No new uh applications or testimony will be heard after 9:30 p.m. and we will adjourn at 10 p.m. sharp. Also, formal action may or may not be taken tonight on the applications being heard here.
Advocate notice of this meeting was provided in the New Jersey Herald. It was also posted on the Sparta Township website and its bulletin board in accordance with all provisions of the open public meetings act. It's the practice of this board to salute the flag. Please rise and join
us. I pledge allegiance to the flag, United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
>> Marissa, please call the role. >> Richard Larua, >> here. >> Richard Roacher, >> here. Jennifer Baha >> here. >> Chairman Kenneth Larry >> here. >> Ryan Manowski >> here. >> Isabella Ardisone >> here. >> Lewis Karp
>> here. >> We have one resolution to be memorialized. Application 16-25 Sparta Main Street LLC for a devariance approval. >> Can I have a motion?
>> So moved. >> Second, please. >> Second. >> Any discussion? Marissa, please call the role. >> Richard Larufa, >> yes. >> Richard Robacker, >> yes. >> Chairman Kenneth Larry, >> yes. >> Ryan Manowski,
>> yes. >> And also, Marissa, can you forward the memorialized resolution to Roxanne so she can distributed to the mayor, deputy mayor, and the council? >> Sure. >> Thank you. We also have minutes from January 14, 2026 to be approved. So
move. >> Second, please. >> Second. >> Any discussion? >> Marissa, please call the role. >> Reggie Lariffa, >> yes. >> Richard Roger, >> yes. >> Chairman Kenneth Larry, >> yes. Applications to be heard tonight are the
following. Application 14-25, Pat McGuran for C variance approval. Application 1-26, Brian Padmia for C variance approval. They were both carried with no additional notice from our April 22nd,
2026. Uh oh, what meeting was that? Marissa is the last one was in March. They were carried from what was the date? >> March March 11th. >> March 11th, 2026. They were both carried from that meeting. We also have extension of time for applications 6-24
and 7-24. Jason Golder. After the applications are heard, I'll open the meeting to the public for any items or questions they may have that are not on the agenda tonight. There's a change in the format for the applications to be heard. We will heard
uh hear the extension of time applications first with attorney Beckendorf. Please come forward. And for the other two applicants, this should only take a few minutes. Good evening, ladies and gentlemen. Uh Daniel Bankorf from the law firm of Aaskin and Hooker here representing
Jason Golder who was the applicant. He also helped uh with his parents' application when both applications were brought before the board. Um, the reason we're asking for the extension this evening, uh, is because, if you may remember, my client had hired a contractor to do some work on his
property, included some pool renovations, some other home renovations, also some work on his parents' property. I was moving some PA patios, uh, related to their driveway. Um, the contractor started the work,
took some money of my clients, and then disappeared. And my client didn't know that he needed the variances uh for the work that was being done. And when he was alerted to that, uh he immediately came before the board. Uh he received
the variance relief by way of his own application uh prosay. Um and then since that time, he's been saving up money because he had spent money to do work that never got completed. Uh saving up his money. Um, additionally, uh, it's
been difficult to find a contractor that he could trust, rightfully so. Um, and so now he's found a contractor. Um, but within the last 6 months, he had a baby girl and obviously, uh, he was, you know, more focused on that than he was on getting extension for his application
for the variance relief that he sought. Um, he has a contractor. I have spoken with the contractor. uh contractors S uh STS uh contracting and uh he anticipates starting the project within the next month and he will be completed by October. Uh so per the extension request
I've asked for a year but I doubt we're even going to need it. >> Anything you like to add Mr. Golder or not? >> No. Okay, good. Any questions from the board? >> The board will entertain a motion extending the uh time. I'll move the
approval of the extensions for applications 0624 and 0724. >> Second, please. >> Second for both applications. >> Marissa, please call the role. >> Richard Larua, >> yes. >> Richard Robacker, >> yes. >> Jennifer Panaha,
>> yes. >> Chairman Kenneth Larry, >> yes. >> Ryan Manowski, >> yes. >> Isabella Artisone, >> yes. >> Okay, good luck. >> Thank you very much, ladies and gentlemen. Have a good evening. You're welcome. Right. The application 14-25. Pat McCuran,
please come forward. Louis, >> would you like to swear in, please? >> Do you swear affirm that the testimony that you're about to give in this matter shall be the truth under penalties of perjury? >> I do. >> Please state your name, spell your name, and provide us with your address.
