[Music] Good evening and welcome to tonight's meeting of the zoning board of adjustment of the township of union which is being held pursuant to the open public meeting law C231 laws of New Jersey dated in 1975. Notice of this meeting was advertised in
the local source, the newspaper of record, and notice has been posted on the bulletin board in the municipal building adjacent to the municipal clerk's office. Roll call. Mr. Wy here. Miss Martins here. Mr. Bentega
here. Miss Scott here. Mr. Johnson here. Mr. McNeel is absent. Mr. Graves here. Miss Ricketts is absent. And Mr. Champy here. There being a quorum present, this meeting is now declared open. Mr.
Manguso, at this time, are there any communications? Uh, there are no communications at this time. Uh, Mr. Chairman hearing none. Our first order of business will be will be the approval of a resolution for calendar number 3461
Railro Union LLC located at 2343 Morris Avenue, block 4303, lot 21.01. Applicant wishes to construct an indoor playground facility for children.
At this time, board members, you've all had a chance to read the resolution. At this time, are there any members that would like to comment, make changes, or modifications to this resolution as it has been written? Hearing none, may I have a motion? Mr. Chairman, I move that the board
adopt this resolution as written and as accurately memorializing previous finding of this board. Second a motion. Roll call. Mr. Wy. Yes. Mr. Mr. Johnson, yes. Mr. Graves, yes. Mr. Champion, yes.
Continuing with tonight's meeting, our next order of business is calendar number 3462, David Pereira, located at 2775 Meister Avenue, block 3610, lot 1. Applicant wishes to construct an
accessory structure and lot coverage. Mr. Hail. Yes. Good evening, Mr. Chairman and board member. Steven Hail representing the applicant, uh, David Pereira. And, uh, thank you for your time and coming out tonight as always. So, um, first I I would like to say we do have we did
receive the reports from police, no comment. Uh, fire fire department, no comment, and we have the Collier's review, which essentially notes what you noted, Mr. Chairman, the the variances that are being sought. I just want to give just a brief uh, background and Mr.
prayer is here and is would like to after we have our our engineer testify as us to the plan. Uh we recognize he did uh he's got a beautiful home at this location. Uh he did obtain permits to put in a pool which was installed but
then uh and it's recognized and uh he acknowledges that certain improvements were done without uh proper permits that caused the increase in imperous coverage which we're going to we have a plan from our engineer showing a significant reduction in that and also the
installation of sub subsurface detention to address that. In addition, and I did have an opportunity to speak to his neighbors who are here, that there's an encroachment on their property uh along the driveway area, and it's acknowledged
based upon the survey that was done by EKA that that encroachment will be removed and no longer encroach on their property. And the third item which causes this front yard setback and the uh sideyard setback is the it's called a
garage, but it's a it's really a pool house type structure. Again, it's got a beautiful pool in the back and then this structure houses the the equipment and the like and little uh changing room etc for the pool. It's it's in in that it's
a corner lot. So therefore, corner lots are encumbered with the requirement of two front yard setbacks. So you have the setback uh you've got because you have both uh pinewood and meister. So you have to ply with both. This is towards
the back of the property. It's not invasive to anyone and it's got some nice landscaping in front of it. I see you've probably been by there. And uh not that there's an excuse for installing it without permits or approvals, but we feel that the location
isn't a burden on anyone in the area. And I think you'll hear from Mr. neighbors, you know, enjoy coming over with his kids and family and and enjoying the the beautiful yard that he put in there. Uh they now in union for quite some time. Kids are in school and
all. So that's an overview of the application. Uh Mr. Chairman, and what I'd like to do first is to call upon Excuse me, Mr. H. I would just like to add something. Um, you you said that your applicant didn't have didn't get the permits. Um, I I want for the record
to reflect that the applicant was told on numerous occasions, starting with a denied U zoning application, that the stuff that he was wanted to do wouldn't be approved and um went along and did it anyway. And there were fines in
municipal court that were administered that uh he paid and was um I I guess found guilty of he plead guilty to for certain things. And um so it's not that he didn't know, he knew he knew before he built some of this stuff that it
wasn't acceptable. And we do have uh I don't know if council will direct me, but we do have some some uh violation notices that were sent out and and stuff like that. So it it was pretty much um done anyway after told you can't do it.
Well, I did mark A1 as the application as it was submitted by the applicant and A2 is the EKA site plan that's presented in support of the application. What I did is I marked in the board has in its packet uh T1 for township the notice of
violation. It's referred to by Mr. Monguso which he can authenticate uh which includes photos and details about the particulars. uh I guess as far back as 2022 when all this started and that zoning application that he references uh was before him. So that is part of the
record as well. So I got A1, A2, and then T1. The there was someone that submitted a narrative to me. I have it. We're not We did not supply it to the board. There's there's a apparently a member of the public here tonight. They can authenticate that when the time comes. You know, Mr. Hail,
that's the process. So I did not mark that yet. I mean, if he wants to authenticate it when he comes up. Okay. Um, so that that's what we have in the record for now. Um, and and the notice of violation package is, as Mr. Monguso referred to, it has a number of
photographs, one two, three, four, five, six, seven, eight, nine, 10 photographs of the work, I guess, as it existed at the time of the
court proceedings. So I note Collier's also does not reference the size of the shed or we call it the garage or or you can call it a pool house. I think the way union governs it, it's a shed or an accessory structure. 10 pi 10 is
permissive. It's three times that size. So another variance I believe and and I would submit is the size of the accessory structure whatever we call it is too big and you would need an independent variance. Well, according to the zoning application, it's considered
a she-shed. That's what it says on the thing with the countertop. And that was denied on 121 2022. And that was at 300 square. I mean, and that's the the the height was 10 ft, the length was 20 ft, and the width was 10 ft made out of wood, and that was
denied. So, not only is there variances for the location of that structure, even if it was at a size that the town recognizes, you have the setback issues as you pointed out. So, that's an additional variance. I note for the board's edification for the public and for the record. So, okay, great. And I was advised of the
all the mun I didn't handle the municipal court. Jeff Cohen uh from Union, the attorney, handled that, but he did share with me all of that. Okay. As did the applicant. So, noted for the record. Right. Thank you very much. So, I'd like to call upon uh Jeff Koff from EKA to
take us through the plans and he'll also describe the the plan that shows the reduction in the impervious that's proposed. Can I ask the witness, this is Rob Pansul, the board attorney, to swear or affirm that the testimony you provide this evening is the truth and the whole truth.
