e e e e e e e e e e e e e e e e e e let get work to of vettis Zoning Board of adjustment regular meeting of April 23rd 2024 is now in session adequate notice of this meeting as required by the open public meetings Act of 1975 has been provided by the annual notice published in the home news and Tribune on December 18 2023 and has been posted in the main lobby the municipal complex on December 18th 2023 please join me in the pledge of allegiance to the flag flag United States America the nation and justice for all m'am secretary roll call please Mr OA here Mr bignell here Miss Shaw here Mr aat here Mr chabra here Mr Sero here Mr Patel here Mr Baron here Mr D here vas chair gourman here and chairman Kumba here thank you thank you Madam Secretary uh Madam Secretary M for consideration minutes of March 26 2024 for approval can I get a motion Mo approve second motion made by and seconded roll call please Mr chabra yes the motion Mr Barone yes on the motion Mr Patel yes on the motion Mr D yes on the motion Vice chair ogorman yes on a motion and chairman Kumba yes on the motion thank you thank you Madam Secretary we have two announcements uh case Z2 2020 Lamar Advertising of pen llc at 81 and 101 US Highway 1 uh applicant requested to carry to June 18 2024 also case Z6 2024 Goldberg Builders llc at 27276 Woodridge Avenue improper notice uh Reen notice is required good evening ladies and gentlemen this is a regular meeting of the township of Edison zoning Board of adjustment this Bo board is composed of Edison Township residents appointed by the municipal Council who volunteer their time and service to the board Municipal land use Law requires that members successfully complete a land use training course ministered by the New Jersey Department of Community Affairs the board also holds in-house training conducted by our board professionals the zoning board abides by the provisions of the mpal land use law in addition to our board's bylaws the zoning board is a quasi judicial land use board which differs from the township planning board under M land use law board members are required to be impartial and not allowed to discuss any case prior to its consideration before the board at a hearing all applicants have the opportunity to present their case before the board with the opportunity for board members and board professionals to question the applicant and their Witnesses at the conclusion of the applicant's presentation of their case case will be open to the public residents with two within 200 ft of the subject property will be heard followed by residents from outside of 200 ft all residents will be sworn in they'll provide their name and address and they will be given 6 minutes to comment on the application being considered without the opportunity for rebuttal residents may ask questions of the applicant the applicant professionals and board professionals the board requests that these questions are asked prior to any comments being made on the application once commentary Begins the resident timer will begin the applicant will be allowed for the opportunity for cross-examination of their Witnesses under the law the chair is allowed to stop any commentary that is repetitive where is an attempt to filibuster the board further the chair is allowed to stop any commentary that is irrelevant to the case or prohibited from the board's consideration once the public portion is closed all public comment is ended unless new testimony is presented by the applicant following the closure of the public portion the applicant will have the right of summation on their application following summation the case will go to the board for a decision this procedure has been followed by the board and is similar to the procedures followed by Boards of adjustment Statewide the mpal land use Law requires a board to engage in a balancing act and is not required to strictly apply Township ordinances zoning plan or master plan as a board of adjustment variances are granted when appropriately necessary following all legal considerations as has been the case with prior boards this board will see where we are at if we are still in session around 10:30 p.m. I ask that all applicants professionals and residents show respect to each other and be civil throughout all proceedings I ask that you withhold Applause booing or interrupting of anyone while they are speaking the chair will not tolerate any Outburst by applicants professionals or the public further since most cases are being recorded by a court reporter I ask that speakers do not speak over one another uh Madame secretary the uh first issue on the agenda case number z29 Sor I'm sorry M secretary sorry we have um we have a consideration by the board of a resolution uh appointing bini sha for the year 2024 to serve as the board attorney I make a motion to approve appointing uh bini Shaw attorney at law for the year 2024 I'll second motion made by Vice chairman o' Gorman seconded by Mr dve roll call please Mr CTO permed yes on the motion Mr CH yes to the motion Mr Baron yes on the motion Mr Patel yes on the motion Mr yes on the motion Vice chair Gorman yes on a motion and chairman Kumba yes on the motion thank you congrat thank you thank you uh and uh the board will now go into close uh session uh for stipulations of court order for the April 5th 2024 Quick Check decision that's in reference to case Z28 2022 can I get a motion to go into close session motion to go into close public session second motion made by Vice chairman o Gorman second by Mr Patel all in favor signify by saying I oose nay the eyes have it the board will uh adjourn to uh close session we should not be long thank you famous last words we should I'm just going to ask you that you you uh designed e e e e e e e e e e e e e e e e e e e good can I get a motion to return to public session motion to return to public session second motion made by Vice chairman o' Gorman seconded by Mr brone all in favor signify by saying I I oppose nay the guys have it we're now back in public session Madam Secretary first case on the agenda please case z29 2023 Tuan nen at 23 Skyler Drive applicant is seeking bulk and use variances to construct a second story Edition and one car attached garage on the existing single family dwelling the following standards have not been met sidey yard setback required is 6 F feet proposed is 5.5 ft both side yard setbacks required is 18 ft proposed is 11 .33 ft maximum F required is 40% proposed is 48.4% maximum imperious coverage required is 40% proposed is 48.4% affected property is located in the RB Zone designated as block number 16.05 Lot number 21 on the Edison Township tax map all noticing paperwork is in order thank you very much good evening Mr sh good evening Mr chairman members of the board my name is Bernard Sher with the firm of conver conver and Shire representing the applicant owner Tuan Nan regarding property located at 23 Skyler Drive uh also designated is block 16.05 Lot 21 on the Edison Township tax map the property consists of a single family home in the RB Zone uh my client has lived there for 10 years uh in the neighborhood and uh it was an old single family home when he purchased it he's done a beautiful job renovating the existing uh old home which was completed about six months ago uh he now has a newborn uh that is four months old and uh needs another bedroom uh so he is proposing the addition of a garage with one bedroom above uh it requires a uh an F variance uh the permitted is now 44% uh he's asking for 48.4 uh the uh variance for one sidey yard and also for the combined sidey yard uh he does not need uh a variance for the uh total impervious coverage uh since that was pre-existing he's only uh looking to build over existing pavement uh the uh he does need a variance for the building coverage uh which permitted is 25% he's seeking 29 9.6% uh the reason he's seeking the variances uh and to uh construct the renovation is he's been in the neighborhood for 10 years uh his family has made friends uh they want to stay uh he has three children uh with the newborn and needs the one more bedroom uh the garage uh as as you'll see from the photograph of the existing uh house uh the garage is going to be where he Parks a car anyway uh and it will now have a you know garage for off street parking which is a positive thing uh with the bedroom above uh the home is beautiful as you'll see from the exhibit that's going to be uh put into evidence and uh the of course the addition is going to match uh the existing renovation uh the architect who did the original renov ation also prepared the plan for the garage uh and one more bedroom uh the neighbors uh are here uh four of them in favor of the application they'd like his family to stay also they've all become friends over the years um I have with me Mr ngoan uh William Duran the architect and John Dupont the uh engineer and planner for the application uh unless any preliminary questions I'm ready to proceed does board have any questions Mr sh seeing none floor is yours right I call Mr nguan Mr nguan would you raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth so help you God yes and please State your full name for the recordan nen Mr way if you just bring the microphone Podium just closer to this we have to lean over this way we can get you on the audio gotcha thank you so much uh Mr nen uh you're the uh owner of 23 Skylar Drive uh and the applicant on this particular application correct yes correct and how long ago did you buy the house uh we move in uh 2013 all right and you've lived there 10 years uh consecutively yes uh and how many in your family uh as is right now we have three uh two girls and a newborn uh and your wife lives there with you also correct yes including us so five okay uh and uh you need a new bedroom because you have the newborn correct yes uh the uh uh you've already done uh a renovation the house was an old house when you purchased it correct yeah and you've done a complete renovation uh as is shown uh by the photograph I'm showing you correct yes uh and uh we can mark that A1 I assume Rachel has a copy uh and you've uh you hired the same architect to uh prepare uh an addition consisting of a garage with a bedroom above correct yes and this garage will be where you park a car anyway as shown in the picture yeah where the minivan is okay uh the uh uh some of your neighbors are here to support you is that also correct yes and uh you've made friends with all of them and your children have friends in the neighborhood too correct right that's the reason why we want to say I have no other questions of Mr nen does the board have any questions for the applicant okay see none you may proceed thank you right a call William Duran Mr Duran is being offered as an architect okay sir would you raise your right hand you s me swear or affirm to tell the whole truth nothing but the truth s and just State your full name for the record please William Doran and Mr Doran if you could just give a summary of your qualifications please so I've been in a registered architect here in the state of New Jersey since 1987 have my firm uh in South Brunswick since that same time uh also registered in Pennsylvania yeah I've been accepted as an expert witness in front of uh many boards across the state including this one okay and uh your license are current in good standing yes thank you so much you may proceed right uh Mr Doran you were hired by Mr NN uh to perform uh architectural work on an addition uh that was completed about six months ago on his home correct yes and uh that uh addition uh is or the renovation is shown in the photograph which has been marked A1 yes uh could you please for the benefit of the board uh explain uh what the addition is that we're seeking here today tonight we're adding about uh 300 squ foot garage storage on the first floor and approximately 200 square foot bedroom on the second floor the exterior of the addition will match the existing uh building with all the same materials Windows uh siding Roofing trim it'll look identical to the picture that you have there from an architectural standpoint uh the renovations uh are a tremendous improvement over what was there before the renovations were done aren't they yes uh I have no other questions of Mr Doran does the board have any questions Mr Doran see none thank you I call John Dupont Mr Dupont is being offered as a an engineer and a planner Mr Dupont raise your right hand you saw me swear or affirm to tell the whole truth nothing but the truth so help you God I do and state your full name please uh John P Dupont Mr Dupont