This is a regularly scheduled meeting for which the date, time, and location is set forth in the annual notice of meetings adopted by the Waldo zoning board. In accordance with the open public meetings act, said annual notice has been filed with the burough clerk copy posted in the vestibule of the
Waldo administration building and copies transmitted to the official newspapers of the burrow as designated by the governing body to with the Bergen record and the Rididgewood News. >> Mr. Neman >> here. >> Mr. Sarah
>> here. >> Mr. Okarski >> here. >> Mr. Mr. Walsh >> here. >> Mr. Centennio >> here. >> Mr. Sandville >> here. >> Miss Lino >> here. >> Mr. Marj >> here. >> Mr. Mitchell >> here.
>> Good evening everyone. Will everyone please stand for the pledge of >> allegiance to the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for
We're going to do the approval of the minutes from last month's meeting. >> I make a mot I make a motion to wave the reading of the minutes. >> First by Ted, >> second. >> Second by Rich. >> All in favor? I >> I >> opposed.
>> I make a motion that we accept the minutes of last meeting. >> First second. >> Second. >> All in favor? >> I >> We have seven re resolutions from last month's meeting. I make a motion we wave
the reading of the seven resolutions. >> Second. >> All in favor? I >> I >> post our first uh could I have a motion to approve our first resolution for pick
142 West Prospect Street? I make a motion we accept a resolution for pick >> Ted first Brian second >> choice bro please >> Mr. Ne
>> yes I'm sorry same >> Mr. Sak >> yes >> Mr. Walsh >> yes >> Mr. Zanzo >> yes >> Mino Mrski >> yes >> Mr. abstain >> yes
>> Mr. Mitchell. >> Our second resolution is Desert 18 Wick Avenue. >> I make a motion to wave the reading of the Turk resolution. >> Second. >> I have a motion to approve the resolution for Desert 18 Wook Avenue. I
make a motion to accept the dert resolution first. Second, >> Mr. Nebain, >> Mr. Saraka, >> yes, >> yes, >> Mr. >> Yes, >> Mino.
Mr. Lorski, >> yes. >> Mr. Centennial, >> abstain. >> Mr. Mitchell, >> Mr. >> Yes. Could I have a motion to approve the resolution for Cassidy, 61 Evergreen
Street? I make a motion to accept the resolution for Cassidy. >> Ted first. >> Mr. Nean. >> Abstain. >> Mr. Sarakola. >> Yes. >> Mr. Walsh. >> Yes. >> Mr. Senzo. >> Yes.
>> Miss Lino. >> Mr. >> Yes. >> Mr. Centennio. >> Abstain. >> Mr. Mitchell. >> Abstain. >> Mr. Mar. >> Yes. Could I have a motion to approve the
resolution for Jamrose 54 McKay Avenue? >> I make a motion we accept the resolution for Jamrose. >> Second, >> Mr. Neman. >> Abstain. >> Mr. Sarakola. >> Yes. >> Mr. Walsh. >> Yes.
>> Mr. Sando. >> Yes. abain. Mr. Larski, >> yes. >> Mr. Centennial, >> abstain. >> Mr. Mitchell, >> abain. >> Mr. Mar, >> yes.
>> Could I have a motion to approve the resolution for Lich Tartski, 84 Donald, please? I make a motion we accept the resolution for Luchar. >> Mr. Nebain >> Mr. Sakova >> yes >> Mr. Walsh
>> yes >> Mr. Senzo >> yes >> abain Mr. >> Yes >> Mr. Centennial >> Mr. Mitchell >> Mr. market. >> Yes. >> I have a motion for the resolution for
Leonard 54 Schuler Avenue to approve. >> I make a motion to accept the resolution for Leonard. >> I second. >> Mr. abstain. >> Mr. Sarah, >> yes. >> Mr. Walsh, >> yes. >> Mr. Senzo, >> yes.
>> Miss Lino, abstain. >> Yes, >> Mr. Centennial. >> Abstain. >> Mr. Marjek, >> yes. >> Mr. Mitchell, >> abain. I have a motion to approve the
resolution for pan file 87 Highwood Avenue. >> I make a motion to accept the resolution for pan file. >> Second. >> Second. >> Mr. Nean, >> abstain. >> Mr. Sarah. >> Yes. >> Mr. Walsh. >> Yes. >> Mr. Senzo.
