[Music] Eileen can you please open the meeting how Township zoning Board of adjustment Monday February 12th 2024 I hereby declare this meeting of the Howell Township zoning board to be open adequate notice having been given pursuant to the New Jersey open public meeting act in the following manner first on December 11th 2023 a copy of said notice was mailed to the Asbury Park Press and the Star Ledger second on December 11th 2023 a copy of said notice was hand delivered to the clerk of the township of Howell third on December 11th 2023 said notice was posted in the office of the zoning board and on the bulletin board in the how Township Municipal Building 4567 Route 9 how Township New Jersey in accordance with the fire prevention code and for your safety please be advised that that this facility is designed with two emergency exits at the front and the rear of the meeting room furthermore smoking is not permitted in the municipal building please take note that this meeting is being videotaped for possible future broadcast on how Township TV 77 this meeting is a Judicial proceeding any questions or comments must be limited to the issues of what the board May legally consider in reaching a decision and the de form appropriate to judicial hearing must be maintained at all times thank you thank you e may we please have a roll call Mr burillo here Mr caner here Mr Hughes here Mr merens here Mr Rosco here Mr Ryan here miss scotson here and Mr seya here Mr Stanton is absent I guess okay you have a quorum thank you will everyone please join me in Pledge of Allegiance ahead Al to flag of the United States of America and to the repic for it stands one nation God indivisible with liy and justice for all thank you Andy can we have a swearing in of the professionals please good I do Jennifer beam thank you okay item five on the agenda approval of minutes regular meeting January 22nd 2024 eligible voters burillo caner Hughes Merton Orosco Ryan scotson and seya can I have a motion please motion second we got a motion in a second roll call please Mr burillo yes Mr caner yes Mr Hughes yes Mr Mertens yes Mr Rosco yes Mr Ryan yes Miss scotson yes and chairman SE yes minutes approved thank you ien are there are any vouchers no vouchers do we have any correspondence I have one thing for correspondence case number ba 18-1 17A application of John bitt has requested to be carried to May 20th 2024 with no further notice an extension of time has been granted to the board to May 20th 2024 to so the extension of time marries up with the meeting date yes okay got it all right so anyone that's here for case number ba1 18-17 Alpha John blow it this is a uh use variance bulk variant and minor subdivision this application is being carried to May 20th 20 24 with a extension of time to May 20th 2024 yes correct thank you okay no resolutions no all right and then applications before the board this is case number ba 23-23 NVR Inc Ryan Holmes Mr chair shouldn't we carry the the church application before we start on the agenda if you would like to do that I can okay case number ba 21-19 restoration Family Worship there'll be no testimony on this application this application will be rescheduled to May 13th 2024 with further notice with no further no further with no further notice thank you okay back to ba 2323 NVR Inc Ryan Holmes type bulk variant for permanent installation of two signs description application of NVR Inc Ryan Holmes as applicant seeking bulk variant approval to install two new entrance signs to the single family residential portion of the previously approved major subdivision approved by the planning board the installation requires site signage variances for the front and rear setbacks as well as the type of signage proposed the signs are stated to be 7 feet tall by 8 ft 4 in wide with text reading Reserve at how on premises known as block 184 lot 7.01 and 7.22 Yellow Brick Road and Adelphia Farmingdale Road expiration date April 25th 2024 sir good evening members of the board my name is Robert McGowan I'm here representing NVR uh Inc which is trading as Ryan Holmes and which are the Builders of the development that we just described Reserve at how uh what we are seeking are is approval or variany to Grant the approval to put up two entrance signs one at each of the entrance areas it's a loop road uh and we want to Mark and make the make the development a little more distinguished and a little more attractive you can see the sign on the board uh it's designed not to block any views or anything but still be attractive uh and informative with me tonight I have both our engineer and an engineer and a planner who will describe both the location of the sign uh and the variances that we're requiring and then also explain uh the justification for it and and why it should hopefully be approved and why it is a additive to this community without any negative impacts okay so if I may I'll call my uh first witness Michael walosi is a uh engineer a professional engineer uh and he is with um I'm sorry he's with shway engineering we'll have him put his credentials on the record sir we definitely will can you guys see that yeah we have a copy we have a copy bring it closer BR then we bring it we'll bring it closer right so they can see what pointing it okay Mike why don't you introduce yourself and give your credential before get started we'll swear in okay please I do name is Michael wasoski that's w s l o s k i I am a principal engineer with Sho engineering licensed professional engineer in the state of New Jersey my license is current and in good standing provide a testimony in front of boards throughout the state I don't believe in front of this board but in front of your planning board where did you go to school sir the College of New Jersey okay we'll accept your credentials thank you all right the exhibit you have before you I believe has been designated A7 in the list um as we had discussed subject properties lot 7.01 7.22 each contain Frontage on yellow Brook Road to the West as well as Charleston Street which is designed as a through Loop Road for this portion of the subject development and then further south outside of the view of this plan we have Adelphia Farmingdale Road or County Route 524 as I'm sure many of you know this project has been well under construction for some time now um and as we heard we're seeking bulk variances for the installation of two permanent site identification signs those variances include to place the sign within the 30 foot required buffer uh the variance against for two permanent signs where only temporary signs are permitted for this type of a development and finally variances for 15 foot setbacks to each Frontage whereas otherwise in this case 20 foot would be required bit of background actually there's a perimeter buffer of 30t so while 20 feet is is what's in the temporary sign you're not allowed to put anything within the buffer that's correct and it's a reduce buffer to begin with correct so I I I don't mean to interrupt Mr chair but if we could just get to it is there a reason why you cannot comply with the buffer because you're already given the advantage of a 20 foot reduction in the perimeter buffer as it is per year zoning because this was an affordable housing project and this is not the affordable housing piece of the project I just want the board to be aware of that this is a single family piece is there a reason why you can't comply with the 30 ft I mean we require every T every application to comply with our buffer understood our feeling that the purpose of the sign would be better suited complying with the 30ft setback would place them in such proximity to the homes that that might almost appear as a homeowner amenity as opposed to an HOA sponsored purpose to the site to direct uh patrons I would suggest to the board guys I I know you haven't been before this board before but you have been in Howell before and you are well aware that the buffers are sacasa in Howell we don't Grant relief from the buffer for anything we don't even Grant relief when the residential uses a cross rot n which which is a divided highway with 100t RightWay so I I don't have a problem with the number of signs or the fact that they want to put signage