yeah thank you okay good evening everybody we're going to call to order tonight's uh meeting of the township of Bernard's Zoning Board of adjustment and the first item on the agenda is the flag salute States America the stands na indivisible andice all thank you um in accordance with the requirement of the open public meetings law notice of this meeting of the board of adjustment of the township of Bernards was posted on the bulletin board in the reception hall of the municipal building Coler Lane Basking Ridge New Jersey it was also mailed to the Bernardsville News whipy New Jersey The Courier News Bridgewater New Jersey and it was was also filed with the Township Clerk all on January 8th of this year and was mailed electronically to all those people who had requested individual notice the following procedure has been adopted by the Bernards Township Zoning Board of adjustment there will be no new cases heard after 10 o'clock tonight and no new testimony heard after 10:30 tonight um Miss kefir can you do the roll call for us certainly uh chairwoman Engineers here miss Balman here Mr Camry has indicated he is unable to attend this evening Mr kuss yes here Mr pavloski here M pakar yes here you don't like that come on I like that I didn't even mean to do that Mr CR yes and I'm here okay Mr here Mr hon miss Herrera here uh Mr stesy I'm here Mr Quinn is unable to attend this evening Mr slly here for the record Miss keer is present chairwoman you have a quum you may proceed thank you Miss Keir um do we want a motion to ex um to excuse the ABS absence of Mr Cambria you let us know in advance I'll make a motion to excuse the absence of Mr cambri thank you thank you all in favor I opposed abstain thank you thank you um next is the approval of minutes these were circulated in advance the first one is the approval of minutes from the February 7th uh regular session meeting is there any comments uh or edits or suggestions that haven't already been voiced or a motion to approve as drafted now Madam chair I'll make a motion to approve as drafted thank you m bman second thank you Mr kuss everyone is eligible all in favor Iain thank you thank you next uh is the approval of minutes from the special session uh meeting on February 15 2024 I was not at that meeting okay eligible this evening are Mr pavi Mr tankr and Miss Herrera great um are there any edits or or um suggestions on those minutes motion to approve thank you second thank you all those eligible in favor hi hi all right and those that I did not name are abstaining abing thank you thank you okay next is the approval of resolutions uh the first one is GAC uh which was ZB 23022 that was also circulated in advance any comments for additional edits otherwise a motion to approve as drafted circulated um I'll make a motion to app thank you m p second thank you m con Miss Balman yes Mr Krauss yes Mr pavi yes M poar yes Mr tanky yes um cherom Engineers yes thank you thank you next is the bisha U resolution which is ZB 23023 same drill there any comments uh or edits or motion to approve as drafted circulated motion approved that's drafted thank you Mr I'll second thank you m poar m b yes Mr kuss yes Mr Pabi yes M pakar yes Mr tanky yes chairwoman Jers yes thank you thank you um the next resolution is cinin which was ZB 23025 any suggestions or further comments on that one or motion Madam chair I'll make a motion to approve as drafted thank you Miss bman second thank you M Balman yes Mr K yes Mr pavi yes M poar yes Mr T yes chair Engineers yes thank you thank you okay moving to the next section um first on the agenda is Kane can I just ask is there any objection if we move out of order and perhaps take dler first dler um you're the one with young kids in the back is there any objection if we move to that one first also have young kids are they here yes okay which case are yours we're Kane Kane okay so we'll do Kan first then thank you um so first on the agenda is the completeness in public hearing for C which is ZB 23024 you want to come up okay thank you madam chair I will just point out for the record as applicant is approaching I did uh review the applicant's notice here and I found both the content and the timeliness of service of such notice to be sufficient it was sent to owners of property within owners of properties within 200 ft for the subject property on February 20th 2024 and published in the Burnsville news on February 8th 2024 both more than 10 days in advance of tonight's hearing and thus in my legal opinion the board's jurisdiction just wanted to put that on the record thank you very much thank you great so um Mr Kane I'm assuming yes okay so uh who will be testifying tonight you and I'm assuming your architect yes okay anybody else um potentially my wife potentially okay yes all right so so I'm going to swear all of you in that way because you know it's sworn testimony as well as our po professional just one tonight Mr SCH so if you could all Raise Your Right hands do all of you swear or affirm that the testimony you're about to provide will be the truth the whole truth nothing but the truth so help you God yes okay great thank you very much um so if you could please give us your name and address for the record and sure Eric Kane 262 child's Road okay great great um terrific do you want to tell us why you're here tonight we do have your case and your file in front of us so sure uh the our home um is an interesting home it's uh an old schoolhouse from the 1800s and what we're looking to do today is to get approval so that we can bump out a couple of walls totaling under 300 square feet um to extend our kitchen um we have two kids and um as they grow older we just need a little bit more space to accommodate their their needs and our needs um the l-shape of the house um is kind of why we're looking to do this we want to just extend it so that it's you know a perfect L instead of a little um indentation for the patio that's viewed there okay great um do you want to are these your plans here is your architect going to take us through your plans sure okay um yes so this is a sir I'm GNA have to ask you to please identify well you could use that mic over there if you want okay just identify yourself with the record name and business address and uh give us your credentials too please um my name is Jonathan Booth I'm an architect uh 33 bullion Road Basking Ridge you please uh provide the board with your uh professional background credentials things like that um I've been before this board on numerous occasions I have a uh Bachelor and Masters and masters of architecture from uh Clemson University go Tigers um and I've established my practice in 1985 and I've been doing residentials since that time and your license is still in good standing I assume yes it is okay terrific we will accept Okay so this property on child's road is uh in the R1 Zone it's a Mr bu I'm sorry to interject before we get started just get all the housekeeping done ahead of time the plan said that you're showing us was that submitted already yes you got and that's uh plans stated uh November 7th November 7th sounds correct to me um do you have any anything that you haven't already submitted to the board that you'll be presenting exit okay okay just want to make sure if I do I'll identify okay fantastic don't want to derail you testimony so want to get all out of the way now so please proceed so um this is a uh in the R1 Zone it's a 3 acres Zone this particular property is less than half that amount less than one and a half acres and so when you apply the uh setback requirements um there's no there's no building envelope and that's due to the lot size and also to the unusual shape of the lot um The Proposal is um to is a two-story Edition a small Edition 164 ft on the first floor and then a uh 100t second floor addition it um the addition proposed addition is to the rear of the house um and as Eric said it infills an existing uh inside corner of the house um actually if I could refer to these photographs these these photographs are are copied on on the plant but I have them here in different okay those are the ones we have okay but I just want to reference just so you can visualize it um two photographs that show the site of the building proposed Edition you can see sort of an inside corner where two portions of the structure add the functional benefit of expanding in this location will also aesthetically and from the exterior create a nicer transitions location Mr Booth real quick before we get too far away from it the photographs you just presented uh you took those correct yes I did okay could you give us an approximation of when this would have been U late last summer say August okay last year and they uh they accurately depict the property in the hous currently exists yes okay great and all four of them that you provided previously yes in color we will have to mark them as an exhib just because they're colorized hope you don't mind handed them over should I mark them each individually uh we could make it a compendium how many photographs are there four four okay compendium of photograph exhibits will date it uh St it today March 6 2020 um okay so the variances we're requesting are a front yard variance and a rear yard variance um the rear yard variance is um there's a uh misstatement that Dave SCH picked up in his report and how I figured the uh rear yard setback um based on the based on the uh unusual outline of the addition I gave a uh proposed rear yard setback of 42 feet that's actually the closest Dimension from the rear property line in this location to the addition but actually the request formally should be taken perpendicular to the rear of the building in this in this part of the property and the uh and that's why you'll notice in Mr sly's report he indicates 69 feet as the rear yard request where 100 ft is required um the front yard variance is due to the fact that um the location of the addition is about 89 ft from the from right the child's Road right away of course the entire front portion of the existing house is in advance of that so so um but technically that that that is a second variance um we have no other variances uh I think it's telling and somewhat commendable that um we conform to the lock coverage on this property given