if you could just give a summary of your qualifications please I am a licensed professional engineer and planner of state of New Jersey um I've served as the B of Cate planning board engineer um planning zoning board engineer for p 28 years all my licenses are in current standing I've been qualified in front of this board as well as all on throughout the state and we'll accept you this evening thank you Mr Dupont uh you were hired uh to be uh the engineer and Planner on this project by Mr NN correct that's correct could you please go over the basics uh of what is proposed certainly so um you've heard of testimony there's existing lot is 5700 Square ft lot depth of 100 lot width of 57 the property currently has a single family dwelling which is recently been renovated the house is too small for the applicants growing family as you've heard so the applicants proposing construct a single car garage with a room above it the dwelling is currently about 2300 square ft the total house after the addition will be 2731 2731 Square ft and will that will include the one car garage so there's a couple variances that are existing today and a couple we're going to uh intensify we I like to go over side yard setback required in zone is six feet 6 foot for one side 18 combined currently it's 5.9 on one side and 1788 under proposed conditions it's going to be 5.5 per single and 11.33 for Combined so making that a little more intense the impervious coverage uh required maximum is 40% today it's 48 and it still will be 48 because that entire area with the garages and additions proposed is all paved the maximum building coverage today we are at uh 25% allowed was 23 we're at 25 right now and we're going to 29.6 because of the addition and the final Varian is f allowable is 44% today we comply at 44% and under proposed conditions it goes to 49.7 so we need a d variance to prent the FL area ratio again allowable 44 and proposed 479 uh in order to get to the four variant we need to balance the positive negative criteria we must demonstrate that the site can accommodate the problems associated with a larger dwelling on the property so the primary reason for that we're overun the fla ratio is that the applicants proposing the garage in the area where driveway is today if we we have the architecturals I just going to pull up the architecture real quick currently were the were the additions um proposed thank you want to hold that for yeah you do it there so so currently right in the area where the proposed Edition is on the side of the property is a concrete driveway we're not increase any imperious covers so that's exactly where it is so the FL ratio we exceed by 222 sare F feet that's the garage area again we're not building a you know significantly too large of a home it's 222 s feet too large the project will not significantly impact the light air in open space because the minimum setbacks provided on one side were were compliant and on the combine the other the second side we're off by half a foot right so you got to have six foot minimum we have we have um compli on one site and five five on the air side we have an applicant who has um a growing family as you heard three children including a newborn that's the need for the additional room an enclosed garage space probably a good idea just to benefit I think it looks better too it's an improvement sapin has lived in the area for 10 years as you've heard wants to stay in the area establish wants to stay in Edison and that's why he's asking for this variance tonight now we looked at the neighborhood and the neighborhood currently has dwellings from our size about about 2,000 square F feet all the way up to 3,000 square F feet we've identified we had a we have an exhibit larger here on the board I think your secretary has passed them out probably be exhibit number two and just in a real quick look hopefully you have this exhibit the property in question is in green in the center of your diagram and we've identified four properties and I have them numbered on your on your exhibit number one is 25 Skyler drive just give you an idea it's a two-story building with a single car garage and an apparent sidey guard violation very similar to our layout in the sidey you have a picture you have should have pictures of all these houses too if you want to look at them the second one is 14th Skyler drive that's a two-story dwelling with a two-car garage and a fla ratio of approximately 54% I will tell you that I calculate the FL ratios based on Google Earth we didn't actually measure buildings but that's approximately 54% your third picture 228 luring Avenue right behind our property twostory dwelling no garage but a f of appr approximately 56% 234 Ling Avenue 2 and a half story dwelling F approximately 48% just a couple examples that we're propos closing is not out of character with the neighborhood we're going to fit right in we've taken the applicant's taken an older home that needed some Renovations and has done it if you seen that first exhibit you have the color photo today it's a beautiful home Mr Dupont as you're testifying um we're going to mark this is A2 and it's going to consist of five pages yes yes so that's the D variance now as far as C variances as we brief we talked about there's four existing additions somewhere increasing side yard setback allowable 6 foot and 18t on air side and combined we're currently uh proposing 5.5 and 13 oh sorry 5.5 and 11.33 feet the impervious cover allowed 40% we're 48% today and we're going to maintain 48% well we aren't expanding the footprint we're not removing any green space it's impervious today that was impervious before the first addition was done it was it was an asphal driveway before that needed renovated now it's a concrete driveway it will become a garage space so we're not reducing any green space the maximum lock coverage 23 allowed for buildings um under existing add conditions is 25% when we build the garage that's when we go up to 29% um again not to keep saying it but it's the garage area that's that's doing it we take out the garage space and we meet that requirement so the C2 analysis needs us to advance purposes of the ML and our project will advance several purposes purpose a we are proposing to renovate a dwelling in an existing neighborhood on a previously subdivided property that will meet the characteristics of the neighborhood purpose e we're not res subdividing the land not forcing additional dwelling units in we are proposing an updated home in established neighborhood that is thereby promoting the general welfare of the persons the neighborhood and the community and purpose ey we're proposing a visual environment by we're improving the visual environment by constructing an addition that will meet the characteristics of a neighborhood and you've seen the the appearance of the home it's terrific it's one of the best on the house on the blocks now this neighborhood a little bit about the neighborhood there are several homes um as we said larger couple homes being constructed you see the neighborhood getting updated so we're going to fit right in with that now now if I look at any negative criteria I don't see any detriment to the public good we have a property owner who's lived in the area for years they want to continue to keep Edison as their home and they're looking to renovate the home to meet their growing family this project will provide them with a home that does exactly that the benefits of the project will clearly outweigh any detriments and I think the granting of the variances will not substantially impair the intent purpose of your Zone plan or zoning ordinance and that's my testimony if you have any questions I'll be more than happy to thank you thank you very much Mr dupon Mr dupon I'm going to kick things off um so the variance application has let's say F proposed f 48.4 um your F certification is 47.9 your testimony is 49.7 it's 47.9 47.9 is accurate we checked that with the architect earlier I'm sorry for that miscommunication no it's okay I just want to make sure I feel like I'm balancing my checkbook here okay all right so 47 n that's that's where we're at that is it Ino okay all right thank you so much uh does the board have any questions from Mr Dupont with regard to the engineering or planning all right see none thank you thank you Mr sh that's the applicant's case Mr chairman okay thank you so much uh so we will now go out to the public if there's anyone within 200 ft of the subject property wanting to be heard uh if please approach if you are within 200 F feet you've received a notice via certified mail sir sir would you raise your right hand do you solemly swear or fir to tell the whole truth nothing but the truth to help you God yes I do okay state your name and provide your address okay my name is Robert ring I live at 20 Skyler drive and the Edison New Jersey and the way the houses are set up I'm actually the neighbor that's right across the street from to great and you can bring the microphone up just so you're a little more comfortable how's that that's perfect and you have six minutes sir thank you so much I've lived at this address for 43 years and I've lived in Edison for over 70 years I can honestly say that Edis where I live now in Edison is one of those beautiful places to where people taking each other's garbage cans we watch each other's mail if they're on vacation we do all these wonderful things together help each other out in every way and I can honestly say he's toan has been a wonderful addition to this and I'd wholeheartedly recommend that you approve this application before you because uh he's just it's just a great addition to the neighborhood and I'm I'm right across the street from it and I have no problem with it because he did a wonderful job on the house and I know that the garage will look just as wonderful too thank you thank you so much thank you for coming on Sir is there anyone else within 200 ft of subject property want to be heard is there anyone outside of 200 ft okay seeing none can I get a motion close the public portion motion to close for public portion second motion made by Mr Patel sign by Mr Cher all in favor signify by saying I I oose nay I have it public portion is now closed and I'll go to the board for decision Mr chairman Mr dve I can I I make a motion to approve this application the application has met all of the negative and positive criteria the site is suitable for the use intended intended the use is not a detriment to the public good or Public Safety as appropriate um there there are no objectors in fact the neighbors spoke in favor of this application uh with regard to any items not mentioned above this motion will incorporate all of the testimony of the applicant attorney planners engineers and members of the board as well as incorporation of all of the conditions and what is to be done or not to be done at the site was testified to a second motion made by Mr dve seconded by Mr Bron roll call please Mr Sero yes on the motion Mr chabra yes to the motion Mr Baron yes on the motion Mr Patel yes on the motion Mr Dev yes on the motion Vice chair Gorman yes on a motion and chairman Kumba yes on the motion uh unanimous approval congratulations thank you very much see you all you'll need a transcript coming no Madam Secretary next case on the agenda please case number Z28 2023 sish Patel at 239 West Street applicant is seeking bulk and use variances to construct a second story addition the following standards have not been met Max percent building coverage required is 20% proposed is 25.81% Max F permitted is 37% proposed is 42% affected property is located in the rbb zone designated as block number 9917 Lot number four on the Edison Township tax map all noticing paperwork is in order thank you good evening Council thank you good evening Mr chairman council members of the board may it please the board Bianca peras on behalf of the applicant uh Mr sharish Patel for property at 239 West Street Mr Patel actually purchased his property and built the single family home that is existing on site back in 1996 and he loves this town loves his neighborhood it really is a lovely neighborhood in a beautiful house that he has um kept very in in very good shape the application before the this evening is to construct a two-story addition to the rear so that every member of his family has his own bedroom in particular Mr Pell lives with his mother who is aging and they're looking to make sure that she is comfortable um for the remainder of her life in particular there are no bedrooms on the ground floor