>> Pat McGarin, P A T M C Gu R R I N, 10 Summit Terrace, Spartan, New Jersey. >> Thank you. Please. >> Thank you, Pat. After you give your testimony, our board planner will go over his report and then the board members have questions and comments will
go next and I'll open the hearing to the public >> and speak clearly and directly into that microphone since it's a state requirement. We have a recording of all proceedings. >> And how can we help you? >> Yes, sir. Thanks for having me. >> You're welcome. >> So, I'm here tonight requesting a
variance for my deck. Um, we're going to need it to be 6.75 ft from the property line. That is the only thing that is requiring a variance. We're significantly under on everything else. Total yard setback, impervious coverage.
Um, the reason that we need the variance, the house is a skew on the lot. I'd like to point out that we did go through the Lake Mohawk hearing. Uh Sabine Watson, the the engineer for Lake Mohawk, said that there was no detriment to public good as it was not visible
from the street. And she said that the addition does not impair the intent or purpose of the zoning ordinance. So, I would also like to point out we're kind of a a unique lot. We're on Summit Terrace. The backyard of my house and
Summit Terrace, it drops down significantly. So the the houses behind us wouldn't be able to see it. They're at a significantly lower elevation. The way that the foliage and the landscaping is the neighbor to the right would not be able to see it and the neighbor from
the left would have to go all the way to the end of their property and kind of stick their neck out. We're very tight with all the neighbors and they said that they had no issues as long as we invited them to a barbecue, which we agreed to. And I I think that's all I have. Um, I do have some pictures if anybody wanted
to see what the the yard looks like and how wooded the lot is. >> He can. >> Would it be okay if I >> He could mark them like this. Yeah. >> Yes. >> Thank you. >> Does that have one copy or multiple copies? Okay.
>> Going to mark the picture there. Four photographs. We'll mark them A1, A2, A3, and A4. which I'm doing. I apologize. >> We're going to pass them so everyone can look at it. Uh >> thank you. >> When did you take those photographs? >> Those were today.
>> And uh they're true depiction of the uh the condition of the premises and the location. >> Yes, sir. >> Thank you. You guys can come to the barbecue if you'd like to. >> Don't try to influence me. >> I'm sorry.
Take these back. Where's some file? What you want to do? >> Just All right, David, if you could give >> Go ahead. >> I was just say getting back to Marissa when you finished. Thank you.
>> You could give your report, please. >> Sure, Mr. Chairman. uh referring to the report that I prepared dated February 25th, 2026. Uh just to recap for the board for the record, the applicants proposing to install a deck on the northwest rear of the home. The deck will extend
approximately 22 feet from the rear of the dwelling and it'll be about 32 feet wide. And the subject property is located in the R3 zone and has frontage on Summit Terrace. The rest of that page describes in the top of page two the documents that I was furnished and that
I reviewed. Uh with regards to zoning, I agree with the applicant. The only variance I detected was the sideyard setback on the left side. 12 ft minimum required 6.75 ft provided. Uh based on my site inspection, uh I noted that
there is an existing HVAC unit in the rear of the dwelling that's not shown on the plan. It's located in the area of the proposed deck. The applicant will have to relocate that. >> Yes, sir. >> And with regards to utilities, uh, I checked out the information that was
submitted with regards to the water service, the septic system, and the electric service to the house, and I did not find any conflict with the proposed deck and those existing utilities. With regards to storm drainage, uh the area of the proposed deck is 704 square feet,
which is greater than the 500 square feet allowed in the ordinance. However, I believe, and the applicant can confirm this if he would, uh the spacing between the deck, there'll be gaps. Uh so, as a result, the rain water would go through those gaps and there's nothing proposed
