All right, we can start. Good evening. The meeting of the board of board of adjustment for the bureau of Somerville for April 1st, 2026 will please come to order. Adequate notice of this meeting as required by the open public meeting act has been that on
January 21st, 2026. A copy of the notice specifying the day, time, and location was posted on a Bolton board outside of Burough Hall, given to the clerk administrator, mailed facts, or emailed to the Courier News, and placed on a burough website. If anybody believes that this meeting is being held in
violation of the Open Public Meeting Act, please state your views at this time. These proceedings are of judicial nature. Only those items on the agenda will be commented on or questions um um
fielded for for those applications. If you're here for the um storage units, that's not that's not until the 15th. Um roll call, please. Chairman Ardair >> here.
>> Ed Allen is excused. Robera Carpinets >> here. >> Morgan Mccclaclin is excused. Rich O'Neal >> here. >> Brian Viddimky >> here. >> John Flores >> here. >> Eric Alvarez >> here. >> Steuart Daniels.
>> Would someone like to move that Stu Daniels absence be moved and seconded that Stu Daniels absence be recorded as excused? >> Okay. Next item. Pledge. United States of America to the Republic for it stands one nation under God
indivisibley justice for all. >> Okay. Next item. Approval of the minutes for the March 18th meeting. I think it was the 18th.
Someone like to move. >> Someone like to second. >> Second. >> All in favor? >> I >> opposed. Carry. >> There were no resolutions tonight. >> Okay.
>> Uh, next we have the hearing. 2025 014Z Mark Sedric, 71 North Dowy Avenue, block 132, lot six. Jason, I think it's the vote first. Mr. Chairman, you do the vote.
>> The revote on Princeton Canoa. >> One second. >> Please have a seat for a minute. Um, Mr. Chairman, as we discussed at the last meeting, there may have been some confusion in connection with uh the board's vote to deny
uh Thank you. The board's vote to deny a application by Princeton Canoa LLC for 69 West End Avenue, block 129, lot 6.01. This was our docket number 2025-00009Z. Uh after discussion, it was determined
that to alleviate any any confusion that the board would redo it, do a revote. Um what we had was a motion that was made by Mr. ML Mr. McLuhan to >> I'm sorry to deny the application
and um there was some colloquy and then the then the vote was taken but I think the way this is to be handled the motion to deny should be if if if if the if a member wants to deny it should be yes to deny or no not to deny. I want that made
clear. If there's any questions please ask them now. Okay. With that in mind, it would be my suggestion that the uh that the secretary read the role and that the board revote the board revote
in connection with this application. If necessary, I'll read it, but I would prefer that the secretary, the appropriate thing is that the secretary read it. >> Chairman Ardere, >> yes for denial. >> Roberto Carpinets, >> yes for denial. Rich O'Neal.
>> Yes. >> John Flores. >> No. >> Eric Alvarez. >> No. >> Okay. Gary. >> Okay. Thank you. >> Thank you very much. >> The application is considered to be
denied and uh I have not yet prepared a resolution. We'll do so in a sub for a subsequent meeting. >> Mr. Chairman, back to you, sir. >> Okay. Jason, what do we have >> now? We have the hearing 2025-014Z Mark Sad 71 North Dowy Avenue, block
132, lot 6. >> Good evening. >> Good evening. >> I have the applicant and uh I am the architect. >> Okay. >> Swear I >> Oh, sure. Could you enter your appearance, your name, and uh you your
name and your applicant's name, please? >> Sure. My name is Mark Sadrack, uh property owner. >> Hey, let me let me start off, sir. >> Uh I'm going to what I'm going to do is well, I I let me swear in your architect and I'm going to swear you in, sir.
>> Yes, sir. >> Please raise your right hand. You saw me swear the testimony you're about to give in this matter will be the truth. So I help you God. >> I do. >> Please state your name and spell your last name for the record. >> Joseph Periano. P R I M I A N O. >> Very good, sir. Now, if you would do the
same, you solemnly sw the testimony you're about to give in this matter will be the truth. So I help you God. >> I do. >> Please state your name and spell your last name for the record. >> Mark Sadrack. Spelling is S A D R A K. >> Thank you very much, gentlemen. in your case.
>> Esteemed members of the board, my fellow neighbors, thank you for taking this time to uh hear our application. Um I come we come as a application of a growing family wanting to grow our family here in Somerville. Um as you can
see, I brought my family with me with my beautiful wife and three boys. Very excited to be here and be a part of this. Uh we we come to ask uh we came from getting married in 2016. I can get that wrong. My wife is here.
Uh we got married in 2016. So this is our 10y year anniversary. Um we purchased our home in 2018. When we purchased our home, we were looking for somewhere to spend the rest of our lives, right? Most people don't like moving. I don't. I didn't. And uh so when we bought our home, we bought it as
our forever home. um we didn't know how many kids we'd have at the time and as time progressed we were given and blessed with three beautiful boys but as time also progressed the need for space >> increased >> does that they were a blessing indeed
>> and and therefore we came to a resolution where we had two options we would either sell our home which we loved so much and we bought and made our memories and try and find a bigger space or we would work with the space that we have and try and increase that space and
here is where we hired this wonderful architect, Joseph, who's been with us every step of the way, helped take our vision and make it a reality. Um, we've been we we love this community. We love this town. Um, I was trying to think of fun, witty ways, but to to say I don't
want to be a hero. I'd rather be a summer villain, but uh I don't want to be a villain, right? So, I'm here uh and I I want to hand it off to Joe who has kind of taken our vision and put that into a reality. Thank you again, >> Mr. Sadrick. That's been a question that
people have been asking for a long time. Is a summer villain or summer light. >> I didn't I liked I I contrasted it with hero, but we're all heroes here. So, >> thank you, >> Mr. Pimeiano. I just want to let you know that I have reviewed the uh the
public notice that uh you propounded upon me and it's my opinion that it is uh legally sufficient as the form and content the board can exercise jurisdiction over this application. >> Thank you. So please you may go forward.