I do. And for the record, if you could state and spell your name with your affiliation. Sure. Hello. Okay. You could you could take the mic out. Take the mic out. Okay, that's much better.
Uh, my name is Jeffrey Kadolf, C A D OFF. I'm a professional engineer in New Jersey and Pennsylvania. Um, and I'm working If you could give the board your credentials, please.
Okay. Um, I have a bachelor's in civil engineering from the University of Pittsburgh. I've been practicing for uh roughly 30 years in uh site design and and other civil works and I've appeared
before uh this board although not the board will accept his credentials. Thank you. Thank you, Mr. Ver, Mr. Chairman. Um, and you're qualified. Okay. Wasn't sure if you wanted something else. No, we're good there. And uh let me put this here. So, if you
could take the board through the plan showing existing conditions, which is essentially the proposed plan, but as we discussed this afternoon in our preparation meeting, uh we do have a plan that now shows a the reduction in
the uh in the pvious coverage, the installation of subsurface detention. And S can probably help you here. Yeah. Yeah. Put up the exhibit. I'm messing it up. I know. There's a mouse right there. Yeah. Oh, god forbid. I should see the mouse.
I put my water next to it. All right. Um Okay. So, this is not You're getting there. Yeah, apparently slowly. All right.
And if it's an exhibit that was submitted already, which I believe the plans were, just identify the page because they've already been submitted to the board and Mr. pencil and marsh them as A2. All right. So we have a second ago
on this we have the so title sheet has our our various variances listed which are I'm going have to read off this because I I can't figure out how to get this out. Can you how do I get that to go big?
I I hate to say it. Every one of these is different. Yeah. Oh jeez, that's so easy. My bad. All right. So, and then we're go this way.
All right. So, can everybody see that? Yep. All right. So we have a uh lot coverage variance 60% is 60% is uh the requirement as a max we
have 72.9% currently uh sideyard of 3 foot we have 1.85 85 foot uh currently and distance from street of 25 feet and we have 12.94 feet. Those are the three variances
other than the uh accessory structure size which was mentioned a moment ago. Okay. Um so those are those are the variances. That's basically what's on this the
title sheet. We also have a listing of uh of the neighbors, some general uh some general notes and a our title block signatures and the location of the site within town. Okay.
Um the second sheet here uh shows the existing conditions in a survey um and the various areas of concern. Okay, we have a
don't see the the sheet submitted today. That's should be another exhibit. Ah, there we go. So, we're going to have to go here. And that is called
coverage reduction. Just so we're clear too, the the there's a there's a sideyard issue for the shed as I understand the record. There also is a retaining wall or some kind of structure. Correct. That is along the border line which
actually is on the neighboring property. So that's another variance, a separate variance. Yeah. That for that structure as it were uh independent. So, I know the Collier's uh letter is not necessarily all-incclusive. It's a guide for this
board. I as the lawyer picked up on this and and make it a part of the record tonight. And I did, as you said at the in my opening that that will in fact be removed. Okay. Just so we're clear on what we're considering though. In fact, while they're looking for it
here, I I can uh mark this as A3 and perhaps pass it around. This is over plan which shows the removal of part of the impervious and uh removal of that
encroachment. All right. So that's what's on the note that you're seeing here. Um existing wall to be removed and relocated uh six inches from the property line. That would eliminate that variance which is
why we're not showing it. Um, we're also looking at removing 143 feet in this area, 143 square feet of existing pavers. We're proposing the installation of a drywall uh drywall that will
that will have this shaded area of the roof going down to it. Uh, and and the intention being to reduce the runoff from the site in that way. These pavers here would be removed and
grasped and some pavers along the back um along along Pinewood Road uh would also be removed and and landscaped as well. Okay. So that total removal of uh
pavers reduces the impervious coverage from the existing 72.9% to 66.6%. And the uh addition of the of the drywall is intended to offset the
remaining uh 6.6% 6% of imperous coverage increase and that drywall has been adequately sized. I know it would have to be reviewed by the engineering department. Correct. Correct. I I I just have a quick question.
Sure. So I have a zoning application from 2020 and it says a she shed. Now I'm looking at a framed garage. Is it what are we calling it? And you're you're referring to as a pool house. Is it the garage? Is it a machine shed? Or is it a pool house?
Well, it's I'll I'll let um honestly it's it's a it's a pool house. Uh which someone might refer to as a cheese head. Um but are we in agreement that it's not a garage? It's it it's not a vehicular garage. No.
