you you too oh okay next up um we have we'll hear application 2409 Jack Noak 49 Hillside Avenue good evening Mr chairman members of the board John wisneski wisneski and Associates I represent Mr Noak and in this subdivision application that involves a continuation of a non-conforming pre-existing use on the property um if you're familiar with Hillside Avenue and Cal Boulevard seral Boulevard had previously been sarin fiser and when Kaplan companies got a subdivision for that development one of the properties on seral Boulevard has a tail that goes out to Hillside Avenue my client owns a property on Hillside Avenue and he's been using that tail of the property as his driveway since he bought it and the person whom he bought it from had been using it as a driveway for that property for many many years before that uh what this application represents is really Mr Noak acquiring wanting to acquire title to the property he's been using by clipping off that tail and making it part of his property on Hillside at the end of the day the lot left on cille Boulevard will still be a totally conforming lot they just won't have this tail at the Hillside and Mr noak's lot on Hillside is very non-conforming first of all it's got two structures on it it's got a single family and a two family home and you'll hear testimony that talks about how long they have been there there but also the lot does not meet the minimum lot size as currently configured and you'll hear testimony from our surveyor that by making this addition this strip of land uh the lot will now be a conforming 7500 foot lot it will have the required Frontage it'll still have some non-conformities but they will be much less than they had been previously Mr noak's not planning on doing any work not planning on making any changes he's just acquiring the land that he's currently using as a driveway he's just now making it legal as opposed to using somebody else's property so with that as way of introduction I would ask Council if the board will accept jurisdiction I had sent a certification of service thank you and if uh the pleasure of the chair I can have our first witness Val binsky our licensed service come up and describe the site plan and the subdivision great thank Mr binsky I'm assuming this works um I don't know sometimes it does right okay well let's just set up right there I do would you accept him as a qualified expert to discuss this as a license surveyor I do yes yes sorry yes you're accepted Mr binsky would you walk the board through in more technical terms than I just laid it out for them as a Layman sure so uh the two existing Parcels um um uh above each other um back to back uh one parcel is at on um sville Boulevard um that's the conforming lot that meets the existing zoning ordinance uh the other parcel is is at 49 Hillside Avenue um that's the parcel um that has some non-conforming conditions um and um currently the non-conforming portions of the existing lot on Hillside Avenue um the frontage uh is 58 ft and should be uh 75 ft the lot area is also non-conforming um the building coverage is not conforming and the area coverage is also not conforming um so we're proposing to um take the driveway this portion that leads from the rear of the parcel on sville Boulevard extending all the way to Hillside Avenue we're proposing that that existing driveway and that 13 1/2 foot strip of land um go towards the parcel and Hillside Avenue know um that will um that will make the the lot area conforming to the zoning ordinance it'll make the building coverage conforming and it'll bring the lot width closer much closer to the 75 fot um zoning ordinance um and uh yeah and the lot coverage will be closer as well so just going through it the the lot is currently 6,26 6 ft the Hillside Avenue Lot correct and then going with the added strip it'll become 7,925 ft correct all right so it'll be conforming it'll be conforming yes okay and right now uh the lot has um building coverage of 20.6% uh because it doesn't have that strip adding that strip reduces the building coverage to 16% correct and by adding the strip we're also reducing the lot's overall impervious coverage correct okay and is this going to in any way impact what happens to the lot on Servo Boulevard it won't and in terms of what it will do for Hillside Avenue will it bring this lot to be closer in Conformity to the surrounding properties yeah it'll bring it closer to existing ordinance yes okay I have no further questions for Mr binsky does the board have any questions you have anything to add Mr chairman uh I would agree with what the applicant uh described this even though they need a use variants that is caused by the two existing structures on the lot one's a two family one's a single family they by adding the lot adjacent to it to this one you're reducing the intensity of the existing variances we did have a report where we indicated that there were some uh techncal requirements that needed to be addressed and also the existing driveway is not 5T off the property line which is required by ordinance it's been that way for years but technically there's a waiver that's associated with that correct so to Mr Cornell's letter which I think is dated today uh there are four comments at the end one is about the waiver yes we're asking for waiver because that driveway is 2 feet off the property line and there's no way to make it 5 ft which is a requirement so that's a requested waiver and then the other comments about modifying the plan so the signature blocks and other uh technical aspects of this we agree to do those thank you thank you any other questions today and the application seem to be very positive in nature they're eliminating a double block condition the property that's avable Boulevard also eliminating with condition the same Lot H Avenue as the attorney has proove theill less use making the variant for the use um better situation so nothing negative as far asil great thank you so much okay thank you so much for your testimony Mr chairman thank you our next call Jack Noak the property owner good evening my name is Jack Noak you're going to have to be sworn in first I'm sorry help you yes I do hey Mr Noak are you the owner of this property on Hillside Avenue yes sir and you see the property on Hillside it's indicated on this plan that's been presented to the board yes okay the driveway that you use or have been using for this property is technically on somebody else's land correct that land is owned by the