so this addition to the rear of the home would provide a bedroom on the ground floor for Mr Patel's mother as well as one bedroom for each of his four kids and a bedroom for him and his wife we have two experts to testify before the board this evening and I'd like to begin tonight's presentation with our architect Mr adamis Sir raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth so help you God yes I do and please State your full name for the record you might want to pull that microphone closer it's Jose adames Mr adamus if you could just please give us a summary of your qualifications yes I am uh licensed architect since 2016 in the state of New Jersey I'm also licensed in New York City um I've been practicing architecture ever since and your license are current in good standing yes thank you we'll accept you thank you may proceed Mr adame are you familiar with the property at 239 West Street yes and did you prepare the drawings that are before the board this evening yes I did and would you kindly walk the board through the existing conditions as well as the proposed application sure so I would like to just refer to the plans or so if you're gonna if you're going to bring the plans over just grab the microphone and bring the microphone with you sure thank you can I put them up here okay thank you so we're seeking a variant uh to uh renovate the home to add a two-story addition and the rear of the house um the variance that we're seeking is on the uh the rear yard um we're extending about 3 feet into the rear yard as well as increasing uh going over the um the building coverage by about 5.8% uh that also creates uh the F also increasing from 37 to4 2% um and we're the first floor uh proposed uh has an area of 683 Square ft and the second floor is 720 Square fet so the reason why we're adding uh having the addition um is to add an additional two bedrooms to the house um So currently there is an existing deck in the rear yard that deck is going to be removed and that's where the area where we're going to add the two-story addition um so we're basically having a bedroom on the first floor for the elderly mom to to be in because she can't take the stairs up to the second floor and then we're moving the kitchen into the addition as well on the second floor we have the two two bedrooms and because we're reconfiguring the the second floor to have uh bathrooms uh for the bedrooms um then we have elevations showing um how we are maintaining the existing uh look of the of the house with the addition um we're basically having the same sighting Windows Doors everything to match the existing um and uh in the front you can see the renderings of the rear showing the addition uh on the property so you can see how that will look um and that's it thank you does the board have any questions for Mr damus Mr chair Mr chaer you have a question um so the new proposal for the second floor that the only way to access that is through the second stairs yes um that's correct uh for the um but there's also uh we're adding a door from one of the bedrooms because the client wanted to have access uh in the event that he needs to see his son or for any reason but the main AIS will be through that second stair okay thank you y any other questions Mr Damas is there any access to the attic uh no the the addition will just have a flat roof the attic uh there will not be any access to the attic um cuz there will be no Attic in the addition okay not a staircase to the attic uh no there will be a most likely an access hatch in the event that there needs to be access to that part of the of the roof okay thank you any other questions okay see none thank you very much we also have a plan planner to testify this evening Mr [Music] [Music] dhy Sir uh do you Solly swear or affirm to tell the whole truth nothing but the truth to help you God I do and state your full name for the record Alexander dowy last name is spelled doou g h rty professional planner and Mr Dary if you could please just give us some of your qualifications certainly my educations at our rocker blouse team with a masters in syney Regional planning concentration development and Redevelopment studies and certification and public policy I test the finance capacity in a weekly and daily basis believe I was just here recently might have been the planning board I don't know why I would be in front of the planning board it's probably about March um uh I've been accepted uh my license are current and good standing most uh the professional development officer for APA New Jersey I'm the supervising planner for the town of do um licens are current good St yes they are current all right since you're records grad and since you were here either here at the planning board they accepted you we'll take you yes you can be proceed thank you um for this evening I prepared uh an exhibit packet consisting of uh photos by drone um that were taken yesterday so pretty much real time to give some orientation of the um the proposed single family dwelling and how it inter relates with the neighborhood with this proposed edition if I could have passed that exhibit out Market sure if you could just um submitted to the secretary and um Michelle that'll be marked as how many pages are there I believe it's 10 10 pages you're going to submit it as a packet right yes so we'll just Mark that as A1 I [Applause] all you may proceed thank you uh so just start with the exhibit packet here um slide one if you will is the uh existing uh dwelling as it St today real time photos were taken bottom right uh April 22nd um as we discussed the property is in the rbb zone this is block 9917 Lot 4 239 West Street here in Edison as you see it's uh got great curc peel wellmaintained as you heard the applicant built this uh in the late 90s slide two we take the Drone out a little bit for some uh context of the neighborhood um and what I like to point out as we kind of flip through these uh is character and style of the homes they do vary um but what is consistent is that curb appeal with that twocc garage narrative out there um for slide one I want to just point out the uh the magnitude of of the sidey Guard here uh to the left we are not seeking sidey guard uh relief um it is important to note that this application that Small Bump out is on that left hand side if you're looking at the property um as see there's a pretty large gap a large void there uh for sidey yard uh uh perspective here uh we're currently at 50 feet for both the combined sidey yard whereas 10 is the minimum for one and 25 would be the combination uh so we're at 50 for the combined uh with the proposed addition would be off that left the combined would still uh be over the minimum requirement we would be at 40 proposed versus uh that um that 25 so um that bump out Tastefully done by the uh architect and uh the homeowners is off to the left there um and it's uh just a 10- foot bump out of that existing building foot footprint um so really from the public realm the only thing you're going to notice is a a 10- foot addition off to the left in The Recess in the back uh if you look at the architect drawings other than that the curb peel the character of the neighborhood really does stay intact visually as you uh kind of come down West Street the next couple slides really are for orientation of the size and scale and scope of the neighborhood as as again it does vary slide three just want to point out the top two left dwellings across the street there fairly large and it's some of across street um again we have that two-car narrative here um and and we really are keeping with that character and design and really the next couple slides we start looking at where the proposed addition is taking place in the back on slide four you kind of see that side profile of the building one continuous wall so add a little bit of an architectural feature there with that Small 10ft Bump out on the side you'll see that rear deck um if you reference the architectural plans this proposed Edition is really taking place right where that deck is and kind of coming out uh 10 ft past the edge of the building um Slide Five again we just kind of spin that around so you get a real perspective of that side of of the uh building of the dwelling and then uh slide six is it really an aerial top down bird's eye perspective of the uh of of the dwelling um really gives you a scope of just where that addition is going and the scale uh right where you see that deck is right where the um on slide six here is where that proposed addition going U with this addition comes a few variances as outlined uh we are requesting F we do have a building coverage uh variants we're seeking and u a rear yard setback um the rear yard setback uh 30 um 33 ft is required 30% um currently what exists there now is 36 um I'm sorry would be quiet as 36 what we're proposing is um 36. 6 required would be the 33 feet so we're asking for a 3ot .16 uh relief so 3 foot 1 inch um into the rear yard encroachment um and that's right about where that deck footprint is uh in those shrubs right there uh for the F 37% is uh what's required we're seeking uh 42 I'd like to just point out that's a difference of 550 sare F feet um so we talk about the F that does include the uh Second Story as well um so by virtue of the application going up the two stories the F uh we're seeking 550 square foot um in in in a comparison uh for the F the lock coverage I want to point out the back and napkin test here from a planning standpoint um because the next relief we need is building coverage we are over on building coverage but when I look at the Lock coverage and it's in combination of all impw surfaces including the bu building we are under that lock uh coverage requirement the uh it's 40% and we would be at U 33.0 7% so though we are asking for some building coverage relief collectively the lot coverage we we're well under that um and that when we look at that is um 762.54r and uh we're at 25.81% an acting test here for that f as we just heard previously is can this site accommodate the additional f um given that the virtue that is taking uh place in the back um I do believe it's not going to impair the character and the Integrity of the neighborhood and in that integration we're keeping that front facade really intact there uh the additional f um by way it's two stories the lock the building coverage really do think is is minimal it's 550 Square ft um to to accommodate really um a mother an aging mother uh from a planning standpoint we can look at the benefits of this application Aging in place is a big concern in in any Community where do we put our seniors where do we put our parents um in a community that you love and you know very well um and having keeping that CORE family nucleus intact is certainly a positive that can be felt in any Community um this is a positive investment to the site which should be felt throughout the neighborhood not just here on the site um again keeping that character in that Corridor intact visually is is um good purpose eye for desirable visual environment there's really no substantial change to the the elevations of the property coming down West Street um the rear yard setback I really do think is the Minimus as well as the uh building coverage we are over on that but our loot coverage were under so I don't think there's going to be adverse impacts felt by way of uh um storm water management or any you know adverse effects by way of reducing the uh impervious coverage because we are under that by issue of the 700 uh Square ft to 762 Square ft from a planning standpoint I do feel there's a lot of benefits to this application I think when we look at this uh proposed addition it was uh well thought out um to the rear um minimum impacts visually and again over an existing deck in the back uh and it's for a growing family a family that's been in the community for for quite some time um there's no adverse impacts felt with the building coverage um I think we can look at this application with many positives with little to no detriments advancing purpose a I and I believe uh M for a more efficient use of land uh if we could keep the family intact uh with that I'll conclude I think the board can look favorably upon this application and I'll I'll rest there the statutory criteria has been met for the F the Cy can flow function operate efficiently this addition will be built to all appable building of fire codes and it has appropriate uh adequate space uh for growing fish family thank you very much uh does the board have any questions Mr D yes um you putting this