to me then the fact that they want to put two versus the none allowed that's one thing I don't have a problem with the size or the aesthetic but I do have a problem with them putting it in our buffer which we've already reduced for this specific zoning which I just want to be very clear not that this Ryan Holmes problem but they're only in our housing plan because they sued us so let's just be very clear about that so they've already gotten 30 feet versus 50 feet and now they want us to put something in that buffer which we don't allow drainage we don't allow grading we don't allow anything so I'm not supportive of that you guys can decide how you want to act on that but I I don't this is a residential development anyone who's going to put their this into their GPS is not going to need this and the sign's not big enough to to it's not like it's four seasons on Route 33 so it should it should honor our buffer so and Mr chair just to add to that too so the township does have sight triangle restrictions on intersections uh yellowbrook road is a collector Road for our master plan 1994 Charleston Street would be a local Road uh the site triangles are measured from the front from the property line so along yellowbrook Road you'd have a 65t leg of the site triangle on Charleston Street you'd have a 35 ft so that you know 15 x 15 that they're showing would certainly be within that required site triangle um so to go along with Jen's comment complying with the buffer would also help push it out of sight triangle and any concerns with sight distances at the intersection well that's certainly a a safety concern yes Mr C fth of May I would offer that the previously approved uh site plan prepared by Dynamic uh showed site triangles that would not be in conflict with these Lo signage locations when did this get approved believe the final resolution was it 2016 so the road classifications have changed since then so your site triangles as you stand here today are not what they were previously and are those shown on your plan they're not on this plan the site triangles that were more prominent here would have AP no one can see here you're coming out of the development and you're taking your say 14 foot offset from the edge of pavement your triangle vertex is starting almost the same distance back from the proposed sign location so the triangle leg would not interfere so all I'll say for the board is when that plan was approved by the planning board there was no signage proposed so their consideration of what the site triangle requirements might have had different context in the terms of what we're looking at here with two proposed signage I would say they should have to comply with this with what the site triangle requirements are in the code I mean the board the the board is aware that this is probably our heaviest Industrial Road in the entire Township yes so you know making sure safe Ingress and egress for single family homes on a road that is leading to our biggest industrial users is something that we're going to take seriously so between that and the buffer I I I can't support relief in that regard the the sign's going to need to be back behind the buffer in my humble opinion if if we were to be able to move it back 30 feet which obviously lessen some of some of the benefit of the side because it's going to be harder to see now as you're you're driving down but if we were to put it behind the buffer and outside at that point I believe we would definitely be outside of the side triangle would that remove some of your concerns I would have no concern if you're outside the buffer and you're outside the side triangle as we said earlier we don't take exception to them having signage here and I don't take exception for the number of signage uh the number of signs that you're proposing the location is concerning so I would say if it's out of the buffer and out of the site triangle that I would have zero concern about the signage we would be willing to make that adjustment Charlie to clarify for the board so the variance is moving it out of the buffer and then complying with the site triangle the town doesn't currently permit uh permanent signs there's ordinance allowances for temporary signs when these are Under Construction I think John correct me wrong um when the last unit is pretty much sold then they have to take down the signs so so the 15 foot setback requirement we cited in in our letter for the code is for temporary signs so it's to allow permanent signs and then you know where we don't have a standard we try to find something applicable the temporary sign with the 15 V setback that's why we cited in our letter so but these are intended to be permanent signs they're intended to be you know an announcement that this is the development a permanent sign okay I'll jump ahead and just briefly describe sign that you see on the plan in front of you uh first we have a 7 foot tall 28 inch square cross-section Mason rep pillar attached to that would be a cedar cross arm painted black and then suspended from that is the physical sign itself reading Reserve at howl uh that measures 48 in in width 30 in in height I I I think we're good just gonna throw that out there okay okay that concludes my testimony unless the board has any other questions Jen yes sir so what about ground mounted like Siri downs we don't allow it in this particular Zone that's why they're here they're asking us to allow it I don't have a problem with that us allowing it and I take no exception I know Mr vincenti is here to give us very detailed planning testimony which I don't think we need but what I'm saying is is now that the the sign has been moved D and the concerns between the buffer and the side triangle have been alleviated we take no exception we think that the benefit of providing a side identification sign outweighs the detriment of not providing the sign we think the Aesthetics is of what's being proposed is fantastic and we would have no objection to the two signs being constructed and them having the signs in the first place John I have nothing other than uh the setback uh includes whatever portion of that sign protrudes out the most not a measurement to the base of the sign but as the sign in totality okay so where would you relocate the sign you're going to move it back to beyond the 30 feet correct correct so I would recommend Mr chair if if um the applicant would provide Charlie's office is a plan that shows the relocated location and if he's okay with it then I would suggest that be a resolution compliance item if the board were to act in the affirmative which I would recommend and we accept M Miss be's testimony uh as the planning testimony in support of our application yes thank you Charlie in your estimation how far back is those signs coming uh so to get out of the 30- foot buffer it's going to be at least 15 more feet into the the uh property you know on the Charleston leg of the intersection and then uh it's going to be dependent they're going to have to show the site triangle 65 on uh yellowbrook Road and 35 on Charleston and just make sure that no portion of the sign encroaches into that site triangle so they show it on a plan we'll review it as a condition the approval and uh if it complies we'll we'll sign off on it okay board members there's not going to be any issue with visibility that's why we want them to move it back okay that's okay that's why we're having to move it back yes yeah okay then that's taken care of that's Mr chairman oh go ahead Mike just to follow up on the visibility part in moving that sign back does the sign as it exists now is that still visible from the street or is that going to change as well in the process being that it's further back from the street it would be in theory less visible but still visible if that makes sense didn't answer the question though we you have to change that part of the s or is it going to be as is regardless let let let me answer that there's no intent to redesign the sign the sign that we presented is what we're looking to install Mr chairman go ahead are the sign are these two properties on the corners are you building on somebody's properties they will be privately owned lot those lots that we own well I mean obviously