uh I'd like to call to order the regular meeting of the Mars Township Board of adjustment for Monday June 24th 2024 the legal notice required in accordance with the open public meetings act has been satisfied and a statement certifying sh will be executed please join me in the to the flag of the United States of America and to the Republic for stand One Nation God indivisible and justice for all Sano Mr Goldberg here Mr benois here Mr Kramer here Mr Woodford here Mr Hansen here M yes and sanago Mr Ola I'm here okay next we have um ba- 17-23 uh 40 Springbrook Road and this is only to set a date is that correct yes Michael Ewing's application the only purpose is to set the next meeting date okay and uh at this time we have not been able to establish a um a date for a special meeting correct that idea is still out there and open so we're going to assign them to uh a regular meeting date that meeting date would be in September what would be that date sanago 23 September 23rd so the uh Ying application for 40 Spring Brook Road would be carried to uh September 23rd the regular meeting uh in the event that uh we are able to get a quorum for a special meeting and Mr ying and his experts are available he would have to give notice as required by law anything to add Mr well just at the September 23rd meeting is without further notice right so if that date changes and it's earlier there'll be a notice with respect to an earlier date okay any M of the public have any questions on that so Mr doesn't you got to identify yourself Mr n even though we know who you are Tony nen 38 spring brick road so if if it's not the September date the date uh would we would receive that in the mail so yes the certified mailing Reed okay very good thank you okay all right Mr Williams has uh taken a seat on the board is now present uh the next matter is is ba- 5-24 sanago yes Mr chairman this is v8- 0524 v f uh block 8104 lck 51 18 great Burn Way in the ra15 zone for section c the applicant proposes construction of a one-story Edition that creates a right side yard setback of 17.8 ft where 20 ft is required and a combined side set back of 36.3 ft where 50 is required the applican will also seek a variance relief for the expansion of an existing non-conform instruction okay Miss and who else will be testifying okay would you that microphone on just press the button down until the green light comes on there you go sorry sorry it's uh my architect Joe maresi okay would you both please stand and Kate may as well swear you the same thing you all please stand raise your right hand and Dave sorry you somly swear that the testimony you'll give to this board will be the truth the whole truth and nothing but the truth so help you got and would you each just uh State your names for the record please thank you we Mari is here as the architect yes Mr Mar could you just give us the benefit of your credentials please uh yes um I practiced in Mars County I graduated from NJIT with a bachelor architecture in 93 I passed my registration exam in 2000 my practice in 2002 my license is current and in good standing I've appeared before the boards uh Jus chadam andison and of other okay we'll accept as a expert in archit thank you my house was built in 19 1959 which is when my family moved to the township as part of some improvements to both the interior and the exterior of the house I would like to rebuild the garage in the original design of the house the entrance to the garage was supposed to be perpendicular to the front door with a driveway curving in from the street that was a popular design back then instead the entrance was moved so that the doors would be facing the street with a driveway straight in from the curb the roof however was not adjusted for this change so the garage has always had a lopsided look with the right side having a longer and a lower roof line and a shorter wall that the wall on that side is just over five feet and you can see this unevenness in on the first page of the site plan with the proposed reconstruction the garage will be reframed to have a much nicer symmetric appearance and will improve the overall appearance of the house and this is shown on the fourth page of this of the pl the plan also calls for increasing the length of the garage by 3 feet and the width by one foot to accommodate some additional storage and more clearance when opening car doors the proposed increase in length meets the requirements for front yard setback in the ra15 zone that I'm in but that small one foot addition to the width requires variances because it is below the minimum for right side and combined sidey yard setbacks because the existing structure is non-conforming also for right and combined sidey yard setbacks I also require both variance relief for the modification and expansion [Applause] also propos that yes but that uh does not require a variance it's within the setb so it's just the garage that we're we're conc just the one foot on the garage is what's in question I mean there's some other um upgrades to the house right they don't requ they don't require VAR so just just one expansion your property yes board members any questions so you're moving the the center the the center of the garage roof is moving over yes yes now when I look at the pictures on page sheet one the top picture obviously is different from the middle picture it's just a different angle what's the difference there it's just the photo is taken from a different angle that's all well I see that Dormer in the in the back area yeah where the kitchen is I don't see it huh no I I when when you're looking straight on you don't see that wow you only see it on the side it's not Dormer it's just it's because of how the roof is pitched right I think it kind of hides it okay no further questions any other board M front no uh there's no VAR for the front yard just for the side the one one combin correct yeah 53 and a half any