to be finished underneath the deck. So, storm mitigation would not be required. >> That is correct. Uh with regards to the architectural plans, he'll have to get the permit from the township construction official. Uh there was no EIS submitted, but I didn't
see any need for it based on what I observed in the field. And the other only condition other that I would recommend is that an asbuilt plan by the applicants land surveyor be furnished if the board approves the application just to confirm the dimensions that you may
consider for variance. That's my report. >> Thank you, David. Marissa, could you call on the board members, please, for their comments and questions? >> Richard Larufa. >> Dave, I just have one question. The the survey plan that was submitted, the R
RHJ survey, shows the corner of the deck, proposed deck being 7.2 7 feet 2 in from the uh or 7.2 feet from the edge of the property line. And that 7.2 2
plus 6.75 comes out to over almost 14 ft variance. >> I believe on another application part of the package that's where I got the 6.75 ft. >> Yeah, that's his application says 6.75 ft. >> That's what I took. >> But I just want to get the number the
numbers right. >> Is the deck is the deck going to be 7.2 ft from the sideyard property line? So I I think the confusion there is when I had initially submitted the application, I'm a contractor by trade. So I had done the drawings myself and I had used a
scale ruler and I came up with 6.75. The the town wanted it stamped which we did and you have and they came up with the 7 whatever. So I guess it's a little bit better than we thought. >> Yeah. I just want to get the num the numbers right. So >> and that's fine. Again I took the worst
case scenario. So if he does, if the board granted it at the 7 point some odd feet and it actually ended up with the 6.75, I didn't want him to have to come back. >> So which one are we going to use, David? The 6.75. >> 6.75, please.
>> I would suggest that just to be on the safe. >> That's what my scale ruler came up with and I just wanted to be honest with what I was seeing. >> Okay, that's fine. >> All right. Thank you. >> That doesn't question. Thank you. >> Thank you. >> Richard Roarbecker, >> no questions. Jennifer Fern, >> no questions.
>> Chairman Kenneth Larry, >> uh, just one, the deck will not be enclosed or lighted, correct? >> I think I would put lighting on the post, but it will not be enclosed or right. >> So, you'll be open to that condition. >> Yes, sir. >> Okay. Thank you,
>> Brian Mowski. >> No questions. >> Is Zabella Ardone? >> No questions. I'll now open it to the public. If anyone's in the public has any comments or questions on this application, please come forward. See no one in the public. Hearing is
back to the board. Any other questions or comments? All right. The chair makes a motion to have our board attorney prepare resolution approving application 14-25, block 49, lot 20 for Pat McCuran to
install a deck with a left side yard variance of 5.25 ft with the following conditions. The deck not to be enclosed or lighted. The applicant will adhere to all points
in our board engineers report. also to provide an asbill plan of the site which would be prepared by licensed New Jersey land surveyor upon completion of the project according to all plans
and testimony given here tonight. Do I have a second? >> Second. >> Again, just a quick comment. You said a variance of 4.5 is it 5 >> 5.5 5. That's the difference. That's the difference, Richard, of the uh
>> No, it's not. If it's six If it's 6.75 in order to get to 12, you need four point. >> Yes, sir. My >> my measurement shows that we're 6.75. You're right. Correct. >> Correct. Uh David, >> you're using confirms if I'm if I'm wrong, but >> you want to get the numbers. Fine.
>> Okay. Fine. >> You know, I do it a little different than our vice chairman, as you know. >> So, >> okay. Thank you. >> Marissa, please call the role. >> Richard Laam. Yes, >> Richard Robacker. >> Yes, >> Jennifer Fel. >> Yes,
>> Chairman Kenneth Larry. >> Yes, >> Primowski. >> Isabella Ardis. >> Yes. >> Thank you. And M. Mccur, would you like to wave your right to a written resolution? >> I think so. I don't need anything in writing.
>> You wave your right to a written resolution. >> Yes, sir. Chair, >> I'll entertain a motion. >> Uh, so move. >> Second, please. Second. >> Marissa, please call the role. >> Richard Larupa, >> yes. >> Richard Robecker, >> yes. >> Jennifer Panaha, >> yes.