Okay. So, we mislabeled that. All right. Um, and the um, honestly, I think that's that's a that's about that's pretty that's about it. Obviously, if the board were to act
favorably at all on any of the that part of the application, that would be subject to engineer and collier's review, you still have a slight variance off the requirement or or lesser of a variance, I'll say. But basically, what you're offering is to be conforming as
opposed to the 70s something percent which you did without approval. So either way, I mean that that would have to be remedied one way or the other. I mean, you're still seeking a variance, but a lesser variance. Correct. Still seeking a variance lesser variance in with the intent that the dry well
would would ameliate that that that variance. I understand. And if the board was inclined to grant the variance for the the reduced impervious, we would certainly make it subject to review and approval of the
the dry well and drainage by collars. Let's see what the board What's that? at the collars before agree we can make a decision on this. Yeah. Well, we just we just rece and and granted we we only received the
Collier's letter and we didn't know that they were actually going to do doing review but there's no problem in in having that uh review by Collars. Well, there's really two aspects. you have the impervious coverage with which is a drainage issue
which as I understand was one of the complaint points from the neighbor was the impervious coverage and the fact that there's an issue now in their property. So that's part one and then part two is Mr. Monguso has referenced twice is the size of this structure and
why it's there and why it's so big and why it was done without permission. Well, we know it wasn't done without permission, but how how do we justify? Are you going to be offering testimony on on what's proposed to be done with that? Because that's really a separate part two. Our our client uh who is here will will
discuss because if the size of the shed was to to a size that is recognized in the township that might be imper you know grass or landscape that would alleviate the need for any variances if if they were to follow the pattern of the rules as they existed. So that's why we're
kind of I am perplexed. I don't vote, but I'm just trying legally to make sure the board understands what it is we're trying to consider tonight. There's a lot here. Uh it's pretty dramatic in terms of the variance relief. I know it's not a use situation, but that
structure and and Mr. Hail, I don't know if you saw the photos, maybe we have a copy that Mr. Monguso had in his investigative file. Uh it's pretty dramatic. Yeah, I've I've seen this. I've seen the photos and I've been by the property, obviously. So, you're not you're not going to offer
any testimony on the bulk variances for the shed or for the pool house. Let's call it what it is. I think what we do is we'd call our client up first and let him explain a little history of that and then uh we can recall Mr. Koff as needed.
Bless you. At this time, are there any board members that would like to question the testimony? Mr. Koff has provided hearing none. Are there any members of the public that would like to question this witness? Now, it's just what he
testified about, not a comment that you like it or you don't like it. Just what he stated in his testimony. Come up and state your name. Good evening. My name is Arthur Shafi. Okay. Could that please for the record? A R T
H U R last name S H A F I K. Thank you. Your address? 2771 Meister Avenue. Okay. My first question is, what specific calculation method did you use to determine that the dry well offsets
exactly 6.6% of the impervious coverage? We we haven't completed the sizing yet. So I have to do we're looking to get it approved as a concept and then decise it. My second question is did your analysis account for saturation during
consecutive storm events? The the analysis when it's completed will comply with the ordinance and the requirements thereof. My third question is, can you confirm whether the dry well's performance was modeled using local rainfall intensity data?
It will be. That's a requirement. Um, and also was a soil infiltration test conducted at the exact location of the proposed drywall. As I stated, you're you're asking design questions is something that we that I've stated. We haven't completed the design
yet of yet, but that these things get are done for that. And then finally, my final question is, does the drywall design meet the municipal or NJD standard for long-term storm water retention? It will meet the the ordinance as stated
in the engineers letter uh 1710 and what that requires will be will be done. Thank you. I have no further questions. Yes. Thank you, Mr. Koff. Yeah, I'd like to call the applicant, uh, Mr. David Per. This is Rob Pansul, the board attorney.
Can I ask the witness to swear or affirm that any testimony you provide this evening is the truth and the whole truth? I do. And for the record, could you state and spell your name? David Pereira. Uh, last name Pereira. P E R E I R A. Okay. And Mr. Prairie, you're the owner
of the property. Obviously, uh the property is under my father's name. I currently reside there. I bought the house under my father's name. Okay. Now, obviously, you're well familiar with what went on at the property. You've heard the testimony this evening. First, uh, are you, uh,
committed and we work together first to remove the encroachment that is on your neighbor's property, the people that are here this evening? Yes. From day one that I realized that it was over. Uh, committed to removing it. I just wanted to make sure that I know exactly what to remove and how to
remove it and when to remove it. And you've had you've had an opportunity to review and I don't know if we marked um that exhibit should probably be A3, Rob. Um the plan that I gave to Anthony that we marked it A3. I did not.
Okay. Are I noted it for the record? I don't have a copy of it yet. Uh are you committed to uh also remove the impervious coverage in accordance with with A3 that was identified by Mr. Koff? Yes.