>> So I am a licensed architect. Um I am my my license is still uh active. I'm licensed in 10 other states. I've testified before numerous boards throughout this state. I've testified numerous times before this board.
Um I I'm going to summarize uh kind of what the applicant is looking to do here um and kind of touch upon some of the key points that was uh brought up in Michael Cole's report. I kind of did my outline in a in a similar fashion. So
hopefully I can answer all of those questions and and uh you know summarize everything that may be uh outstanding um you know regarding this application. So So the address is 71 North Dowy Avenue. House is in the R2 zone. Property is
roughly a quarter acre. Uh there's a twostory house in the in the front of the property and on the back of the property is a is a one-story garage. Um there's a split driveway that's on the right side of the property, which in this case I believe is like the north
side of the property. Um and the uh that share driveway goes uh between I believe it's 71 and what >> and 69. Um and then they have a garage
that is about halfway back. the applicant has a garage that's all the way in the backyard. Um, if I I have an aerial that's on the on the title sheet. I have blown up copies of that if you guys do do want to see
that. Um, but pretty much what's what's happening is this uh detached garage is in the back. It is a twocar garage or kind of one and a half garage with a storage that's attached to it. And surrounding that garage, pretty much all
the neighbors also have similar garages. There's um there's to the to the south there's a threecar garage. Uh to the uh west there are two properties that front on Mountain Street. They also have garages that back up to this. Um there's
also a shed on the one property. Um and then there is the parking lot that comes in from the the funeral home. Uh just to go over some areas, uh the the existing garage is currently 437 square ft. We're
adding about 8 uh 88 square ft to the garage, which will make a total of 525 ft on the garage. The existing storage space is 163 ft. That space is pretty much being rotated to allow room for the new fitness area. That fitness area is
going to be about 159 square feet. And then uh based on the shape of the roof, we did a storage space above uh which gives him some extra storage which is going to be 354 square ft. So pretty much the overall existing building is
600 square ft. Uh when we're all said and done, it'll be 1218, which is about 525 ft of garage and 690 square ft of storage and fitness. And again, as the applicant testified, the you know, he he
this is a forever home. He has a growing family. He needs the extra space. Um the the the basement in the house is very short. It's only about 5t tall. It's unfinished. Um, and it's not even under
the whole house. Only uh a portion of it is actually the the tall basement at five feet. The rest of it is about two and a half feet tall and it's all crawl space. Um, so he has no storage underneath the house or any kind of
finished rooms. So this garage is is to help him get some more storage space. Um, there are several variances that are needed because of this. We have uh a bunch of C variances which I will go through and then we also have a D
variance for the floor area ratio. So currently uh the C variance is so the maximum improvement coverage in this zone is allowed to be 40%. It's currently over at 57.39. So as we were designing this we said
well you know that's quite a bit over there. Is there anything we can do to get those numbers down? And what we did was there's a large gravel area that's in the back uh portion of the yard that's all being removed and that's going to be converted back to grass. So
where it looks like we're making the building larger, the the numbers are correct. The numbers that I have on my drawing are correct. There actually is a reduction. It's going from 57.39 down to 54.89. So there's almost a 3%
reduction in improvement coverage. Uh the next variance is the floor area ratio. Currently the existing house as at 3,72 square ft. The existing F is 26.57
and the MAC the maximum F is allowed to be 30%. When we add that 693 square feet of finished space, it puts us over at the 32.57, which is why we need the D4 variance.
There's also a variance for uh the the overall size of the garage. So, an accessory building cannot exceed 600 square ft. This building will be 864 square ft. So, we're 264 square feet
over on the footprint. Um the rear lot line needs to be 12.5 ft. Uh the existing building is actually over the property line. It is on the back of let me see here.
I want to get the the numbers correct here. >> Are you citing for materials that are all in your application? I just want to make sure. >> Yeah. Okay. >> And Yeah. And all these all these are are on my drawings. All these numbers are on. Okay. I just want to confirm that for the record.
>> Correct. Correct. So, we show uh that the existing garage is actually over the property line on on the back side, and I believe that is on that's on 64
Mountain Avenue, which is the the garage that's directly behind this. There's two garages that are behind this, but the one that is over is on 64 Mountain. um as part of this application that that bumpout and that overage is being removed. We are completely taking that
portion of the garage off. So now everything the applicant is doing is going to be on their property and there's nothing going to be remaining on any adjacent properties. That just makes everybody's life easier for for everything for easements, for lawsuits,
for resale, for whatever. Now this building will solely be on their on their property. Um the same goes for the side. The existing side is at.3. We're keeping that. We were we're maintaining those two walls. Um the sideline needs
to be eight. Uh but again, we're we're we're keeping those two the the rear wall and the right wall. The only expansion is going into the applicant's property. Uh there was also a variance needed for the max height, but when we computed the
height, we actually did it incorrectly. Um, and we didn't go to the mean. Uh, the we listed it accidentally as the peak, but the mean height is actually 15.9 ft. Um, which complies with the ordinance as we drew it. So there there
is no height variance needed. Um so some of the some of the comments um again in the in the planners report um talks about the
square footage that's being added um and some of the the overages over the property. Um I kind of just was going to go in order to that to that report and just go item by item. Um the first item was that the garage is over the property
line. So we stated that the applicant is going to remove that portion of the garage. Um the expansion only adds 693 square ft of finished space. Um the the upper floor is sloped and uh none of
those none of those areas would count in the F because they're all lower than seven feet. Most of those areas actually go to zero because it's that that upper floor is is like an attic. It's it's not a full second floor. It goes down the rafters sit on the ceiling joist and that comes down to a to a small point.