>> Chairman Kenneth Larry, >> yes. >> Brian Mowski, >> yes. >> Isabella Artisone, >> yes. >> All right. Thank you. Good luck, Mr. Mccur. >> Mr. Mccur, just to explain to you, just so you understand, we're still going to do a resolution. It's going to be adopted at the next meeting or second meeting down the road. What they've done
is is they're allowing you to go forward at your own risk um so that you can start the project. I assume to have it by uh by summertime to enjoy it for the season. >> And understand, I appreciate it. >> Okay. All right. Good luck. >> Have a nice night. >> You're welcome.
>> The next application 1-26, Brian Padmia for C variance relief, please come forward. And before we start, one of our board members will have to recuse herself. Isabella, if you'd like to make that announcement, please. I'm recusing myself from this application.
>> Thank you. >> Mr. Padet, after you complete your testimony, our board planner will give his report. Then I'll come back to this board for the members who have questions and comments. And then I'll open it to the public. And please speak clearly and directly into the microphone as it's a state
requirement to have recordings of all proceedings. >> And I guess Lewis, you can do your >> Are you both going to be providing testimony? >> Uh, yes. I'm I'm Brian and this is my wife, Melissa. >> All right. So, we'll swear you both in at the same time. >> Yes. >> Do you swear or affirm that testimony that you're about to give in this matter shall be the truth under penalties of
perjury? >> I do. >> Yes. >> All right. Please state your name, spell your name, and provide us with your address. >> Uh, my name is Brian Padmia. Uh B first name Brian B R I A N last name Padmia P A T A M I A uh 210 Glenn Road, Spartan,
New Jersey 07871. >> Melissa Padmia, M E L I S A P A T A M I A 210 Glen Road, Sparta, New Jersey. >> Thank you. >> Thank you. How can we help you? Um we are here today um looking to see about
getting approval uh to build a uh second uh level addition on our house. Um looking to get I guess a C variance for setback um from where our house uh sits. Um so in um
uh as you know um in 2018 I brought the house um I met my wife in 2021. Um we ended up getting married in 2023. We had our first daughter uh Sienna in 2024 and then we followed up this past December with uh Emiline um who's now four months
old. So um right now currently I have a uh onele ranch. Uh it's two bedrooms, one bath. Um looking to see about moving the two bedrooms up to the second level with adding a office. Uh my work is hybrid. Um, right now currently when I
work from home, I got to set up in the dining room and it's kind of hard with a two almost two-year-old and and a young one there. Um, and we also want to add a second bathroom, like I said, and add some more closet space. We want to add a closet and then a small linen uh closet in the
hallway. And I did get um uh I did do the paperwork with the Sussex County Department of Health regarding the septic. Um they gave back the approval with the recommendations of that the house needs to remain uh two bedrooms and I need to keep a contract on the
septic. In our addition, we're looking to be um it's going to be 869 square ft. Um in terms of impervious coverage, um we're using the existing uh uh I guess foundation of the house. So, we're not expanding outwards or
anything. Um and we're only going over to where uh the chimney is, the current chimney is. So, they're going to extend that. And the uh in terms of the utilities, the utilities are on the other side of the house by the garage, so they're not in conflict. and you have any other testimony or
pictures or drawings or anything else that you'd like to provide? >> Um, I do have pictures of the house from when I I purchased it to where it currently is. If you guys would like to see that, >> I think we would. Thank you. You could give them to our attorney, please. Sure.