we own Ryan holes is the owner of those Lots at this point they will be installed before they are sold but when they are sold that will be subject to that sign being there and being supported by the homeowners association gotcha so somebody owning that house is going to have a sign on their have a sign and they'll know that before they okay thank you wow but imagine someone's visiting you it would be easy to find your house yeah one of the houses with one of the the two sides is a sign lit no no because that would be my thing is from a visibility standpoint while kind of piggybacking on piggybacking on what he said is that you're not going to have a full view of that sign without some sort of liting lighting which if a house is going to be built on it a homeowner may or may not be excited excited about having that right and and that's one of the reasons that lighting hasn't been proposed I I just want to say for the record we have hundreds of subdivisions throughout the town that have no signage Y and people still manage to find their way so I I don't necessarily think it's absolutely necessary at this location if they want it then there are things are going to have to work through but you know I live in a big subdivision there's no signage to the entrance people still manage to find their way to me you know what I mean so don't they become a hazard though it's going to be so far away from the road it's not going to get hit with a plow it's not going to be it'll be fine if they want it it needs to be moved back to the 30 ft that it will not be a hazard at that distance yeah I think you have to keep in mind the RightWay probably on Charleston's 50 feet so you know the paved edge of the road is maybe 30 foot wide so you've got another uh 10t on each side of the road before you even hit the property line and then it sit back another you know 15 to 20 feet you know whever it works to get out of the site triangle so okay you know not like a mailbox sign you no no okay got it okay all right Mr Bella yeah um I I guess my Curious question is the long-term what the applicant sees as the long-term benefit of having to have a sign I mean I see in the short term a um temporary sign because you're selling all the lots and the properties but like Jen said 10 years from now I mean even five years from now people are going just going to find your properties with a GPS well you know if you go along Route 33 for instance told Brothers is building there if you go to some of the K kof homes and things it makes the it makes it feel see more like a distinguished Community by putting up the sign and it's basically a marketing thing but it also is left there so that the uh residents who do Buy in they feel a better sense of community and a better sense of identity I think that's why they're doing it primarily okay I know I see I see things like that as a little more of an eyes saw that's my opinion I mean and it's right on somebody's property but understand that they know what they're getting they know what they're getting I mean or at that time the Simplicity is is is better well I think the sign is under the jurisdiction of the HOA HOA yes so it's not going to just come down but the occupant is not there so if they want to buy that particular lot which is on yellowbrook road which is probably not the most prestigious lot in this subdivision they're going to buy the lot with the sign on it and if they don't they're not going to buy it okay what's the pleasure of the board is that going to be a condition of approval purchaser that lot's going to know motion to open public of course okay we got a motion to open this to public second we got a second all in favor IA we're going to open this to the public meeting will now be open to the public if there's anyone in the public that would like to speak please come forward if not okay motion to close motion to close got a second take one okay all in favor I all right we're close to public I all right so it comes down to uh what's the pleasure of the board here and um you know what there's certainly a condition that they have to work with Charlie's office and they're going to comply with the setbacks they understand that the HOA will be the recipient and gatekeeper of these signs right Jan I agree so they need relief to have the signs and the number of signs okay but they will now comply with the well they don't have a a setep back that they're going to comply with the buffer and the site triangle okay so Mr chairman I'd like to make a motion uh to approve this with the stipulations of getting it out of the sight line and out of the buffer uh with all that said I make a motion to approve with those condition with those conditions sir okay do we have a second second we got a second okay IA roll call please Mr burillo yes Mr caner yes Mr Hughes yes Mr Mertens yes Mr Rosco yes Mr Ryan yes Miss scotson yes and chairman seya yes application is approved you I think we pulled too many people yes pulled eight oh oh sorry Miss Miss scotson can't vote yeah I can't yeah I was just answering because they called everybody no thank you very much you got it thank you one more one okay one more right okay up next case number ba 23-15 Stanley krilla use variant approval to construct an addition to an existing single family dwelling and pool application of Stanley krilla as applicant and owner seeking use variance approval to to construct an addition including a wraparound covered porch and attached garage to an existing sing single family dwelling on the subject property which is an existing non-conforming renal residential residential use in the commercial ld1 Zone [Music] oh a swimming pool fence PA walkways and a new paid parking area are also proposed on premises known as block 49 lot 8.02 285 squankum Road expiration date April 2nd 2024 good evening Mr chairman members of the board professionals and staff Peter lado of the law firm of sonenblick mar and LC of freeold on behalf of the applicant welcome Peter thank you sir I have with me uh a handful of witnesses I'd like to present tonight uh first would be Stanley krya the owner uh and occupant of the residents and uh operator of the property uh also with us is Albert vosi he's our project engineer we also have our architect uh as needed uh Earl Jackson and our professional planner Allison coffin um if it pleases the board I would ask um Mr kryler to step forward and be sworn in can we just swear them all in at one time absolutely all right let's do it okay could you all stand up each of you who I called out and raise your right hand to be sworn in do you swear the testimony you will be the truth the whole truth nothing but the truth to help you go so they're all away from the mic so if you could state your name so we know who you are on the record just join the party Allison coffin licensed professional planner Stanley krya owner Earl Jackson licensed architect Albert Ry engineer okay you the Witnesses are swor all right thank you sir so who's first up uh Mr kryer Mr chair the owner yes sir okay good evening stanle hi you're the property owner um you've acquired it in July of 2015 yes that's correct do you live there with your wife I do okay and it's about 2.8 acres in size that's correct and um when you bought the residence did you need to rehabilitated from water and mold damage in the light yes it was uh was quite the mess but yes okay and and um as um as you look at your property and you look to the right going north who's your neighbor to the right uh Victor art golf carts and then the firehouse and then the um ice skating rink and then rodelli he's got a bunch of storage there okay he's got a house in storage and if you look at your house and you go to the left or South who are your neighbors there uh Gary Smith a GSS it's a Family Trust he's got a 12,000 squ foot building and I believe he's got approval for 40,000 in the back and then to the left of that is a small s property and to the left of that is a home and then to the left of that I don't remember Larry who passed away has the house and he has the um small engine repair shop okay and then just to complete the neighborhood as you describe it looking across the street can you give us a you know moving from north to south sure