other board members with questions any member of the public with any questions and Mr do you have anything to add to that I would just like to add that the impervious and building coverage are can you use the microphone please thank you would just like to add that the impervious coverage and the building coverage do conform to the uh requirements of the ra15 and it's a a minimal addition to the structure uh the redesign of we've kept the roof pitch low so the garage will not overpower the front elevation and uh with it being symmetrical now presents a much nicer look to the whole have you spoken with your neighbor attorney this the neighbor to your right um no they they have they contacted you regarding it no any members of the public with any questions of either the applicant or the architect see nothing hearing nothing oh I'm sorry board members any question to the architect all right I see this as a very minimal intrusion and really does enhance the uh the uh layout of the house and the garage makes the garage much more feasible and usable and I'd be in favor of uh of granting these variances as required and if other members are in agreement I would entertain a motion I'll make a motion to approve the application I have a second I'll second okay Mr Santiago Mr goldber yes Mr B yes Mr CR yes Mr Williams yes Mr W yes so thank you so much so we will have a resolution for you at the next meeting and um after that you can apply for your permits okay okay thank you good luck next application is ba6 Thom next applications c624 Thomas jordano block 9202 l seven 17 hour Head Road in the r835 zone for section c the applicant propos a construction of a one story Edition that creates a fune setback on the honeymoon Lane of 64.8 Ft where 75 ft is required and a front yard step back on Arrowhead Road for the front porle of 46.5 Ft 75 ft required the applicant will also seek a Rel for the extension of nonconformance structure the Wii is on the that's goldber did you receive you didn't you're not within uh I went over that Mr Goldberg he's not within 200 feet all right that okay just give us a second we'll uh join the meeting here so we can share I think we're in the meeting all right then I don't see anything you haven't put anything up yet can I share screen or yes okay don't see that bottom middle no raise hand I don't see the typical share screen capture we can also so if you have the plans I can obviously just uh go without the visual you follow along with the plans oh we go present I think it's it's working now as a panelist I use the uh code that Santiago provided here we go all right so then before we get too far can you all stand again please Raise Your Right hands y you solemly swear the testimony you will give to this board be the truth the whole truth and nothing about the truth so help you go and again if everyone just State your names for the record please Cisco the 1200 okay everyone thank you all right so would you just spell your name for me sure first name z s i r o middle name Chrisco p r i s last name t t is and Tom a r quu i n i o that'll be the hardest thing we'll talk about tonight all right all right all right and yours testifying in what capacity uh I'm a licensed architect in state of New Jersey I have a master's degree uh from nit um my license is active and in good standing and I testified in front of several boards such as Westfield uh Milburn Monclair and others right except you was an expert in the field of architecture proceed Mr Woodford if possible I just my fiance Andrea is behind me she did not uh raise her hand but she may have contribute to some questions I may not be able to answer because she was much more involved in the project well why don't we swear you in as well W you stand raise your right hand you solemly swear that the testimony you will give to this board will be the truth the whole truth and nothing but the truth so help you God okay and would you state your name please Andrea mana and would you spell your last name please MN a thank you okay all right thank you good evening um as Mr mentioned um we're discussing the um property at 17 Arad Road um it's in R35 single family residential Zone the lot is about a 1 acre lot um I have here in front of us the existing survey this survey was created in 2014 When U my clients purchased the property um all of the improvements shown on the service are current and depicts the the exact existing condition um and this is what we have in our packet right this survey was provided as a sign and seal copy of the survey and then I have this survey with overlay proposed on the front sheet of the architectural set okay I'm not going to mark it then okay okay thank you um this is a corner lot we are fronting on Arad Road and honeymoon Lane the require setbacks on those two streets front yard setback are 75 ft on each Street uh the existing structure is existing nonconforming by quite a bit uh the house distance to Arrowhead Road is about 50 fet 41.1 on one corner 50.7 on the other corner and on honeymoon Lane the right side of the house which is the garage side of the house is 45.1 Ft from the road uh and the other corner 52.3 from the road so the majority of the existing structure is beyond the allowable front year setback um you will see in the proposed that we're proposing two small additions to this house one is a very small front overhang over the existing front stoop that of course needs a variance for front your setback the other addition is also a very small addition in the back of the house for a laery and mud room Edition that will partially displace a small area of pavers in the back um and that also needs a front year setback um variance from honeymoon Lane ignore it it'll go away e okay um we have the same survey addition on the right page on this 75 front set um from both streets I'm going to try to connect while we wait on this proposed survey um so you can see the small