that it is a small property U and so um that to me suggests that uh you know it's it's a reasonable development of the property um and the plant and elevations uh I don't I won't dwell on uh the objective is basically just to open up this part of the house and make it a little more livable for a kitchen mudroom Pantry space it's a little bit carved up right now and the materials that that will be used are they essentially similar to match the rest of the house it yeah we want it to look consistent so do we yeah it the addition will be integrated with the house you know visually and aesthetically can I understand that as a stipulation of any approval that the exterior of that addition is going to match the uh the existing dwelling or at least be aesthetically uniform with it yes great thank in terms of siding Roofing window type and proportions great thank you any questions from the board or architect here are there any questions from the public Miss King did you speak to any of your neighbors about this project did you hear any concerns from your neighbors about this project no no we did speak to our neighbors um not all of them but some of them and U have heard nothing back any additional questions from the board I did go first I'm okay so Dave I think your memo had some points around revisions to the plans did you see Mr SL memo and some of the comments you made yes yes the I I don't know if you want to speak to them or what uh well I'll just point out that my Memo's dated February 21 2024 uh comments one and two are pretty much factual uh three four and five are where the applicant or Mr Booth would chime in the number three speaks about the uh that we're in the FR Franklin Corner historic district and yes so yeah this is in uh Franklin Corners historic district the location of the addition uh really won't be seen from the Public Public way at all um it's totally main house um so I don't think there's any concern about uh you know compromising the integ the historic Integrity of the house uh number four is uh Mr Bo touched on the how the rear yard was measured uh just a matter of cleaning up the zoning schedule to uh reflect uh and number five has to do with the the township mapping shows that there's a repairing Zone Zone uh that uh actually covers or encroaches upon the uh the front northeast corner of the property it's a 300 foot reparan Zone associated with theic river which actually across the street and behind other homes but the um the town ordinance requires that if there is indeed that repairing Zone on the property needs to go into a conservation easement and that would be something the applicant would be responsible for H hiring someone to uh pinpoint where that line actually falls and if it is on the property Grant the EAS any uh reservations about stipulating that no can I ask a a question about that is that the that zone is a um a 300 foot U buffer from the from where from the water course or from the from the water course it gets a little uh right unclear cu the river and then there's a pond and then there's another tributary and a few different water courses back there is there any other uh interpretation of the type of development that exists within that area like as you mentioned the the road and the neighboring Properties or is it simply just the diens no it doesn't matter what's in there just a dimensional yeah the fact that there structures in there wouldn't change the uh the width of the buffer um it's strictly based on the water quality right how wide it would be and then the 300 foot line at 300 feet yeah so that was that was a yes to numbers four and five right right to that point um any any hesitation would you be want to stick all the conditions of Mr SCH I think yeah it's just four and five yeah just four and five well number three was addressed to Mr Bo's testimony and everything else is just factual zoning table needed to be revised I think that's what I was kind of getting at table yeah you guys will revise the plans you know in accordance with everything yeah okay um Dave you want to do Tom stuff too or you want me to sure um I can run through Mr Quinn issued a memo dated February 28 2024 um number one is factual number two uh is requesting a sign and sealed copy of the property survey um we may have that in the engineering Prim if we don't I'll let you know but that should be a condition to provide that number three talks about the um cleaning up the zoning chart which you already agreed to understand y uh four oh four is a question about the setback um Mr Quinn was referring to the 42 foot setback but this would now apply to the 69 foot setback that um Mr Booth clarified on that you're comfortable with that 69 fet is indeed enough um dep depending on how you uh calculated that I think Mr Quin with pointing out that it was handdrawn and whether you're comfortable enough with 69 fet or maybe you may want to request 68 to provide a little wiggle room uh and maybe the board would go with that well it is a scale Dimension off the survey so um you know I believe it to be accurate whether it's 68.5 or 69.2 that I suppose is a valid question um would you like to revise it to 68 sure may as well may as well for the the number five in Mr Quinn's report uh uh just more clarification on what the zoning requirements are uh doesn't really require anything um and number six talks about the limited disturbance needs to be shown on the plans and the engineering department may require soil set of in control measures um that's something you probably want to agree to if if it does apply yes and that was all okay thank you Mr I'll note that the environmental commission issued a memo but they did not have any comments no comments on that one thank you any questions from the board at this time um just one the previous variance was for the family room addition correct we were not Property Owners at that point so my assumption is yes yeah I mean that's what it looked like on this plan and that that that they gave you an actual closer to the property line than what you're asking for now my assumption yeah my assumption is yes I know that there was an addition but I think that was in the early 2000s yeah that was my understanding so any other question questions from the board oh actually let me throw another there you adding any lighting fixtures to the outside of the addition there will be some uh decorative scones on the exterior with they'll be shaded sh and downward downward I'll take that as another stipulation thank and are we just removing some of the patio area for the addition um the entire existing patio will be removed to construct this Edition um and then it will be replaced with a new patio um the net result of which will be um 24t square square feet I believe still under the impervious coverage and we're under the uh Lo right it looks like five two and a quarter per or something like that on the I see 12.84% uh 15% is permitted yes um so we're 1300 square feet of available coverage when this project is done yes I see two two odd percent you're under yeah and in fact U another one of the comments that was was made aware of from Mr SCH was that there's additional lot area that will be reflected in the revised schedule due to the additional strip of RightWay that were allowed to include as um part of the the property that was not included in these calculations so the uh proposed lock coverage number will be reduced from what you see here okay any any other questions from the board at this time are there any questions from the public for either of our to uh Witnesses here you have any other comments or no are there any comments um at this time from anyone in the public either for or against this application okay seeing none uh we'll leave it open to the board so um open to deliberations comments or motions on on this application um I I don't see this as a major issue I mean I I I they're under unlock coverage they don't seem to be impacting any of their neighbors with this addition and and it adds to the quality of the house in the neighborhood so I would be in favor any other yeah I would agree I see this as a a C1 given the um shape of the property and the size of the property but other than that I would completely agree I see this as no negative impact to anyone whatsoever and just an improvement in the overall um structure and and appearance so I would be in favor of it as well I also like the fact that you're saving the old house yes okay um any motions I'd be happy you either for it thank you do you want I summarize first sure you you guys want to go ahead too many we're good okay so just so we're clear on what's being voted on applicant here is requesting two variances two setback variances the one for a front yard setback they're proposing 89 ft where minimum 100 ft is required um and proposing a rear yard proposing a rear yard setback of 68 ft where 100 feet would be required U additionally the applicant has agreed at least this is my understanding to stipulating all conditions in Mr sly's memo dated February 21st 2024 and Mr Quinn's memo Fe dated February 28th 2024 yes 28 as well as two additional conditions which were just that the uh exterior of the proposed addition would match the exterior of the existing dwelling at least be aesthetically consistent there with and additionally any exterior lighting that would be installed would be angled downward and shielded and wouldn't cast spillage onto neighboring properties and I believe that's it thank you leaving something out I'm sorry am I leaving anything out just making sure I got it please no the problem at all so then I would make a motion to deem the application complete um I see it again as a C1 uh hardship and absolutely no detriment uh whatsoever to the to the neighborhood to the um to the surrounding properties um in fact I see it as an improvement so thank you for that and um I would ask our attorney to dra a resolution memorializing our approval and subject to all of the conditions and stipulations thank you Miss Balman and I will second that thank you Miss p i I like it also I like to see people saving the older properties in town making them more livable so someone else down the road don't won want to knock it down I agree Miss keeper uh Miss bman yes Mr Krauss yes Mr