Um the only the only spot that you could actually stand in is the middle strip on the on that upper floor. And as you look if if you look at the floor plans, the stairs occupy a good portion of that because stairs need to come up in the
middle because if you come up near the edge, you'll you'll hit your head. Um there was uh in the on the first floor. Uh the applicant is proposing to have a little fitness area. He likes to work out. There's no room to do that in the house. Um it makes sense to do it in
this back building because it'll be slab on grade. All the equipment could sit on the ground. Nothing's vibrating and shaken through. Um because of that, he would like to have a sink out there, you know, just for uh good hygiene. He wants to be able to wash his hands, wash his face if he's sweating. Um so we we had a
little sink in there. Um it's actually quite a bit of an expense on the applicant to do that um because of the distance, but that's that was his wishes. He would prefer to have the sink out there. So again, he could just wash he could wash his hands um if he wants
to get a little drink, whatever. Um materials, aesthetics, roof lines, windows, all of that is designed to match the house. um the the gable roofs, the the colors, the materials, everything will
match the house except for one item. The applicant would like to do vinyl siding on the garage. Currently, there's old aluminum siding on the house. He wants to replace the aluminum siding with uh a new vinyl siding. So, the garage is
almost going first. Um, they'll still have the same clapboard look, still same color, same reveals and exposure, but the material will be different because he doesn't want to match the aluminum that's on the house. Just as far as material, unless you went up to it and knocked on it, you wouldn't know the
difference. Um the the existing leaders that are on the garage now actually have drainage to a popup that goes in the yard and our intention is to connect those leaders
into that same popup. Um it's also part of the reason why we're adding more grass area and we're reducing that gravel area. So there's actually a reduction on the storm water and that should I don't think there's any issues in there but if there were hopefully
that would reduce any kind of storm water runoff going anywhere else um because now there would be more percentage of grass to to be able to accept that storm water uh the utilities. So we're going to run obviously there's there's power out there now. We're going to keep electric
power out there. We're going to run a water line and a and a waistline back. All of that will come back and be connected into that basement that's in the in the dwelling. Nothing needs to go out to the street. Uh there's no curb cuts that are needed. There's no
connections that are needed. Um I believe the authority may want uh just an application for us to reach out to to you know possibly get a a letter of no further action or something or perhaps a fee. But the the connections are going
into the house. It' be no different than if you were adding a a a wet bar in your house somewhere. We're just adding that one sink. Um as far as the the D4 varants, um you know, a lot of uh New Jersey municipal
land use refers to, you know, precedent cases. Um in in this particular instance, you know, the the case that's cited is Coventry Square verse Westwood. Um and in that case, the the obligant had to show that the
the um the the site can accommodate any of the issues that come up. Right now, in a very involved site, the there could be a lot of issues. Typically, in a residential site, the issue becomes
parking. Okay. So, so how does the site handle parking? Right. So, if I'm increasing the F, typically most of the time people are increasing uh bedrooms and they'd be increasing the amount of parking spaces that would be needed off
site. In this particular case, because the driveway goes all the way to the backyard, the driveway itself could probably hold five cars, easily five cars without even on the split area because, you know, if
somebody parks in that split and it's blocking the neighbor, I I don't even want to count those spaces. So, they could easily fit five cars on the driveway in the back. And obviously we're making the garage larger. So you're going to have two spaces in the in the garage. So there's seven
available parking spaces on site. And the residential site improvement standards uh require for a fourbedroom house, which this is, uh they require 2.5 parking spaces. So we are well above the parking requirements. So typically
say okay what's what's you know is this site adequate to handle that? Yes we are not increasing any bedrooms we're not increasing any parking um and the site is out of you know adequately sized to to handle this expansion. Um typically
with the C variances, we have to we we go into you know positive criteria and negative criteria and how um you know how how it impacts the the neighborhood, how it impacts the zone and the ordinance and the master plan. Um you
know we're we try to get as many positives as possible when we design these things, right? So, um, we tried to design, we we kept the construction matching the house. We kept the two walls in the same locations. Everything was expanded inward towards the
applicant's property. We eliminated the uh overage that's on the back property. Um, so we tried to get as many uh positive items as possible. Um, there's no trees that have to be removed. Um, and again, we're we're also reducing the
overall coverage because the that whole entire gravel area is coming out. We now have more grass area to help with with storm water. >> Mr. Perier, I don't mean to interrupt you, but >> do you identify these as C2 or C1 variances
under 40 col 55D-70? >> I believe it's going to be C1. Are these hardship variances or are they what someone in our in artfully referred to as flexible C? It
>> would be the flexible C because >> benefits outweighing the detriments. >> Correct. Correct. So there's more positives than negatives. Um a absolutely. So as far as a hardship, uh no it's it's it's a regular shape lot. So this would be the flexible seat.
Um and then again, so there were some general comments. um uh about the sidewalk. Uh I think the sidewalk's in pretty good shape across this property, but the applicant has no issue with adding notes to the drawings about if
there are some damaged portions of the sidewalk, they can be fixed. Um I know they're in the uh the blue stone area, so if that could be replaced in like uh that that's not a problem. Um the there
was some comments about the populations and and some of the patios. Uh I believe the property survey was completed before some of those items or something changed, but I do stand behind my
drawing. I went and measured all of that. So the the site plan that's on my T1 and all my calculations include everything that's on his property. So, I included patios, walkways, driveways, decks, everything was was included in my
numbers. Um, there was I did provide um as part of the application, there was uh there's a heat pump that's going in for some heating and cooling in in this space. Um, and the condenser that I originally selected had a higher decibel level, which didn't comply with the
ordinance. Um, we have no problem working with with the planner on uh resubmitting a revised uh condenser. I I did bring one with me. I did find one that complies with the ordinance of the 50 dB at night. Um, so that will be a
quiet condenser. Um, so it does comply with the noise ordinance. And I I tried I think that covered all of his items. Again, just to summarize, I mean the applicants just looking to add some extra garage space and extra
storage space. We tried to be very mindful of what we designed here. We tried to eliminate any kind of issues that are already existing as the piece, you know, the garage is over the property line, the coverages, the reduction of of the gravel area. Um, and
we just tried to present the board with with a nice project um that works for the applicant but also helps try to be in compliance with some of these rules. So, I hope I did I hope that covered everything. If you have any questions,
I'd be glad to answer them. >> Anybody from the audience have any questions of the testimony just given? Come on up. speak to the mic, please. >> Sure.