>> Yes. >> Missain. >> Mr. >> Yes. >> Mr. >> Abstain. Mr. Mitchell >> Mr. >> Yes. >> Our first application for tonight is
Walters 105 Gro Street. I'm going to keep you waiting. I'll be with you in a second. What's this? Jesus. stuff. >> Yeah. Come here. All
right. Thank you. >> Who's going to be speaking? >> Uh, I can start. >> If you're going to be speaking, I want you up right now because this is SC testimony. So if you're going to talk, you're going to take the oath. You're not going to talk, you're not going to
take. If you want to talk and you don't take the oath, you're out of everyone's race. Testimony, the truth, the whole truth, and nothing about the true self. >> Yes, it is.
>> State your names and each of you in turn spell your last, please. >> Uh Brian Walters. W A L T E R S >> Brooke Walters. W A L T E R S >> Jeffrey Walters. W A L T E R S.
>> So I gather you guys know each other. >> Hello. Brian's my son. >> Why don't you all have a seat? Whoever wants to lead off, get close to the mic and tell me what's going on. >> Okay. Uh so thank you for having us
tonight. Um, again, I'm Brian. This is my wife, Brooke. Uh, we're the homeowners of 105 Grove Street. Um, we are in an R2 zone and the total square footage of our property is 7,500 square ft. And today we're seeking to simply
build a backyard deck on our property. We're seeking variance relief in regards to the setback code requiring 35 ft from the rear property line and we are proposing 11 ft. We are also uh asking
for variance relief on the setback code requiring 10 feet from our detached garage and we would are proposing 3 feet. Uh this is just a little bit about the project itself. This is a simple standard first floor deck that begins at
our back door and extends 24 feet in length into our yard and has a width of 18 ft at its widest point beside the detached garage. The new improved lot coverage is within the allowed increase at 36 I believe 36.7%
uh which is less than the 40% maximum allowed in an R2 zone. The deck will stand at a height of only 18 in tall and will be built in compliance with the town building codes for such a structure. Uh the location of the deck uh is in our
backyard and the deck uh the location of the deck provides increased functionality uh to the yard and it equally preserves and maximizes the remaining open lawn space of our property. The proposed location and uh the design also respects the privacy of
our neighbors with our adjacent detached garage as a barrier to the west of our property. six foot tall wooden fence at the northern rear end of the property of the yard and 12- foot maybe more high bushes on the east side of our property.
The proposed deck does not overwhelm or encroach upon our neighbors p property sightelines, their privacy or their quality of life. Um, additionally, our dwelling uh sits recessed and elevated on top of a hill. Uh this provides an
additional assurance that the deck itself will not be visible from any angle on the street or any of the sidewalks. Um additionally, what we can respectfully observe, um our proposed deck is similar in size, in location,
and in function to many others that are in our neighborhood, whether those are decks are in the backyards themselves or in some cases extending to and beyond the sides of the house itself. Um the prop proposed deck of ours um is
a reasonable usage of our property and is an appropriate improvement for our three-bedroom, onebath, two-floor uh dwelling. The deck would allow for more versatility in our daily living and a place for family to grow and to gather
and uh will allow us to enjoy more of all that Waldwick has to offer. So, thank you for your consideration and uh for your guidance as well. Um, as mentioned, my dad is somewhat serving as uh a project manager of this
project. Uh, also as a uh I glad you speak to your credentials, but um he's very helpful. >> Yeah, thank you, Brian. Yeah, it's I'm here more to Brian as a uh designer of
the deck and will help in the building of the deck. Uh, I do have an engineering background, structural engineering degrees, so I'll make sure that any of the designs that come up will certainly meet all of the typical
code requirements for deck building. [Music] >> Starting questions from the board. Brian, do you have any questions for the applicant? No questions, >> Jeff. I'm just curious, the zoning survey, it says the project length 24, project width 21, but the plan says
basically 18 without the the notches in it. >> Yeah. Um so I spoke to um Mr. Joe W um mentioning that we changed our plans from our original um and I asked if it that would be an issue and he said as long as the square footage is less than
on the application that it was acceptable. That's why we're here. So the 24 by 18 general is is what we're asking for. >> Do you have any questions? >> Yes. Uh looking at the boundary survey,
you have the deck shaded, closed deck shaded, and then you have in red. >> Mhm. >> Uh the shaded part goes right to the garage. >> Yes. >> Red does not. >> Correct. Yes. We are asking for what's
within the red. Um knowing that there's a 10-ft variance, uh respectfully we changed our design to accommodate 3 ft. Um which would give us space for garden space. Um and that's what our design is today.