addition where the existing deck is correct correct and you are not adding any more deck on on the property no okay so right that's about thank you Mr D any other questions all right thank you very much Council we have no further Witnesses Mr chairman but I do want to thank the board for your time and your consideration on this application okay all right thank you so much now we go now go out to the public uh we will start with residents within 200 fee of subject property we want to be heard if you're within 200 feet you received a notice uh via certified mail with regard to this case seeing none we will now go outside of 200 feet of subject property wanted to be heard seeing none can I get a motion to close the public portion motion close public session second motion made by Vice chairman o Gorman second by Mr Patel all in favor signify by saying I oose nay the eyes have it public portion is now closed council do you have anything to add before we go to the board Mr chairman Mr D I I make a motion to approve this application applicant will comply with the any of the engine's report as well as the building department the construction requirements um this is a very dious request is not detriment to the neighborhood and not out of character with the neighborhood our applicant has no intent to add any additional replacement deck on this property and there are no objectives for this application by Mr dve second by Mr Patel roll call please Mr Sero yes on the motion Mr chabra yes to the motion Mr Baron yes on the motion Mr Patel yes on the motion Mr D yes on the motion Vice chair o Gorman yes on a motion and chairman Kumba yes on the motion approval is unanimous uh is your is your is the applicant here they are here they're here okay congratulations you're approved thank you thank you so much enjoy just good all right Madam Secretary next case on the agenda please case number Z4 2024 melind and Bal Shaw at 11 Phoenix AV applicant is seeking bulk and use variances sought to construct in addition to the first and second floor to the existing non-conforming single family dwelling the following standards have not been met single family homes are not a permitted use in this Zone affected property is located in the LI Zone designated as block number 760 lot 101 on the Edison Township tax map all noticing paperwork is in order thank you Madam Secretary good evening Mr moris good evening Mr chairman members of the board my name is Kevin moris attorney Woodbridge New Jersey appearing on behalf of the applicants uh millon vile Shaw the subject property is block 760 lot 1.01 located at 11 Phoenix Avenue and again we're before you this evening seeking you recent bulk variance approvals for the proposed construction of an addition to the existing single family Residence at the property the property is located uh believe it or not in the LI industrial Zone I can tell you that I was last before this board on a similar case with Mr valetudo one of my Witnesses at 16 Phoenix Avenue across the street where an addition was proposed but we've got a residential Zone uh in an industrial area and we're quite similar to the cas just that was just before you you'll hear testimony in this regard uh the shaw uh moved to Edison into that house in 2008 they moved from Jersey City uh to seeking a better town a Suburban lifestyle and they love living in the town Mr Shaw's parents are elderly uh they're staying with them now the second floor doesn't work and the proposed addition is really to construct a bedroom for them on the first floor where the garage is now uh and then build a recreation room on the second floor so the folks can have an area on the first floor but the rest of the family the Sha have two kids and also have a separate area but also they want to have a garage so part of the addition is to uh put a new garage where the old garage was which would be the proposed bedroom for the folks downstairs so uh I have three Witnesses Millan Shaw sitting to my right one of the pr one of the owners I will have Angelo valuto who is my professional engineer and planner and I will have Al Andor who is our licensed architect so I just want if we could swear in Mr Shaw just to confirm everything I've represented to you under oath and then I'll remain here for any questions but just want to get that on the record sir absolutely M sh would you uh raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth so help you God yes you can pull the microphone closer and state your full name for the record please uh milin sha 11 Phoenix Avenue Edison New Jersey right now Mr sha you heard my introduction to the board and the substance of the application and the reasons why you are proposing this addition is that correct yes is everything that I have introduced to the board is that all accurate and would that be your testimony yes definitely and your folks live with you now correct yes and it's a difficult situation because they're elderly and trying to navigate from the second to the first floor creates some uh ambulation issues is that correct yes especially my father yeah all right so if you have them on the first floor um they won't need to use the stairs and you've heard me specifically the second floor Recreation Area that's because uh your boys uh your family yes want to have an area so that your folks can use the other living room downstairs correct yes yes my parents they primarily use the living room on the first floor so you know kids sometimes they want to watch a different TV you know have friends over and so forth and they'll have the recreation as proposed on the second floor yes all right so that I just wanted to confirm the purpose uh sha are here his wife is here also unless there are questions at this point I would have him stand down with your permission and I'll have our professionals get into the substance of the application let me just check and make sure that nobody on the board has any questions Mr Shaw is anybody on the board have any questions Mr Shaw see none okay thank you so much you may Pro you Mr Shaw so I would next call our architect Al Andor thank you right he's testif from in case sir would you raise your right hand do you Solly swear or affirm to tell the whole truth nothing but the truth to help you God yes I do and please State your full name for the record Albert Andor o n d a r and Mr Andor if you could please just give us a summary of your qualifications I'm sorry can you give us a summary of your qualifications please oh um I'm a licensed architect in the state of New Jersey I've been licensed since approximately 1985 graduate of uh New Jersey Institute of Technology and I worked as an architect in New Jersey uh since my graduation and your license are current in good standing um you have to excuse me my hearing shot from i' I've had a CO U related hearing okay I'm sorry so I'll speak up uh your license are current and good standing yes it is okay thank you you may proceed thank you right so accepting me as our expert and Mr Andor just to confirm you've testified before many other luse boards over your career yes I have numerous boards in U Central Jersey um Oldbridge East Brunswick uh Trenton uh I mean to name a few first time here first time here I believe so un unless it was many years ago I was trying to scratch my brain if I've been here I've done a numerous projects in Edison but I don't believe I've testified in any recent years well welcome thank you you can proceed thank you right now Mr Andor you prepared a color Board of the architectural elevations and floor plan that was previously submitted with the application is that correct that is correct can you put your color board up on the easel if you would grab the microphone and uh take the board through the proposed Edition okay all right so Mr Andor are you prepared the architectual plans that are before the board is that correct yes it is all right please describe for the board the proposed addition to the existing residents the addition is to an existing twostory house the addition is approximately 1100 square fet uh with approximately 400 and so square feet of new construction on the first floor and approximately the 2 or300 square ft of repurposed construction converting the existing garage to a to a uh a bedroom for the parents and then the second floor is an addition of a game Lounge room with a bathroom and uh repurposing uh modifying the existing master bedroom to create a hallway to the new addition uh for the most part there is a balcony to the rear and a small balcony uh on the front of the house to create elevation and some depth and some shadowing and and create some uh instead of it just being a flat elevation uh the addition is relative is in context with the the house and proportional to the lot size all right now the facade treatment to the addition I see you've colorized it is that uh blending with the uh existing residence as it stands yes the current house is a a beige siding a little darker beige and the best of representation the the new addition will be in context and match the same coloring and roof lines and roof coloring the shingle is a a dark or gray black roof shingle and that would also be carried over and uh matching the existing now in addition to your testimony uh you just said that it's your opinion that the uh dwelling with the addition is proportional to the size of a lot uh what is your opinion with regard to the uh dwelling as proposed with the addition Visa uh the character of the rest of the dwellings in the neighborhood the the house certainly is in proportion to other houses within I mean the the area is U sort of secluded off the main roads but it is in proportion to other structures uh in the area residential in nature it is proportional to as I said to the lot size and for the for the most part uh the addition sort of is is reflecting the needs of the owner without superseding or expanding too greatly on a lot size I what of the issues Mr sh brought up they they keep a small garden in the rear yard on that side of the property so we they wanted to maintain that so we you know we we respected those wishes right I have no further questions of Mr Andor at this time he'll be here for the entire hearings and something come up thank you does the board have any questions Mr Andor seeing none thank you next uh call Mr chairman Mr Angelo valetudo if he could be sworn please [Music] good evening good evening raise your right hand you solemnly swear or affirm to tell the whole truth nothing but the truth to help you got yes I do Angelo J valetudo VA l t t 424 Amboy Avenue Woodbridge licensed professional engineer professional planner in state of New Jersey both licenses are in good stad and I've had the honor and pleasure of appearing before this board for decades you make my job easier so thank you we accept you I I've been paying attention no at least somebody pays attention you should give give a lesson to my two kids uh and I would just want to uh seek to confirm Mr chairman I'll be calling Mr valetudo in both of his disciplines and that you're accepting both as an expert with regard to engineering and planning that is correct yes thank you all right Mr valetudo uh you prepared the plan that's before the board is that correct yes sir that's correct and one of the items that we wanted make sure is uh on the hopeful basis we get approval by this board we' then be able to uh sustain and get a permit from the engineering department and to that end we designed in a septic system of a seid system not septic uh to handle the additional runoff that will be generated so nothing will hit the ground it'll go into a piping system and go into a system in the front um and that will be ported a review by the engineering department um for this project but uh other than that it's an addition on the northly side of the building converting the existing garage into a a bedroom and their own bathroom for Mr and Mrs Shaw's the grandparents um their parents and constructing the addition two story ground floor being the garage and the second floor being of a family room all right thank you from an engineering perspective uh is there any negative impact on adjacent or neighboring properties with as a result of this proposed addition to the existing residence no sir as I indicated the two biggest items are with regard to drainage where we have our seage pit and with regard to off street parking with the number of bedrooms that we have with four on the house now there'll be one additional uh the conversion as we spoke about the garage will be a requirement of three and we'll have three