pavi yes Miss poar yes Mr T yes M Herrera yes chairwoman Jers yes thank you thank you good luck with your project thank you thank yeah um where are the acans is it okay if we do dier first where are the ACR okay just come on up all right so so do you want to go now would you rather go next okay because we have young kids in the back so I just okay okay so um we're gonna go out of order thank you Mr aan um next on the agenda will be dler and Adam which is ZB 23019 okay all right um Madam chair I'll just point out for the record I apologies to be while to get my files in order here uh I did have an opportunity to review the applicant's notice here I found both the content and timeliness of service of that notice to be sufficient it was sent to owners of properties within 200 ft of the subject property on February 23rd 2024 4 and the notice was also published in the bensville news on February 22nd 2024 both more than 10 days in advance of tonight's hearing and thus in my legal opinion the board is jurisdiction over this case so that's my Spiel swearing everybody thank you yes Mr dler am I say that correctly okay um so just got to lay the land you're going to be testifying presumptively uh this gentleman we also be testifying uh do you have any other Witnesses uh my wife's here and my kids okay okay I'll ask her to we'll get all of you sworn in so if you could all please will they be testifying kids are testifying no I'm Mak sure they they already think is his court yeah kind of is quasi judicial proceeding that's what we call it okay if you can all Raise Your Right hands do all of you swear or affirm that the testimony you're about to provide will be the truth the whole truth nothing about the truth so hope you got yes yes okay great thank you very much he affirmatives so if you could Mr D I know I know your name but please give us your name and address for the record nevertheless uh Michael D and a desided 50 Liberty Corner Road in farill great guess th us here okay uh we're here for a variance for the pool going in in the backyard for uh because my neighbor can I guess see the pool from his back of his house or something we have a rule of where the pools have to go based upon where your property is and where your house yeah with how his house is situated in hours and then he can see into my back yeah I can see that so do you want to just describe your project for us no we're going to be putting in a pool with a like entertaining area and uh I guess just redoing the backyard so we can have more uh entertaining spaces and more of a I guess better quality of life with just staying at home and being able to go in a pool and watch movies and whatnot outside can you describe that outside entertainment area for us that it just be a covered area that we'll have a a table and then a a fireplace with a chimney with a a TV mounted in it then it'll be like a grill and whatnot in there like just some storage the sides will be open there's not going to be any yeah all the sides on that will be all if I may I have a um a drawing that shows an elevation of that Pavilion that covered roof section that help clarify what we're sir yeah if are you an architect an engineer I'm landscape designer okay I designed the the outdoor St before you get into it uh name and address for the record first off sure it's Dominic Stan 26 County Road 601 in Bel New Jersey could you please spell your last name for it's St a n z i o n e stand okay I got you my last name so people butcher all the times your aot so you're an expert in what field uh so I have a degree in L of architecture from rord University okay you're landscape architect I'm not I'm not a licensed landcape architect I'm a landscape designer years over 20 years experience designing outdoor spaces I also serve on the um Frank Township historical advisory committe um and I've been doing this for over 20 years now des and building have you been in front of this board before I have not been in front of this before other projects of mine have been in front of before so you're submitting yourself as a landscape design expert not at landscape architect correct okay great thank okay thank you will accept you as a landscape designer thank you um yeah do you want to uh describe the project do we have what you're about to show us yeah we'll mark this you to be clear you didn't give this to us ahead of time right this is our first time seeing this this all the same all the same okay first page is just an elevation that shows kind of the design of the structure and the second page is a a plan VI out of it okay one second let's just get these distributed figure out what to call this okay so we're going to mark this as exhibit A1 did you give me a title for it this is what like a landscape landscape Pavilion plan yeah and that stated uh September 15 23 yes okay thank you sorry started keep interjecting make sure we're doing all the housekeeping here please proceed so the project itself is uh we're going for variant for the pool location because of the way that the property is situated um versus the surrounding properties um in that design we have a pool that we have kind of tucked in behind the house along with some patio space and a covered Pavilion which is the drawing uh I I just submit to you um that space is meant to be kind of a covered area to kind of give you some sh a little bit of protection from the Sun um and kind of give an entertainment space with you know fireplace and kind of hangout area next to the pool um you know for the family to to enjoy um and then around the rest of the the L you know the pool and the patio we're going to have hands keeping um they kind of make it feel washing and a garden face okay and the fireplace is part of the Pavilion yes inside yeah on the edge of the Pavilion if you look at the second page there you'll see plan view um the fireplace is going to be on the on the center of the back of the Pavilion and then the chimney will go up through the through the roof of the you eliminated the Koopa from this strong this one has a CA and this one does not oh I'm sorry I don't know work maybe maybe that's a different one this is what we oh yeah that may be we submitted that previously so yeah we're not going to do a so how tall is it the it's you can see it's this is correct on this the one you just handed us yeah 16 feet tall and then the chimy will pop up a little bit but this is not not looking for a variance for this this is all no I'm just asking but yeah it's 16 ft tall that'll just be a HIIT roof design will it be um will it have external lights like uh it'll have a ceiling fan probably in in the inside and it'll probably have some high hats shooting down into it downward facing down facing would that also sorry to inter check B chair but would that also apply to any lighting fixtures that it would be installed around the pool yeah any we do around for landscap lighting around the pool will all be down okay I'll take that as a stipulation on all very much can you talk a little bit more about the uh landscape I know you mentioned it briefly but a little bit more around the landscape that will be part of this project so um here has have some more this is also new yes so this is this is this is the original concept drawing that I did um when I was first hired by the home owners to to create the space so in this drawing you can see um kind of the greenery that we're looking to achieve with the space and you know make it more of a garden space just pull so Mr Stan and we're going to mark this exhibit A2 concept plan is that concept plan concept plan can I get a date for that too oh that what was that we just dat data today to probably from from last great thank you so in that plan we we're going to have Shrubbery you know perennial flowers some flowering trees um some some taller shrubs to kind of get some some privacy from the you know pool equipment that sort of thing um the idea is that you're walking into a garden space to enhance you know the the landscape and kind of blend ourselves into the natural wooded area that surounded and then you have it fenced in beyond the stone walls that you have on this yeah so the fence is would be a is going to be a perimeter fence for the backyard so we're come off uh Each corner of the back of the house and then out a certain number of feet and then back around we're not exactly sure how far we're going to go down but we want to incorporate most of the backyard into the fenc area that fence would be compliant with the uh thank you I'll take it as another culation yep absolutely can can I ask about the pictures that were provided these aren't the pictures right yes pull them if you want to just describe them go back there so there are two photos I guess one were of those taken and who took them uh the engineer might piing these probably last year or probably that's just a view from their from the existing patio going out so essentially what you're looking at there is looking at where the pool set and then land keep around it and the backrop still be the same with back nothing's changed since the pictures were taken it's still the same no then I have pictures from today of trees on the other side from another one of the other questions as well yeah these these extra things that we brought were all based on the comments that were made and any of those trees that are kind of right behind the house are those being removed or REM so there's one there's one tree that's being removed um and that's actually if you look at the concept plan I you'll see there's uh in the deep end there's a little black circle that's that's one of the trees uh that's the onlye that's an everything else on the property we want to preserve any qus with uh either relocating or replacing thate they're putting in more anyway okay that's great it's been a long week guys I hear tree removed and I automatically my the two photos are provided it appears that you know there's very well coverage everywhere and this I assume was during the summer so you use the pool I'm assuming that it's you can't see even your neighbors looking at these pictures you can't see anything none of that is being removed of course even the winter time it's still very wooded so can you see his my neighbors yeah yes I can you can see his