>> Yeah, I I'm not sure if that answers your question. I I think what we're showing is the red outline is the three-foot offset. the original design that was referenced before went right up to the building, the detached building. So that's not that hasn't been reflected
here. >> Thank you. Just looking for clarification. >> Yeah. >> Is the deck going to have uh lattice on the bottom going around? >> Uh depending it probably will. I know I did that on my deck. >> That's a big deck. You're probably going
to have a lot of animals living under that. >> Yes. >> Some you might not want living under there. >> Yeah. >> That's the only question. >> Phil, do you have any questions? >> Did you give any consideration to pvious pavers to mitigate the the issue with to
come to zoning >> to use pa I'm sorry to use pavers instead of a a deck? >> Um I don't know. In our neighborhood, we've been blessed with chipmunks. Um, and so they're actually pavers that the previous owner has had and they're all
wobbly and offset. I don't think that's a wise investment personally. Um, and so that's where I where we drew the line with going with the deck. I don't know if that's scientific or not, but >> did you consider a cost factor or the
the fact that >> How about zoning wise? Did you consider that >> you have to come to zoning if you didn't if you went with previous papers? >> Yeah, there's certainly less restrictions on the pavers than there is on a decking. >> Yeah. But it as Brian said, the the
other aspect is that we're by elevating it that 18 in, it's going to make it a better transition from the house into the backyard. uh and be able to me just make it
softer on their feet when they go out. Uh hopefully they'll have some children down the road and when they fall I think pavers can be a little bit of a problem. So I think there's a number of considerations. Certainly cost is one of
them. Uh but they feel that it's worth the uh the additional cost. How about the configuration of the deck? Did you consider making it longer like lengthwise instead of going >> depth? Away from the uh detached garage
or towards the back >> away from the back. I'll say this getting away from the >> decreasing the setback say >> yeah we we considered that. Um, in my opinion, it chops the yard pretty substantially that if down the line we
wanted to put like a swing set or something, it's kind of hard to plan where the safest spot for that would be or what we would need down the line. So, to preserve and maximize the amount of lawn space would give us more options down the road. >> And just to add one thing, they they wanted to have at least a minimum size
deck to put furniture there and configure uh to make it useful. We don't want to have just, you know, too small of a deck. So, we tried to get the balance all things considered. >> Um, yeah, I understand what you're
trying to do. Um, just curious, gentlemen, did Joe um talk about um it's it's 18 in. Um, no railing. >> There was no mention, but would >> Yeah, typically it's 3 feet is the Okay. >> the recommendation.
>> Just I'm just curious. Yeah, I totally understand what you're trying >> 15 is at the highest point. It actually goes down because the the grade in the backyard is towards >> from the back fence to the house. Got it. >> So, at the low point, it's probably closer to a foot off the ground. And at
that point, you know, we're still going to have everything on post, you know, footings. >> That's it. That's all I have. >> Tad, do you have any questions for the >> No questions. >> Stan, do you have any questions? Was any consideration given to
making the deck in line with the west wall of your home? Uh there was um in a sense it would narrow the space that we wouldn't be able to have the amount of you know furniture decking and it would be
pushing further into the the lawn that um otherwise the space that we are accommodating or using utilizing I should say by the garage we otherwise would have there would be nothing to use that space for. Um >> yeah I can also add it doesn't show on
the picture but Um, as you can see, it's where the stairs are and it goes back and it's a two-foot offset. There's actually a FYIA that's going to be in between. We had to build a deck around that V foria. It's between the garage
and the left side of the stairs. That's why in part why it's jutting out. >> That's privacy. >> Yeah. So, that's privacy thing. >> Yeah. It's pretty big. >> Such thing as one.
>> No, you're right. >> Initially. >> First property I've ever owned that didn't happen down the side. Okay. Where is the entrance to the deck from the house?
>> Is it where it says concrete or is it where it's inset? >> It's inset where concrete is the it's basically a wall of windows. So the door faces east >> or the door faces east. >> Yes. I believe there may be a picture in
the the packet as well. >> I see it now. >> Okay. >> Yeah. like so you'll be coming out facing east. >> Yes. >> You have to make a quick left. >> So what
how much space is that right in front of the door? 5T >> 6t 6t >> 6t. So you have turning business then you need a spacious place and chairs. I guess this question was asked in a
different way. Did you consider making it wider across the house the back of the house? >> We we did. It jets out into a position that is um harder to work around for the
yard itself. Um it's also just a personal thing, but there's no sun in that part of the the further you go that way, the sun blocks it. the neighbor trees >> uh thanks to our the the shadow of our own house. Um so rather than be uh
Do you have any questions? >> Actually, I really don't. It's pretty straightforward. >> Are there any questions from the audience about the application? >> I hope I hope not. >> Always have to ask. So, it's on direct. >> Do you have any final comments about
your application? >> Uh, no. Thank you for uh considering and accommodating us and uh we're new to the area so it's great to know who uh who our neighbors are. So thank you for welcoming us. >> Brian, you have any final comments? No, >> I'd be in favor of it's a I can
understand where he's going. He's leaving an open space for future children to play. So I'd be in favor of it's a undersized lot. I favor and I like the way you kind of maximize um your um landscape of your home and also I like that it's a family
project in the neighborhood and >> I have I don't favor. >> I'm in favor of it but I I think I would like you to consider the pavers. That's just my opinion, but I'm not going to
deny you from putting the deck up. >> I'm in favor as well. And uh you did a really good job, Ryan, presenting the project. >> Welcome. I've been here 48 years. I hope you're the same. >> Good luck.