>> Hi, my name is Chris Cutler at 64 Mountain Avenue. And I was also asked by my neighbor Rocky Deo to speak on his behalf. >> No, you speak on your behalf. >> Well, you speak on your own behalf, but not on behalf of another property.
>> Okay, that that's fine. I'll speak on my own behalf. Um, we welcome children into the neighborhood. Welcome. We think that's wonderful. I really wish that the architect had reached out to us before doing so much work on the property. Um I
went and inspected the drawings and the first thing that struck me was that within inches of my property there'll be a 21 foot high wall on the south side because he's building right onto the the property line as the current structure is but that's at 8t high. This will be
21 feet high, blocking out the sunlight that goes to our garden and turned the backyard into a a valley of darkness. So, I was not happy with that. Um, I also think that if they're building a structure, their workers are going to have to be all over our property if
they're building on the property line. And that's not exactly something that we find satisfactory. Um, there was some language in it that this is an addition to a a garage or I'm not an expert at this, but the drawings suggest that everything above ground is
entirely replaced. So, it's an entirely new structure. Um, looking at the zoning, the zoning rules I thought were a maximum of 16 feet, not an average of 16 feet, but I'm not an expert at the subject. Uh the other aspect was that the the property
should be the structure should be bu be built at least 8 feet from the property line. So this is nowhere near that. I'm not saying that I'm demanding 8 ft, but what what they're saying is is uh you know just doesn't work for us. Um
then with regard to that, um you know, I just want to make sure that this isn't like a an apartment in the making. They never suggested it, but they're going to have heating and cooling. They're going to have water. They have power. And there's 1,200 square feet in there. So,
it is it is a lot. So, I heard a lot of variance requests. I think that this is really stretching the rules for for zoning. And I think I think they should, you know, either keep the existing structure, go back to the drawing boards, and perhaps work with the neighbors before they they get this far
into a project. Um, currently the way it exists now, there's no maintenance done on the back of the property. >> What's that? >> What's the question? >> Oh, so I'm I'm just how how can how can they address our concerns? >> Thank you.
>> Anyone else? >> I'm Margaret Phillips, also 64 Mountain Avenue. Um, yeah. My my biggest concern, and I hope you can address this, is there's currently no maintenance done on the back of the garage because it's on our property line. So, how would they
access the back of their garage again without coming onto our property? So, that that's my question. Thank you, >> Mr. So, I I'd can address all of those. So, um, so the wall height is is not
going to be 21 ft. What's what the wall height is along the along the gutter lines is is your typical one-story wall height. It's 9 ft, 10 ft. The peak is at the 21 ft. But what we did was to again
there was a lot of thought that went into this. Um we we were trying to minimize the impact to the neighbors. So we actually rotated the way the ridge runs on the building. So currently, um the the the neighbors is 64. They have a
uh they have a hip roof. There's a there's a garage directly behind this one. So they they butt up the the applicants garage is non-compliant. The people that just spoke at 64, their
garage is also not compliant. What we tried to do was we said, well, how can we how can we soften that that impact? So right now the gable runs uh north, it runs east to west. So they have a very
high peak that faces towards their house. What we did was we re we we changed the direction of the roof and the ridge runs north to south now which is similar to the adjacent garage that
just got approved a few years back. So that ridge also runs north to south. So when they look at it from their home, they're not seeing that 21 feet tall roof. They they probably actually won't see most of it because they'd have to look over their garage that's also a
detached garage in the back. They'd have to look over that and they would see the applicant's peak kind of going away from that. Um we didn't put any windows on that side. We didn't put any skylights on that side. Again, that was all thought of for the neighbor and for
privacy. So, um I I know there might not they we might not have talked to them. Um but as an architect, yes, we always think about what the surrounding items are. Um so those are why we did some of those uh the that's why we did that
design. Um there's also a shed. They actually have two detached accessory structures and they they have a a shed on the other side as well. So, so they have two structures that are just as close to the property line as as as the
applicant. We are and and in fact, as as I testify, we're not going closer to the property line. The piece that's nonconforming that is on their property is actually being removed. So, we thought we were being a very good neighbor and trying to solve all of these issues. Um, as far as workers, um,
when they go to do the construction, me, I'm an old school kind of person. You know, I would hope that, you know, you hear somebody who's saying, "Listen, this is going to be my forever home." The fact that these two people don't know each other, it upsets me a little
bit. Like, you guys are neighbors, you know? I'd want to see and hopefully because of this application, hopefully they can talk, they can get to meet each other, you know, because if I was a neighbor and somebody wanted to do something on their property, hey, can I go on your side for a little bit? Okay. You know, and that that's what neighbors
do. Now, if that can't happen, it is what it is. We've we've done plenty of projects that are on the property lines. There are different methods that that get built. The actual panels and the wall gets pre-built and then gets tilted
up. So, there are ways that this can 100% be done without stepping on their property. That's between them if they want to work out an agreement or something. But again, there are there are several feet between these buildings. It was also testified by the
the the neighbor that that area it's all cluttered back there, but most of most almost all of that is on their property. It's this this building is 0.1 feet from the property line and it kind of goes at
an angle. So, the five or six feet between the buildings and all the disrepair and I I have pictures of everything if you guys want me to hand out photos, but all the pictures, all the the stuff and the overgrown growth that's happening between these buildings
is actually on 64's property. It's not on the applicant's property, but I'm sure again as a good neighbor, if they would like him to clean some of that up during the construction, I'm sure he would do that. It's not going to spend all of this time and money and then leave the place a mess. The whole point