yeah where can you see it from uh you're in your backyard when you're in the backyard you have to be on the east side of the property is that the neighbor that would be able to see your pool yeah really because of the way that the houses are turned or the lines the or in there a fun screen there how much screening is there I mean what we want to zero in and is do we need more screening between your two to see the pool you won't see the pool at all from you won't that's one of the reasons why we place the pool where it is on the design besides being close to the house for visual um queue is that it's tucked in behind the house so that really how as it's designed no see it unless you're in the backyard was there a conforming location that the pool could have been located and if so why did you choose this location so the only the only conforming location would have been all the way to the East and actually Mr slid letter I think States at 85 ft towards the east which would actually make the pool more visible um from the neighbors so really the only logical place to put the pool that it's tucked in private and also you know visually accessible from the home owner house was what we had design they don't want to see they don't want to see their neighbors as much neighbors want to see them maybe for safety reasons a little closer to the house with the absolutely yeah they want be able to sit you be in the kitchen look out the window or be on the patio look out and see the kids make sure did you talk to that neighbor at all yeah I've spoken to him a few times and he said did they say anything about additional shading or worrying about seeing either pool they're there probably three months out of year I'm sorry they're what they're not there very often they go back to England and then their uh kids actually live the daughter lives three houses down on Liberty Corner Road so they're there quite a bit so you didn't hear any concerns from them about your no we have spoken to them about it they're like enjoy your pool they're like we have a pool we don't use it but the daughter has a pool as well they all you'd save you a lot of money if save a little money exactly um okay um additional questions from the board just to be clear it's the lot to the south of yours that is uh yes uh number 52 I got you oh how number 52 anyway yeah yeah but it's lot 50 okay great just just wanted to confirm thank you okay I kept staring at lot 42 and I couldn't see how they could see your okay yeah Mr slly do we want to go through I think we touched on a number of your points here so one two three seems to be facts I think we hit five I think we hit six maybe seven yeah uh looking at my February 21 2024 memo number seven is just a standard comment about storm water management um Mr Quinn's memo has a few more detailed comments about that uh but number seven should be a condition of approval it's standard to your engineer address uh number eight uh talks about uh soil from the pool excavation I don't know whether you're planning to reuse that soil on site or truck it off site if you are going to use it on site it needs to be included in your grading plan yeah the way that the engineer put together the grading plan um a test for using the soil on site to kind of make the gra moreful okay so you agree yes abely uh number nine you know you need a certification from Soil Conservation District yep absolutely uh number 10 talks about showing the existing septic system the pool fencing and the wetlands uh delineation on on the plot plan that get submitted to the we show thatu on and number 11 is about the wetlands and Wetland buffer areas being put into a conservation ement Y no problem we'll take care of that and number 12 the best management practices for discharging pool water we will definitely comp of that um that covers uh my memo want to jump to us through Mr Quinn's sure Mr Quinn's memo is dat of February 28 2024 uh comment number one is factual uh comment number two is a for the applicant's engineer to address whether the um any of the existing runoff from the roof surfaces are are going to an existing drywall on the property yeah there's no existing drywell on the property and the um the leaders in the rear property and number thean are going to be going into the new uh number three is about trees I think we already talked about one tree being removed and a and a significant amount of landscaping being installed so you'll show that on the plan uh number four is about the fence was already covered uh number five is U about soil testing which is standard for the your engineer to provide we take uh number six uh is requesting more detail uh on the storm water piping and infiltration system your engine will address absolutely uh The Limited number seven a limited disturbance need to be shown and certified by the so Conservation District absolutely uh the height of the Pavilion I don't remember if I heard it it's under 20 under and the uh deil plans will be provided when we go for the construction permit as well right okay uh and number nine is about the wetlands and the conservation eement which is already yes thank you and I think there was also an environmental commission comment I think that asks about trees and also storm water maybe covered as well yeah the uh landscape plan is going to incorporate native Native species to the extent practical yeah we can we can add species and no invasive species for sure do we have to put that okay thank you thank you Mr uh no they covered everything so I think I understand you're stipulating pretty much everything in both those memorandums all three of them three yes yes three okay great thank you thank you are there any questions from the public this upon any testimony that you've heard here tonight any questions from the board are there any comments from the public on this application no anything else from you guys or do you want to turn it over to the board for deliberations okay thank you thank you all right you like toar maybe the um stipulations I think there's only one variance here right for pool location that's correct Madam chair at least as far as I understand one variance as you mentioned just a frequent flyer here to have the proposed pool U situated forward at the rear of the dwelling on a joining lot 50 to the South uh where you're not allowed to have the pool to uh forward of the rear of a dwelling and an adjoining lot um the conditions as uh Mr SCH ran through in his memorandum dat of February 21st 2024 as well as the conditions Mr Quinn's memorandum dated February 28th 2024 will uh the applicant is stipulated to comply with all those conditions um as well as a quasi condition that kind of arose from the environmental commission's report which was to use only uh Native non-invasive plant species and all site Landscaping um the lighting fixtures was actually on Mr sly's memo but they stipulated to that all lighting fixtures associated with the the project would be uh shielded or otherwise directed downward so not the cast spillage on joining properties and the uh the only other condition I had on top of that was that the fence that would be installed would be pool code compliant which is kind of a built-in requirement anyway but better to have them stipulated to regardless so that's about it thank you okay anybody want to kick us off here from the board I'll make a motion than you miss I see this again as a C1 because of the positioning of the homes around the property I don't think they could put spot am I write about this or wrong well I I was going to say C1 and C2 I mean it's a funny lot uh shape and the the the way the house is oriented but I throw in C2 because there is a compliant location it's a bad one but yeah yeah I guess right so C1 and C2 um I think it improves the neighborhood I'm I'm looking it looks like almost everybody El in the neighborhood has a pool including um The Neighbor Next Door um and I think it adds to the neighborhood um so I would make a motion to approve motion complete approve and direct attorney resolution motion complete approve subject to the conditions and stipulations laid out sorry thank you m thank you Mr m b yes Mr yes Mr yes yes yesera yes chair engers yesk thank you good luck with your project thank you thank you okay next next up uh is Emily and Scott Akerman ZB 23027 you good to go thanks for uh going out of order there we appreciate it Madam chair while everybody's getting situated I'll just point out for the record I did review the applicants notice here I found both the content and timeliness of service of such notice to be sufficient it was sent to owners of property within 200 ft of the subject property on January 22nd 2024 as well as uh published in the Burnsville news on February 8th 2024 both more than 10 days in advance of tonight's hearing and thus in my legal opinion the board is jurisdiction over this case excellent okay Mr aan and your kids got here too yes excellent excellent so it was good timing all around yes um so do you want to um take us through uh your application we see you're uh removing a sun room and a deck and uh we're going to have an addition yes I gotta swear me no no all good no worries so Mr Amman I got to swear you wi as well as Mr SCH and Mr Booth again even though you already sworn it's a different case Okay anybody else testifying I'll just do it okay we got enough um do all of you swear affirm that the testimony you're about to provide would be the truth the whole truth nothing but the truth to hope you got yes yes okay great and uh might as well probably a question from Mr Booth any exhibits that that are going to be presented yes okay you want to mark why don't we get those out of the way now that way I don't have to cut you off in the middle of your testimony so the first exhibit would be uh A1 uh the existing floor plan of the can I get a date for that too or do you want to just dat it today a date it today yes are these just color versions of what we already have no this is entirely oh it's brand new okay entirely new no a second exhibit which you don't have is a basement plan okay same deal dated March 3D or I'm sorry March 6 yeah okay do you want to um describe your project for us or you want to let your architect do it however you want to do this we are