Okay. And uh also in accordance with the questions from the book both the board and and your neighbor that uh and also indicated by Mr. Koff that if the if the board was to approve the increase in
impervious coverage that you would uh make sure that the detention system is in accordance with the countship standards and reviewed by Kier's engineering. Yes, of course. Okay. All right. Now, focusing on what's
been described as a garage pool, uh, pool house shed. Just give us a little background on that. And we know that you obtained the permits and approvals to install the pool. Tell us a little bit of the history. So, about So, I've been working since I
was 13, saved money, and at uh 37 years old, I was able to buy my first property, which is this property. Um, just welcomed our fourth child. Um, so we have four kids, me, my wife, and my four kids. And I wanted to make a
resort style home for my kids. Um, you know, when I was younger, you know, I'm not saying that I got into a lot of trouble, but my father always told me, "The reason why you get in trouble is because you never want to be home." I want my kids to be home, so I have an eye on them. Uh, my kids go to school here. My son Pop Warner getting out at
8:00 uh for Union Rams. My girls cheer. Um, I'm in the community. I was at the football game on Friday. When I did this, I was doing it for them. I don't go in the pool. It's literally just for
them. This is my forever home. Um, when M Mr. Monguso said that I didn't apply for permits, I did. I did apply for the she-shed. Again, I've never done this before. I don't I didn't know what I was doing. So, I applied for a sheed because I researched it and that's what it said
it was. Um, it is a pool house. It's a place where my kids where we could eat together without being in the sun. Um, it's their alkapoco. They love it. Um, I I'll I'll remedy whatever I have to to
be compliant as much as I can. Um, but in no way, and this mangu said I didn't put the permits. I did. And I waited almost six weeks. Um, and I was able at that point. I figured it was taking long. I I guess I jumped the gun. I started it
a little too early. Um, and that's it. And I I feel like the building department uh took it a little personal that I was doing whatever I wanted. It's It was never my intention to do that. Um, but everything I built in that
moment for my kids. Um, and I I'm willing to do whatever I have to to keep the property as close to perfection that I feel like I made it for them. Um, we're in town, new family. Uh, we're a
family of six now. We're not going anywhere. We don't want to go anywhere. We like it here. Um, and I put every penny that I had into I'm looking at it and it's giving me tears just looking at my property. Every penny. I've never had anything like this. So, I take great pride in what I have. Um, and that's
just a little story about me. Um, and I'm I'm getting a little emotional because, you know, in your hands, you guys hold the power of literally um taking what I built for my kids away and it gets a little emotional for me. Um,
and that's it. That's just a little story about myself. Local business owner, local business manager. I run it with my father. Small little trucking company. um very small, three trucks and that's it. I didn't mean to disrespect the board, the town or the building
department in any way and if I did I apologize. Um and that that's really all I have to say. And I know with respect to the structure that's there, uh in addition to creating the structure, you also did and I
indicated in my opening provide landscape buffering. idea on the side of the fence where this where this you need the microphone. You're going to have to take Sorry, it's a pool house on the left side on you might be able to Can I take this with me? You could do that or you can might be able to use the
cursor on the on this area right here on the left side of Pinewood where the it says frame garage to the left of that. There's nine cherry not cherry blossom trees. They're uh sorry I forgot the name of it. In the in the in the springtime they bloom
pink. They're beautiful. And this frame garage, it's not a frame garage. It's got gutters all around it. So all the water that goes on top of that all gutters into those um those trees and those landscaping. Um and the reason for it uh was because I forgot the
gentleman's name, the inspector that was there, I believe his name is also Anthony. Um he told me that you're you might have a problem here with imperent coverage and that's why I did it like that. Um every everything I did all this was already basically here. It was just
I if you look at 2017 pictures on realtor, you'll see it was just broken concrete that actually was very slippery uh for the mailman. And all I did was remove and replace um with the ashful and the broken concrete here to the pavers that I had extra from the
backyard. Um again, I didn't have a lot of money to do this. This took me two years to do. It was every little bit that I had. Um, I would make it, put it in, make it, put it in. Um, that's it.
I don't know. All right. Thanks for for that explanation. So, uh, Mr. Chairman, we can obviously recall Mr. Koff, but uh, no further questions of Mr. I just want to withdraw. This is Rob Pansula. I'm the lawyer. I don't vote.
I'm trying to get an understanding as you heard me earlier. Uh, I understand the application and the variances you're seeking. And I'm not going to get emotional and I don't need to. I got to get legal. Yeah. Of course. The the zoning application that I made a part of the record, you went to the
zoning office and received that communication back in November of 2022. Correct. You were the one who went or someone on your behalf. The when I put the application in, I believe I was at the office two times to find out why the application's taking
long. And I believe the ladies at the front desk said it just takes a little longer. Well, I'm going to read from it because on on a week after you went in there, there's a statement on the bottom that says all work must cease. It says that the architect must provide drawings
with accessory structures and they must uh submit that to consider it before you build it. Not that you just can ignore that and then three years later have it built. That's the problem. That wasn't a week after I submitted the the application. That's dated on on December 1st of 2022.
You were in there on November 4th. So, it was three weeks. I was there various times. May I add some clarity? Let me finish it first. Let me finish first. You're the one who went in on that. You ultimately didn't submit architectural plans or do anything to try to advance approval for
the structure. You got an approval and a permit for the pool. You have that. There's no doubt about that. The pool is is proper. Its setbacks are proper with the way it was proposed in the permits for the pool is acceptable. That's we're not even talking about the pool. We're
talking about what went beyond the pool. The pavers and especially the shed pool house. I might keep calling it a shed. It's a pool house. That's part of the problem. Again, uh you have the followup.
I I have a followup to that. I mean, the building department, you know, uh has to take every, you know, every complaint, everything serious. So, when when nothing is personal. I just want you to know that. But, um, when you were denied
on, let's see, on the let me just get it. Hold on. when you were denied on 1121 of 2022. Okay. You were denied and it said driveway must you can't be more than 18 feet wide. You've have all of this. You acknowledge that you have that you got
the zoning or no you're going to say you didn't see that cuz you've been to court. We can always get the court transcript. I I I've done a lot of paper over the last three years. All right. No. And understandable. So So my point to you is this. This is my point. So my point to you is we did my
inspectors went out there, they saw things, my signatures on everything. Okay? So it was denied and then you were given a reason why it was denied and you were denied on 121 2022. You submitted this on 114 2022. Okay. So yes, it was
about a month, a little less than a month that it was going back and forth and we had we saw that there was problems as per what you you uh you did. So now the picture that I'm holding was taken on
August 4th. That she shed was not built. I'll get I'll be more than happy to provide this. So knowing that you weren't allowed to do it, you still built it. Then the year after that 2020 uh 84 of 2022.
So that summer. Exactly. And it was you built it but you were denied. No, but that that's from the summer prior to the the permits being in. You said it was in summer of 22 and I permits in 22 December. You my apologies. You have December.