sh area in front of the house that's the over justy that over is 24t it's 8 wide um and only 3T projection um it's supported by brackets as we'll see on the elevations has no columns and it's just being proposed over the existing scoop the area in the back that is shaded that is the mud room laundry Edition that's happening the level um that addition is 168 s feet um if we move quickly to the zoning chart which is just the left of the uh survey I just want to go over all the other statistics um area with and DEP of course issues there we perform FR your set as I mentioned we'll need varing relief on both streets um we'll need a VAR for um proposing 46.5 um for the overhang where 75 is required and proposing 64.8 from the mro Edition over 200 Lane where 75 is required uh no variance requir side setback the side on the left side of the house the house is conforming and there's no work proposed in that area purose coverage no issues there 35% is allowed is about 11.8 the proposed is 11.9 again very small addition re setback 50 is required the house is conforming with 121 in change the proposed re addition will shorten slightly to 115 but still well within performance uh building coverage allowed 15% existing 5.1 proposed uh 5.4 um no change in Building height because the addition is a one story Edition it's much lower than ex structure and no change in Building height PL is the basement Flor this is just for Conta so we're looking at this plan on the right side Building a garage that are facing on Lane um as you can see it really only fits kind of one and a half Cars the second day is very short and it's even made worse by a powder room that was added to the house likely at some point um coming in from the garage is a very small and tidy laundry room area and then you can go up into the other levels of the house the bulk of the work that we are proposing is to enlarge that mud room and remove that PO room to make room for better level you can see weos to remove the PO room and the addition will more SI laundry room forry are relocating and we're creting a little better of a mud room with the drop are with some closets and cies and a bench toal amount of small moving on to the next page this is the first floor plan first and second the split level um the only work proposed here which you see on the following page is interior work it doesn't affect uh the zoning and the gues doesn't gues but just to give you some context um we're proposing to R the kitchen the dining room family room locations the bedrooms are to stand change the office will stand change the sun will stand change you can see here we're renovating the kitchen and again a family room space that was in the front of the house is not going to be in the back of the house enjin more backyard and the down space that was in the rear is not to again these are all interior Renovations just comp she we can see the roof line looking um at the addition in the back and you can also see dashed in we showing the 8T wide by 3T deep uh roof overand it's really not for doesn't have columns see on the elevations and that is actually shorter than the existing front on the next sheet we can see elevations of the house exting elevations of the house the top elevation is the front of the house so that front door right now has zero cover from the elements so we're proposing to add see cover C and on the right side elevation you can see the side of the house facing Lane thear doors the top elevation you can see that overhang supported bys um the height of the the bottom of the overhang is about 9t of grade which is matching existing roof line of the house and again the the width of it is 8 wi the lower elevation now shows on the side of the garage but push back from the garage toad is that longer room addition one thing that's important to note here is that um this is pushed back as far as you could from H Lane and does not approach onto that on your set any more than the existing structure actually is more um existing elevations the top the top elevation is exting rear of the house so that door on the left side of the plan we're looking at the side the rear edge of the garage that is where the Edition is being proposed um and then the bottom elevation which is really unch window1 the rear elevation shows the as you can see we have door into the laund room the window that is the laundry room we kep the roof line really as low as possible um it's a fairly low pitch it's 4 on 12 front back um low obviously to allow the windows on the second floor to still have View and natural light air but also to keep the addition as small as possible so that it's least visible from the road um on the uh rear of the house we are proposing another little overhang over the rear door that will essentially match what we're doing in the front but this overhang is within the build does not requ on the bottom elevation on either end we can see those two overhangs so if you look on the right side of that left side elevation you can see the side view of that proposed front roof overhang and on the left side ofation you can see that re um that's basically the project um a couple of things that I just wanted to point out um as far as the front overhang um we think that um it's consistent with the character um of the neighborhood um the ordinance in fact um encourages porches and overs and does have an exception for overs that can project setback um we can two of the three criteria we're not wider than 8T we not deer than 5T however we cannot meet the maximum 6 fo set because obviously the entire building is set we do believe we are designing within the spirit of ordinance as far as reedition as I mentioned we're keeping as small as possible well sized in proportion relative to the existing structure um and the least visible from the road as possible um and I think that's it questions Happ any questions explain very clearly any members of the