doing a um updating our kitchen and taking off a sun porch that is currently on the house that was there and the deck and kind of joining it all together making it more usable space that we can grow into with the family okay and the addition is going to be bigger kitchen and bathroom yes okay Mr Bo you want to um subcribe a project for us sure after you give us your credentials please oh we need do it's a whole separate case a whole separate case sorry Mr you got okay so sorry go Tigers tigers go Tigers Pon University Bachelor and masters of architecture I've been practicing since 1985 my license is stand still okay great thank you we'll accept you again in the 15 minutes still have your Li never um this is a uh Corner Lot in the R4 Zone corner of archgate and Lions Road U it's slightly undersized for the uh Zone and uh there are some existing non-conformities uh pertaining one pertaining to an existing sun room this sunro the house was built in the early 60s I think or mid 60s even earlier I thought maybe um the sun room was a later Edition it looks to me like it was built in the early 80s was there it was there when we purchased I don't know um but it's nonconforming we're going to remove the proposal is to remove that sun room it doesn't really function very well um and replace it with a a kitchen addition and a more functional mudroom laundry entry to the house um the existing structure is uh the the the corner Lots in this in the R4 Zone I've seen numerous uh many um of the of these Corner lots are nonconforming because I think when the properties were developed in the 60s and 70s geometrically the lots have similar are similar to standard Lots along the street but then you apply the 3 75t setbacks the two fronts and the rear and um and you have these kind of non-conforming situations um that was made worse so to speak with the sun room addition that that was added but the net effect of our proposed Edition will be to encroach uh another 2.4 ft into the rear yard than then currently exists so um the proposed um rear yard setback will be 61.2 ft or 75 ft is required um the existing house at the sun room is uh 63 six feet um I'm going to refer to exhibit A1 uh just to give you some context for the layout of the existing house this is the first floor existing plan and you see the sun room projecting into the rear yard um unconditioned space it's not heated or cooled and uh it's a glass in forch basically um and what it does for all intents and purposes is creates an obstruction for access to the backyard U it sort of buries the dining room or cap the dining room is captured within the sunro space um and um have kitens very small breakfast area and a twocc car garage with an entrance entrance functions to the house the objective is really just to open this up and make it more functional there's a bedroom Wing to the South here that isn't fully shown but there'ss on this level so we have the rear yard variance request and we have varant um the lot is slightly nonperforming slightly over on coverage presently will be going from 14 excuse me 15.01% to 15 propos 15.31% um the net additional coverage though is only 123 Square ft because most of the development is occurring over is replacing existing covered areas the addition itself is causing the extra overage on the um when you net out the addition it's a 394 ft addition on one floor um remove the uh when you net out the take away the existing sun room and other coverages um Hardscape coverages um the net result is 130 sare foot excuse me 123 Square ft of new coverage and that results in 130 square fet over the allow the only projection on the addition that's exceeding the current footprint is to the is that correct yes oh no no that's not correct um the if you can tell from this exhibit the sun room is uh I don't have my scale handy but uh they're both the same scale so it is getting wider it is getting wider and and and 2.4 feet deeper I can see the two on the the drawing yeah yeah and then there's additional uh an addition uh to the house in in this location as well exterior yes no there's there's the sun room Edition and then a portion of Edition right there I'm referring to this exhibiting that that's what's existing that what's proposed this is system okay this is a sunch here that's already yeah but to the left of it where the this is the house the deck right on the first FL plan on P one you'll see the sun dotted in reference and then you can see compar the line of the I'm sorry I see something I didn't know what that was that yeah the dotted references to the existing structure to be removed so so the addition is for the powder room area right a portion of the addition is to expand the laundry mudroom and powder functions at that end of the house same functions as already exists at this end of the house just a little bit more accommoda how how much of the lock coverage is the new walkway uh the walkway there's a breakdown of the [Music] coverages we're reducing in net we're reducing 79 square feet of rear Hardscape that's patio and walks um so there's a reduction in Mr Booth this is your I'm sorry to interject this is your plan set dated December 5th 2023 yes okay correct just make sure we're on the same the same thing thank you yeah it's tabulated the coverages are tabulated on a spreadsheet on S2 so you're actually you're reducing the outside hardcap yes thank you that's you're retaining way between the new deck and the existing patio some typ of stones or something yeah we were you know it's not intended to be a major feature of the backyard but it will connect those two exterior spaces and with coverage trying to be sensitive for the coverage where these are shown as 24 by 30 in stone slots and then I added up those figures to get I just want to make sure the home owner knows if you redid that some way you'd be even more over than the 15% so you have to be conent of if the landscaper comes and says I can redo that you can't really redo it unless you came back and get more understand it happens yeah and the deck is an open deck it's an open Deck with gap spaces uh it's less than 600 square ft so it is uh exempt from the coverage and it will remain open correct yeah and it's qualifies for the 50% reduction in the reir take that as a stipulation the deck will remain open closed okay any additional questions from the board this time I can't see the deck in the tab square footage of the deck are um the deck is on on the cover sheet you're right it says de and steps exempt exemp that's strictly that's strictly addressing the coverage aspect of it but the on S2 it looks like it's growing ask okay so the well S2 also an area standpoint is U not indicated right that's consistent um the deck dimensions are shown on page one of the architectural set which is the third sheet um the deck is proposed 152 by 16 ft um how is it today it is um that is a reduction in the size of the deck I uh believe it or not I do not have an architectural scale with so I can't um but it's bigger the current deck is smaller than 15 the current deck the current deck is larger larg this is a smaller de I just couldn't tell from the lines you're sh the dimensions are shown from the proposed de the existing deck is not measured is not right dimension on and we don't um on these plants anyway see any trees that need to be removed for this um addition no trees um you have there are three locations on the survey um that exist and none of none will be removed not a required to be removed byos did you talk to any of your neighbors about the project did you hear any concerns about your um no concerns that you want to share with us no you said you heard no complaints no complaints okay have you previously heard any complaints um around your minimum yard setback where your sun room is now no you haven't how long have you been there eight years eight years thank you could I at this could I at this point there's one other piece of testimony I'd like to 100% I wanted to present this towards the end of this hearing but I have a an amendment that I would like depending on the board's um how you're going to uh make your determination but I do have a request that would add about 65 square feet of additional coverage than I have shown and I can give you the percentages and square footes but I'll show you why okay this has this has come out as we're starting to develop sorry could you just so you said 65 ft square feet yeah of additional coverage so what I'm going to I I would propose to amend the application the 15.31% lock coverage would go 46 if the board were changes um this the application is still stands on its own but this is something we would like to accomplish um and as as we're starting to develop preliminary working drawings and understanding certain challenges with the construction aspect of this I'll just refer to uh exhibit A2 which is the basement plan that we're to um the uh we got we got exhibits in the beginning yeah no this is aone yeah I asked Mr Bruth at the beginning of the hearing to do them all yeah yeah KN head so this is a diagram of of the basement of the house and the existing wasteline the sanitary line wraps around the back it's noted in green here it wraps around the back wall of the basement and then exits out towards archgate uh so it goes around three sides of the basement it's at about it's pitching but it's at about 4 feet off the basement floor so it's sort of it prohibits any access from this the existing basement into uh a prop a proposed storage I'm not even going to call this a basement because this but under the addition the grades are such that there will be about 6 feet or 6 and2 ft height aailable the kitchen I'd like to get to it from the house U I can't really do that like crawl space type yeah I got you so what I'm inclined to do is because the driveway is about 6 feet below the first floor level of the house I'm already pitching down to and then rather dramatically down to Lions R um we have an opportunity to get an an exter entrance uh into this space which would be for storage incidental storage um there's no shed on the property we don't have you know just offse furnishings and stuff um and um also because I'm going to plumbing and other mechanical elements in the ceiling of this space would be good