you've got a well state of New Jersey owns a bunch of property across the street for me is a an individual with a 4,000 ft pole bar in the back for storage and then to the right of that is a um it's a defunct gas station that rodelli is currently uh he bought it and he's I guess before you guys soon and then to the right of that is um the feed Mammoth feed with a small house and a huge uh business on it thank you sir so that rod and applications before the planning thank you um the house is currently about 1,868 Square fet that's it yes and you're proposing an addition to that house I am okay and uh is that about 820 I'm sorry 18820 Square F feet in round number it's 1820 and that includes the wraparound porch and the garage I think the internal is about another 600 sare ft for the uh attached garage you're proposing no the 600 F feet for living space Oh for living space I'm sorry okay and that the overall additions they include a new swimming pool in patio walkways yes that's correct um a generator pad fencing yes and um Paving the existing gravel parking yes that's in the front of the property yes okay and uh right now you do not have a uh garage that's connected to the house is that correct that's correct and and so why do you want one uh for two reasons first you know when the wife goes shopping and it's pouring rain out and instead of walking 60 ft get and soed it's nice just to have a garage to make this was built in the 1940s so we want a real house now so we want an attach garage and it also will also buffer us some from uh Victor art golf carts it'll give us a little bit of privacy okay and um also on the property currently you have a pole barn I do okay and uh that you pulled permits for in 2015 that's correct uh yes a I think August 15 yeah finished in December okay and and to use and C with your house that's correct for my um car storage my my personal uh cars and boat and a camper and you would consider yourself a classic car collector yes okay now over time after you built that pole barn uh it became uh used not just for your own car collection that's correct uh friends uh you know when you have when you're in a car Community you know a lot of guys with cars and the biggest problem that they have is they don't have on storage so everybody's like oh could you do this could we do that and it it kind it grew into a business okay and so can I just ask so it's my understanding that you're not using that pole bar at all for your own personal storage you're using the detached garage for your personal storage uh no the person the detached garage is a drop garage um some of my clients um can't drive on Saturdays so on Sundays I don't I don't want to work so I will put a car in a garage if they want to do a pickup and I'll open it remotely with my phone and the camera turn off the alarm they pull their car out I'm not talking about the pole bar I'm talking about where are your personal vehicles so what when so when you got this pole bar approved it was for your personal use but you're no longer using that at all I have a few of my collector cars there now but I don't use it like for a daily driver kind of thing that's not what I'm asking you okay yeah so I think what Jen is asking is you have collector cars of your own that you store in the pole bar yes I do so how many cars from others are you storing in there about 90 how big is this bar pole bar 10,000 s ft so explain how that's going to work um could you be more specific how exactly are you storing 90 cars in 10,000 square feet very tight that's not helpful at all now okay Stanley you have lifts in there oh yes I do have a I have I'm sorry I have 18 lips in there thanks sorry and your clients yes their collectors and their part-time residents oh yes I have um collectors some guys they buy cars and they use them like stocks um they think they're out of favor right now and they'll hang on to them for a couple years and then when they go back into favor they'll sell them at auction um that's probably about 65% of the of the cars there right now of the 90 cars probably 65 won't move in a year yeah um and when people want to drop off a car or pick up a car car it's they make an appointment with you how does this work they have to make an appointment nobody's allowed on the property other than there's no signs or anything like that it's it's kind of just a phone call hey could I get my car you know give me a week's notice and put it I can either put it in the drop garage or actually meet them face to face okay and your pole barn is it um climate control yes it's heated it's air conditioned it's dehumidified it's got 13 cameras motion sensors fire sensors freeze sens sensors um uh it's got r25 blown in the walls R35 blown in the ceilings uh insulated floor um so it was built for for my my cars I I imagine at this time of the year there aren't many cars that are coming and going from your site no um from January through March zero uh from say April May June the my I have winter CL clients so probably 25 of those cars will come out over those three months uh during the summer I may have one or two cars maybe three cars that guys are are like to show their cars car shows so they'll ask me know I'll bring it out for them Santa Friday they'll bring it back on a Monday I'll put it back into storage and they're done for the season they may take it out a couple times um and then in the fall it starts again where they start bringing them back my winter guys I'll come back October November December but then there won't be any movement for the for January through March so in the spring and the fall months typically on average how many cars do you have coming and go 10 a month 10 a month roughly 10 to 12 okay and you live in the residence with your wife okay and it's your intention to continue to live there it is if if you get the approval and that's why we want to build it up so nice um Mr chairman i' would make uh Mr kryler available for questions as to to his ownership and operation of property okay Charlie yeah Mr chair so uh we had a TRC meeting on it so I'm just going to ask some more questions just get more context for the board so the pole barn right so it's not all the same height the entire length of it as you go into the property right no it's not the first 50 feet are 20 foot walls and the next 150 ft are Mr K I'm sorry interrupt when you're talking maybe address the board oh I'm sorry asking the question since they're the deciders right okay thank you for that I appreciate it the first 50 feet uh 20 foot walls and the next50 ft are 12ft walls I was originally going to put a mezzanine in but I decided against it because the I ran out of money so in that first 50 ft that's where you have the lifts that you talk about and those were like akin to what you'd see in the city where you could park one on top of the other on the lift actually the back wall of the 12T are where I have the uh the lifts I have 12 across the back and then on on the far end there's six okay so the max an L maximum with what you have in there now is 90 cars you can store I could probably fit if I really got tight and got lucky with some small cars about 105 and then at the rear of that pole barn there's at least on a imagery there's three trailers can you talk about what those are sure one of them um has my I have a a diesel tractor that I cut the lawn with and a um snowblower that are in the oneand uh one is a friends it's a car trailer it's clean there's nothing in it and the other one is my car trailer that I take my own cars the car shows with and those would be the ones that appear on the screen yes those three the ones that are lined up nice and then when you say the drop garage so immediately to the north of the pole bar there's a detached garage that's the drop garage you're talking about yes okay and then you're adding a an attached garage to the yes to the house structure that's correct and then there's a gravel parking lot along your existing driveway that you're Paving and then you're also installing some FR in the area and that's 4 foot high it's 50% open and all that yes I want I do that so that it would match the fence by for Vic Gerard has some real nice uh looks like horse fencing so I kind of wanted to keep