after that so with those two items being addressed I don't see any uh impact from an engineering standpoint all right thank you now you also at the request of the applicant Analyze This proposed application from a professional planning standpoint is that correct yes sir that's correct and as as usual we analyze the application as you said from a planning perspective visited site U as you indicated you and I worked on another Pro project a couple of years ago in the same street uh the surrounding neighborhood has not changed since then we viewed the township zoning ordinance master plan as well as New Jersey municipal land use law and as Mr andar had indicated a majority if not all of the properties that extend along Phoenix are all residential all of which are in the lii light industrial Zone so neighborhood that predates the zoning goes back to the 40s from what I understand is that correct that's correct and the house has uh uh you indicated was built in 2008 located in the old residential neighborhood in the township the neighborhood of residence is actually located as we've said in the LI Zone which is a light industrial use and that's what lends itself to the number of variances that are existing and are part of what this application is because when you're in a zone that requires almost 2 Acres uh it's kind of tough to uh to meet that with a property that's slightly over 75 7800 square feet in which is one of the largest if not the largest along Phoenix Avenue uh so the property and the other residents around the neighborhood are all preexisting non-conforming uses which um we indicate more than likely predated his own designation the applicant's proposal to construct an addition to the addition single family requires the use Varian approval along with the other bulk of variances um many in the many of the houses in the neighborhood have been renovated including some with additions to the original homes the proposed renovations to the existing residents that this property provide an improved living space within the family within the dwelling due to the shores taken care of their parents uh the proposed Renovations will not change in my opinion the Conformity of this dwelling as being similar with the homes in the rest of the neighborhood with regard to the use variant in my opinion the requisite criteria exist that justify the applicant's requests for use variance first under the positive criteria or special reasons they look at the applicability of the use and to that we turn under the municipal land use law section 40 colon 55 d-2 in which I'd like to offer three of the criteria that we meet letter A to encourage Municipal action to guide the appropriate use or development of all lands in this state in a manner that will promote the public health safety morals and general welfare letter C to provide adequate light air and open space now with regard to that the closest Zone that this property as well as all the others in Phoenix is the RB Zone and with regard to the RB Zone we are we would be required to have a 6 foot minimum sidey yard The Proposal under the application with the addition brings it to 8.04 so while we are nowhere near the 40 ft that is required in the LI Zone and no property along this street is uh we do meet the one that's the closest to this property for the use that we have the residential letter G to provide sufficient space and appropriate locations for a variety of agricultural residential recreational commercial industrial uses and open space both public and private according to their respective environmental requirements in order to meet the needs of all New Jersey citizens and my favorite one letter M to encourage the coordination of the various public and private procedures and activities shaping Land Development with a view of lessening the cost of such development and to be a more efficient use of the land all of the utilities are in place and as seemed to be the theme at least we're the third one we represent an application for a family that has made Edison their home and due to the fact with earlier two younger people growing up ours is at the point where the shores are looking to take care of their parents uh required the additional space with regard to the particular suitability of the site the subject property in this long existing residential neighborhood is particularly suited for the proposed addition and Renovations for the reasons I've testified to the applicant is for practical purpose not actually expanding the non-conformity but rather making this single family residence more in Conformity with the rest of the neighborhood and there has been as Mr rondor has said A continuing transition for this street even though it's in a industrial Zone light industrial the people that are living there take pride in their homes and are continuing to upgrade upgraded and renovated as is evidenced by just traveling uh along the street street with regard to the negative criteria uh negative criteria requested relief can be granted number one without substantial detriment to the public good for the reasons I've Justified I see no detriment to the public good no negative impact on the adjacent properties as I indicated we're dealing with the drainage we're dealing with the amount of off street parking spaces and we are within the uh consistency of the neighbor neighborhood with regard to the development uh and number two without substantially impairing the intent and purpose of the Zone plan and zoning ordinance as the application is not inconsistent with the master planning zoning ordinance for again the reasons I've stated it is also my opinion that all of the bulk requests variance requests are really subsumed within the use variance requests which carry the highest standard of proof which I believe the applicant has satisfied through our testimony nevertheless the bulk variant is requested by the applicant are cognizable under the C1 or C or C1 or the hardship analysis due to the exceptional odd shape of the property and its location odd shap odd shape and location because it's in a light industrial Zone not within a zone that permits residential uh perpet um excuse me perpetual proc pum I'm let me go little water excuse me peculiar or exceptional practical difficulties or undue hardship would be placed upon the applicant and the ability to expand the size of the existing dwelling given the light industrial Zone standards which I indicated really are extremely difficult to try to tie in with any Resident IAL use of any of the properties along this street um bulk Varian is requested by the applicant are also cognizable under the C2 or flexible C analysis and this application meets that criteria as well number one relates to a specific piece of property the unique property upon which the existing dwelling is located again given the light industrial Zone within its located and the requirements within that zone number two for the purposes of the municial and use law would be Advanced by the deviation from the zoning ordinance for the same reasons I've already testified under the applicant's use request variance under either bulk variance relief analysis again the negative criteria in my opinion are satisfied number three that the variances can be granted without substantial detriment to the public good I see no detriment only positive benefits by keeping uh a family in here that's been here for over 16 years made it their home made it their family home and now bringing their parents into that home so that they could all live uh in peace um and number letter four number four that the benefits of the deviation would substantially outweigh any detriment again I see no detriment and the last one that the requested Varian is Will not substantially impair the intent or purpose of the municipal Zone plan and zoning ordinance and that is um what I had testified throughout my uh time this evening all right thank you Mr Val I have no further questions of Mr valetudo if there questions from the board on any aspects of his testimony thank you do board have any questions for Mr valetudo with regard to his engineering and planning testimony seeing none you left them speechless thank you sir thank you thank you board Mr Mor do you have anything to add before we go to the public they do not okay all right so we'll now go out to the public if there's anyone within 200 feet of subject property wanting to be heard if you're within 200 feet of subject property wantan to be heard you received a notice Fe of certified mail M you may approach evening raise your right hand you s me swear or affirm to tell the whole truth nothing but the truth so help you God I do and state your full name with your address Barbara Balley 17 Phoenix Avenue okay you may proceed man' you have six minutes I live next door to the shaw since they moved in they're great people I love them wonderful neighborhoods but I have to contest this they prop as it is now my kitchen window which I have three windows on that side of my house one is at my upstairs Landing stair Landing which gives no light and the other one's at my back hole at my back door so then I have my kitchen window that's the only light I get as it is I get light in there but when I look out my window all I see is the side of their house now they want to bring it closer and I I totally get the reasoning I don't really want to contest it but I have to there siding the house is going to be like literally 10 ft out my window it's going to be right there I will not get any sun if it was a first floor just a garage I think I could do that because then I would get light in there but I'm not going to get any light and again I don't want to do this but I have to it's going to affect me when I have to sell my house it's going to be an issue because they're going to be right on top of me as it is their house is already if not the biggest one of the biggest on the street I totally understand why they want to do this but I don't think it's a good idea and yes we have mixed housing on the street mine is probably the oldest but again there's is one of the biggest and I could see if they want to make the garage a bedroom for their parents I totally get it but maybe just add a garage and not the second floor which could have totally block my light my light thank you I'm not good speaking in front of people as you can tell thank you all thank you very much ma'am all right uh Mr chairman uh the question with regard to light uh I I would ask that I have my engineer and planner address that question certainly could please certainly Mr Val just remind you you're still under oath yes sir thank you um well the orientation of Phoenix is in the general north to south Direction sun comes up in the East and goes back and settles into the West so that I believe while there's a concern by the young lady who just spoke neighbor it would be more appropriate if it was the houses were East and West because then the sun would have to come over the top of the shorehouse but it's it's coming right over the top and in our opinion it shouldn't uh and as I testified and I want to make it a point that when you're in a zone that doesn't permit the use that you want you look at the closest Zone propertywise where that use would fit and in the OR B Zone which is that zone it would only require a 6ot setback and we still have slightly over 8 ft all right just just so I'm clear so when you're saying the sun comes up it's basically shining on the fronts of fronts the front facades of both houses correct that's correct okay as opposed to it coming over and having to get above the peak of a house namely the the Shaw's house before it would get the side of the house for the neighbor that just spoke correct that's correct all right so is it your test that the space between the house is going to get that sun because it's not blocked because it comes from the East is that accurate it is if as long as the Sun keeps on coming up from the East and off to the West all right thank you for that clarification and I would just uh unless there's questions to Mr valetudo on his testimony is there any questions Val Mr chairman Mr so so the issue is in reference to the um the resident that came up is next to the garage the garage is the issue that potentially could block her sunlight yes sir that that side of the house because her home is just off to the north the adjoining property so is your testimony that that garage is not going to block the sunlight it's not going to block it from the standpoint of the direction of the Sun going from west to east if it was