multiple copies of >> Okay, sure. I'll pass them around. Uh what we're going to do is it it's two pages with a total of five pictures because it's stable together. We'll just mark it A1. Uh and
just please hand Mr. Simmons a copy. Marissa. And I also Oh, I'm sorry. >> Yeah. Uh when these photos were taken in 2018. Well, >> uh 2018 when I first purchased the house and then the current one was I believe it was in February. I took it right
before uh right before the March meeting >> and that's why there's still some snow on there. >> I didn't think they were taken today. I hope they weren't taken today. Um, and the the pictures from 2018 accurately uh depict the house as it existed in 2018. >> Correct. That was when I when I
purchased the house. >> And the 2026 pictures uh accurately depict the house today. >> Correct. >> Um hasn't changed at all since you took them in March. >> Correct. And yeah, I just want to note too that you guys will see the sidewalk there. I did get a variance uh approval for that back in 2020, which you guys
should have a copy of. >> Yes. October 28th, 2020. Yes. Yeah. I was on Zoom during co Okay. Any other uh testimony >> to be given? >> Sorry. Um just on a personal note, um
you know, having this addition, you know, we have two daughters. It was pretty quick in succession. Um, but I know that in the future I'm going to have two teenage girls. Um, the current bathroom that we have, only one of us
can currently bathe our daughter in the tub. It's that small. Um, and I just know we're we're definitely in need of that um extra space um you know, and just the bathroom especially um at this point. And um just on a personal note,
you know, Sparta, we really, really, truly do want to stay in Sparta um if we can help it. My parents are 13 minutes away. I grew up in Oakidge. Um I attended Pope John, so um I'm also an elementary school teacher, so I know the
importance of a good education. and if my daughters will be able to attend, you know, the the school system. And I just signed my 2-year-old up for giggle time at the library. Um, you know, a lot of towns do not offer that. And that's also
part of our, you know, our thought process as well. Just whatever we can possibly do to give these opportunities to our daughters. Um, and also have more space so that they're not on top of each other one day, you know. Um, you know,
that's just that's really important to us. >> Yeah. We're also, you know, we're just trying to uh like make our forever home. That's what we're trying to do in the end. >> All right. Thank you both. >> David, could you please give your report? >> Certainly, Mr. Chairman. Uh, for the
record referring to the report I prepared dated February 17, 2026. The applicants proposing to make modifications to the existing dwelling on the subject property. Modifications, as they indicated, will generally include adding a second story addition
to relocate the two existing bedrooms from the first floor to the second floor and adding a second bathroom on the second floor. Uh, the property is located in the R2 zone and has frontage on Glenn Road, which is also County Route 620 and under Rock Road. And based
on a review of the plans and an inspection I did in the field, uh the bottom of page one and the top of page two list the various documents that I was furnished to review the application. With regards to the zoning, as they indicated, uh there's a 50- foot front
yard setback required. The existing and proposed is 24.5 ft and the right yard setback 15t minimum is required. 12.83 feet is existing. the need to variance. Uh the lot width at the building setback
is 97.11 feet where 100 feet is required. That's an existing condition. It's not caused by the proposed application. By the same token, the lot area 25,000 square feet minimum is required. The existing lot is 11,761
square feet. Again, undersized but not caused by the proposed uh expansion of the building. and the impervious coverage 15% maximum is allowed. They are at 18.29% which needs a variance but again they're going straight up. They're not basically
expanding the footprint as the applicant just noted. U I do know with regards to the septic system plan uh on that document prepared by Keryagi Keryaga Engineering they show a quote unquote future addition in the rear of the
existing home. the applicant to confirm that the future addition is no longer planned. >> Yes, we are not planning to do that. >> Okay. With regards to the utilities uh water and septic system, uh they're not in conflict with the proposed plan and
they're not proposing to add any additional bedrooms. As they indicated, they've got the approval of the county health department for the septic, but it's limited to the two bedrooms and maintaining the contract for the servicing of the septic system. Uh with regards to storm drainage, uh if you're
over 500 square feet increase of impervious surface, you have to provide mitigation. But I note the plan show the proposed second story addition being constructed as they indicated over the existing building footprint. The net result is no additional impervious impervious cover being added. Therefore,
storm water mitigation is not required. Uh, one note under architectural plans, the proposed second floor plan shows two proposed bedrooms and an office. I recommend the applicant confirm for the record the office will not be used in an additional bedroom in the future. >> That's correct. It's going to stay an