is to try to make this nice. And I do have pictures of what this ex existing garage looks like, it has a dirt floor. It's all settling. It's it's it's it's falling apart. And there's also even on the adjacent neighbor on 60 Mountain Street. There's there's a pergola across
the back. Again, stuff is all rotted. Stuff is falling apart. This applicant is here trying to do the right thing. They want to make this better. They want to make it nice and they also want to clean up any of those areas even if that's not on their property. Um so again I I I I tried to address it again
with wall heights, roof lines, sunlight, uh the workers. Uh yes, it is going to be a lot of new structure. There's really nothing to to to keep here. Structures in in bad shape, which is why we're proposing to do what we're doing. Um, and then as far as maintenance,
again, uh, things if he's putting a a a vinyl siding on, vinyl siding requires very little maintenance. So, he shouldn't have to be on somebody else's property to maintain that. But again, I would hope that neighbors could talk and say, "Hey, listen. Hey, we're going to do a spring cleanup. Let's let's clean
up everybody's little building here or something." So, Sure. >> Thank you. So what does the applicant plan to do? And substantively I if if you believe what you're going to what what you're discussing can be better set
forth in pictures considering the board has to evaluate the veracity of all the evidence and you should submit those pictures. >> Okay. >> Don't just talk about them. >> Okay. Well, I mean, we could look at my the the property survey the the you could see on my title sheet where those
two existing garages are drawn from 60 Mount A and 64 Mount A. And you could see the property line. There's there's there's inches between the property line and my applicants building. 95% of the property is on
there. So, I mean, again, can >> 0% of the property should be on the should be off the property line. So, >> no. Please don't try to explain to me that it's okay that they have an encroachment. >> No, no, no, no, no. The all of the the the overgrowth and the trees and the
vines that they're talking about, there's there's that's all on their property. >> Not correct. >> I I sir, I I'm that's if you want to appear again and state your position, that's up to you. But I I'm I'm I'm
frankly I'm trying to hold the witness trying to hold the witness to the standards that are that are to be evaluated by Don't look at me like that please. >> I you know I want to I want to hold the witness to the standards of the MLU all
that have to be applied by the board. >> Can I just point out something that >> Excuse me, ma'am. >> Is that okay? >> Come on up. State your name. This is time for questions. >> Um yeah. Um Margaret Phillips, 64
Mountain Avenue. And what he is what you said was that we're not our property is not in compliance just like his is. But you also said that there's a five to six foot difference between his garage back and
our garage back. So ours is set back. Ours is not on the property line as he seems to be implying. Okay. And my concern and the question that I asked is when you have to maintain the back of the garage, you have to come onto our
property. Even with even taking that little um abutment out, if you're inches from our property line, there is no way you can maintain the back of your garage without coming onto our property. So, how are you going to address that issue?
>> Okay. Uh I I think I have a good solution because again I'm always about finding solutions. But let let me be clear. I'm not implying that their their garage is at the same distance uh from any property lines. I I had said that
their garages do not conform with the 8T just like none of the garages in this area comply with the 8T. I I >> the neighbors the neighbors garage is not the subject matter before the board. Uh but but there was also questions about again all of the the the lack of
maintenance back there. All of that is not it's not on the applicant's property. It's it's on their property. But my suggestion so he can maintain his walls is because we're going to reconstruct this because a lot of it is damaged. I don't think the applicant
would mind if we pulled the building two feet off both property lines. That would give him a little bit room to go there. If he's got to clean some mold off the siding, he can. So be it. And that'll give them a little bit of space. You know, currently right now, he he his
building can stay on the property line. It could actually stay over the property line and he could just choose to repair that building. But if we're all trying to compromise and make something better, okay, then if they're concerned about how is he going to maintain it? Okay, I think the applicant, right, would you
applicant is agreeing, we would pull the building two feet off of the backyard and we might as well do two feet off the sideyard. So it it it it addresses both sideyard issues. >> Why not more than two feet?
Is there a number that the board would like or is there a number that the neighbor would prefer? I mean, >> no, the neighbor has to make the decision. >> But again, we're also trying to be good good neighbors, too. And if somebody has a suggestion, I mean, 3 feet. >> Well, Joe, based on the size of the
garage, the rear is has to be half the the principal setback. So, it's 12 1/2 ft. So, I guess the question is if it's going to be torn down and moved, why can't it comply with the existing zoning? That's the elephant
>> right there of the buildings coming down. What is the rationale or justification for not complying with the zoning? >> Well, again, typically if we're going to reconstruct a a structure, we we put it back in the same spot. It's not we're just not asking for uh sideyard and rear
yard. We're also asking for floor area uh and and other items. So, no matter where we we put this, there's still going to be all those variances, you know. um the more that the garage is moved forward, it now just becomes unusable space, it's just dead space. So
if if it's the if the neighbors are just looking for something about how is it going to be maintained if there's a three-foot space between the property line and their building, that is that's ADA accessible. That's three-foot pathway. That's that's plenty for somebody to go there, you know, clean
the gutter, wipe some mold off or some mildew. So, and that still doesn't, you know, have him lose 12 feet of backyard. And again, all all the existing structures, there's there's one, two, three, four, five, there's five other
garages all abuing this property and none of them are at the 12 1/2 ft. They're all literally on the lines. I have we have the property survey. I have aerials. I have the the site plan drawn on my like all these garages are tight.
Yeah, but they're not before us. >> The board can consider that, but those applications and those properties and you know this. They are not the subject matter before the board. You can use them as comparative but they are not >> Don't interrupt me.