public question is that's correct nothing else that's corre there is a third variance but that's expansion of nonex anything else to add has been testified to these are very minimal expansions uh they will enhance the safety on the front steps allow people approaching the front door to stay dry uh also the uh mud is further back from the honeymon Lan and the existing stru and not further [Music] impa gr this agreement motion I'll make that motion Mr chair we've had these Port goal of covering on the sport this time and time we been over second second Mr goldber yes Mr Williams yes Mr Ben yes Mr yes good night can you please turn on that microphone thank [Music] you which your microphone too [Music] [Applause] okay our next application is-4 d24 columia Road Partners LLC block 903 BL 10 65 Columbia Road in the OSU zone for Section D this is a continuation from the May 20th 2024 public hearing the applicant proposes construction installation of three pel ball courts with a fence height of 13.2 ft exceeding the allowable height for tennis court fences and before you started just for the board and Mr chairman I just wanted to point out that at the last meeting we had indicated it would continue uh on July 22nd unless an earlier date could be arranged with notice which has now happened since it's uh June 24th for their continuation but the continuation is with notice which were properly served on owners within 200 ft and noticed in the newspaper so the board has continuing jurisdiction thank you thank you good evening Mr chair members of the board board professionals Frederick zeli post poic on behalf of the applicant uh we did meet uh before you on May 20th uh got through quite a bit of our application uh the board had some concerns there were neighbors president who had some concerns primarily with buffering and so forth um so we have addressed that with the neighbors we'll be showing you what the outcome of that has been uh the board also had concerns with lighting and what would be required there uh we have submitted revised plans more than 10 days in advance of the meeting and you should have them in front of you uh I have three Witnesses this evening to be sworn in but it's my intention at this point to only call one the other two will be present uh if there are questions it's more appropriate for them to answer uh specifically uh John manilo uh will be standing in um for the engineer who was here before uh he will be going over the engineering plans the revised plans with you we'll also have Kevin Costello uh and Matthew rudo who are principles of the applicant uh should there be any more applicant specific questions as opposed to engineering questions uh before we get started though I do want to uh thank you all for accommodating us this evening instead of in July uh that is a major thing for our client if we're approved this evening for them to be able to uh get these boards up and R his courts up and running I think you're familiar with what the application is overall but just as a quick overview uh we're seeking to replace an existing aging and obsolete uh clay tennis court uh with three padel ball courts uh this is a upand cominging sport uh here in in our country but uh very popular worldwide uh we believe it's going to be very nice addition to for the community's use uh that being said unless the board has any questions for me I will turn it over to Mr manilo once everybody's been sworn in would you stand raise your right hand please Kate you somly swear that the testimony you'll give to this board will be the truth the whole truth and nothing but the truth so help you God I do and again just for the record names everyone's name and sure so legal name is Giovani G IO VA a n n i last name manilo m a n i l i o just name Kevin costell c t l l o with the applicant Matthew rudo r i zzu t o thank you Mr manilo I'm going to ask you to please uh well first of all let's get you qualified uh you're a licensed professional engineer of the state of New Jersey uh yes I am okay would you give the board a quick overview of your educational and professional background sure so I'm a Bachelor of Science and civil engineering from Syracuse University I've been practicing as a professional engineer in the state for the past 16 years um in in good standing also licensed in the state of New York uh testify for numerous boards throughout the state of New Jersey I can't say I've testified front of this board but I have testified um in front of other boards in Morris County including chadam Denville East Anover Hanover Long Hill Mount ol rall Washington LIC good standing in good i' ask Mr M be qualified as an expert in the field of professional engineering qualified thank you Mr Melia would you please just take us through the existing plans as they are and you can highlight any changes that have been made since the original application sure so I'm logged in Zoom not sure if I could share my screen settings here does it see me on there is that controll in the other room they control that the zoom is through in the other room like the host the host is in the other room yes all right so this is the devised plans that were submitted uh 10 days prior to the meeting um with the the last revision date of June 3rd 2024 so just go briefly I know this was touched upon last time on the upper leftand corner of the plans that were submitted is the existing conditions plan um in the um dark highlighted box is the area of concern or area of the site plan as you can see in the middle is the existing uh clay tennis court that was um in that area um and then I'll lead you to the middle of the page which shows the proposed pel courts um so there's three of them as described earlier um basically in the same footprint of the old tennis courts and further up on this on the page is a isometric and side view of the proposed um ports and fencing just want to zoom in right here to the um the variance