all right good evening everyone welcome to the February 28th Ling board meeting am um everybody please join me in the silent prayer followed by the oath of Allegiance pledge allegiance to the flag the United States of America and to the Republic for which it stands nation under God indivisible liy and justice for [Music] all adequate notice of this meeting has been provided indicating the time and place of the meeting in accordance with the chapter 231 of the public laws 1975 by advertising uh notice in the Star Ledger as well as The Express Times by posting a copy on the bulletin board of the municipal billing building so the first order of business we have here is some appointing and reappointing up first Robin George last one M George I'm going to have you stand and I'm going to have Mr Weed stand as well I'm going to administer the you so you don't have to fully repeat it and you're just going to have to affirm when I'm done you swear or F that you will support the Constitution of the United States and the Constitution of the state of New Jersey that you will bear true faith and allegiance to the same and to the governments established in the United States and in this state under the authority of the people and that you will faithfully and partially and justly perform all the dues of the office of a planning board member or an alternate member of the planning board to the best of your abilties so help you go yes I do yes congratulations con yourself will on the right hand side down the bottom there's a spot for you to sign on the top line put your address in and then if you want to give your oath over to Mr Bryce he will notorized yes members Co here Mendez here here Coy here George here Vice chairman chairwoman Deo here always going to beair Lady chairman Samson here and Alternate Brian weeks [Music] [Music] here okay some old business uh has everyone received the minutes July 26 and January 24th everybody get that yes any questions comments anything all right would somebody like to make a motion to approve that those minutes [Music] motion so I'm going to roll call them separately because some were not here in July okay so we're going to go members coil and you'll say yes to both or whichever one you're going to approve okay okay U members coil uh yes to both okay Mendez uh yes to January 24th okayo yes to both okayy yes to the January 24th thank you Robin going tostain abstain yes uh Vice chairwoman deel yes to V chairman Samson yes the both and Alternate Brian Le July stay January okay all right so up next we have the resolution uh to approve the cubes US 22 sub1 LLC block 102 Lots 901 903 memorialized amendment to preliminary and final site plan approval somebody want to make a motion to approve that make a motion to approve and just before there's a second well actually after the second I'll discussion I'll second roll call no no he's going to discuss I just have to discuss if there's a second oh there has been a second okay um Adam has taken a look at the resolution he's recommended a few modifications just the certain numbers in there probably because my secretary uh screwed up the dictation of the numbers um they have no material change to so I would just say that the resolution is supplied as amended by the board engineer be approved so be it okay I'm going to roll call that and it'll only be the members that were here uh to hear that so be members uh Co yes Melendez yeso yes Coy yes uh Vice chairwoman Deo yes chairman Samson yes okay next up we have a um an honoring for uh longtime volunteer V Gary Van Ved for his years of service uh to the Low pacon Township planning board would somebody like to make a motion to approve that motion I likeed roll call uh yes members Co yesz yes Le yes Coy yes George yes Vice chairwoman de Leo yes it's getting easier uh chairman Samson yes and Alternate Brian weeks yes should I read that somebody want to read that I can read it want you to read it Okay resolution of the planning board of the township of leacon County Warren state of New Jersey recognizing and honoring Garrett van B whereas Garrett van B is a longtime resident of the township of lakan warrren County New Jersey and whereas Garrett van bleet was appointed to the planning board of the leac of leac on Township in 1996 and whereas Garrett vanet was elected by his planning board colleagues to serve as the chairman of the planning board and held that position until his voluntary retirement at the end of 20123 whereas Garrett vanet Faithfully served L pacan Township for over 28 years as a volunteer and whereas Garrett Van's service contributed greatly to both the welfare and betterment of the residents of L pacan Township and the township of lakan itself and whereas Garrett vanle has distinguished himself as deserving of recognition and honor for his sacrifice and the quality and longevity of his service to the township of lakan now therefore be it resolved by the plan Board of the township of leacon County of Warren state of New Jersey that it hereby hereby recognizes and honors Garett van B for his distinguished service to the township of lakon and expresses its gratitude to both him and his family for his valued contributions to to the planning board and to the welfare of the leacon Township community we it further resolved