>> Sorry. >> Pro they are they are probitative but not this positive evidence. I mean, I'm not trying to shoot you down here, but I mean, you're you're you're making some kind of you're making some uh, you know, kind of broad assertions
here. I mean, what what what can you do? Look, you need significant variances. Uh, you know, I'm not trying to present your application. You also need a D, you know, you need a D4. And while you need a D4, you don't need a Medici D4. or you
need a Coventry Square. You know, one of the things that's involved is, you know, can the property can the property accommodate the change the the use? I mean, you're already from the word go, you're starting with an encroachment. So, I mean, you've got some work to do
with that. There's no other way to say it. I mean, I'll m Mr. Cole is the planner. I mean, I'll defer to him, but I, you know, I thought I better express my concerns. >> I agree there's a lot of relief
required, but if the garage would comply, they would take care of the seas that I understand what you're saying. the the question is if the building's coming down and it's going to be a a doover, the the
question is why can't it comply to get rid of those C variances? I that's that and I understand I I guess the reason is it's going to take up 12 more feet of the backyard. I mean that's that that's >> I understand. And then the applicant has
has some thinking to do because again he there's nothing that prevent him right >> from keeping that garage and repairing it and then it would actually stay on their property. So again it the the we're trying to come up with some kind
of compromise that that helps everybody here. Um, so you know, the the only concern seemed like it would well the main concern was how is it going to be maintained? Pulling that in 3 ft would allow the applicant to maintain that
siding, whatever needs to be done, the siding, just a cleaning um on on both of those sides on the side and the rear. That three feet would would allow that um without losing too much of his backyard. And again, it being similar to
what you know, again, the when you're comparing, we're doing these zoning analysis, we're we're looking at, well, you know, are there other garages adjacent to this? Are there other detached garages in the neighborhood? If this was the only detached garage that was back there and and we're putting it
right on somebody's property line, it's like, well, this this doesn't this doesn't seem right. This doesn't belong. But there's literally five other garages surrounding this property. So >> I I think the three feet was is is
plenty. I mean again if you go you're allowed at five feet. You guys have another ordinance at five feet if it's a certain size square footage. Um again I I I I'm speaking out of line here but I have to ask the applicant you
know is is five feet the right number? Um, but I I think 12 complying with 12 and a half ft would be would would destroy a lot of his backyard and it it it doesn't make sense for him to do that. >> I also have to and I don't mean to be
pnicity, but I also take issue with the with the with the claim that you could leave this alone and not essentially nothing would happen because you know your neighbor has rights too. your neighbor has legal rights in terms of a
encroachment on their property. Um, I mean, I'm not trying to advise them as to what to do. That's not my job. But I think you may be being a little bit Well, I I think you need to consider that as well. I mean, this is a bigger
issue than that. It's a you know an encroachment is essentially almost like a taking and um you know you you know the the the you do not have an easement on the neighbor's property. You
don't have any legal rights on the neighbor's property. No sir, I don't want to get I'm happy to debate you on easements any day of the week. >> How do we know how do we know the longevity or the history of this if >> doesn't matter? Are you claiming this is an adverse possession? I doubt that. So >> why not?
>> Why not? If it's been 30 plus years, this this this garage is definitely older than 30 years old. >> In case you consult with a qualified attorney in connection with adverse possession and easements, which I don't think you >> we we didn't want to go that avenue,
which is why we were removing that part. We're not we're not we don't want to keep it on their property and and go the legal route. That's not that's not why we're here. We were here to try to come up with a solution that fixes some of these issues which is why we were removing that part from the beginning
and that's before the the neighbors even came forward. The applicants actually even willing >> well the neighbors came forward because they didn't feel that they were communicated with. I mean they got they got the notice which which you must do legally but ordinarily what happens in
these circumstances is that a neighbor will broach the subject with the additional with with the neighbor. I mean I I mean look I can argue the law with you all day long. I've done this for 40 years all over the state >> and uh I I I I know the adverse
possession law and I also understand how this works. So, um, you know, it's fine to come up with an argument like that, but you know, remember there's equitable considerations and other things that fall into place. If you want to try to just say that, you know, well, we're
entitled to this, that's not necessarily so. And that's not an argument that's really to be made before this board as a zoning or as as a zoning argument under the MLU. >> Uh, Mr. Chairman, would it make sense to take a a recess on this?
>> Certainly would, Mike. State Ted >> esteemed members. May I just make May may I just make a comment if that if that'd be okay? >> Yeah. Quickly. >> Yes. Sorry. Thank you. Um my only comment is um I I want to alleviate any
issues with the neighbors. I apologize to my neighbors that I did not approach. So I I'll take responsibility as the homeowner. Um my goal here is to give a space for my children to grow and play in. So, if I have to set the 12 foot of the garage to build this space, I'd lose
my backyard. I'd lose the grass that they can run on, play on their splash pads. So, that would change a lot of the way I approach everything, which I'd hope not to do. Um, my goal here is to help as uh and as um my architect, Joseph Pimeiano, had mentioned, I I want
to make it better. If we are over, I want to remediate that. I don't want to be on their property. I don't want any issues with their property. I don't want to be, you know, my my I like my space, right? I If you want me to close that from the fence with a back, I I'll do, you know what I mean? I can I can make lines to to set that with no problem.
I'm not I'm not here to take anything. I'm here to just give to my >> I understand. I just I just take issue with the way this is being framed. >> I I think what what I what we're trying to share is that and again, this will be my last point. What we're trying to share is that or what I'm trying to share is that I want a space for my kids
to be able to grow and play and have fun and have this be theirs. And I don't want to take from anybody and I'm this is why we're asking for a lot because I want to give them a lot, right? I'm trying to give them as much as I possibly can in the space I'm allotted. So I appreciate your time. >> I think it would be fruitful is to take
a Thank you. Thank you very much. Let's take myself yes. We don't care about that. >> You're trying to bully us and I don't appate it.
Can we talk to our neighbor? No, I understand. I'm not trying to take away my kids. I have three boys, right? So, they're gonna they're gonna >> Of course not.
Rotight. So the light is still which I saw yesterday and again I can't get back there. I can't >> I can't get back there. I try >> again.
I didn't I didn't know you guys did it. a little bit above that because storage space again. I want I want to be able to make the
space to be able to I don't want to Everybody like we call Uncle Brett. My kids call him Uncle Brett because we love You hate the shed? >> No, I don't I don't
The garage was there when I bought the house. Yeah. Right. So, >> yeah. I don't know. I mean, the building the structure that we're in is over. >> Yeah. >> Yeah. So, I don't know. I don't even know what my goal is to bring so that I can
not happen. So other half my kids over again trying to kind of mimic that kind of same structure. They had it as three cars were
third space. So, we're just even like for me, I work from home and I don't have space because we have four kids. We have three kids. >> Yeah.
