e evening everyone it is March 19th 2024 the time is now 6:07 this is the township of Springfield Board of adjustment meeting um adequate notice has been given in accordance with the Sunshine Law notice was published on December 13th in the Star Ledger one of the official newspapers for the township of Springfield for the year 2023 and posted in the Annex Building on December 14th 2023 can we please stand to salute the flag I pledge allegiance may we please have the roll call Mr Steven Hawkin here Mr Michael WX here Mr St B Mr Raj a sahada Miss Mara naporano Miss Anika doson Vice chair Mark Cunningham here and chairman chairwoman Jody here we have a quorum I almost said motion passes but wrong excellent um okay first order of business are the resolutions for memorialization we have one for this evening it's application 2023 I feel like I am so so loud in this thing right uh application 20231 266 Mars Avenue LLC lock 206 Lot 10 the property location 266 268 Mars Avenue for amended site plan approval have the board members have an opportunity to review the resolution are there any questions or comments from the board if there are none is there a motion to approve I will move to approve I'll second chair Jody Cohen yes Mr Michael W yes Mr Steven Hawkin yes Miss naano and vice chair Cunningham yes motion thank you okay we will move on to the one application that we have this evening um if the applicants can please come forward I'm calling up application 2024 D1 this is 38 Pit Road Block 1801 lock lot 43 the request is for a lot coverage variance and a side yard variance for a patio and a generator installation good evening how are you uh we're going to swear you in are you both going to be we'll swear you both in just in case you both speak raise your right hand do you swear or affirm to tell the truth okay please state your name spell your last name and one of us give you home address thank you um please tell us a little bit about what you are looking to do and your reasons for doing so we are we are [Music] zoning okay so um you applied for a pool in 2010 and at the time when you installed the pool you added additional pavement a saf weird Okay and then after you added the pavers you then added a Pergola yes okay um yes and then you added a generator and the generator is on the side of house and the generator results in a side yard request of how many feet I don't know if I am seeing this okay do we have that calculation just to be clear for the record do you know how far the side of the generator is from your property line that's okay and you did indicate on the record just now just to be clear that you have spoken to the engineering department and you are going to mitigate runoff for the additional coverage yes okay do you have the requisite fence around the pool okay but your backyard is fenced I have a question about your generator you did that without a permit so has anybody checked to see that it was installed properly and that and that the gas line is right and electrical connection is safe um okay um I would say that if we were to approve this we' require that a permit and an inspection be part of the process and um make sure that understood so you filed for the permit yet you held it okay Los okay the permits are important because on the survey it looks like it's right up against right obvious and it's not close to a window and all those other things that would be a 5 foot so then it has to get if it has to get moved it's closer than six feet the six feet reduces right how far is the generator from the house that me that we have change what anticipate there's 8 and half step back and you got a but then they still would have to move the generator they'd have to move the generator if if it's not 18 no I'm saying but that would all come out in the INSP techically come out and if there's a window we're looking at five any ventilation Source you got to be right so then you're they could be move it up or back away from the window you don't have to leave it right there yeah is there a window or door near is that it next to the garbage can in the picture yeah so there's Windows right above it you said that's a garage window clearance is don't but it's currently sits behind the fence it's up against the house is there a picture of it in the application yeah I'm looking this is what I'm looking at this is not a fence you could see it here you can see it on this it's it's up close to the driveway on the side of the house that little white thing I got it yeah that's it okay right here right what's on the other side next to the behind the fence I think she means at the corner of the house adjacent to your next door neighbor's property there's something on the ground the photo in the aerial view and that pushes right here you guys looking at this picture no no the are area on the at the corner of the house there's there a garbage no no no we're talking about side of the house next to the driveway of your of your neighbor's house right rear corner can I ask a mic a question just to be clear is there um in in addition to the lot coverage is there a building coverage building coverage VAR because the the chart seems to indicate both yes it's noted as yes buing permitted building coverage is 25% was 24.7% existing or 2010 value per count this building has to have a roof to so so the record is clear there are three variances needed building coverage lot coverage in side yard right side yard did the walkway exist when you prior to installing the pool for any other questions from the board what's to the left off the house when you're looking at the aerial off of the house over the pavers is that just like a like a little structure yes that's not there that doesn't exist that was no we don't is it a is it a okay so that's not a is that a roof or a perola so it's a covered that's how the building coverage increased so that's why the building coverage is increase that's I was just trying to figure out I'm like because you were fire applications sorry sorry s prior application you got the 40% there so I'm thinking what change this picture can right which is okay yeah okay so then what's in the rear corner of the of the property and I'm sorry that I don't have a y it's on their survey yeah okay do you have any issues with the coverage on the property if they do the the drywall well you can obviously mitigate one off from the