that we're seeking tonight which is the height of the U fencing or paneling that's on this court um so everything's converted from metric into feet so as you can see and as testified at the last meeting um the S the court is surrounded by um either a tempered glass panel which are shown here as a as a white uh box on either side of the Court um and that's 9.84 feet for Simplicity we're calling it 10 feet on our plans um and then the black um kind of mesh area is a a mesh uh w fence that's located along the center of the Court um and additionally on top of that at the ends of the Court there's another a little over three feet of um protection that's another mesh that that protects any balls from going out of the um the area so ultimately the variance that we're asking for is a variance of 13 feet 2 in for the height of the fence where 10 feet is per um actually I believe six feet is permitted for the ordinance um and lastly what we're showing here ALS as well are the light poles that are associated with the ports shown here so there's four two on each side of the court with a height of 20 feet and they are straight down so there's no um angle to those lights and they are LED and that'll lead me to the second page of our plans we just ask you are the heights of those lights with intolerances or do we require VAR uh they are in conformance with the requirements for illuminated ports okay um so this second page of our sheet is a lighting plan and Landscaping plan um so this has been updated to show the foot candles of the lighting illumination um and represents the height of the fixtures so there's technically eight fixtures mounted on four poles per Court um and they all amount of 20 feet the court is a minimum of about 52 feet from the closest property line to the South and approximately 87 feet to the property line to East um in ordance with the uh Township ordinance there is a traditional ordinance for recreational uses with illumination I'm just go throughing it real quick um as far as compliance it says such illumination shall not operate before 7: am or after 11: p.m um and shall and shall not be operated when recre recreational uses are not in use um on our plans we did show that they will be operational until 10: p.m. um there were several conversations with the operations and with the neighbors and um we're going to revise that that that condition to be 900m um and that's something that was agreed to with the residents and I think our clients and the applicant wants to be good neighbors and work with neighbors far as illumination uh B it says in order to prevent direct or indirect glare all lighting fixtures for private recreational uses shall be designed and located so that no part of the light source is visible directly indirectly from any adjoined property or public street again all the lights are directly facing downward uh there's no angle to it so the actual light source will not be visible from any of the neighbors additionally all the neighbors um to the east and south are actually um their elevation is is higher than the court uh so they will not be able to look up and see the actual fixture um C no light providing illumination for recreational uses shall be mounted at a height above surrounding grade that exceeds 20 ft for tenis courts or 10t for all other uses surrounding grade shall mean the lower of the average existing grade within 10 fet of the fixture prior to any regrading um for the purposes of compliance with the section or the average proposed grade within 10 feet of the fixture again there's no change in grade um so we are proposing a fixture that is mounted at 20 feet in height which will be in compliance with this condition Mr Melo in your professional opinion is a Fel ball court analogous to tenant core for purposes of this kind of analysis yes ask Mr about that what what about the the ordinance there 23 tennis courts should we just includ you know I think I think we should but it's ultimately you know an interpretation of the board if this court and is the equivalent of a tenis court because the ordinance speaks in those terms air on the side car should I but I would I would I would yeah like what what about other board members would they rather include it as a variance or just go with the agreement which the tennis Lighting in conform with tennis court Ben what would you I kind of think that we should we should state in the state in the approval that we those anoun okay yeah I mean it makes sense to me to include it as a variance and then you know the ultimately the T of Comm could you know things change right langage yeah and you know it doesn't say tennis court or similar it just says tennis court and it's not tennis so I would include it but something for the township committee to address at some future date for some ordinance Amendment yeah we're acknowledging yeah and also keeps us on the straight and nrow with regard to the ordinance right okay no problem uh letter D in order to prevent light trespassing all light fixtures used to provide illumination for recreational uses shall be designed located and constructed so that the maximum illumination from such sources at the proper line does not exceed 0.1 foot candles um so our lighting plans do show that we do not exceed 0.1 foot candles actually for majority of all the the joining property lines we are at zero foot candles uh just at this one corner the South corner for five F feet we are at 0.1 foot candles again which is in compliance with the condition and again when this um is modeled in in the program it does not take into account any Landscaping any buffering um any elevation changes it's it's almost in a vacuum almost like a you're in the Midwest and a field with with nothing in the way so if anything there will be even less illumination at that property um e no part of a recreational use with illumination and no fixtur serving such use shall be located