December you were denied and you built it that that spring. You built it in the spring. No, you said that those pictures are from the summer of 22 and I put in the permits in November of 22. Correct. Correct. You were denied. So, but but none of it was there. So, but you knew
you you couldn't build it and you went no longer to build it is what I'm trying to say. I built it in the four weeks that that we were basically in in here. So, then my apologies. That's my point. So, within the denial of the four weeks you built it. I've I never built something after you
guys told me that don't do it. Uh, you you're saying that you're saying those pictures were taken in the summer of 22. No, I meant to say when we went out there in the spring, it was taken. It was already built. So, you built you just confirmed that you built it within the four weeks that you were denied that in the very beginning of it of in
I wasn't denied yet. I wasn't denied. I was in the process of I already submitted the application. Correct. It was in It was in the So, you built it before you submitted this. I No, you you built Okay. You your your When did you build it? Cuz your application came in 11:4.
So it was during the time it was built during the time that the application was in your office. Uh-huh. Okay. So you built it between 114 and 121. Give 114 and 121. Give or take a week. Sure. Yes. Okay. Fair enough.
Yes. It was not It was not built after you told me I couldn't do it. Okay. That that's what I'm trying to say. Okay. And and that's where I feel that there was maybe some miscommunication that you guys thought that it it was I I really felt that you guys I'm not saying
you guys took it personal, but I felt like you guys thought that I was just doing whatever I wanted. Although you told me I couldn't do something. Well, you have no permit. You had no permit for the pool. Again, Mr. Magu, it's you had a permit for the pool. Kids right there. Okay. You have a permit for the pool
100%. And we told you don't continue with the driveway. And you did because we had a reason to believe that you want a neighbor's driveway and you already built it. The driveway. Yes. The driveway. I was not given an order of stopped until half of the driveway half of the driveway was already done.
And Mr. and Big Anthony told me I told him the mailman almost tripped and got hurt. I need to It's dirt over here. What am I going to do? Blah blah. Stop. Stop. I came here a week later and he told me, "Well, I can't tell you. I can't do stuff like that, but I don't want anybody getting hurt. So, it was either the mailman getting hurt that
delivers my mail every day or finishing the last 10 ft, which okay, 10 ft of this area so they wouldn't get hurt. I I don't want anybody getting hurt either. I I understand what you're saying. It's in no way am I trying to
argue with you or saying that I was right. I am not telling you I am not saying that. Well, I just would like for you to understand that you are held to the same responsibilities of everybody in this town by ordinance. And if my guy's doing their job, okay, it it's not that we have a problem with anybody.
It's that there's ordinances that are followed that everybody has to follow. So, they're only doing their job. I understand. Okay. I understand. Good evening. How are you? Good evening. Just reading over some of the information that we received, it kind of indicated that your neighbors had had
several conversations with you regarding what you were building and how it was infringing on their property. Why would you continue to build and not just come in and have like a sit down with the building department to see where you could build, how far you could
go versus having I mean because I hear you talk about family and you want to be there and you bought you know you you know you build some kind of oasis for your kids and your family, but if they're a family that's also there, I'm sure they want that same pride and joy for their property and not
want to have their neighbor with confrontation. And you know, we all want to go home and not be, you know, uh, you know, in dispute with our neighbors. So why would your neighbors have to have that many conversations for you to kind of stop doing what you were doing?
So what when I there is a little wall right here. It's about maybe foot and a half high, maybe 2 feet. What it does is it separates this property from this property. When I built it, again, I've I'm not a contractor, you know. So when
I built it, I was not I was not I I did not know that you have to build six inches away from the property line. So what I did was I built on the property line. But what what I'm saying is you had several conversations. So if you didn't know, I keep saying then why not hire
professionals that would know so that you alleviate the back and forth between you and your neighbor and you and the building. I was trying to save money. I was trying to save money and I hired uh guys that I try to save and in the long run it's
going to cost me money. I I understand that. Any other board questions? Yes, Mr. Johnson. I just I know you say you built it between 114 and December 12th. Why
didn't you wait for the permits to come back to see if you were doing the right thing or not? You went ahead according to your statement, you built it after you submitted the application and before you got an approval or disapproval. Okay. So, so that's Go ahead. I don't understand why you didn't wait
to find out the right way to do it rather than go ahead and in a four-week period and just go ahead and do it 100%. So, my uncle works for Forever Construction. uh he kind of knows and he directed me on how to you know who to
call who to do this building stuff like that at that point in that two I'm going be 100% honest with you he said I got these guys they're going to be off this weekend they could get it done right now if you want it and it was very cheap at that point and that is the real reason to be honest with you and that's the reason and that's the
reason you're in the situation you're in now because you did everything illegally just let them finish I'm sorry I don't mean to interrupt Yeah, and I I can understand your position, but our position is everything was done illegally between 114 and 121. Even though you hadn't gotten the
disapproval yet, you just you you should have waited. That's the problem I think most of us have is we make everyone in the town come before us when they want a variance and get the variance first and the approval and then go ahead. But you decided you didn't think you had to do
that. Yes, sir. It's the way it looks. Nothing personal. Yeah. No, I I there was a lot of things that could have been done different. Okay. And I agree. Mr. Benta, do you have a question? I mean, Mr. Per, you understand you keep
answering yourself. If you followed the chain of command or the, you know, we wouldn't be here right now. I'm sorry. Um, what I'm saying is if you followed the chain of command, if you went before the um building department and got your permits and when you were approved, started doing your work, we probably
wouldn't be here right now. 100%. Um, you know, so you have to understand our point. You know, you're saying that you have workers that were willing to do it. They were off. It doesn't work that way. You know, I understand, but you know, you have to get approval first and then you go.
So, that's what we're looking at here. It's almost that you just went ahead and figured, you know, let me try to do it without getting, you know, someone getting caught or something. And I I didn't to to reply to that. I didn't try to do it without getting caught. I I
believe I was at that time I believe I was doing the right thing by putting the permits in. Um so it's not like I just did it and didn't put permits. I mean we have proof that the permits were in before it was built. So I I did try to go the right route. I guess like I said I just jumped.