was 40% 2010 reduced to get there to avoid barings at the time when the lot coverage obviously usion of the% did you get perms for the AC um okay um the board members have any other questions my only other question is if you have to move the generator to give more clearance to the house I'm just concerned about access to the yard how do people but based on the testimony that was given it's likely that you're going to have to move the generator because the window does sit theoretically you could put it at the right rear of the house even though you'd have to run the lines pretty far if if it had for at the rear if if it's the only safe place to put it it's possible and you wouldn't need to side yard variants I think it would be really difficult to Grant the side yard relief if we're sitting here today with the understanding that you're not going to have a place to put it on the side of the house do we have to wait to figure out where he's going to put it or we do anything ass soon I think so if I think if the board is in agreement and I'm going to defer to you Bruce but I think if the board is in agreement that with the mitigation efforts and I'm not speaking for everyone but I'm just saying hypothetically with the mitigation efforts in place that we could agree to Grant the bought and building coverage we could hold on the sidey yard because it might not it might not be needed or necessary and I don't think we should grant that relief if we don't actually know that the generator would go there I don't know if I necessarily want to deny it how do how we go about so are you just so I understand are you saying we would discuss voting on two let's call 2third of the application right right is that what you're saying that's what I'm saying okay maybe yeah no no no but that's what you're that is what I'm saying all right you said that there was an engineering plan of the dryw well I have a survey I don't have it in here yeah it wasn't part of our packet so I'm I mean I just as long as Mr disco reviewed it been a while I no you was just testifying about something that we didn't see so sorry oh here we go here's something a little more can see the generator here that's what I was curious is where you were putting the drywall because the back is yeah know has to be in the front yeah I didn't that's what I was trying to figure out here Jen was this part of the application record and or does okay so we don't have to mark it though or what okay then it's um A1 is a drainage plan dated December 11 2023 how many windows are alongside the house where the generator is the mitigations except basically my question is that I I remember the name but again it's dated the revision was December three months ago right you don't remember mon I needed to refresh I I would say that um I think what um Jody said is probably a good idea if that's acceptable legally to do a partial I don't know how that works well um Council just made a very good point that it already exists everything so it by not granting anything at this time we're not holding them up from proceeding with any installation or building or so I think we could also have them go back and figure out where they want to put the general and decide the one thing I would say to that is I'm not saying it would happen but if it was not approved you're making them wait to find out that piece would't be approved I'm not saying it won be approved or it would be approved but I'm just saying if it got turned down you're making them wait three weeks a month to find out that piece is going to have to get turned down which I assume then they have to to do some type of work am I correct you're saying if it's turned down by the building department no I'm saying if when we've when the decisions made on the other two pieces we're talking about here they're not approved they would have to whatever they would have to do rip it out fix it put grass in so we would be holding them up to know that PE Bruce could we do a conditional a conditional approval based on the fact that they haven't gone through the application process for the permit and that would then require evaluation by by the building department correct to look at the the application for the generator obviously right now we know it's not where it's supposed to be or and then based on those recommendations that this is what it needs this what needs to be done to rectify that situation and if that is done then the conditional approvement is takes effect they still haven't done a permit process for the for generator generator yes so that the other recommendation I can make is the board can vote on the two uh two variances um table the remaining variants we won't do a resolution until we come back and vote on the final and so onethird of it so to speak will still be pending the other two will have been voted on but no resolution will be done till it's complete now can they still go through the permit process through the through the for the permit process for the generator well no because you're not you don't know where the generator is going to be no but the fact that they have to they have to put the application in for the permit correct they haven't done that yet because they the building department before they review anything has to get a zoning acquiescence right now that process has never happened since the generator went so zoning won't be able to approve it we could ask the building to look at it and judge whether where it is would be acceptable to them I think the answer to that is no based upon given that you need 18 minimum window ventilation source is 5T so where it is right now we know it's not going to work from a building department perspective and they relocate it somewhere else on that side to be 5et away from a window and 18 in away from the house perhaps that we're looking at the 5 foot off if that's objectionable or if the applicant doesn't want it there then they have to relocate it to the rear where it could be compant Rel SW be a to obviously valid option what's the of the fence what is the height of the fence if we don't vote on and uh have a resolution they can't get a permit for the drywell work until that resolution is so they really couldn't even mitigate the storm water until the whole thing is is that how work or they could do it at risk and just I I yes that's true I don't know where you're headed if you're