the continuity between the two properties so that it would look nice and his building mimics mine as far as looking like something from a horse farm so and then the emergency generator you're proposing that's going on the north side of the detached garage the drop garage uh North I think Northeast northeast corner yes and that's a residential generator that's going to comply with the township noise ordinance you know maximum 65 DB at 27 ft and all that yes it's a it's it's a gener and it's made for home use Goa um and then just to give the board Clarity so why they originally filed an application to the board this is in the S1 Zone which only permits commercial uses uh they came in for use variants for additions to the sing of Family Residence so obviously residen is not permitted so it's expansion to nonconform use we ask questions about the pull bar in the back and that's what added another layer to the to the use variants um um because you know I know they're trying to present this as Self Storage I think Jen I'll let her no yeah no just so you know we're not classifying it as no but it also has multiple principal uses on a single lot so agre so and we you know I know we had a TRC we had some discussions you know I leave it up to the board's discretion but you know use variances usually go in perpetuity with the property when a site like this where it's you know the use in the back is tied to the residents and the owner an operator you know maybe having some kind of sunset clause in the approval or the deed that it's got to be owner operated in the back with the single family residents you know once property chained hands and then it becomes a tenant property in the front then you know someone living remotely are they really doing you know oversight to make sure that it's Opera in you know accordance with what the approval is I think that would be something prudent for the board to uh consider um as far as I'll I have some more comments but I'll let it get to the engineer as their engineering relief all right Jad so a couple questions you said that the pole barn has climate control did you pull permits to put heat in there so there's the per for everything on that on that property um what is the purpose of the parking lot I mean most single family homes don't have a parking lot in their front yard because we don't have an attached garage and it's but you will right well that's so my question is usually parking lots and even those those structures that don't have an attached garage don't have a parking lot they have a driveway so it makes me feel like this commercial operation is more significant than you're representing so I don't understand the purpose of the parking lot for a single family home if the back building is being used as sparsely as you're representing when you have neighbor when you have friends come over yes usually they park in the parking lot and the the in the driveway right so it's kind of the driveway in the front to come how far back is your house oh I don't know it's not close to the road 150 ft it's 150 ft off the road roughly that's a significant amount of area in your driveway for guests to come the driveway that is in the front I think is 10 ft wide maybe 12 so I'm I'm representing that's pavement that's unnecessary and it lends me to to think that the commercial operation and let's be honest here you transformed this pole barn into a commercial operation and didn't tell the town about it you didn't come and ask permission you just did it so I'm skeptical by Nature because you know and when you made the the notice for this yourself you didn't even mention the back building it wasn't until we figured out what was that there's a question about it that you're back here with the right notice so I'm skeptical that that parking area is being used for resident purposes I think it's being used for your commercial operation which makes me think that it's more of an intense operation than you're letting on if you don't need it for your commercial operation I would recommend to the board that it go away so that's my recommendation so we're speaking of the two front the cars there's a it looks like a white car and maybe a dark green car that's it's my it's my wife's car and my car okay so that's currently right uh gravel yes and you were proposing to make it pavement Y and and Jen is suggesting that given the other improvements on the site existing and proposed M that that's not really necessary I mean the driveway currently has a turnaround existing so it's not like you need that to turn around and come out head out you don't so I don't think that that area is necessary unless you're using it for your commercial operation I could take it out that would be my recommendation char how are we looking on impervious coverage so they are adding impervious coverage obviously with the additions to the house so you know eliminating that parking is going to help with the calculation I had a comment for their engineer regarding you know putting in drywalls for any increase in impervious coverage for the residential Edition so uh you know reducing more impervious is certainly going to help uh that calculation off neighbor properties I think it's important for the board to note that they're in an SED zone right so this is a residential operation with this vehicle storage in the back so in the S Zone the coverage is a higher number because we're anticipating a commercial operation so which would be 70% they're way below that however the residential in the ar2 which this site would conform with the coverage is 15% and they're at 28% so removing some pavement would make it more in keeping with our goals for the residential development in town as opposed to an SED operation okay my client is indicating he would uh agree do with that condition of eliminating that from parking spaces since our TRC which you'll hear from our engineer he also instructed his engineer to design um additional dry Wells and Rain Gardens to offset the additional impervious coverage that's proposed by the addition John do we have any violations we we were unaware so uh we do not but I have a qu a couple of questions for Jen maybe she could enlighten me so it's non-conforming because it's a residential use in a commercial Zone correct so he's now proposing an expansion on that residential use yep uh but the commercial portion of the property which was never approved correct so when the pole bar got permitted was permitted it was for his personal use as his so now this is evolved to a business which would require site plan and now you have two uses on which is a D1 variance they did Reen notice for the D1 variance for that yes so to John's point if this had come in as a commercial use and application back in 2015 you know this the context of what this application and how it was looked at by the township may have been different you know they did get permits and approval from the township at the time but it was under the guise of a separate use I mean being perfectly Frank it was an existing residen which was non-conforming at the time for an expansion for a pole barn it probably should have came to the board at that time too but we're here anyway now so uh you know anything they can do to amarate storm water concerns reduce impervious coverage I think would be a positive for this application thank you Charlie board members from Mr Krillin goad Mr but uh I guess to the board that the house is an older house so it's been there it was zoned s probably much after the house was put there he he's stuck with a house on Lakewood Farmingdale Road not stuck with but he has a property that has a house on Lakewood Farmingdale Road mixed in with a bunch of commercial properties and now he's looking to expand it which is one of the variances that he's asking you to consider gotcha but it's it's a unique because it's a r i mean the bottom line is if he didn't modify the pole bar in the back from what he originally got it approved from and stayed in the house as is he would not be here gotcha okay all right we're good you have any questions D okay Mr chairman I just want so what Charlie said is very important to me when the owner ever does sell this property it will void out anything future