homeowner on cille Boulevard and you approach them about acquiring that property the story was like this on the beginning when I purchasing the property 49 Hillside I notied on the survey that is the strip of of the line line like the allei or driveway on the time when I was dying I asked him and he and he said yes he used from the time when he property from 1986 so and I asked him do you have any problem with using this one or anyone was complaining or any objection about the use he said no okay this is the my knowledge what I had from the previous owner so we was I would like to make that clear this property uh this land when I asked the owner he said probably this property will never use because on the uh property line between the lake development and H side is retaining all five foot high so is there no way the owner of the property facing to the S bu will use when I he asked me can I like to purchase and he said we discussed and he said this piece of the land is not useful for him he's no access to the the lot Jack let's talk about your property on it there are two dwelling structures right correct and when you bought this property in 2018 those were there correct okay I want to show you something that I've marked as exhibit D which is a survey of the property can you can you uh tell the board what date is this so that this survey for the from the previous owner this survey was dated from October 10 1986 and as the survey show the two structures on the proper Sur show the two property two story front uh two floor building and the back building with the one floor Plus on the show The exactly line of the driveway how he used the driveway to access to the second house on the backyard thank you and when you bought the property in uh 2018 you received from the bur Servo a certificate of resale compliance correct and that's what I'm showing you is exhibit B that's for which property the building on the back which is the name like the SE for ni see and then this other one which was marked as exhibit AAS for which properties was referal like the residence of the of the property but but it's what's what address and 49a and 49b was like the building facing to the hillside thank you I have no further questions have any questions I don't know if we'll we'll start with the professionals maybe does anyone have any questions Jay or Mike I think during the technical review process the question came up is how did the two family house and the single family house come together on one lot or were there ever any variances provided for that and and I think the testimony indicates that it's been there since 1986 probably a lot longer than that but it's been there for an extended period of time so Mr Noah do you have an estimate of the age of the building how old do you think the building is building it's existing building probably front and back is about the at least 8 years old and you Bas that on what what does the explanation on the time when I was trying to fix the building on the back Foundation because with problem with the foundation so I decided to make the proper structure I discovered brick from the origin stamp s fer brick and the Fisher brick so the is exactly because it's the stamp on the brick so on this case my evaluation was at least 8 years plus what I noticed on the original survey the property line on the both side of the neighboring l was the by the date from the July 1718 90 18090 is the one line another property line is the marabon that did on the 18988 so there's probably house is much older than years years old I have no further questions for Mr Noak okay thank you does the board have any questions from Mr nyak okay seeing none thank you so much thank you thank you so Mr chairman I just wrap up by saying this is a minor subdivision uh that has a wrinkle in it because it has a non-conformity that non-conformity has not been created expanded or changed in any way by this property owner uh you've heard testimony that the changes here are actually going to make the lot more conforming not perfectly but it's going to be more conforming which really meets with the plan and intent of Zone plan and Sero so I think you've met the necessary burden to establish for the grant of the variant as well as the testimony for the grant of the subdivision and I would urge the board to favorably approve this thank you and I rest thank you okay at this time I'd like to open it up to the public for any questions or comments about this application seeing none we will close the public what would the board like to do a motion to approve the application okay um sorry we any roll call please yes yes yes yes yes thank you so we'll memorialize this next month for you guys thank you Mr chairman thank you thank you can you send me the transcript than okay we have two resolutions to uh everyone a chance to fation yes approve motion to approve yes yes yes yes yes okay our final resolution is 2416 Lindsay demile Brown 359 Washington Road has everyone had a chance to um read Mr Fisher's um memorialization okay is everyone an agreement I have a motion to memorialize me memorization anyone motion to approve yes second thank you roll call please yes Mr Emma yes yes yes yes okay both resolutions have been approved um I have a question Joan I I don't remember November did we we have to approve the calendar for 2025 you want to do that next month for all our meeting dates we usually do that we did that already okay thank you yeah I've got the minutes but the rep annual report okay has everyone had a chance to read the annual report I didn't realize we were voting on that tonight my apologies Jay thank you okay any questions any comments okay seeing no like to make a motion to approve can I have a motion please to approve second second roll call please Excuse me yes yes yes yes yes okay thanks Jay uh lastly the minutes from our November 2024 meeting uh has everyone had a chance to review them any questions okay uh uh does everyone app so if everyone approves can I have a motion please to approve the minutes motion to accept am minuts thank you roll call please Joan yes yes yes yes yes okay I believe that's all we have okay I'm sure Ron and Tom are are are looking in tonight so we wish them uh speedy recovery get back soon please get back soon thank you uh do I have a motion to uh uh end the meeting adjourn yeah that's it adjourn motion to adjourn thank you all right everyone have a nice evening job Anthony yeah jesz school board's easier it's easier to Schoolboard