going to vote Yes on the lot coverage they can they can move ahead with the mitigation anybody could do that at any time varing associated with the mitigation point is if we're if if we are going to vote they can at least go ahead on that piece leave the last piece until the building department tells us what the outcome is they might likely need the building department also has to look at the we'll call it the pergola but it's an overhang of some sort if it's attached to the house and it's a structural element you might need a building permit for that so the CEO of that or the certificates of acceptance CA would be based upon prior approval so if there's a storm water requirement for it they're not going to issue that so you have a mechanism in place guard against them not doing it they they'll have to do it that's what you're looking for Assurance I'm sorry I didn't hear what you said what are you proposing right you could you could Grant the relief from the generator but you're knowing that it's going to be rejected by the building you're granting them at six foot they can put it somewhere else at six great not sure you can do it on that side with eight and a half you need a foot and a half I just want to bring up one other point is there is a structure that's been built with a roof on it that I I I'm assuming the building department is not aware of it and I would propose that any resolution would require that to be somehow uh approved and inspected by the building department to make sure that's safe because who knows how that was built because nobody unless there was plan submitted and the structure was checked I think that should be part of any kind of resolution as well personally does that require us to move from a zoning standpoint in order to get the building department out there again technically zoning is a prior approval to the building correct so Tech technically the building department is not going to look at anything that zoning hasn't said it's okay since we know we're over on building coverage now zoning officer wouldn't be able to do that so are they going to spend the time the building department doing something that hasn't got you're ask it's just it's they don't want to be in that position because that's like the building department be advise and consent on anything that somebody submitted they want to avoid that they're already sted they don't need additional so this approval of the two items of the building coverage and the lot coverage if we approve that and say okay it's acceptable for them to do this with the you know mitigation then then the right then the building department will then come out and determine whether what was built even though it really shouldn't be there they would come out and say I presume they're going to look at the attachment mechanism to the structure puttings and all of that and if it's not good then that we have toed so we're not approving the structure approving underneath of the structure you're approving the coverages which that structure created what's on the table Yeah coverage buil correctly that should come out when gets inspected and it will they won't inspect it until we the coverage right but I do have to say that if it's built in correctly and it has to come down I would not be approving 30% building coverage okay so like right but they won't look at it without theover it's like a really difficult position to be in because you know you're supposed to get your approvals when you do work on your property before you do the work on your property so I hope you now understand that moving forward but it's that's difficult because I I wouldn't I likely would not agree to the size of this structure um right and the impact that it has on the [Music] property if the structure was there and you put a roof on it you knock down was so you that was gone and you okay I think with all that being said what I think I'm hearing from the board is that you're willing to vote on the lot and buildin coverage leaving the setback request out and tbling that is a condition they have to come back if it was improperly built so hard um Mr Bergen is there a condition that that could be presented for the building coverage that's subject to a conforming building department determination failing that it would then trying to I'm trying to solve Jody's Quant no I I don't see why not I mean it considering um the board is getting this after it was built so there were no approvals to build it if it wasn't built properly um the board can then say that that make the variance subject to the I it's going to be subject to the permits which will be subject in inspection so if really if the inspection finds it deficient then the permit won't be issued and so the variance will go away I think based on that that's the condition that would be put into the resolution correct that that all of the prior work is subject to getting appropriate applications and permits for the work inspections and so on is it that or are you asking that the work that was done will be permitted as is oh no I didn't think that's what required adjustment that you wouldn't have been voting right it's the lad yeah we certainly can put that more specific language in okay and it's possible that if they determine that the generator can only be in the back of the house be safely installed they won't have to come back for a relief because they don't CLI correct could judge if if the generator had to move to the back to where a grass area was we determin that to be Minimus 2 by doesn't contribute to a lot coverage VAR that's the way I would in light of what we're going through if the board's going to vote affirmatively in the lot coverage I don't know that's the case any other questions or comments from the board any members of the public present that would like to speak um members of the public that would' like to question the applicants none members of the public that wish to speak on the application none okay do we have a motion with the conditions as stated on the record to approve the building and lot coverage variance I'll move to approve the building and lot coverage variant with the conditions as discussed I'll second Mr Hawkin yes Mr yes is naano yes Vice chair Cunningham yes and chair Cohen yes excellent thank you very much have a nice evening um motion to any other business motion to adjourn second all in favor I thank