coming up and had to go over the top of the uh Shore House it would block it is there going to be some blockage yes but so so your testimony is it's going to block the garage is going to block her sunlight block is a very strong word it's it's going to not have an impa impact when you when word block is used I think of it as almost being like an eclipse where it's going to darken it it it's not going to have that effect obviously the house is 8 feet away versus right now it's about 18 20 feet away so there's going to be different shadows but it's not going to block it to the sense where she's not going to get light into her house all right then the um the surrounding residential zones the setback is six feet that's correct sir thank you okay all right thank you um is there anyone else within 200 ft of subject property wan to be heard anyone outside of 200 200 feet wanting to be heard seeing none can a motion to close the public portion motion to close public portion second motion made by Mr Patel seconded by Vice chairman o' Gorman all in favor signify by saying I I pose nay the eyes have it public portion is now closed uh Mr Mor if you have any um additional commentary before we go to board no I believe we've uh produced a testimony that would justify the request to relief and I believe we've answered the one question from the the neighbor again based upon the orientation of the house I'm not going to belabor our testimony we kindly request that you approve our application thank you very much so we'll now go to the board one second go ahead sing Single okay Clos can we go to the board for a motion Please Mr chairman Mr D I make a motion to approve this application um and the logic behind is if this would have been RB Zone uh they get the F of 44% versus they are seeking 48.4 4% uh if this would have RB Zone the side yard setback should have been 6t they are providing 8 foot it's unfortunate that this property is an an Ali Zone uh it's not like the rest of the neighborhood which is the RB Zone um with that said the applic has all the met all the negative and and positive criteria the site is suited for the intended use the use is not detriment to the public good or Public Safety um with regard to any of the item not mentioned above the motion will incorporate all of the testimony of the applicant attorney planners engineers and members of the board as well as incorporate all of the conditions and what is to be done and not to be done at the site as testified to Second motion made by Mr dve second by Vice chairman o' Gorman roll call please Mr Sero yes to the motion Mr chabra yes to the motion Mr Baron no on the motion Mr Patel yes on the motion Mr D yes on the motion Vice chair Gorman yes on a motion and chairman Kumba yes on the motion uh 61 this case is approved congratulations thank you folks thank you very much thank you do we need a transcript uh yes should have made that before that Gap I found one extra Madam Secretary next case on the agenda please case z30 2023 PKG Builders LLC 1590 Lincoln Highway applicant is seeking bulk and use variances for a twostory mixed use building first floor commercial second floor residential standards have not been met in accordance with the master plan minimum lot area required is is 7,500 ft proposed is 5,000 ft minimum lot width required is 60 ft proposed is 50 ft minimum one side requirement is 6 feet proposed is 5 feet minimum both side requirement is 18 ft proposed is 10t maximum imperious coverage required is 65% proposed is 72.9% maximum F required is 30% proposed is 48% minimum parking required is seven spaces osed is six spaces affected property is located in the os1 zone designated as block number 381 Lot number 251 on the Edison Township tax map all noticing paperwork is in order good evening Mr Arch good evening uh thank you um board professionals um members of the board my name is Tim Arch I'm an attorney licensed in the state of New Jersey for Bob Smith and Associates and I'm here representing uh PKG uh for this property located at 1590 uh Lincoln Highway um I did hand out uh what I've pre-marked as exhibit A1 and A2 just because we all like pictures and something to look at during the presentation uh exhibit A1 is a Google Street View image that shows uh what the property looked like in the past so sort of a historic view of the property um uh since uh this picture has been taken that building uh that uh I believe was a some sort of a uh Automotive uh shop I guess um has been demolished and the entire site has been uh is now vacant uh exhibit A2 is the lot as Google M or Google Earth shows it now which is just the empty lot um this is a proposal for a two-story building with uh commercial use uh uh actually a showroom use on the bottom floor and then residential use on the second floor um uh all the uh the variance relief um that Miss rerro just um indicated on the record is correct I do want to add that based on Mr Big Nell's report I believe we also need uh a variance relief for parking setback to the street line and building where required is 15 and five feet uh respectively and we have five and four feet uh based on our proposal um we do have several reports we have a DNR report a big Nell consultant report and we have a uh police memo um before we get into testimony I do have two points that I want to point out on Mr Big Nell's report and I did discuss this with him prior to our testimony tonight um on Mr Big Nell's report he does indicate that a use variance is required because of the residential use above uh as I read the statute uh specifically 37- 3.4 um having dwelling units ancillary to a commercial use is actually a conditional permitted use or per permitted conditional use in the zone as long as there are separate uh entrances from the commercial and residential um so I believe that we do not need a use variance for that if the board feels is that we do need a use variance though I would certainly ask the board to grant that we certainly need an F variance though so we do need D variance relief Mr chairman I'll go upstairs and check my um my ordinance I don't um I could I could stand corrected if I you know if I missed it um there's three different OS zones OS os1 and os2 and there's a whole bunch of different who's permitted and what and where and so I'll look at the ordinance and see if uh if it's permitted cuz um single families only permitted in certain ones and I didn't realize that it was multifilm I didn't see that but I didn't search down into the conditional uses but I'll take a look before the meeting's over would you like to take five minutes do that now yeah that's' be fine okay all right so we're going to uh take a five minute reset I have one other one other issue and and I may just mention this on the record in case Mr bignell wants to look at this as well during during the recess there's one other um there was a buffer requirement uh that Mr bignell called out for a budding residential um I actually dug into the tax maps and it turns out that the lot uh our lot is actually not AB budding any residential it's it's because of the odd shape of the adjacent lot it actually curves around the back and envelops our lot and so we are not adjacent to residential we have uh os1 uh on all sides of our lot so I don't believe that that variance uh uh is required um either the uh the map that showed me is that what who what ownership is that in is that the in the ownership of the property behind or is that in the ownership of the property to the I guess to the right of it so uh so I do have a copy of the tax map so uh it's uh lot 241 which is the lot if you're looking at our property it's just the right it's sort of a very narrow shotgun style house it's right on the property line that lot goes back and then Junctions as a t uh across the back of our property see Mr chairman I maybe I was a little confused but um if any if everybody remembers this is the building down off of 27 that was it was painted blue and it was a mess and the guy I guess they used to detail cars in there so the only way you could get into that property was to probably that piece of property in the back so that's why I'm I'm a little confused if it's the same owner and you're combining the delat I I had a hard time seeing that off your your map that didn't really show on your map so yes so our property is 251 the the property adjacent to us again just the lot is uh and and again I can I if we want to mark this as an exhibit I can I can show this who owns that piece of property you must know that from the 20 to 200 foot list then let's do there I'm sure I could uh Mr prad if you want to look to see on uh who owns you do your homework and I'll go do mine Mr chairman and we'll be back all right works okay so do you want to admit that admit that into evidence is A1 prior to just that which's on the record I'll mark it as A3 I pre-marked to is A1 okay all right Michelle A3 A3 all right okay Mr Arch Mr Archer have Mr Archer really quick I just need I just need to get on the record you have nothing else to add before we take a recess uh not that I can think of at the moment but okay okay all right all right so we're going to take a uh five minute recess to allow for Mr Bell and Mr Arch to on the same page before we proceed that's why that's why I yeah e e e e e e e e e e e e e e e e e e e e e all right we're going to return to session you know I had the feeling everybody just needed a f minute break so apologize for that um for the record Mr Bell is correct on the uh on the need for a use variant so we would be requesting a use variant uh the residences that we are um proposing are not uh um accessory uses to the commercial use on the uh first floor so it would not be a conditional use so we do need to use variants for that and Mr Bell you're in agreement yes okay thank you and as long as as long as the gentleman the app doesn't own that piece in the back then he's not subject to that buffer okay so he'll have to testify that he doesn't own it and I'll be Satisfied okay great thank you uh since I've already wasted enough time I have two witnesses tonight and uh without any further Ado I would call Mr Singh Mr Singh would you raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth of help you got yes I do and please State your full name for the record pull the microphone G Singh and you could move the P that's on a Podium you can move closer to you the the microphone's on a Podium move closer just so you're more comfortable you can put your hand down uh g r c h a r n last name is saying as s n g uh so Mr Singh you are uh the principal of PKG Builders is that correct correct and give us a uh give the board a brief overview of what your company does uh we are a builder in Adon Township we do the new uh building new houses okay and as part of your business is building a new house one of the uh uh aspects of it that you need is you need a showroom area to show off uh different furnishings and things to potential clients is that correct yeah correct okay and is that what the purpose of the commercial use on this property is that first floor correct okay so the idea is that you would use this as a showroom to be able to bring in a client show them different items different uh building materials and and things of that nature that you would use to eventually construct their house correct correct okay um one of the thing so the hours operation that we were talking about your on your business is s days a week from 8 to 8 is that correct correct okay although a little deceptive because you were telling me that it's appointment only is that correct correct all right so you don't have just walk-in General retail sales or anything of that nature no all right this is purely a existing client that you have that you're that you're constructing their home and you want to have a convenient location to be able to go in show them some of the materials pick out those materials so that you can incorporate them into the building is that correct correct all right and this is isn't a a retail sale where this person is coming in and then leaving with an item there right no okay and to that end you're not Distributing or shipping any items from this location is that correct correct all right so so you have a warehouse someplace offsite not in Edison where you would do shipping and receiving of all the items this is purely for display and showcasing correct correct okay um the second floor of this building is proposed to be uh residential use correct Apartments correct all right and uh there's a separate entrance for that separate from the