>> I'm in favor of this. I think it's a good addition. >> Have a motion to approve the application. record on one little thing. When Brian Walsh said this is an undersized lot, it's that's not true. It's exactly the
right size for our two. >> Yeah. >> I make a motion we accept this application. >> I'll second that. >> Mr. Neman, >> yes. >> Mr. Sarah, >> yes. >> Mr. Barski, >> yes.
>> Wall. Yes, >> Mr. Centennial. >> Yes, >> Mr. >> Yes, >> Mr. Mar. >> Yes, >> Mr. Mitchell. >> Yes. >> All right, time for my speech. >> Here's the situation. You've been
approved. You have the right to go permits tomorrow morning if you want. Here's the only reason that you might want to hesitate, and that is that there is a right on the
part of the public to come back in here for a 45day period from the date that the resolution is published. Now, judging by the clamor behind you, it's probably unlikely,
but if you get a neighbor who wasn't in town and I can't remember the last time it happened, be honest with you, but I'd be remiss if I didn't tell you that it could happen. The sun could also hit the earth
tomorrow. You know, there are a lot of possibilities out there. So deal is you can pull your permits you can start you won't be 100% in the clear until 45 days after the resolution is published
and that will be after it is approved as written which is the next meeting in September and then takes a couple of days to get it published not much but that's where the clock starts running on those 45
days So, as I say, it's entirely your decision. It's unlikely for the first, you know, you're not going to leave tower behind your house. >> Thank you. >> Thank you.
>> Thank you all. In this case, it's not really a go. In this case, we have a the question is what makes it a hardship variance? And the truth of the matter is it's a
term of art. A zoning board cannot just grant variances because they want to. There has to be reason and the code actually the statutes give us the
reasons. Ultimately, we come down to something about the property that makes it necessary to go too close to the garage or too close to the rear line.
And then the question of whether or not it's beneficial or detrimental. Does it hurt the neighbors? Does it hurt the community? Does it hurt the way the
property looks from the street? And that becomes part of the balance of test. That's why I always ask you guys to give reasons for your votes because with any luck at all, there's something I can hang my hat on. Here we have told
us about the top because let's face it, we're not Unless a board is very very impressed with itself, which this one is not, thank God.
You want to you want to allow your neighbors to do what's not going to hurt their neighbors is really where it comes down to. And so sometimes you look at a project and you say, "Wait a minute, what is this going to do for the guy next door,
the guy behind?" And then you got to think about whether you're going to grant him. But on a deck like this, particularly at ground level or virtually ground level, you'd have to go some figure out a way that you can hurt anybody.
The only thing you're going to get is the impervious. And even at that, the deck is not entirely impervious because by and large they're built with space
between the um floor holes and so rain goes through them. I know some of the new materials don't do that anymore, but when they start buckling because they expand and contract, people are going to figure out that they probably should leave that nail with between
them. to answer your question. >> Does it have to be both beneficial and not detrimental? >> Uh, not necessarily. >> So, as long as it's beneficial >> as actually as long as it's not detrimental. >> As long as >> the term of art beneficial is usually
reserved for uses that are going to have a positive effect on a community. Um, a group home, >> a an assisted care That was one of the things that they
leaned on. >> Adding value to a neighborhood. >> Adding value to a neighborhood is a good thing. But the question is to be a beneficial use. It has to be actively helping people more than just pumping
the property values. You know, you can put a couple of big h big houses on the street and you can argue that that pumps the property value, but it doesn't really do anybody in the community much good physically. So, a hospital, a
nursing home, an assisted care, um a group home, things that have a beneficial effect to individuals or to the community at large. That's kind of where that beneficial use comes in. And
there are defined beneficial uses in these statutes. And I wouldn't I wouldn't try to call you out on that thing. You realize that. >> Okay. >> Don't want that in the in the record.
We've got properties in this town that are fully a third half the right size. >> We have any old business? New business. >> Motion to adjurnn. >> I make a motion we adjourn.
>> Second. >> All in favor? >> I posted