office. >> Okay. Uh, an EIS environmental impact statement wasn't furnished, but based on my observations in the field, in my opinion, it's not necessary. They will have to get approval from the Sparta Township construction official the necessary building permits. And similar
to the last application, I recommend if the board grants approval that they provide an asbuilt plan by their licensed New Jersey land surveyor upon completion of the project to confirm the limits of all the expansion and that it meets all the requirements of any approval and variances that the board
might grant. And that's my report. Mr. Chair, >> thank you. David had just one question on the existing non-conforming variances. So you're saying the right side setback and the impervious coverage they actually need the variances or that's that's already existing too. That
that's already existing. I would defer to Mr. Karp. Uh sometimes uh I've seen the board grant variances just to preserve those type of existing conditions so that god forbid if there was a fire and the building was destroyed they would have pre pre
disaster approval if you will. >> I agree. So just those two or all the other ones too, David? You >> I would I would suggest all of them. >> All of them. Yes. Just to be complete. >> All right. Thank you. >> Marissa, if you could call on the board
members for their questions and comments, please. >> Richard Larupa, >> no questions. >> Richard Robacker, >> no questions. >> Jennifer Paha, >> no questions. >> Chairman Kenneth Larry, >> just one for the addition. What would be uh it'll be the same as the primary
house with it looks like siding or wood siding that you have? >> Yeah, we're planning to keep just to match the existing siding if we can. >> Okay. And then you'll be open to the condition that the second floor bedrooms will not be used as an office
in the future. >> Vice versa or vice versa. >> That's that's correct. Correct. Yes. All right. Thank you. >> Yes. >> Thank you, Marissa. Ryan Manowski. >> Um,
just one question if I may. Um, if you were to try to uh increase the number of bedrooms in your home later by I presume increasing or changing your septic system, would you be able to do that? >> Um, speaking with uh Keriaga, um, we
would need to increase to make it the septic capable to have a three-bedroom, we would need to increase the leech field. and I physically do not have the property to do that. So, there's no way I can increase it to a three-bedroom house. >> Was trying to see I just wanted to make
sure you weren't locked in in case you wanted to expand later. That was the point of my question, but okay. >> Yeah, we knew coming into this that that if we wanted to proceed with the addition that it would need to remain a two-bedroom house, and we're okay with it. Um I'm one of three. I have a twin
brother. Um, we're 2 minutes apart and him and I shared a room that's even smaller than the one we want to put the girls in for 20some years. So, it's not going to be an issue. >> That's that's it on the board. All right. I'll now open the hearing to the public. If
anyone's in the public have any questions or comments, please come forward. So you're no one in the public. The hearing is now back to the board. All right. The chair will entertain a motion approving the application. Whoever wants to take a shot at it, I
will guide them through the process. >> No, we're going to let you do >> Thank you, Richard. The chair makes a motion to have our board attorney prepare a resolution approving application 1-26 block
350004 lot 5 for Brian Padam Amia to make and modify existing home to include a second story addition with the following
non-conforming exist existing variances and conditions Yes, existing conditions. >> Thank you, Le and David, if you can please confirm these if I am wrong on any of them. The
front yard setback would be where would it go now? 24 1/2 ft. The right side setback 2.17 ft. Lot width at building set back 2.89 ft.
Lot area 13 299 square ft >> and the impervious coverage 3.29%. >> Mr. Chairman, I just have a couple different numbers. >> Okay. Uh, but a lot area. I believe the
way you do it, uh, the variance is 13,2 >> 13,000. You're right. >> 239. >> Yeah. >> And I believe up on top the 50 minus the 24.5 should be 25.5. >> You're right. >> Thank you.
>> No problem. And then with the following conditions, adherence to all points in our board engineers report and to provide an asbuilt plan of the site being prepared by a licensed New Jersey land surveyor upon completion of the project according
to all testimony and plans given here tonight. >> Mr. Chairman, do you want to add that this the office cannot be used as a bedroom? >> Yes. Okay, I'll entertain a second on that.
>> Second. >> Any discussion? Marissa, please call the role. >> Richard Larupa, >> yes. >> Richard Robacker, >> yes. >> Jennifer Bernah, >> yes. >> Chairman Kenneth Larry, >> yes. >> Ryanowski,
>> yes. >> Congratulations. Your C variance has been approved. And would you like to wave your right to the written resolution? >> Um, what is that exactly? Can I ask >> Louis, our board attorney can go over that? >> What that means is that you could get
started before the resolution is adopted by the board. Uh, but you'd be starting at your own risk if something they don't approve the resolution or something and you do work then you would might have to uh remove the work that you've done. >> Uh, we can wait. >> Motion please.