to have efficient access to it were to construct a a short walkway under the deck uh I ideally it would be hard state in some fashion rather instead of walking under Stone Crush Stone bed so this is the 65 Square ft that I would hope the board would uh approve in addition to the documented request how tall is the deck the the deck uh the deck is 6 feet is about well the driveway is at U the elevation of the driveway at the garage doors is 297 and the first floor of the house is 305 so that's excuse me 298 298 at the garage door uh and 305 in the house so I've got Sixt from the floor to the first floor of the house so when I'm approaching from the driveway side I would have to have one or two risers at the initial state to get to go step down to where you're not over but then I would have or 6 and clear here and that would give us access to basement to do that would you have to build a retaining wall might twoot dry L wall on one side um but it's all under the deck this is just for utility um so if if if I don't have an access in this location then we'll have a a hatch like you do through cross space and I we'll open a hatch and go to the other side fall down a basement so that's all I'm trying to theine right around High the back of the so you're saying I'm sorry to interject you can't really access that area below the proposed addition from the inter cor safely yeah so this would be a secondary just storage space try to understand yeah OPP yeah it's just you could use it for storage that yeah it's just empty it would be dead space that's we're just trying to get more space the grading of the property the water goes towards Lions yes goes towards Lions currently do you have any water problems currently I don't thank God some of the houses down neighbors think you have any no no no no no it's not us it's like further down on lions we see some water backups okay but your water especially in this area that we're talking about goes out to the street yes okay that house is pretty high up on theill I'm up on the yeah so is the the new B floor the same level as the existing basement floor or is it up higher I would I was planning on having it about a foot higher the uh existing basement has a s foot clear height right and all we need in here would be Sixt so if this is not this doesn't win your favor then we'll just have a crush Stone bed under the deck and you'll just have to Camp through that yeah to get to get the door yeah wouldn't that still be coverage Dave if they have gra would that count as coverage if they if it's a walkway it's coverage by definition cover crushed or not walkway but does that mean that if you don't have to have like you could have a door a back door that opens out into the grass yeah if it's an undefined walkway it's not coverage so in this case if you're talking about the gravel that you would throw under the deck right uh just as a ground cut I would say that would not be counted just because you were walking out a door onto it if it's not a defined walkway okay it would be the same as you're walking out into the grass gotcha that's that's what we do so people put cers down that makes it coverage but the gravel is not because the gravel's primary purpose of serving is a ground cover may as well be mulch it's will be grass we wouldn't count it right um in this case it's just like walking out into your yard on the grass unless you define it as a walkway with some noticeable physical difference from the surrounding area and that's what ideally would be the the result to have some kind of it wouldn't really be a high traffic area that it would you know get to the point where asking for 0.15 additional percent lot coverage right 015 over the original yeah 5.31 to 5 okay thank you are you g to have a drain in that because you got a couple steps down you got do something of drain sorry I didn't hear your question a drain for that area want to access and I'm assuming the reason you don't want to deal with the sewer pipe in the house is because you'd have to dig the front lawn and drop the grade of the pipe chop the basement it could be done but it would be extensive anyone that do I don't know just saying right that's true yeah okay any um other surprises for us that's there okay I'm sorry that was original but this is because we done more Discovery Well we'd rather have it come up now yeah that's why that's why it's coming up later so okay um Mr Sly do you want to do we have anything that's not covered in yours I think the only thing that wasn't covered already and I'm speaking about my memo dated February 21 2024 and also Mr Quinn's memo dated February 28 2024 is we both had a comment about the um soil R sement control plan being subject to review by the engineering department um the applicant already addressed the fact that the proposed deck is going to be an open deck um and that was it as far as the review Meo and the environmental commission had a memo too I think their main thing was tree removal and we heard that there was not going to be any Dave I hate to put you on the spot because I this is more like Tom's area of exper but the additional impervious coverage of the requesting here um would that trigger the need for any additional storm water thing by ordinance no it definitely doesn't Tri trigger any our ordinance compliance issues and and Mr Quinn actually commented that the uh I think he made a comment to the effect that the U the originally proposed coverage was minimal and uh concluded there's no discernable impact right right and could draw conclusion a little bit of extra I know you said you weren't removing any trees are you adding any additional landscape you've done a lot of land yeah we've done a lot of Landscaping on the property already I think there was an environmental um commission comment as well just to keep in mind anytime you're over prous coverage adding native um plants or shrubs are helpful we would love to for water so if you keep that in mind absolutely um let me just throw this out there it being that he's not here unfortunately our our board engineer um would you guys be willing to stipulate to a condition you know if the board were to approve your additional impervious coverage um a condition stating that the the board engineer would basically had final say just reviewing making sure that no additional storm water uh control measures are necessary and if so you guys would kind of work with him to to install those and everything that of stuff sounds good to me okay how about we make that the engineering department I mean to send this off to Mr Quinn it's going to get reviewed by the engineering department anyway if you have that extra note in there the engineer will otherwise he wouldn't look at it for the amount of coverage it is but okay to have that condition okay just want to make sure it's specifically stated thank you any other questions from the board this time any questions from the public public are there any comments from the public on this application for against also see one um do you have any uh other comments for us or you want to turn it over do you have any questions before no no good did we ask a question just regarding the exterior I don't know if I heard it just the exterior is going to match the existing house and oh and colors okay you're stipulate to that I assume as it's thank did we find out who took the pictures and when and are they representing the current conditions I took those uh last September today okay anything else for us you want to turn it over one more um sorry I should have got this before um any lighting picture is going to be installed either on the out on the outside anywhere I think it's going to be whatever scon is be facing down facing down another stipulation okay thank you you want to summarize us we have an amended application so from from what I understand uh there's four variances two are pre-existing the new ones are minimum rear yard uh setback and maximum lot coverage which was adjusted higher uh by 65 square feet the board was inclined to um allow that at 15.46% correct I'm sorry so okay so did you say I did okay so as M chair said yeah 61.2 rear yard setback variants being sought as well as a uh amended request for a 15.46% lot coverage ratio uh fly real conditions being stipulating to providing further soil erosion and sediment control measures uh that was from both Mr SCH and Mr Quinn's memos um oh U also Mr Quinn mentioned a couple plan revisions uh just to indicate that the proposed deck would feature an open design any reservations about fixing that up okay that's all I really had as far as conditions from professionals go and then as far as conditions that came up during the hearing the first one well uh I guess already included but the the deck will remain open won't be enclosed uh pent um The Proposal will be subject to further review by the tanip engineering department for storm water compliance uh the exterior of the proposed addition would match the balance of the exterior of the existing dwelling and any Associated lighting fixtures would be directed downward or shielded so as not to cast spillage on other properties and I believe that's it if anyone's aware of anything I'm leing out no okay thank you okay any um comments or or motions from the board I'll comment mam chair thank you um I think the plan makes the house more functional um it's not out of character for the neighborhood no detriment to the zoning ordinance even with the amended application with the extra 65 Square ft and we're still less than half a percent over the allowable interv which I don't think is very much I'd be in favor of that and I don't think it would cause any additional water issues to the neighborhood or anything that effect I would be in favor of the application I'll make a motion if no one has any other comments yeah I guess I I'll just make one other comment um just from the impervious coverage standpoint you know we're always very mindful of impervious coverage for for water reasons even if you're not having a problem it could be a problem somewhere else um so we'll ask you to keep in mind perhaps the um you know any planting that you you do planting helps native trees help um and also from um the addition that that you asked for the storage space and I agree it