that the members of the planning board of the township pacon offer their sincere thanks to Garrett landley and his family he had finally resolved that this resolution shall be recorded and spread upon the official minutes of the planning board of the township of leacon for posterity and that a copy of the say shall be provided to Garrett van Le Gary's not here tonight uh but uh our chairman Mr Samson is going to visit him tomorrow and make sure get on a personal note Gary you know and his family are going through some uh tough times so he could definitely use some uh Positive Vibes and some prayers for sure uh we should all take a lesson in you know his Good Will and you know his volunte for the township for so long we appreciate that I'm going bring the cheesecake tomorrow I did go to see him on Sunday he told me did you oh great yeah he was he was in good spirits he was good very nice and he's feeling well sweetheart pardon did he hurt anything with his fall or is he feeling well we didn't get into that he's in physical therapy now okay and he's doing so many steps you then kind of increasing them as the days go on so uh but he yeah he was in good he was in good spirits he was he was a good guy yeah he is really a good friend Okay so next up we have the ordinance to amend chapter 243 uh entitled zoning ordinance to revise non-conforming structure chairman this is an informal recommendation to the governing body uh for a zoning organs change as you know our zoning officer is now part of the board and one of the problems that the zoning officer faced was that he would have residential structures that that wanted to expand but were nonconforming as to sidey yards and the way that the current ordinance reads any expansion would basically be a variance the way that it is traditionally handled through other municipalities and other places is that if you want to do an expansion that will not intensify the pre-existing nonconformity you would be able to do that like let's say you want to put it on addition to your back part of your property uh and you had a front yard nonconformity you'd be able to do that without a variance that's what this ordinance is drafted to try to address so that the zoning officer himself can say you're not intensifying a non-conforming condition you're doing an addition in a a yard and otherwise complies with zoning you're a one or two family half house you ought to be able to do that without coming to the board it's designed to try and streamline things for residents not commercial properties this is just residence it's just one single and two Family Residence um the language of course is completely negotiable it's just draft language I just put it out there if George obviously has any issues please feel free Adam if of course if our zoning work our zoning officer does he will speak up I tried to draft it as broadly as possible so that our zoning officer could go out and say to a resident yet you're not creating a worse variance condition you can do what you need to do just to make it easier for the residents does everybody understand that mhm and the language and again this is just the draft the suggest to the governing body they don't have to act on it it's just a recommendation to them there's no formal action that even needs to be taken except to say yeah we recommend it okay so maybe we should take a roll call vote to recommend it yeah and if you want to talk about the language you're more than welcome if you want to hear from cuz I kind of threw this at at the last minute you may want to take a look at language and see if it squeaking over here um comports with the what you think that it ought to what the resolution is is trying to correct is that is this one sentence in the current ordinance which is under 24 I'm sorry 24360 A1 the the St the standard there starts out a non-conforming structure shall not be altered unless such alteration would tend to reduce the degree of nonconformity that one sentence makes anyone coming into the zoning office whether the addition is conforming to setbacks or not he would have to come before this for a variance because almost no one's application makes a pre-existing nonconformity less non-conformity uh and what this is trying to correct is that one requirement and I I think it does and and I think it would uh reduce a lot of pain for the individual homeowners in town uh to come before the board to get variances for something that technically meets all our sidey yard setbacks uh and does not make the home more non-conforming so I I think it's a good thing uh it should take some pressure off of some of the homeowners and uh and I don't think it'll have a a serious impact on uh the quality of construction or anything like that in the township okay I have a question I'm going to use my house for a second okay my house is close to the road all right so my setback is my yard and everything behind me and the side me all right if I want to put a deck around my house all right and if it's not I do have to be non performing this would eliminate that yes well it depends on if you're going to be putting a debt into another sidey yard well it's my whole property is what I'm asking you is how is it how does it work is what I'm asking may all right so imagine you're building in BL