>> So, yeah, I can't wait for that empty. But the idea is just that for me to work on that office and pushing So it doesn't overtall. Chris looked at it, but I didn't. But
the wall >> the wall that's right next to our yard thinks is the wall. >> Yeah. So, oh, no, no, no. >> See, the confusion is you're thinking about our house, but our lawn goes along the side as well. >> So, this this wall,
>> this wall is is 9 ft. So, that's that. >> This is the 20 ft here. >> Yes. >> This is my garden. Yeah, that's right. >> So on the Where is your >> That's the Is that the That's the side of it, right? >> Where is >> Where is your
>> Where is your garden on this? That's This is your house. This is >> This is the whole picture. >> Okay. So, the garden's back here. >> Okay. So, so we were turning right now. The the ridge runs this way. We were going to turn that and run the peak this
way. >> So, that's what you have in the drawings. That's the problem because that's where the That's where it's tallest. So the sunlight gets blocked going under. >> Okay. >> But if you if you did like this for half of the roof, that would solve the problem with the lighting and then just
push it back. >> A hip adding a little hip roof on on that side. Then we would we would pull it back and we do a slope on this side. >> Yeah, that's right. >> And we do a slope on that side. >> Slope similarly to it is now back and then just pull it back from the property.
>> Yeah, we throw that. We do that two, three feet. I'm okay with that. >> I think at least three. >> Three. Sure. >> But again, it's not going to be art. >> This guy's so >> What I would ask is if you can
>> go back up and you don't need to do that. >> No, but the symmetry of the building. >> Correct. We would do it on this side because otherwise it again would be a right number.
Like again, we want to show that we're being good neighbors because it's not just, you know, >> should you redraw it and just bring it back to them? >> We could we could and if you'd like to see and have input on that on that roof and you
>> So, why don't we do that? Let me let me pull this in off the property line. We'll give we'll do the hip roof on the edges so you get some sunlight coming in there and then we'll come back. I'll send it to you guys. give you your contact information and we'll send it to you guys some feedback and then we'll
come back. >> I can't tell you what he'll say if anything. >> Well, he's not here. >> He's in Florida. >> He's the one who gave the >> I just think I agreed to waste the land to do what had to do.
I'll get all that extra space. I'm trying to keep that for them to >> We are We Okay, Jason, we're back. Okay. Where are we? Uh so uh we had some
discussions uh obviously with the the neighbor um we're we're hearing some feedback from the neighbors. We're hearing some feedback and discussion from uh from the board. Um we would like to uh carry this meeting. Uh we are
going to get some input from the neighbors and update the plan, send it to them, get their input on it. Um and try to come back with something that uh appeases everybody. Great. Very good. Very good. I think that's very practical
and appropriate and considerate of your neighbors. >> Okay. >> Uh Okay. >> Do we have our account? U this this is more procedural than anything. I presume you will consent to
extending the time for consideration of the application so we don't have any concerns about an automatic approval. >> Correct. >> Very good. And um uh I don't know when our next you know how's our calendar, Mr. Secretary?
>> We've got the uh storage place on the 15th. >> We have a storage on the 15th. We have a storage in May. We have PSG in June. But we do there is an opportunity depending on um
how much Joe do you know how much time you're going to need for this? Do you think to months, >> six weeks? >> Oh, to do the updates. >> Yes. To to to to work to take consideration in >> a week, I'll I'll have the the changes
to them immediately. Yeah. If that helps, if that if that keeps the process moving to get us on a on a fresh meeting, if if they need more time, I if we get you drawings, I mean, a week or two for us to go back and forth. Is that >> So, if Yeah, two weeks.
>> Yeah. If you can send an email granting an extension for the board to act through it's April. We're saying by the end of May is that or should we be June? >> June. >> June. >> End of June. >> End of June. >> And as soon as you get the information in, we'll schedule it.
>> Oh, okay. Get this. Get this. >> We'll get an agenda. >> Right. What I'm saying is the time of the board to June. just just get an email to Ryan Bakey saying that you wave the time the board to act through the end of June June 30 of 2026.
>> Okay. >> And uh when we get the plans in, we'll schedule the hearing. It's about that simple. I'll do our revise the report based on what comes up and we'll schedule. If there's a problem with June, it takes more time, then we'll
just ask for additional extension if that's acceptable to the board. is >> yeah. >> Okay. >> Oh, yeah. Definitely. >> Very good. Well, let me just we'll just announce to the public that this uh we do we have a new date.
>> We don't have a date, but uh if it takes too long, you might have to read notice, but let's just see how this goes. What I'm saying if it's two weeks, the board will entertain, I'm sure, discuss whether you can hear without additional noticing. But if it's going to be four or five months, the board may require
additional noticing. But let's see how your plans go and on your side. You got it? >> Because we do have um public service coming back in June, >> right? >> We have we have some applications, but there's a couple of windows beginning of May. I know that we might not have a
full board in the beginning of May depending on uh but there is in the beginning of June. We we have some opportunities to hear this application in the next month or two. So I don't think the board schedule is going to be the holdup here. It's just
>> coordinating and getting your plans in. >> Okay. Thank you. >> All right. Thank you. >> Thank you again, Steam board. Appreciate your time. >> Doesn't have my address on it. >> No worries. >> Jason, who do we have?
>> Next up, we have discussion. Uh 12, Lisa Terrace, waiver for street tree. Uh this is an application that the board approved about three years ago for a patio a driveway extension.
Uh the applicant has done the work but the tree it was two trees put in. One was by the burrow which complies and another street tree which doesn't comply with the caliber. It's very very small. So the relief coming to the board is
does the board accept the tree that's small and uh the work was done the improvements were made and I I didn't get a chance to inspect it. So there's an affidavit but Cliff needs to read it's my understanding of an affidavit is
you have to give a notary seal. There's no seal in the affidav just saying >> it can't just be a certification. notice says that we did the work in accordance with what the board approved. So, this is coming up uh for one the trees and does the board accept an affidavit
should we get one stating that the the improvements were done as directed or approved by the board? This is the one where the patio in the back there was a driveway with they had the roof leaders that had to get the water to the street because we had a drainage problem in the
back. Um if the if it helps we can certainly bring the resolution and the plans to the boards to the board. I don't I I I was my understanding today is I thought you would have the resolution in front of you but I was I was told today that the resolution was
not given to the board. So you don't have it. So if the board would like to see the resolution and the plans, I can certainly get those to the board for next. We can discuss this the board likes with more information next meeting. It's just that he's saying he's
done and he's looking for closure. So that's why the letter was written. And I apologize. I didn't know the resolution wasn't given. I I thought the resolution of the approval so you guys could refresh the board members could refresh themselves with the affidata letter, but
I don't think I don't think the board was provided with the resolution. >> How's how's the tree doing? >> It it we'll know in about three weeks or a month when it leaves out. >> Yeah, if a tree is doing what a tree is supposed to do.