makes sense to be able to access this storage space in a safe way uh and not move um that sewer line but the waistline but I'll just ask you when you're thinking about that if there are better ways to do that you know for for example Stepping Stones with grass in between since it's not going to be a heavily traveled area is probably better than you know a solid brick walkway just think about water from that that perspective but I I agree I'm also comfortable with the numbers that were laid out here then I uh move to deem the application complete and advise our board attorney to draft a resolution memorializing our decision to Grant Thea relief subject to the stipulations AG this evening by the I'll second thank you C1 and C2 thank you Mr that too thank you m keeper M bman yes Mr CR yes Mr pavloski yes Miss poar yes Mr K grey yes Miss Herrera yes chairwoman J yes you okay thank you thank you and thank you for amending the application up front it's always better to to get something and and get the board comfortable so that's helpful okay next item on the agenda is CI if I'm pronouncing that correctly um and if I'm not I'm sorry uh ZB 24001 good evening my name is Anthony sparo I'm an attorney I represent the kis uh they're here tonight uh for uh variance relief they are purchasers under contract of this property they seek to construct a single family home that is not the subject of this application the sole subject of this application is a uh pool that they want to put in a lap pool uh similar to uh prior application this evening this pool is forward of a an adjoining property home the principal dwelling and as a result variance relief is necessary the application is somewhat different different than uh the one that was originally submitted it differs in three respects uh first the this application now consists of two lots lots 30 and 31 we're proposing to merge those lots the net effect of merging those lots is to eliminate the need for a lot with variance that has been eliminated uh we also relocated the uh house some 7 and 1/2 ft that results in the elimination of a side yard or rear yard setback variants uh in relation to an adjoining property uh the um those are the Third change are the changes to the Landscaping plans as originally submitted we showed some giant Arbor in the rear to screen the pool that's been amended uh with a plan submitted by a licensed landscape architect that uh shows a full complement of landscaping to uh buffer not only only the pool from the neighbors but the neighbors from the pool that is pretty much the nature of the application we have three Witnesses this evening Rudy Holzman who is our professional engineer Charles UL Charles ulano who is the uh landscape architect and Errol Kaji who is the purchas one of the purchasers under contract so without further Ado we don't have any children here this evening that that we have to accommodate although some of us are getting up there in years so we're pushing our bedtime but in any event we'll uh start with Mr holsman Mr Holman uh Mr everybody rais their right hand yeah let's get everybody sworn in first Mr SCH so let's get you as well so we got one two three four and are you are you gonna SP C okay oh he's got you okay I got you all right so all of you swear affirm that the testimony you're about to provide will be the truth the whole truth nothing about the truth so help you got okay great thank you and I just would just point out for the record real quick Mr sorry not to deril you um just my quick statement regarding to jurisdiction and notice notice is good I won't go through the long long form of it but it was mailed out on January 24th uh and sent and published in the Burnsville news on February 1st uh both the content and the timeliness of service at that notice I deem to be sufficient to give the board jurisdiction over this case um so that's it with jurisdiction before we get into it Mr Spar do you have any exhibits you'll be presenting that we haven't already received no okay so everything we're going to has already been submitted to the board of heads okay great thank you don't want to r in the middle of proceeding no worries please and if we could just have oh your case I'll let you go ahead I'm sorry it's been a long long day mrar yeah uh Ry why don't you provide the board the benefit of your uh training and professional experience I'm a licensed professional engineer in the state of New Jersey have about 20 years experience in Land Development and site plans um I testified in front of this board and I a Bachelor of Science and civil engineering Virginia Tech your licensed a good standing in state New Jersey yes you're employed by uh yanak conille and ERS correct all right uh and you're familiar with these plans yes why don't you take us through the plans if you will uh this plan here um I'll start with sheet two of the plans a single family uh proposed dwelling um with a long driveway uh that's received approvals from the D um but we're here for um for the pool um this is sheet one of the plans which shows the adjacent Lots um our proposed hous is here the proposed inground pool the patio is located in close proximity to the proposed Welling however in Lot 29 we're not be the rear um building line of that lot so we're here to seek relief um from that provision in the ordinance uh as you can there's no location on the enti lot where the conforming pool could be placed as part of this plan is any of that usable land in front of the house I'm just try to understand huge area there the uh Wetlands line um is this this line here so this whole area is covered I think the record should reflect I he was part of our submission that these Lots were created by subdivision in 1986 and that predated by one year the wetlands protection act uh as a result the DMP ultimately issued a waiver we delated the wetlands but they issued an exemption to allow us to build on this lot otherwise there was just no way to construct on the property they also issued a general permit for the driveway and the utilities access that the only Uplands on the property is to the rear but the only way to get through it is to cross the wetlands that enumber the front of the property it also explains why the house that is next door that is also that is on a flag lot is all the way to the rear because there are wetlands that encumber the front of that property as well that's why we are that's why the improvements are proposed where they're proposed and that drives the location of the pool which is the subject of this application which is the only usable portion that allow you to use exactly and the pool complies with all of your setback requirements it's just f in relation to the house that uh is on the adjoining property Lot 29 I'm sorry Lot 29 is the property we're speaking of that's the joining property yes we're merging Lots 30 and 31 which is the pie shaped lot to the to the to the north I would say more to the West is that a shared driveway or separate Drive yes it'll be separate sear next to each other yes yes Rudy why don't you uh take us through Mr Quinn's report there were some technical comments that yes I've had I've had a chance to um look at Mr quin's uh review letter um some statements and um the comments um will be able to accommodate without any um sign any change to the layout of the uh of the plan comments four and five uh address storm water runoff and how you're going to deal with that and um I believe that Mr Quinn's asked for some additional calculations but it's my understand understanding that you spoke with Mr Quinn and he was comfortable with uh securing those additional calculations as as a condition or whatever if the board was to act favorably on the application that's correct and and we're comfortable provide quantifying the uh the calculations that he's requested okay comments 6 through 12 that appear on the last page of the report are all technical in nature and uh we stipulate to all those comments and complying with those uh recommendations great thank you is there anything else you'd like to address I just want to add that you know the screening is proposed and Landscape designor will provide more information on on the screening but you know the screening will be located to the rear of the uh limited disturbance on on the9 of your car parking area andage yes they have aach garage I meant on the house portion on the house portion yeah my understanding is the front face is this this face closest to our lot mam into that house you can I'm sorry micone yeah um but could you re rephrase your question I didn't exactly understand what understand what the back of your lot is facing oh it's the side of that house the entrance the entrance to that to that uh to this house yes is to the back I is is you could point on this one yeah it's it's right back back there this is a little porch with steps going up so they are their cars there but the entrance is right there okay yeah their their kitchen looks out to that uh to that to the their kitchen looks over where their cars are correct and then into the back of correct and to add to that I I you know met with Ed and Helen McCormick and showed them the plants and uh very happy they're very happy to have a neighbor in and in a lot that has stayed developed for years and uh unkempt and so very nice couple and just like them we're hoping to build our retirement place there and uh and so that's uh that's all and and they they you know we've been working with them about the driveway and the any concerns about the driveway about screening about anything that they asked you to consider when you do this no as a matter of fact they told me that they actually bought some uh some plants to uh put their own screening around uh we talked about the driveway they they have a gate that actually infringes upon this lot at right at the street and they're going to have to remove that we talked about some various options there but uh all in all it's a very Cooperative couple uh and uh and I you know I think they're going to be good neighbors so I don't think there's any issues there uh no no water runoff issues because they're higher than us a little bit um yeah they didn't own a lot they didn't own that those two lots no they're not that's right that's right