>> So move. >> Second. >> Second. Any discussion? Marissa, please call the role. >> Richard Roback, excuse me. Richard Laruab, >> yes. >> Richard Robacker, >> yes. >> Jennifer Bernah, >> yes. >> Chairman Kenneth Larry,
>> yes. >> Manowski, >> yes. >> Congratulations and good luck. >> Just Just so you understand, you could start moving forward. You don't have to, but you can start moving forward. You may want to start putting in your application, your plan. can apply to the to the building uh okay
>> department for your building permits even before the board approves its plan. >> Okay, sounds good. Thank you. >> Thank you, Louisis. My pleasure. Anyone in the public like to come forward any questions or comments on items that were not on the agenda tonight? Please
come forward and give your name and address to the secretary. >> Barbara Aida, 94 West Shore Trail. Hi. >> She have to She doesn't have to be sworn in. Right. Okay. Go ahead, Barbara.
>> I just I have a problem um at my house and I went to the code enforcer for help and he suggested I come before you uh with it to see if there's anything that you could do or um advice you could
give. So, a quick backstory. I I bought my house 7 years ago. It's a little lakefront crane cottage on Lake Mohawk. Um, I had plans to retire there after 30 years as a certified landscape designer.
Um, I opened up a little home office after I retired to do some landscape design on my own. And I had dreams of spending my retirement in my backyard growing flowers and being in the garden.
Um, I love having my windows open for the lake breezes and um, that all ended last year when my neighbor installed a swimming pool. Um, the pool equipment was located just
15 ft from my office window. So now it's very loud. It's I had to close all my windows. With my windows closed, I still hear the drone in my living room. I can't cannot work in my office
anymore. It's it it's just too loud. Um I can't sit on my deck and I can't work in my garden. It's just the quality of my life has really changed. >> Excuse me, Barbara. Do you know if he
was issued a permit when he did that? Yes. >> Yes. It was all permitted. >> So, >> so he never came before the zoning board or planning board as >> No, it's not a variance or anything. >> No variance or anything. >> It's 15 ft from the filter is 15. The
pump is 15 ft from my office window. Um the the thing now with swimming pools, there's new swimming pools now. They're called cocktail pools. They can be as small as 8 by 10, but they still and so they are fitting
in these small little backyards. These that would normally never have a swimming pool, but they still need pool equipment. They still need a pump and a filter and a heater. So, they're small lots to begin with. So,
the setback for accessory structures is help me with this. Dave, is it 10 ft in the R3 zone? Um, and so that you could put a shed. In other words, you could put a shed on your property 10 ft off the property
line. You can put um, you know, other accessory structures, play equipment, and so on. But the thing about pool equipment is it makes noise and
there's no way there's nothing in the zoning code that protects adjoining properties from that noise. And my question well I'll get to that. So, um I did do a
decibel test because I have my handy Apple Watch and um sitting in my living room, uh normally without the pool equipment on, it's 30 dB.
And in my garden and on my deck, it's 68 dB, which is only 2 dB below 70, which is the um point at which prolonged uh exposure
does do permanent damage to your hearing. Um, mind you, this pool equipment's brand new and as pool equipment ages, it gets noisier and noisier as the vibrations start to, you know, the
equipment loses loosens up. Um, so I went to my neighbor. I offered I offered to um It's so bad I I offered to spend $7,000 to move her pool
equipment to the other side of the house where there's just a parking lot on the other side. We wouldn't disturb anyone. Um she said no. She said because the zoning board approved it where it is and that's where it's going to stay.
>> So she did become before a zoning board. is saying, >> "Well, she got permits." >> Permit. Yeah. But she was never before this board. >> I don't know where she went. She was um she had a big remodel uh big big um it was a little crane cottage and she put
additions on it, swimming pool and um and everything. So, she did she got all the permits, but um it's a permitted it's permitted. It's within code. It's just that >> um >> you know, Barbara, I'm surprised the
zoning off enforcement officer said to come here because all we can do is decide on interpretations and variances. And Lewis, if you can confirm and maybe address the situation of what's going on there because I'm just surprised he said for her to come here.