>> I saw the tree. It's it's winter time. So, I can't answer that. >> Well, we'll know soon. Yes. >> Let that be our guiding light as opposed to an affidavit. >> So we can uh if the board likes I can get the resolution, the approved plans and we can follow up at the next
meeting. >> It's it's only slowing the applicant up because he just wants to finalize it as his escrow back. But it's I don't think uh two week wait to look at the resolution and to see the tree buds and
what's going on there. >> Yeah. The applicant may also have to supplement its escrow. >> Right. Right. And that's another one. There's a deficient escrow. So, but and will Ryan Bake is addressing that. >> Yeah. But let's if the treerees growing, let's just get it cleaned up. >> Okay.
>> Yeah. >> So, I'll get the resolution to the board members and uh I'll see if I can get a reduced copy of the approved plans the board sold. So, you have just >> Okay. >> So, the question is Cole, what do we >> We looked at him. We We're so busy. What are we talking about here? Right. I get
it. I get it. >> They put a tree in that we did not approve. >> It's We did not approve for the size. It's 2 and a half or 3 in caliber. The tree out there is not three or two and a half inch caliber. It's much smaller tree.
>> Where'd they get it? Do we know? >> No. >> Trees. >> Yeah. Yeah. Trees are us. Yeah. But the is it is is it one of those list of accepted trees? >> I can't even tell you the species, Mr. O'Neal. I will the next meeting I will
have that information for you. >> Okay. And by time that by that time it'll be growing >> and as we find out as sumac we can decide what to do with it. >> Um yeah this is the application. There's a fence in the backyard surrounding the
property. I can't even >> I'm not going to walk in the guy's backyard to check it out. He said it's done. I had a conversation with Mr. Martinez and I said, "Put it in writing and ask the board, this is where you're what you you did and this is what you're the relief you're looking for." Uh, so
that's what you see the correspondence for. >> Okay. Okay. Is there any other business to come before the board? >> We're up to chairman's comments. >> The only thing I can think of is that
we've been meeting with the uh every th every Thursday with planning board members u Mike Colin Colin Driver uh Glendee and uh who else? Jason and we
talked about we just went through the uh the affordable housing thing that all 564 municipalities have been wrestling with. Uh last year I had asked the board to take a look at things going on in their neighborhood because we're getting ready to start working the revision to
the master plan and the zoning ordinance and um we can think of stuff like I talk about Davenport Street um how the uh well what used to be called the
America's first urban renewal project the Samuel Davenport Samuel Davenport plots that went from High Street down to probably uh Orchard Mr. Davenport owned all that land. And
one day he decided to divest himself of it. So he subdivided all that property, all of those properties. And he had a lottery. It was called lottery field. And for 25 bucks, you get a you get a ticket. And the very first
winner got not only a lot, but he got Samuel Davenport's house. But all these all of those are lots. So, anything they want to do, they got to come before us because for I know like
where my church is in an R2 zone, it's supposed to be 50 feet wide. You got three houses total 93 feet where 150 is required. So, anything they want to do, they've got to come before us. And in so
many cases, the cost of the procedure of coming before us costs more than a project. >> So, we're trying to take a look at that and say, you know, if you only have 35 ft, like one of my neighbors as one has 35, the other has
28 and uh they want to put a deck up. They're going to come before us and that's going to cost more than than the the project. So, we took uh we talked a lot at that and we're going to take a look at other things that are just pre-existing conditions
like what we have here. This one is exactly that. >> Yeah, this one is my neighborhood and this is exactly the problem that I have where if I'm going to expand, I got a non my lot's a little different, but uh you know,
basically you see it all over town where somebody's the property line is is five feet they're off five feet off the property line or >> garage is Yeah, the garage is on the property line or just about there. That's that's all over town.
>> And that we just I was telling somebody that many years ago I could stand in my backyard, touch my garage and my neighbors and one night the kids or one afternoon the kids decided let's play
with fire >> and they they broke their grandmother's house grandmother's uh >> garage down and went to mine and jumped to another one. three in one shot because they were so close. >> Wow. >> I mean, so the way it's the way things
are now, it almost disincentivizes >> Yeah. >> improvements. >> Exactly. >> That could >> benefit the benefit the whole community. >> Couple things my wife and I want to do on our place. We got to It's We've got to get variances.
>> You got to know somebody. >> Yeah. Do you know anyone? >> I was talking to somebody. They want to the the front porch top and they're on a corner the front or the side and they said can't do they they went to AI and
described what they want to do using the guidelines of of our master plan and zoning ordinance AI kept coming back no can do >> on a positive note the fair share plan the burrow's been certified >> all right
>> so great it's resolved certified so the affordable housing plan is >> nice. >> Finally finished. Well, as finished you can get for now. >> And the other one is the U South Bridge
Street uh where they're going to change two apartments into four. I guess that project's just about dead. >> They're going to come back to the board. the new buyer >> uh said I she just came in the burough
hall about two weeks ago and saying that she's almost ready for a new submitt. So the board remembers this is the pimary approval um and the board wants them to come back with finalized plan. This is the one where the building maybe had to come
down. It was this is the holes and all that. So, uh, they're going to come back for final approvals based on my understanding probably within the next couple of months >> to get that project moving. >> I hope they can put some uh one or two
of the apartments for veterans homelessness with veterans is bad. It's really bad. >> Okay. Anything else to come before the board? Someone like to move for a journment.
>> So move. >> Second. >> Second. All in favor? >> I >> opposed. It's scary. >> Good evening.