commercial use correct correct okay um just see uh we've had an opportunity to oh and just to Mr Big Nell's Point there's a lot that's next to yours which is lot uh directly to the right that has this uh this narrow home that you can see on exhibit A1 okay and you're aware that this lot actually goes backwards it's about it's only got a 25 foot Frontage it goes backwards and then Junctions into a t and that property goes behind your property correct uh that's very confusing without looking at a map I'm sure uh perhaps this uh so that property here if you look at A2 you see the house that's there next to your vacant lot and they have a little Cobblestone or or a little pave or walkway that leads to aent a driveway area that's in the back correct yes this area here yes okay and you don't own this property correct okay in fact this is all under common ownership with the person that owns that narrow home correct okay um and based on the 200 foot list that we have we actually have the name of that individual that's all owned uh and that's all part of lot 24.01 and that's owned by Richard NE according to this uh this 200 foot list is that correct correct okay and you are not no Mr chairman Mr be down just so I'm clear now the t- lot does it belong to the property behind him if it's the T lot is the property that is just to the right of him and to the and rear of him I'm worried about the rear of him it's the same lot it's one lot I understand that who owns it does the owner of that lotes does he own the the residential property on on Veil Street would it be Veil there's like 30.01 who owns there 30.0 own the bring bring the microphone closer to you does the 30.01 own the 24.01 30.01 no that's a separate owner 30.01 is good that's what I want to hear yes okay that's all I want to hear Mr chairman thank you thank you Mr B making that distinction is that the ordinance requires a buffer when it's a residential to a commercial and he don't buffer then he don't he don't abut the residential so he don't have to put the buffer in all I asked I think I asked for an 8ot fence I think his plan says six foot but that's all he have to do okay and that's the reason why I was being specific about it Absol okay thank you Mr B and Mr Sing just to address there's one point in Mr Bell's report he's asking for a solid eight foot fence along the rear of the property you would agree to that condition correct one of the other conditions that he mentioned is that there's a there's a basement that's shown uh on those plans you're not using that basement for any display purposes or anything other than just static storage correct correct and if the board were to approve or look favorably on this you would agree to those as conditions of that approval is that correct Mr chair one more thing Mr with the architectural plan though it does say display so the architectural plans are going to have to be amended to eliminate the word display correct we would revise that to make it clear yes so there's no confusion down the road because the parking was not calculated for the basement right all right um I have no more uh direct questions of Mr sing if the board does the board have any questions for Mr Singh uh Mr chair Mr aot yes uh the fence has to be a 8 foot uh board on board fence not final uh as per as per our ordinance okay are you okay with that Mr Mr Sing yes okay thank you thank you any other questions Mr chairman Vice chairman in your business how many employees will you have there during the between 8:00 a and 8:00 P.M uh just one usually I myself go uh show all the items uh to the buyers so it'll be yourself and a client um myself and a client yes thank you if I could just piggyback on that question so Mr Sing you indicated it's by appointment only if you don't have an appointment is the is the shop locked up and nobody's there at that time correct correct so even though it's 8 to8 7 days a week is when appointments could occur if there are no appointments it's essentially dormant correct correct okay thank you board have any other questions Mr Sing Mr chair I'm just a little confused about the basement um I Heard first it was going to be for storage or display storage but then I heard now it's not going to be for display so can you just clarify that for me so to CL yeah uh and perhaps this this will help when we the architecturals indicate display storage that's an error it's just going to be storage the reason being is that if the if the basement is used for additional commercial purposes then that square footage would have to be taken into account for parking calculation uh additional F calculation all those sorts of things so what we're asking for is uh takes into account that this that the basement is not used for any anything other than storage purposes so we're agreeing that as a condition if this is approved the basement area would just just be to store things it would not be for any display purposes or showroom purposes so no no business would be conducted in the basement is what you're saying correct okay and what would you be storing there I'm just curious if upstairs is a display area showroom and I've worked in many uh so there's not a lot of moving up and down of things going you know tell can you explain the connection between the basement and the display upstairs Al than storage and then I my question would be what are you storing yeah it's going to be a lot of sample of tiles like everybody in this like a putting a lot different designs and tiles on each bathroom and so there's a lot of material Interiors like if we have about 10 to 15 kind of interior doors then exterior doors uh and uh hinges and handles there's lot of space we need for storage we can have only little B on a top on a first floor and then be storing the rest of the items in a basement but in your explanation what I just heard is that if you have these variety of doors or hinges as you're describing and you're working with the client upstairs so to see it you'd have to take the client downstairs so now is the basement now conducting business also as an extension of upstairs that's my question no we don't be taking clients to the basement now well if you have several doors or more doors downstairs or hinges uh we will be bringing some stuffs we going to be keeping there like a a sample of the til we're going to be bringing upstairs if they don't like it from the most of the items most popular item in upstairs uh myself will be bringing upstairs not taking the client to the basement I understand the attorney's explanation about the word display was an error but it's sounding to me like downstairs is also a display area for the purposes that you just described well just to be clear Mr Singh the items that are stored downstairs would be stored in they wouldn't be out on shelves for people to look at they would be stored in boxes or different sort of materials that you would then take that take that upstairs to then show to the client who remains on the first floor and that's because occasionally you might rotate your stock around if if something becomes more popular than something else so you have a limited amount of space upstairs you want to have that nicely displayed so people can walk around and see those things and then additional material that may be brought up occasionally to switch out depending on the season depending on the different kind of of desires of a client you would be uh able to swap those in and out the added benefit of that is that you wouldn't have to have you wouldn't have to bring stuff from your Warehouse to the showroom in order to uh switch around stock correct correct and so that way you wouldn't have to have traffic or trucks or anything coming in and out because the purpose is to not have to have anything going in and out of this of this building correct correct Mr chairman Mr B you can also make it a condition of approval that there's no display downstairs it doesn't seem like it's a very high volume type of deal so I was going to I was I don't think it's really a big deal I just wanted to point it out because we didn't par calculate the parking but it doesn't even seem like he needs the parking so with this operation absolutely so my suggestion was going to be if Mr Baron agreed and if the applicant agreed that the they set a condition that it was an unfinished basement used for storage only that's it is that acceptable yes you boom see I'm a peacemaker every once in a while and and just to put this in perspective how many uh appointments do you anticipate having within a week sometime only once one a week you know um sometime two is not okay okay does the board have any other questions from Mr Sing okay seeing none thank you Mr Arch thank you Mr Sing thank thanks U Mr Sing you can go have a seat our next witness is Mr Paul Fletcher he'll be testifying as both an engineer and a professional planner you solemnly swear or affirm to tell the whole truth nothing but the truth to help you God yes I do and please State your full name for the record Paul J leer and Mr Fletcher if you could just please give us a summary of your qualifications yes I'm a licensed professional engineer and professional planner in the state of New Jersey and the principal of Fletcher engineering have been since uh 1992 uh I've been accepted uh on many occasions in front of this board and the planning board in Woodbridge or sorry Edison uh testified in U numerous uh uh planning and zoning boards uh in Middle sex County Union County Monmouth County and your licens are current in good standing yes they are and you want to be qualified as both an engineer and a planner yes okay we'll accept you as both thank you so much thank you uh Mr Fletcher if you could just uh please take us through uh you prepared the plans and please just take us through what we are uh proposing on the site certainly yes the subject property commonly known as 1590 Lincoln Highway uh lot 25.01.2013 most recently is a auto detailing shop uh that has been demolished it was that building was located towards the front of the property the applicant proposes to construct a home not a home sorry a building uh towards the rear of the property uh the building size would be 40t wide and 30 ft deep 1,00 Square FT Property is in the os1 zone uh the uh proposal creates uh a number of variances uh firstly uh there are a couple of existing non-conformities where uh the os1 7500 squ ft is required for a lot area 5,000 ft is existing minimum lot width UH 60 feet is required 50 feet is existing uh the proposed Construction creates uh a number of variances uh regarding the building uh firstly side setback uh individual side 6 ft is required we're proposing five uh combined side yards 18 is required we're proposing 10 uh rear yard set back 25 ft is required uh 9 ft is proposed uh with regards to maximum f are uh 30 30% is is allowed in the zone we're proposing 48% uh maximum L coverage all impervious 65% is allowed we're proposing 72.9% uh as Mr singed mentioned uh the intent is to use the first floor area uh as a builder showroom uh on the second floor we're proposing two one-bedroom apartments they will have separate uh access uh come in a common door but there be a hall to a set of stairs to the second floor uh there's also variances required for uh uh the residential nature of the uh OS Zone allows for residential uses as an accessory um use uh this is not accessory to the to the principal use it's a it's an independent use uh so Mr Fletcher on the basis of those uh dimensional variances and the setback variances um those are all created by the uh undersized nature of the lot correct basically yes okay and and actually looking around the neighborhood and the lots that are around there um that the the size of the lot lot is actually consistent with a lot of the Lots around there in fact many of them are are even of smaller size than than ours is that correct that is correct okay we have two reports uh Delaware Ron Canal Delaware Ron engineering report dated March 15th uh the applicant has reviewed the report and uh will uh comply with the requests in that in that report I won't go through it individually however we can uh provide testimony on I specific if it's needed Mr Fletch I'm just going to stop you there before we go over to the next report sure mrar G chairman I think the only really comment of concern that we had was regarding the potential for deliveries to the site but given the nature of the use and as it's been explained I don't think that's really an issue so so that's really so we're satisfied with the that response okay thank