Right. You also understand it it's not it's not one you have several you know stuff that's not approved. you know, it's not one thing that you did.
So, you know, you have the driveway, you have the the shed, and and the size of the shed, which I raised. I mean, that's something that you really haven't testified to this. I mean, people have pools that don't have pool houses. If a lot doesn't
allow you to have a pool house, I mean, people can have a pool without a pool house. That's that's self-inflicted. And and it sounds to me like what you did suggest is your uncle who's in the business helped you and saw a window to build it. If he's in the business, then he should know you shouldn't build that
without permits. That that part is easy. And if there's fault to be imposed, it's not on the building department. It might be on your uncle if if that's what he told you he could do. Mr. Pereira, what what were you constructing in the spring
of 2022? It's hard for me to to All right. Because I I have a letter here from Mr. Sharief if I see and he tried to discuss this in a friendly manner beginning in March 2022 and April of 2022, but his concerns were disregarded. I
mean, you don't remember what you were trying to construct in March and April before any of this because you submitted the you submitted the application on November 4th, but this was 7 8 months. Construction was going on seven or eight months before the application was submitted, right?
That was the pool. That was the pool. Okay. Okay. And you did get permits for that? Yes. Okay. Fine. Any further questions from the board? I just have one question, Mr. Graves. What is that? The birds, the rabbits.
What is the cages for? I'm sorry. Which cages? You have there's a diagram on 84. It appears to be a cage for rabbits and birds. What is that?
My wife is listening now. You can tell her to get rid of them. It's for her pet rabbit that she has that I can't stand to see anymore. She's right there. You can tell her, "Please get rid of them. Any other questions?
Yes, Mr. Chairman. Um, so I also see here in the packet a complaint um in regards to a cement slide um that was ruining the fence. Was anything taken care of with that? Yes, the fence was uh was now the slide and water feature that's there. It was
shaved off. It's no longer touching the fence. And also a panel was replaced on the uh neighbor's fence as well for damage that was caused at the rain. Okay. Thank you. Did you want to re Did you want to make a comment on that?
Um yes. Okay. Mr. Sharief again. My name is Arthur Shapi. Um, and I'd just like to ask, did my father not communicate to you while we were discussing the damage to the fence that
also due to the construction it bulged inward onto our property and therefore the fence is still to this day bulged? And after he explained that to you and you had replaced the panel that was broken, you said, "I don't want to deal with this anymore." And then said, "Talk to my lawyer."
Yeah. Basically, your father and myself um we we kind of fell out of it for a while. Um, even while the construction was going on, your father complained about the dust dirting your your home. When there's construction, there's there's dust. Um, I try to do the best I
can. There was a problem with the panel. The panel that he was complaining about that was broken. I've lived there longer than you guys. That was already broken from a tree that came down a year before that in in a storm. It wasn't the construction guys, but I still replaced it. Um, I felt like I did everything
that I could to try to um, alleviate your concerns in any way. Um, you guys wanted the fence fixed, no problem. I fixed the fence. If there was another part of the fence to be fixed, I would fix the fence. I shaved off the water feature so it wouldn't indulge in your property. This wall that's in question
now, again, I've never said I'm not going to take it down. I'm going to take it down. Um, and that's it. Any other questions? Just again, you implied that you fixed the fence, but I'm informing you again from multiple times that there was a bulge
inward caused by the construction that still exists to this day that we informed you about that you decided not to take action on. So, the way your fence is built, the whoever built the fence prior to that did not put four 4
inch 4in wooden posts. It's just vinyl. So, you know it, right? when you touch your fence, it just moves back and forth. Where my fence has wooden posts and it doesn't move cuz I believe that it was constructed the way I did it. Um, but again, if there is damage to your
property, I've never said that I haven't. It's just I believe that the relationship to you, myself and your father, it just it stopped. It it just there was no communication anymore. We walk we see each other in the driveway. We don't even look at each other. Um, and that's what it is. Do you do you
think it was unreasonable of my father to ask that the fence just be returned to its original condition prior to when you started construction up to the fence? Absolutely not. So why would there be the falling out when that was all my father has asked of you or did he ask anything that is
outside those bounds? Um did he ask anything outside because we were in the process of this. I don't know how this was going to work and I believe that I fixed it at that point. Did you see me fixing the panel? We we told you multiple times while you were
doing um certain fixes and after that there was still damage to the bulge which you chose to continue to ignore. Well, I mean or disregard. Yeah. We're here to find a way to settle this between uh neighbors, board, union.
Um I don't want any problems with my neighbors anymore and I don't want any problems the town anymore. Whatever has to be fixed will be fixed. Uh, I could put it in writing if that has to be done. Um, but and that's it. There is no butts. You're absolutely right. You you also mentioned um in your
testimony that all that border wall is is just a a separation and nothing else of our two properties. Um, in 2022, did you not also expand your existing driveway which caused the encroachment on our property of the border wall? So, you did not expand the existing
driveway the size of what it what it was not to yours. There was no wall there. It was just cobblestones. Remember, it was just cobblestones. Ashvalta to cobblestones. And the cobblestones are exactly where this wall is now. What I did was I didn't go this way. I went this way. I did not go this way.