because I mean this situation is not big deal to me but I can just see if he did get an approval and down the road he sells the property would that be stipulated in the sailing or I mean I think it's a legal question for any but I mean I think if the board so desires you could make it a deed restriction that it sunsets ownership change changes any right or if it's not owner occupied and run would be another way to look at it and we we could certainly stipulate to being amenable to a deed condition but for instance as long as it's owner occupied perhaps he has a son who wants to take over the house when he's old and and run the business I don't know if I agree with that this this variance is being sought based upon very specific facts having to do with the circumstances as they are currently it's not like there's two independent operators and what have you if his son wants to continue to operate it he can come back and get the board to affirm any decision that is made but I would recommend that this allow if the board is to act in the affirmative that it be tied to this particular owner and based upon the testimony that's provided on how it operates today you know I can't guarantee you what my son's going to do let alone like so I think I I I agree with Mr Merton's I don't really have an issue with it but I we need to be very specific in how we evaluate this so that it doesn't become problematic moving forward question real quick does how does that conflict with passing of property through like a state law or something I You' have to do a change in the deed right I mean you it would have to be a quick claim deed or whatever if there's any change in ownership at least it's in our in our documentation we may not be able to catch every single thing that happens within the town however if it becomes a problem at least we have the documentation to say this is not what we envisioned and then they're going to have to come back to the board at that point but you know it's it's no different than anywhere else in town you know most of our code issues and John you could correct me are complaint driven correct we don't have the resources to police everybody but if it's in the documentation at least if it becomes a problem at some point in the future we have the information to to figure out what to do with it plus it also Al gives code enforcement the ability to to take some kind of enforcement action without something being stipulated like hours of operation number of employees all those types of items that we regularly put into these resolutions without it being there we don't have a leg to stand on for enforcement we certainly wouldn't object to recording assuming the board were to approve this with conditions we would certainly stipulate to recording that resolution uh in the chain of titles so that the scope of the approval uh as well as any restrictions you know are recorded I I I just want to make you know you back in the typical use variance resolution it requires recording we always yeah exactly so we always do it okay that's you know and again whether the condition were that the variance would Sunset when Mr kryler no longer own the property or alternative and I understand Jen doesn't support it you know as long as you know it it had to be owner occupied if that word to changed then obviously the then then it would expire I mean obviously it's at the board's pleasure to impose the conditions that thinks best I think Jen made it clear that someone after Mr kryler will have to reaffirm you know the conditions there all [Applause] right Mr chair I just want to ask one more question with the vehicles coming to and from the SES some of them are driven by you know the owners of the car per car right some of them may come on like a flatbed does any come by like a car hauler twice in a couple of years there's plenty of room to turn around but that doesn't normally happen it's very infrequent we're not going to be having car haulers of the county road or anything like that the last time it happened was probably four years ago three in those type of instances what are the occurrences is it for like a particular show uh it would be where somebody bought a car as I was saying where they bought it they thought it was a good buy they bought it and it's on a it's on a car hauler and they pull in take the car off gotcha turn around go back out they're bringing an individual call off that hleer not like a mass import export of just one okay thank you you're welcome and they use that exist driveway that you have that along the north side of your property that's correct it's a business of trading yeah okay Mr Lata thank you Mr chairman my next witness would be our uh project engineer let's have the engineer come up please you could ask yeah John go ahead John um since this is so you don't currently inspect that pole barn correct but will you start now since now we know uh so if if the approval goes through and it's legitimized as a business uh the fire Bureau actually does a yearly fire inspection they're the ones who uh in fact we've gotten some good information or because they're the they cover the entire town with regards to commercial properties so with those inspections if there's anything out of sorts uh so any fire code for I mean that's quite a load fire load in there yep uh but they also notify us of uh some code violations as well so uh they're they're they're aware of the approvals how a site supposed to be run um and usually they'll come back to us and inform us sayy listen you know this property owner you know has now expanded or we're seeing you know modifications that we don't see permits for and that's when code enforcement gets involved so they're the ones who do it on a yearly basis and keep us informed for the sites that we don't access on a yearly we have no business going in there like Jen said we're usually complaint driven uh unless something's so obvious that uh we notice it as we're canvasing uh different neighborhoods but now it'll be on a regular routine correct it'll be on a yearly yes okay thank you okay Mr can we have the engineer put his credentials on the record please your education and professional qualifications please I've been a licensed engineers in September of 90 uh I got my experience under Donald W Smith in the 1980s designing a lot of site plan work U did a job up here in U off Sunny Side Road it was called Eastport Meadows I think that was subsequently sold to a lar I think they called Centennial Village off Sunnyside Road uh so you're are you a licensed professional engineer in the state of New Jersey yes since 1990 since 1990 and you're self what's that you're self-educated yeah yes where did you go to college University of New Mexico okay very good thank you have you been qualified by a professional board in the state of New Jersey to test as a many okay okay Mr Lana thank you Albert as it relates to the uh pole Bond yes could you discuss for the board um specifically as to that as well as the other improvements what storm water management techniques and uh improvements are proposed as part of this application we're adding downspout recharge units to directly rechar store and recharge water for the addition area to the house there's a system of existing systems but I wasn't asked to discuss that I've SI sized that for a New Jersey D water quality storm in total storage without any uh relief from the recharge that would occur to the pure water quality storm stored uh for recharge and that would be for the additional improvements proposed as part of this application that's correct the house the house and garage and uh after the uh TRC was recently had remotely uh did it come to your attention that there were also down spouts for the pole barn yes there's a series of down spouts that was on a uh supplemental map I prepared and sent to Mr recently yes yes that shows the locations of all the down spouts at each of those it was represented to me that there are 6 foot deep 3ft diameter uh recharge pits that the down spats are directed to to recharge that water Mr chair if I could just interject and maybe speed this along uh so you applicant would agree as a condition approval for any net impervious additions to the single family ding