>> Yeah, I I am too. Uh what you have is a situation. We're just a board to make a decision that if an application is presented before us to decide whether it's approved or it's not approved to hear the testimony from the applicants to hear any testimony from the public as to
whether it's appropriate or not. Um we can't we have no enforcement authority once we approve it. It's up to the building department and the co code enforcement officers uh to site a situation which doesn't meet the code.
The only thing that this board can possibly do is to make a recommendation for a uh a change in the zoning ordinance. >> I'm asking Yes, that's exactly what I'm asking. I' I spent my career designing hundreds of swimming pools, locating
pool equipment so it doesn't um so it looks pretty. You know, I'm hiding pool equipment all the time. I'm loing it where it won't bother neighbors, where it won't bother the people sitting around the swimming pools. Um, and there is I couldn't find
any code in any other town that had said anything about it either. And I don't know if it's possible that it could be um changed. There is the possibility and I got a quote from a contractor to build a soundproof fence
um which would both hide the equipment from view from me and cuz she can't see it from her house and it's pointed at mine. So, um it's a solid fence with masked vinyl, um
a roll of mass vinyl, uh in it that absorbs sound. And it's going to cost me $2,500 to build this fence to help soundproof my house. Um, I might need a variance for
it because in order for it to work, it's going to have to be at least six, if not 8 feet tall. >> Yeah, six feet is the >> It's 6 feet, but it's lakefront property. >> It's only 4T. >> It's only 4T, right? >> So, I'm up a creek without a paddle
without a variance on this. Um, it only works if it's right next to the source of the noise. So, I can't put it on my property line. Um, so
>> have you checked the light mhawk ordinances? Is there anything? >> No. >> No, there is nothing. Um, just I don't know if it's possible that for you guys to consider that pool
equipment is different than a shed that it impacts the quality of life for the adjoining properties and and you look that up. You you Google noise from pool equipment and it's it's a common problem and usually neighbors
work it out. But um I mean I can work it out. I will need a variance and it'll cost me thousands of dollars. But if there's some way that when you approve a pool equipment in these close quarters, these houses that are so close together
that that that person is responsible for the sound abatement on that. >> You know, Barbara, we're in the process of making a new master plan for the town and going over zones and ordinances, etc. So, if you're so kind to send these
notes to our board secretary, Marissa, we can potentially cover that because I'm on that committee. >> Okay. >> And I would definitely bring it up at the next meeting to somehow incorporate this into the new master plan so we don't have a problem. It's unfortunate that it's affecting you now at this
time. >> Barbara, your problem is not that unique because a lot of the problems we have with that is has to do with emergency generators. >> Exactly. They do have noise. They do have noise requirements for them. They do have
>> uh noise reduction containment for them. >> But again, it's it's a problem that that's been brought to the townships before, but more with emergency generators than pool equipment. Yeah. >> The difference is I have a I have a standby generator, too. My generator
comes on 10 minutes once a week. This pool equipment starts at 10:00 in the morning and it goes to 8:00 at night for 7 months. Those months of the year where I want to enjoy my deck. I want to
open my windows. It's different. It's it's not a small amount of time. It's constant. And it's constant during those times when you really want to enjoy your property. So, um, keep that in mind when
you >> Yeah, definitely, Barbara. Let's see what we can do. >> Thank you. Thank you very much. >> Thank you for bringing it to, uh, our attention. We appreciate it, >> Barbara. Thank you for bringing it to our attention. Also, I just wanted to mention that there is a, uh, noise and nuisance statute in in the town. Uh, and
it makes reference to decibb and distances, so you might want to check it out. >> Okay. Thank you. I know it's I think it's a little bit just below it. It's about the same as having a refrigerator running >> next to your desk in your office. So,
um, >> not terrible, but it's hard to live with. >> Thank you, Barbara. Sir, do you have any questions or comments? >> All right. Well, thank you for for attending. Board will entertain a motion to adjurnn.
>> So move. >> Second. I'll second. >> All those in favor? >> I. >> All right. Thank you all. >> So, hopefully we had a good time. >> Yeah. >> There are meet