those those lots changed hands a few times but no been sale I mean for sale sign all time yeah yeah yeah it sat you know undeveloped for a long time and uh were're the the fools or the the smartest guys we don't know which one yet we'll find out one way or another have a similar lot while you're up here um why don't you tell us about the LA pool and and why you want a lab pool for your family well I think maybe my wife should speak to that if you can yeah yeah yeah Miss I got a I'm not I'm not no no she put her hand up I put my hand up it out the last minute I do I say I do you swear airm the testimony you're about to provide for the truth whole truth nothing about the truth so help you got yes I do thank you so much and your name Kathy kedi so this whole started because I wanted a pool for exercising so as I'm getting older um my knees are starting to fail me and um so swimming is the best form of exercise so um I used to go to my parents pool every day in mendum and then they passed um and then I joined the town morrist toown pools and I was there every single day uh trying to get a lap Lane and uh it was very difficult because there were you know there were kids and there there are not as many lap lanes available so um my husband and I were vacationing in France and we had a pool and I said we we need to buy house with with a pool this is the best form of exercise and I will use it every day and so we started um looking for property so that we could put in a pool so it's it's really uh the best form of exercise and the dimensions on this proposed pool are what I believe 15 by 5050 and it's four feet deep yes that's it all yes so you're you're not planning pool parties you're planning to put in laps no yes I'm G to be no pool parties for me but don't yes came up oh no no memberships the answer is uh Rudy is there anything else you wanted to offer um no if there's any questions on anything all right then uh unless the board has questions for either of those Witnesses I'll call it Mr Lano or landscape Ark Charles Juliano my address is 21 poed Road in mum uh I'm a licensed landscape architect since uh 1990 I uh undergraduate studies at grur in landcape architecture and my Master's work at harv Graduate School of resign um I've been before other boards uh planning zoning boards related to landscap issues and water features which is really my specialty um the theis are actually friends of M and do some design work on their home previous home and they asked me to participate in the plat which I think is a great idea um it's it's rather uh close to the house um just about 10 ft away from the house the patio adjacent to it is is modest um we've uh developed a uh Mr Lano I am so sorry to interject um I just want to make sure the board accepts you as an expert we do accept you I'm sorry landscape ar landcape ar um so the uh plan I hope you have seen the submission it's a uh screening which is a bit different from the original that was placed by on their plan which showed uh Arbor treats that were somewhat along the property line um the the lot is rather heavily wooded uh up up to the property line where the P property driveway is and the uh lot 20 uh yard which is predominant uh we thought it was a bit better to have a planting plan within the Disturbed area adjacent to the pool um though the uh the wooded area needs a little help it's really been uh not maintained at all there's a lot of vines and um this kind of old growth from a field there's a lot of uh Eastern red cedar which are dying or standing dead and so the uh work on the property will probably entail some uh Woodland management uh the what was proposed are uh spruce trees which have thrived on I did an inspection of the property and there's an adjacent property on South I'm sorry say South Stonehedge drive it's the only other property their backyard would have a view uh if the if the trees that were planted on there weren't there it is a trees along that property that are fairly significant you can't really even see the house um you may be able to see that some of the pictures um the house on Lot 29 is um within relative visual view uh these pictures were taking in February 14th do you have photos yes you do okay yes so uh you can barely see the house even now what's the address of that house uh excuse me is it 99 no 9393 93 is the adjacent proper 99 is thiser and you're referring to the pool screening plan this this document right February 14th 24 yeah it says 93 at the top because the lot loops around okay it it is a flag lot that's signicant are there any questions regarding quick authentication question the photographs in this document these were taken by you they were okay great they accurately depict the property as you stated as of February 14 February 14th that's when they were taken yes okay thank you Mr Le just to clarify the your plan shows 12 Norway spruce 6 to S feet in height and eight Cherry Laurels that are four to five feet in height is that correct that is correct and and they would act as a substitute for in lie of the original uh giant Arbor V that were shown on the uh plant on the anone plant correct oh that is correct okay and the six to seven feet is at planting it's going to be six to 7even feet Yes and how high typically do they get or how much do they grow every year well the spru is actually the spru is at the will grow 2T to 2 and A2 ft um one of the things with the or to shap so it's a very heavily wed area both the Cherry wall and the spruce will thrive in shape and so that buffer will be a dense buffer would you address the lighting that's proposed uh I don't have lighting proposed but I would assume that it's going to be path lighting the level around the pool just for safety uh measures once again the pool is rather close to the house there is a um a door from the interior outside so there's code there's a requirement for light outside the doors that would probably be sufficient AB absolutely yes that that's commment for in Mr shal's report yes are the Cherry Laur Spruce deer resistance Yes Yes actually our provide here not as much know I don't have any additional question questions of this witness thank you thank you we also have Mr sly's report uh the date on this one 21st okay U and uh comments one two and three I believe are uh factual four we've addressed we stipulate to uh the comments in paragraph five about uh soil removal also we will be fi filing a deed consolidation the form of deed I assume would be subject to review and approval by um your board attorney and uh Mr SCH the any any action by the board should reflect that the pool can't be built until we know the house is being built because the pool can't be stand alone on the property and then we then we might be selling memberships but I don't I don't think I don't think that's in the cards not not tonight and we certainly will stipulate the following best management practices for water discharge from the pool uh we had we acknowledge receipt of the uh environmental commission's uh recommendation on best best management practices that's our case Mr Sly are you comfortable with your comments because address anation from Mr qu or everything was addressed for me um Mr Holton agreed to everything in Mr Quinn's memo and I I don't think there were really too many discussion items there it was all engineering stuff stipulates everything any questions from the board at this time any questions from the public any comments from the public yeah anything um anything else or are you uh comfortable turning over to the board if this turn it to the okay thank you very much thank you absolutely Madam chair thank you um much like the other full application tonight seem to be doing doubles um our favorite variants the uh pool location variance uh the app proposing a pool that would be forward of the rear of the dwelling on adjoining Lot 29 uh where that is otherwise not that's prohibited you're not allow supposed to have the uh any pools U forward of the rear of an adjacent dwelling um so that's the only variance being sought at least as I understand it additionally as far as conditions go the applicant stipulated to complying with everything in Mr schla memo dated February 21st 2024 as well as everything in Mr Quinn's memo dated February 29th 2024 and the only other addition additional condition if it wasn't already kind of encapsulated Mr schli was that any uh lighting fixtures installed would be downward directed or otherwise shielded so it's not the cast spillage on the neighboring lots and I believe that is it unless I am leaving something out that I cannot recall seeing none I think that's it all right thank you do anybody want to kick us off here any comments or motion I will kick it off and actually do the motion so uh move to deem the application complete and direct the board attorney to draft a resolution memorizing the Ford's decision to Grant the application a relief for the application on the variance I would say a C1 and a C2 probably more of C1 because of the hardship of a lot size C2 I don't see any detriments to with the shading and with the hopefully no neighbor conflict um being so close to the neighbor because of position of the house and the pool um size of the pool definitely helps in the nonp party pool I would call it and uh more of a lap lap pool and the shading of the trees at the height that was proposed and uh on the applications um so I would I don't know if say anything more except that we would um make sure the stipulations agreed upon are also included and that's it thank you Mr Krauss a second I thought there wasn't going to be a second for a second a second I think I heard Miss Balman yes uh Mr K yes Mr pavloski yes M poar yes Mr T yes Miss Herrera yes cheer woman Jers yes thank you thank you your project it would be nice to see it developed nice way thank you take the for S sign down yeah okay are there any comments from board members any comments from staff M keeper I think do we have a meeting next week we have a meeting next week on the Thursday Thursday the 14th so our next meeting is indeed next uh and and I believe we're we're only hearing signature is that right for the benefit of missar and Miss bman I think motion to adjourn motion to adjourn second second all in favor thank you everybody e