you're going to provide dry Wells for the water quality storm you'll submit to my office as condition approval review and and everything like that that's not an issue yes okay that is correct all right uh uh if it's over 5,000 square feet you're going to have to get free old Soil Conservation District approval uh MTH County Board of Health that's an existing septic system that's been there you know I think they issued a memo as long as there's no increase in bedrooms above four and there's no uh grinder pumps or anything like that um they have no issu isue uh I also want to note in my letter I had a I had cited them for setback or sorry variances for the fence uh for the setback and the makeup I just confirmed with John that's a typ ball on my letter the fence is going to be no more than four foot in height and 50% open correct yes you can provide a detail just to clarify that yeah we're going to need a detail yeah so as long as it's less than 4 ft height 50% open it can be within the front yard set back um once you get above that then there's other restri that kick in right with the height and solid and everything like that um really that's all I have from an engineering perspective I think the biggest part of this was clarifying the use and the multiple uses and how those operate and function together from an engineering perspective you know I think the drywalls will help added stor water concerns and we can hear if there's public if there's any neighboring properties that are concerned you got a commercial property to the north and a commercial operation to the South you know understood Charlie I don't think we're we're going to hear much only thing I have is you're requesting a waiver for constructing sidewalk correct yes only are there other sidewalks on 547 no okay all right Albert is you're understanding that the pole barn has a direct uh Department fire alarm tiin what that it sir is it your understanding that the pole barn has a direct fire department alarm tieing current I'm not knowledgeable of that fact I'll get Mr kryler to confirm that for us but we'll stipulate that it does good Charlie should this be approved is there any dedication easement that needs to be provided in the event the township or the county wants to widen and put sidewalk in it's a county roadway so it would be under their jurisdiction um um so got it all right board members anyone have any questions for the engineer no thank you Mr chair thank you Albert um unless there are any questions for the architect I I wouldn't necessarily call him up because he would only speak to athetic considerations I would go right to my planner Allison coffin I don't think it's necessary but if the board wants to hear it I mean he's here but I don't necessarily think there I have no concerns with the architecture so I would submit that um you know they've complied the best they can and and uh I don't have any they don't need relief for architecture okay thank agre that's [Applause] fine would you uh State your professional qualifications for the record sure hi Allison coffin licensed professional planner in the state of New Jersey certified by the American Institute of certified planners uh continuing since oh 2005 I've been accepted in front of boards in a lot of communities throughout the state and I've appeared here in Howell we'll accept your credentials Al thank you Alison could you tell the board what you reviewed to prepare your testimony and uh the observations you've drawn sure I looked at the application materials I visited the site I interviewed the applicant uh looked at the professionals reports I attended the TRC and I've heard all of the previous testimony here tonight and um what conclusions or observations have you made sure the property that we're looking at is a 2.77 acre a regularly shaped lot it's got 324 ft of Frontage on squankum road and it contains a single family dwelling a detached garage and a 10,000 ft pole barn that contains a vehicle storage use the applicant proposes to renovate and expand the residence to expand the second floor uh it includes an attached garage a covered wraparound ground porch and an in ground pool with patio the finished home will have three bedrooms the current home has three bedrooms the applicant also requests the board's approval to maintain the vehicle Self Storage use in the pole barn which is a second principal use on the site and exists at present without benefit of review and approval of this board the character the surrounding uses of the area includes a mix of residential uh a golf car dealership the ice arena fire station and Mammoth Feed Supply uh the in ordinance has this site in the S1 Zone it's a special economic District the purpose of this zone is to provide for a variety of Economic Development opportunities in areas of the township where Rail and Highway infrastructure are readily available the house is not a permitted use so the expansion requires a D2 variance to expand a pre-existing non-conforming use a D1 variance is required for the automobile storage use which is in my opinion appropriate for this Zone but not a permitted use and a D1 variant is is also required for the presence of two buildings on one lot and there is no bulk variance relief requested with this application it's my opinion that special reasons exist for the granting of the requested use variances and that the site is particularly suited to the proposed uses and there is no significant detriment to the Zone plan or the surrounding properties that would result from the graning of the variances looking first at the D2 variance to expand the pre-existing non-conforming residential use the New Jersey Supreme Court in the Burbridge versus the governing body of Mine Hill Township decision examine the criteria to be considered by the boards when you're looking at a D2 variance the court determined that when the special reasons concept is applied to the expansion of an existing non-conforming use things such as the appearance the Aesthetics and the compatibility of the use with the surrounding neighborhood become uniquely significant especially if there is no evidence that the use will be discontinued in this instance the site contains a pre-existing non-conforming dwelling there's no evidence that the occupancy of this dwelling is going to be discontinued and in this instance the expansion is accompanied by a significant aesthetic Improvement the new home is considerably more attractive structure and enhances the visual character of the site as seen from the road then looking at the D2 variant uh the special reasons are D1 variants special reasons exist for the granting of the D1 variances for the automobile storage use and the presence of two principal buildings or uses on the site the site contains a large pole barn to the rear which can easily accomodate the automobile storage use uh the use is appropriate for the Zone it functions while it's not a self storage use it does function in some ways similar to a permitted use the customer pays a rental fee to have their private property stored in the building in a safe and secure manner however it differs from the permitted self- storage use and that customers can only access their vehicles By Appointment whereas Self Storage usually has 24hour access by way of like a key card system uh so the vehicles here are placed into the building by the business operator not the customer so the activity on this property is far less than a permitted use would be the use is therefore extremely low in intensity there's minimal traffic as vehicles are accessed by the owners infrequently with some being stored for months at a time if not years at a time and all accesses by appointment only and is therefore limited uh much more limited than permitted uses in the zone there's no employees on the site other than the owner there's no maintenance or automotive repair work done on the site there's no gasoline sold on the site and there's no outdoor storage of rented rental space for outdoor storage of vehicles on the site it's my opinion that the the variances can be granted without detriment there's no detriment to the expansion of the home it fits within the required setbacks and requires no relief uh for coverage or