you very much thank you Mr F you good yeah Mr B yeah I looked at that too but the ordinance doesn't require loading for a building this size it does or does not does not okay okay okay all right thank you all right Mr flet you may proceed yes um I have Mr rell's report uh dated April 17 2024 uh I'll go to the uh plan review comments uh page page four for Section 11 uh Mr bnell requests that we provide documentation of approval or exemptions from various outside agencies outside agencies including middle Tex County planning board pre-old soil NJ do and any other agencies having jurisdiction uh the applicant will comply with that request and number B I think we've gone into in detail uh and I would also reiterate that the basement area will be used only for storage uh and we agreed that that would be a condition of approval Paul before we go through all these U maybe it'll be easier just going through a through n of all of uh of all Mr big big Nell's comments can we uh comply with all of the uh all the indicate uh everything that he indicates there or are there any that we can't comp uh we can comply with them all I would just would like to comment on L uh pipeline buffering information I would like a waiver applicant request a waiver from getting actual uh letters from the pipeline companies uh I would propose that I prepared a u a letter uh to state that there are no pipelines within 75 ft after uh uh reviewing the the pipeline uh mapping of of Addison that getting letters from the pipeline companies are is it's almost impossible Mr chairman Mr B I have no objection to the to them Grant asking for the waiver if Mr Fletcher wants to send me the letter I I asked that it be signed and sealed with his license saying that there is no there are no uh pipelines of 75 pounds per square inch in the neighborhood or anywhere near this property or within 75 ft if he agrees to that then I have no objection to the waiver I'm agreeable to that okay not a problem and that would that would be a condition that's a condition of approval would absolutely be a condition of approval because and we agree yeah uh Mr Fletcher in in regards to the planning uh testimony if you want to maybe put your planning hat on and just briefly go over the uh the justifications for the F variant the use variants and the bulk variant actually I'm sorry Mr arch before we do I just want to just make sure Mr Bell um you're good with uh Mr Fletcher's review of your report um yeah the uh couple of this nuances maybe in the report I asked for irrigation system which he's agreed to and I also said that uh because the parking was calculated with the EV Chargers and they got credit for two spaces under the under the ordinance and state statute that they be um they' be ready to go as soon as he moves into the building so that' be they'd be installed immediately okay so not just the wiring to them but the Chargers are there in place that they had to be used and I guess he's agreed to that because that's in my language think we're agreeable to that because that that eliminates the variance that they would have so they have no parking variants okay if I and I hate to do this Hank because uh because the requirement is only seven spaces and the the state law only allows you to take a credit uh up to 10% of the required spaces we would still be one space short well our our town is a little different our ordinance says a little differently so I'm giving you the benefit of the doubt so you want to shoot yourself in a foot go right ahead I'm only saying that because I believe the state statute preempts uh the township ordinance so I think we do have to still request it because we are one short and I hate to disagree with you I have no problem with that Mr chairman I think he has enough parking okay oh and then the rsis the parking for the the apartment units they've got to be specifically labeled or signed on the property so that the residents have access all the time correct we would to that and that's all I got thank you Mr chairman thank you all right Mr Fletch you may proceed yes uh with regards to the F uh it is a d variance it's not a true use variance uh in that the the uh the actual use is permitted uh uh residential use on the second floor in the OS zone is is is allowed to be an accessory use uh the criteria that must be satisfied is can can the can the property handle uh the increase in the F uh and I would submit that it it it can uh we are uh we are at actually less than the allowable uh lot coverage by building we're 24% versus the 25 uh we're putting a second story on that uh allowed building area uh and then we're providing adequate parking uh for the uses uh with regards to the uh uh SE variances uh I believe uh uh the combination of C1 and C2 uh because of the undersized property uh uh being only 50 by 100 uh to comply with all the uh side and rear yard setbacks uh would uh would force the building to be too small and uh not a practical uh not not practical to to develop uh and and similarly uh it is a commercial Zone uh so provide adequate parking uh we we are able to do so uh however uh we're exceeding the total impervious coverage not by a lot by uh uh about 7.9% uh but we are exceeding it but that's also a function of the uh the lot size uh I believe the C2 criteria uh applies where the uh benefits uh significantly uh outweigh the detriment uh this is a uh commercial area uh it's a mixed area uh I see no detrimental effect uh to the neighborhood or uh and nor to the Zone plan or the master plan uh I think the site is particularly well suited for this this proposed use and uh I think it promotes a number of the U mlul goals uh I think it promotes the general welfare uh we're providing uh uh modest uh rental accommodation uh which is uh in short supply uh for uh citizens of Edison uh it's providing a uh a business use for uh uh for PKG Builders uh which will be uh clearly not a an intense use uh having one or two uh appointment visitors a week will be very uh low intense use uh so for those reasons I think that the uh board has the authority to Grant the Baran as requested uh so Mr Fletcher I think you said it but just to reiterate the uh positives would outweigh any uh potential detriments to this in your opinion as a professional planners is that correct that is correct that's my opinion and that includes uh uh taking what was a uh quite frankly a rundown and underutilized site and now putting in a a sort of vibrant new business uh setting that business back from the roadway um much more than many of the other uh uh homes that are along there that are right up against the uh the frontage in the street uh and we're actually providing more setbacks than a lot of the surrounding uh areas in fact if you look that that home that's on the lot right next door to us is less than a foot away from the lot line is that correct that is correct okay so you would agree that this is overall a a uh significant upgrade um and that uh the benefits uh significantly outweigh any sort of detriments yes I have no further questions for Mr Fletcher thank you does the board have any questions for Mr Fletcher with regard to uh engineering and planning testimony Mr Brown Mr chair uh Mr Fletcher um on your application and I appreciate the all the um explanations that have been provided uh the thing that's glaring for me most is the F uh required is 30% and you're proposing uh 48% that's a 60% increase uh beyond the requirement how can you justify that Mr chairman Mr BAU can I help a little bit um please Mr Bron this is a very small a lot it's built up all around it it's been a disaster for years and years and years and then we're finally going to get a building that looks decent um with a minimum activity these apartments are very small they're one bedroom they're only 600 square feet each so you're not going to get a lot of people a lot of children you're not going to get any children Liv in there um and and the operation is very low-key next to a single family house that was just redone on the corner that was existing very old house but they resigned it and rebuilt a lot of the stuff so I think I know you guys are tough on F but I think on in this case you got to you got to bend a little bit because you're never going to get anything on this property unless you allow him to do something and this is I think this is like 100 this is 100 times better than what it was so I don't mean mean to interrupt your questioning but I think you have to give him a little leeway on on the and that's just talking to you as a planner now I understand Mr Bell you carry a lot of uh influence on this board and I respect your input and problem I used to drive to work there every day and and say to my there was a big sign and said detail for cars and they said to myself how the hell did he get in there you couldn't get off the highway so you know it was just and the building was bright blue and it was a mess and they like I said they clean up the one property they took that building down they didn't ask for anything to take the building down they didn't say to you hey look I got an existing building with all the these violations they just started from scratch and I think that's a that's a that's taking the high high road not taking the low road so uh personally I think you have I would give him a break with the F and stuff Mr Fletcher I would say then with I agree with Mr Bell and I'll defer I agree too thank you do you yes it's like I always say Mr Bell is always right don't get me started uh does the board have any other questions for Mr Fletcher all right seeing none thank you Mr Fletcher thank you Mr Archer uh that concludes our presentation uh just in summary uh I think Mr Bell said it better than I ever could um so I will I will leave his words echoing in your mind as you make your decisions all right thank you so we will now go out to the public we will go uh within 200 feet of subject site anyone wanting to be heard if you were within 200 feet of the subject site you received a notice via certified mail seeing none will no go outside of 200 feet of the site seeing none can I get a motion close the public portion motion to close public session second motion made by Vice chairman o' Gorman second by Mr Patel all in favor by saying I I oose nay the eyes have it public portion is now closed and I'll go to the board Mr chairman Vice chairman i' like to make a motion to approve this application based on uh bnell planning Consultants engineering report and they comply to all the U recommendations specifically that the um residential have their parking marked for each unit and also for the uh Delaware Ron engineering report report you meet all the uh requirements and you met the positive and negative criteria and criteria and also um this is going to improve the area and what was there before and just to add to the conditions U I believe unfished basement I got it sorry right and and the basement will only be used for storage yes so they which is included in BC Nell's report they'll amend their architectural plans to show uh node display units in the basement uh the basement will be unfinished and will be used for storage only uh also uh they will be granted a waiver for uh parip pipeline pipeline review pipeline buffering review letters um however Fletcher engineering will review uh and deliver a signed and sealed report to the township I'll second wait hold on one second you have a solid 8ft board on board fence to the rear a solid 8 foot board on board fence to the rear do we miss anything else sure um okay all right I'll second okay motion made by Vice chairman o' Gorman seconded by Mr dve roll call please Mr Sero motion Mr chabra yes to the motion Mr Baron yes on the motion Mr Patel yes on the motion Mr D yes on the motion Vice chair o' Gorman yes on a motion and chairman kba yes on the motion uh approval is unanimous 70 congratulations thank you so much have a wonderful evening Madame secretary is there any further business to come before the board this evening yeah that'll be all all right uh and Madam Secretary just to update you the Rangers are ahead 42 with uh nine minutes left in the third this is exciting all right can I get a motion to adjourn so the secretary can get home and watch the rest of the Ranger game motion to adjourn second all right Mo did you made the motion motion to ad motion made by Mr Barone second second by Mr Patel all in favor signifi by saying I I I POS nay the eyes have it board is adjourned our next meeting is Tuesday April 30th 2024 7.m in the council chamber thank you good evening you really e