I went this way. I lined this with this. And before the driveway was with this. I I just like to, you know, let you know that, you know, there's a little disagreement there because I was there with my father when he actually proposed that you go in inward on your property because you have a lot
of land there and not be digging outward onto our side. Um, and you stated, "Oh, well, you have a tree over there, and you don't want to ruin or impact your tree, and that's why you didn't want to dig on that side." And we had told you, well, we have a pear tree also right here. And
the roots were damaged and it did not bear fruit for, you know, the next two years after this construction. So, seems like a lot of fruit. There's deer on my property every day eating your fruit. This year, thankfully, it came back. But I I I understand what you're saying, but in no way, I was supposed to build
according to what I'm know now 6 in over from the property line. And no, I built it exactly on the property line. So that's where I could see where you would say cuz remember a 12-in block is 12 in, right? So 6 in and 6 in. Can you provide any evidence that the building
department acted outside its professional responsibilities? Can I provide any evidence that the building department acted outside its professional? I I think we have an offer we have an offer in the record that that retaining wall in the side of the driveway is
going to be cured. Right, Mr. Hail? Yes. So, I I the point is is well taken, but I I think we have it in this record regardless of if the board gives them any relief that's going to be fixed. The the width of the driveway is another cause for concern legally, as I
understand it. So, um but but I will note for the record and and for your edification, you could tell your dad, I guess, is the property owner, that that's going to be cured and it has to be. I I appreciate that. Yeah. They're not he's not even seeking relief from this board for that anymore, if I understand the record. So to that
part, we we may have to have engineering weigh in, Steve, on the drainage impact and whether you can get a variance for the six or so% that you're decreasing to. That makes sense. And maybe there's a remedy there for that aspect of the
application. As I've said at least three times now, that the size of that pool house is a separate animal. I don't, you know, I haven't, the board has to weigh in on that. I mean, I don't see where uh that could be justified uh under this
record so far. I mean, I'm talking not as a voter, but as a lawyer. So, I I I appreciate that clarification. And I I just want to also ask then about um because we mentioned like vague comments regarding the the fence and and doing what's right. So, is is there also a a
commitment to fix the bulge that was caused during construction that persists till this day as well? All things that you have a problem with that were damaged during construction after to the point that you moved in, they will be remedied. Specifically the bulge which we have
specifically the bulge in the fence. Are we committed to fixing that now? Cuz for the past two years we haven't been. So that's why we haven't been because I've been in the process of this. I'm trying to just finish this completely. If I have to call guys back and it it just costs a lot. I don't make a lot of money. I have no further question.
Thank you, Mr. Shafi. If you have one more question, one more question. Um, why did it take you almost three years to come in front of this board? To come in front of this board. Yes. Uh, I had Jeffrey Cohen as my attorney.
I was in uh I was in civil uh courts. Uh, we kept adjourning for various reasons. And I believe I I hired uh Mr. Hell Services about six months ago, maybe something like that. Um, And
again, I didn't know I don't know anything about that. Right. So, we just let's so we understand and the board understands you knew if you went through the proper applications and variance, we wouldn't be here right now. You understand that, right? I understand that. Yes, sir. All right. Thank you.
Yes, sir. Any other board questions? Hearing none. Are there any members of the public that would like to question the testimony Mr. Pereira has given? Hearing none. Councelor. Yeah. Uh, Mr. Chairman, if if the board
would indulge, I'd like to take perhaps a fivem minute break and talk to my client, family, and come back. Sure, we could do that. All right. Thank you. Thanks. Thanks. Ready? You ready, S? Y,
Mr. Hail. Yes. Uh, thank you again, Mr. Chairman and board members uh and members of the public for giving us the opportunity. I had an opportunity to speak to my client, his family, and to uh the representatives from uh EKA Engineering. What we'd like to do, Mr. Chairman's
request uh that we carry this matter. It'll give us the opportunity to meet with uh Mr. Monguso and with Kers let them take a look at the proposed drainage. It also I told my client that uh that there's obviously going to need
to be some modifications made to the existing pool house shed whatever we want to call it garage to address both the issue of the size and the setback. And uh so uh and even if maybe there's modifications to that that might even
eliminate EKA uh both Jeff and and Matt indicated that may actually bring us within the uh by reducing that size within the size of the or to address the impervious. Uh another though commitment is we're not waiting for action of this
board with respect to the encroachment. uh that's a given and he's going to arrange for uh the removal of that as soon as he can line up his contractors. So that's that's no longer an issue and we're committed to do that.
So you want to adjourn tonight's meeting? Yeah. And you want to hold on. I'm sorry, Mr. Chairman. Can you hold on one second? Uh so you're putting on the record that he will fix the neighbors I mean well the encroachment. Let's not say the name the encroachment on the
other property. Yeah. Okay. So when what time frame are we looking at? I'm not looking for dead, but I want it I don't want it done in the winter. I want it done before. So I I kind of think that we should say, okay, it'll be done within six weeks.
It'll be done within 8 weeks or four weeks or three weeks or not three years. Yeah. I mean, um, that's Yeah, I was just going to Okay, that's that's about 60 days to have that taken care
60 days. It's technically not a board issue, but it's a compliance issue for It's a compliance issue, and we have no problem committing to that here this evening. How about defense? Can you commit to Can you commit to He's going to work with the neighbors
and resolve the fence issue. Okay. Well, I'll note that for the record. So, one of the neighbors came up on the break and has a photograph and they obviously are here and they want to make a statement. If we're going to adjourn, what I would suggest to the neighbors, and certainly you can ask me questions tonight while we're here. I'm the
lawyer. Um, why don't we make sure that those lines of communication are open and maybe it'll alleviate some of the things. You have the right to make a comment on the adjourn date for sure. and and S in the interim if you got that photo we can have the board it could be circulated to the board and and to
council and they'll know what his position is going to be and you have my contact information now so feel free to communicate with our office I guess we can do that he's here yeah I think it makes sense to Mr. Hale I don't think you have an objection just to let at least give the
board the benefit no objection Mr. Shafi Shafi, thank you. Um, and my name again is Arthur Shafi um at 2771meister Avenue. Did did you try to submit the the narrative that I mentioned earlier that I have? The board does not have that.