height it does not generate significant traffic odors noise and is consistent with the character of the area which contains residences and there's no Det to allowing the long-term storage of cars in the pole barn this is a per this is similar to permitted uses it's low in intensity and it does not conflict with the residential use that exists on the front of the property the proposed variances will not substantially impair the intent and purpose of your master plan and zoning ordinance the residential use is an existing non-conforming use the proposed expansion offers an aesthetic Improvement which will enhance the area H as this is not a new non-conforming use uh this will not have a significant Det to the impact of the Zone plan and the proposed longterm car storage is similar to the character of the permitted uses in the SE D1 Zone and it's therefore somewhat consistent with the zoning in my opinion so for those reasons it's my opinion that the board would if you saw fit have the justifications for granting the use variances as they are requested they would result in no detrimental impact to the surrounding area to the neighborhood and it would not represent a significant detrimental uh imposition to your master plan and development ordinance thank you Allison Jen I I don't have a uh any issue with the testimony I do think that something that Allison stated is something that Andy you might want to just put in the resolution is that there's no outdoor storage of vehicles I would anticipate that that was going to be the case given the nature of the use um but to put it in the resolution I think is is important I I I agree with what uh Miss coffin testified to I I don't have an issue with the the multiple principal uses I think given the uniqueness of the owner occupancy and the things that we've discussed previously the low intensity of the use the house has been there as Mr caner has said they're putting a modest addition on to make it more functional um there's no relief associated with whatever they're proposing um so I I take no exception to the relief that they've requested as part of this application thank you Jen board members do you have any questions just you know it occurred to me I don't know if it's for the planner but I guess it was for for the the owner go ahead ask the question um is is there any work done on the cars on the property or any storage of gas or oil she said no she okay yeah we stipulate to that that is correct there is no work I'm sorry I must have missed that thank you but but my question piggybacking and I was thinking the exact same thing is what protections are there if God forbid there's an issue with a gas leak and oil leak or something to that effect inside the covered inside the uh Paul well it'll go in the resolution that there's no maintenance of vehicles there's no storage of gasoline there's no no but I'm saying if a car is actually leaking such materials I mean I don't know how that's any different than a car leaking in your garage yeah but there's 90 cars in there I get it so is there Concrete in the on the floor yes yes there there's a concrete floor there's video surveillance both inside and outside the building and and as we stipulated there is also a fire fire alarm tie in to the department and the board has in the past put a condition that they have to have spill kits you know in the garage spill kits drip penss all that yes so and then I just add you know you heard the testimony from the uh owner talk about there's three trailers I would just it's not shown on their site plan but should the board not take issue with that say maybe a maximum of three trailers 25 foot maximum in length we stipulate to that condition certainly okay all right members any more questions go ahead is there currently a fire suppression system in the pole barn I don't believe there is yeah just a uh direct notification through alarm to fire that's correct it's up the road I do have a question Mr lado and and I I'm assuming the answer is no but I don't know this are there any any electric vehicles stored in this pole barn I don't like them I'm just asking because I would I would would you be okay if we put a condition that no electric cars be stored in the pole bar absolutely fight with that and the reason I bring that up is that they burn much hotter than than regular car fires and it would take a lot especially if there's no fire suppression it could become problematic certainly stipulate to that condition as well Andy you're recording no charging system and no chargers right and Chargers is that okay too every car is on a battery charger no I meant like No Electronic Chargers I think that that might be something that will help the the fire situation certainly thank you go ahead Mr M okay we make a motion to open the public second all we got a motion open public we got a second all in favor all Ian the board is now open to the public if You' like to make a comment please come up to the microphone state your name and address is anybody want to speak on okay not seeing anyone motion to close sir we got a motion to close do we get a second I'll second okay all in favor I I all right I we're closed the public order is now closed to the public all right Mr thank you Mr chair we appreciate your time obviously we will submit directly upon what we provided as well as the summary provided by your planner thank you for your time and consideration and ask for a positive resolution with the conditions so stipulated and mentioned during the testimony can I just ask one question I know that there was testimony that there's 90 cars there could go up to 105 are we capping it at 105 yes yes just so that just so that John has a number in the event that there's an issue but what happens if you go and he goes 100% vetle bugs he can't have more than 105 and and quite honestly unless there's unless there's a complaint we would have no reason to go there but if there's a problem at least we have a number you got a thing for Mini Coopers yeah that's what I'm say and mg midgets can we have 200 mg all right we would stipulate to a maximum 105 you got it okay it's the pleasure of the board uh Mr chairman members of the board um based on the finding of facts big stipulation I agree with Jennifer was we need to eliminate that parking area in the front I think with the extra Gage that you're putting on I don't think we need that and also what was the other thing I wanted to and with the stipulation if the property is sold that deed that will be in the deed as far as somebody else taking over the property and that would have to come back here so and I think it's a great great you know works well on the site and I like the plans and everything so I my motion's to approve okay we got a motion to approve do we have a second I'll second that Mr caner Seconds it ien roll call please Mr burillo yes Mr caner yes Mr Hughes yes Mr merens yes Mr Rosco yes Mr Ryan yes and chairman seya Mr L mamm County Board of approval and all the other items that come along with it and working with our professionals please yes sir yes the application is approved thank you thank you very much everybody good luck thank you thank you all right Eileen when's the next meeting February 26 26th I I hear you saying yes okay February 26 February 26th all right same channel thank guys same channel all right [Music] so night and they'll make sure it's right but the bottom line up front is if you put in a deed restriction in there and it and it and and and the approval is based and modifies the de then there becomes condition that you know his son would only be able to inherit it and do what he needs to do with it I don't think we're going there I think what's happening is someone takes over no matter who it is man woman you know anyone they have to come back here for reaffirmation yes saying that I own it I want to continue to run it in this manner I don't or I don't letter of use yes yeah I agree that yeah then I think that's acceptable absolutely all right we need a motion to close we need a motion to uh adjourn this meeting motion to adjourn we got a motion do we have a second okay we got a motion and a second all in favor all right all right this meeting is adjourned good luck tomorrow