all right so Brian I'm just gonna it it's kind of informal let's say this is your lot yeah y right and let's say this is under the ordinance You're Building envelop in between okay and let's say your house is situated like this I'm going to put X through it sir so your house is obviously violating front sidey and you wanted to put a deck back here right or an addition back here yeah some kind of building structure which does not increase the non-conformity of the front or side guard that's what that's what I want that's exactly right you'd be allowed to do that in the building envelope okay that's what I front porch but if you yeah to make that front yard lesser then you'd have to get to do that's right or if what you were proposing to do increased your impious coverage permissions above what is allowed You' still need a variance I got you what it's trying to do is saying if you're not increasing the pre-existing non-conformities then you're okay you're okay you do it in the back you're okay you otherwise comply you're good and you don't have to spend the money to come to this border um what would make something non-conforming the age of the or people getting variances at the time when they built the house would that be a non-conforming thing it could go back to being okay or usually non and and George I'm sure will aine on this generally pre-existing non-conforming structures are based upon history so I'll give you probably Brian house my house is built in the early 1800s it has basically no front yard because it fronts on a county road we don't have a front yard setback it's a pre long pre-existing zoning so it's a pre-existing non-conforming condition not a pre-existing non performing use but a condition most of the houses that I think that you will find were built at least in La pacon were built at a time when they were l but now subsequent zoning changes have made them because of yard setback changes or other sidey guard setback changes unlawful but they're pre-existing non-conforming so if you're in that even as a lot size let's say it's built on a lot it's pre-existing forming you'll otherwise comply with the General requirements but you want to put an addition on you're not increasing the non-conformity beyond what the ordinance allows you're okay to do it so if the setep back was supposed to be I'm just going to make it up here 20 ft back my house is only 10 ft back I'm not I don't make that criteria I would had a come to do anything to my property before now what I believe they're saying is we're going to grandfather that in and give me Grace on the backside and and side or wherever as long as I don't change that front side that's right and if you expanded the front side let's say laterally and you're intensifying it You' still need a variance gotta it's only in the build basically allowed building envelope you're allowed to do whatever you want more freedom all save 1500 aot no that's a lot of money I mean because because oh it's awful because the truth of the matter is under the legal standards you have a lawfully pre-existing nonconforming use it's almost an automatic hardship so they're coming to the board to basically get a blessing for something that they ought to be allowed to do and you're just allowing the zoning officer to basically say yeah um you're not intensifying anything you're not making anything worse you ought to be allowed to do that as a homeown would this translate to an undersiz lot not necessarily not necessarily unless there and George you can app as to that yeah basically the way the ordinance addresses the non-conform a pre-existing non-conforming in other words it was created legally is we have a clause in the ordinance here that basically says that you're allowed to develop it for the permitted use provided that you meet the setback standards of the closest zoning District to your lot size other words if today we got you in a 3 Acre Zone but you happen to have a 7500 Square 7,500 foot lot you would go to the zoning code and look up what the closest lot is to 7,500 and those would be the setbacks you have to meet all the other standards impervious cover you'd still have to meet based on the old code but you could develop it uh you'd be grandfathered in you could still get a house on it or whatever all right so then our action is going to be to recommend this to the Town Council is that the vote that's simply it to recommend it okay so does somebody want to make a motion to recommend this ordinance that we you know it's got our blessing we recommend it uh to the count Town Council to somebody you want to make that motion I make a motion to recommend it I'll second it roll [Music] call just a question uh can Mr PLO vote because he does sit on Council okay members Co yes lendes yes yes yes George yes Vice chairwoman Deo yes chairman Samson yes and Al ran yes now just so you know if the governing body does choose to act upon it it will come back to this body for a review for master plan consistency and go back to the governing body because that's just the process we have so you may see it back again if the governing body does choose to act upon it perfect somebody like to make an uh a motion to adjourn I'll make that motion all in favor oh no I a second oops second all in favor all all [Music] against