Yeah, we had a prepared statement uh ready to to speak to and we would like to be able to submit it to the board for just review and for record. Well, since we're adjourning, that was my suggestion. And I mean I kind of tried to summarize what I know your concerns are drainage size of structure
as opposed to reading it. I would just like to submit it if that's well since we're journeying. Yeah. Why don't we formalize and and m make sure Mr. Hail gets a copy as well with the photo you're offering and this way the board will have that in their packets for the next meeting. Yeah. Um and then you can authenticate it and
testify. Hopefully we're going to resolve. I mean look the applicant has has made some statements on the record tonight. That's all we can do. You know, we can vote, not vote. I mean, we're trying to be amendable. You guys are neighbors. He lives in the town with his
family. We need to be in a position to uh hope this resolves itself. That's the goal, right? We're human beings. We're we're we got to try to coexist. Yeah. and we we appreciate the comments that um our neighbor has taken today to try to rectify the situation, but you
know, we're just sorry that this has been dragged out so long and it's taken this many years to begin to hear understood. Then you heard the building department had similar reactions to that's why there is some part of a hesitation and a frustration on our end
about hearing the proposal for an adjournment just because we've waited so long for this moment um and been told many times that we could not communicate with our neighbor and now we're saying oh everything we can well that's why on the compliance side and I'm just trying to move this long I'm not trying to cut you off the Mr.
Mr. Monguso got the timetable within 60 days to at least deal with that sit. That's no longer part of the application. That's going to be remedied. Not 3 years from now, not with an open-ended time of date. Within 60 days is proposed. Otherwise, it'll be a new municipal court matter and he'll be back in court. I'm sure he doesn't want
that. So, that's the incentive. That's what we could do as a board. Uh, and Mr. Monguso could do through his office. your fence issue was not before the board, but work with him, work with council. If you can ameliorate whatever
problems exter and and I believe me, I understand your frustration. You heard I think board members certainly Mr. Monguso, not just emotional, it's frustrating because this is a long period of time to have this fester. We we appreciate that advice and
and also if we could um we wanted to uh before discussing this this photo very briefly. Yeah. That's that's what's on the screen what you were going to email and it has been Yeah. And uh just just uh comment on the the statement that was made um earlier uh regarding the complaints from dust.
Um I confirmed with both of my parents that no one complained from dust. It's unequivocally just did not happen. Was false. We don't know why that was mentioned today. Um and Also, I uh I believe that he stated that there was a crack on our fence that was prior to his
construction, which my mother, who was home the entire time um of that construction work, states that she saw with her own eyes that damage being done um and addressed it with them in that moment. And then um besides that, the photo that I have up on the screen just
goes to show um like physical evidence of kind of like the treatment and like with respect or the lack thereof of our property during this entire um ordeal. As you can see, this is the prior uh driveway before any renovations. And
these all are the neighbors equipment that they had just left uh passed onto our property for long periods of time without removing it. All right. Well, as I said though, we're we're curing that. So that that's no longer part before the board and your
statement is part of the record. So the board understands the frustration. That's back from 2022 for sure. So that aspect of the application not only is going to be remedied. I mean the cleanup part is done. it's already been built, but fixing the encroachment and the
variances that were a part of that is something that is going to happen. That's no longer He's no longer seeking relief for that. Yeah. And Mr. Pansula, it's it's only fair to give Mr. Pereira some time to to get a contractor. I mean, you know, and and to remedy it. So, it's not fair for
me to say you got a week to do it or two weeks to do it. It's it's not fair. So, I think that's reasonable. We've we've waited several years, so 60 days is nothing. We would be he has to take his time and find somebody. He doesn't want to get somebody that not going to do it right either. We appreciate that. I have no other
further comment or address. I will be providing a statement of a comment. Yeah. And we will make that part of the record as 01. It'll be both the photograph and your narrative and we'll provide a copy to council as well. Thank you. Thank you. Thanks.
Do do we have a date for the continued hearing of this case? I mean, Mr. Hail, I'm looking at maybe the 15th uh of October. Of October. I apologize. Yes. There is a case on there, right? That's his
I think we're here on that one anyway. That's what I'm Yeah, that he's here. 10:15 should be fine. Is that okay? Is that okay? Is that okay with you? That's fine. Yeah, we're here anyway. I didn't know if
So, we're going to adjourn tonight's meeting. We're going to have a continued hearing on October the 15th in this room at 7:30. No notice will be given. So, can I have a motion and a second?
Mr. Hail, I assume you would wave any time constraints to realize the adjournment. So, noted. May I have a motion and a second to adjourn tonight's meeting until October 15th? All right, Mr. uh Mr. Chairman. Yes. I'd like to make a motion to adjourn
uh calendar number 3462 uh David Pereira uh 2775 Meister A uh block one 3610 lot one. Uh we're going to do it on October 15, 2025 and continue the hearing on
that date. Second a motion. Roll call. Mr. Wy. Yes. Martins. Yes. Mr. Mr. Bentegan, yes. Miss Scott, yes. Mr. Johnson, yes. Mr. Graves, yes. And Mr. Champion, yes.
Thank you. Appreciate for the benefit of the public, the meeting will be October 15th in this room. No further notice will be given at 7:30. I will add to for the neighbors, please
stay in touch with council. He gave you his contact information and you certainly can follow up with the building department uh if you don't have the revised plan that was proposed that we marked tonight that the engineers are going to look at as well as you could be made aware of any other changes that might be proposed before the return date
of October 15th. May I have a motion to adjurnn. Mr. Chairman, there being no further business coming before the board, I move that we adjourn. Second a motion. All in favor? I opposed. So moved.