within any minimum required front side or rear yard um this Zone does not have any bulk requirements as such we comply with that requirement as well F all private recreational uses for illumination shall be screened from adjoining Properties by staggered rows of everen trees planted 10 feet on Center and having a minimum height at planting of 8 ft um so as you can see in our plan this is one of the changes to our plans we show two things we show um the base map that we used was the old site plans um so we're showing here is one two three four five six um previously planted um trees that were part of the 2019 application and those are presently out there and you can confirm that um we are proposing 17 um double row staggered of green giant arbores that would be 8 when they're planted and that's on our property and that's that's to provide a screen around around the the entire uh Port system um from the residential neighbors um there's no need to screen it um off the Columbia Road since we do have that that Dome structure that that's there right now or the inflated structure um and additionally there was agreements with the neighbors to plant um trees on their properties as well um so we are planting um four arbores on uh number 26 Normandy and then there's a series of six uh trees uh believe they're colado spru and confirm the other one is U White Pines that we are proposing on number 24 Normandy and again that's in conversations and and um coordination with those neighbors as well Mr manilo in your professional opinion even though we don't have setback requirements in this Zone do you believe that the lighting is sufficiently set back especially with the buffering uh to prevent any detriment to the neighbors yes and given the fact that we meet the requirements for the illumination at the property Lin I I believe that the port and the lights themselves are are set that I have nothing further for Mr manelo at the moment uh I have a question on the arbor ready did you get a plant they said they're going to be 8 fet when they go in and what's going to be like their maximum typ when they're fully mature um I don't know off top of my head how how tall they grow but I know they could grow up to 35 40 fet if not board members any questions yes um I shoulda question for Mr H witness said that the ordinance is for 60 this is for basically tennis court is it 10 ft or is it 16 we were going to call it a tennis court weow 10 foot on the end zones of a tennis court with six foot down the sides six down we're not calling this tennis court therefore the variance is for greater than six okay thank you and these dimensions for these courts they the regulation size per the testimony at the last meeting yes that's corre yeah for this that's yeah they're approximately a third of the size of are these walls going to be plain colored or any graphics on them negative good thank you I shouldn't say good apologize thank you any other question from board members any members of the public with any questions seeing he CL the public portion any other Witnesses uh no other Witnesses the board has questions that haven't been addressed yet by Mr think all the other factual uh testimony took place at the first meeting any members of the public say anything regarding this application hi my name is Elizabeth nater I'm 24 Normandy Parkway and last n like Nancy a d e r nater are we doing comments now or just questions no you said questions were closed I'm just giving a comment comments you have any other Witnesses you're done weum comments then would you raise your right hand please you Solly swear that any testimony you give to this board will be the truth the whole truth and nothing but the truth so help you got I do thank you did you 24 24 Normandy Parkway our property is actually the only one that shares an entire my entire backyard is with um Twin Oaks or whatever we call it now I don't know I've lost track um with the applicant so they have been very helpful in meeting with us several times on site our concerns were sound and so the 900 PM closing is a big deal for us um has my my actually my bedroom faces over I can see the Dome from uh from our bedroom balcony so any lights or any sound in this case we're not worried about lights because it's lower but any sound would definitely be an issue so we appreciate the 900 PM um also the placement of the trees and um not only on our property which is key because it finally closes off what some other trees that were planted in the last round of um variance hearing but also on the actual property themselves around the courts I think it's helpful um we don't really know with this padel what it sounds like but um it doesn't sound like it's going to be like the other what's the other one called pickle ball that would be a very different conversation I think I'd be having right now with everyone um so I think you know we're we're optimistic that that will be okay as it is now we do hear the kids practicing um in on the fields and for the most part it's just kind of like the background summer noise sometimes it's a little annoying but it's it's okay so I think all in all I know the other neighbors are not here um but I think that that means that everyone feels like as long as these installations go in as discussed that we're going to be okay with hopefully the results thank you okay thank you I have say it's starts raining at 6 o' at night the light's going to come on they will not be automatic have switches I just have one question um the padel courts they're larger than pickle courts correct sorry slightly yes they're slightly larger so there's no intention that there's no way these can be converted to mixed use or used for pickle ball also in some sort of other no the floor is actually Turf okay um and the the walls are glass and that's okay yeah thank you question so with respect to the plantings on other neighbors properties right you know I mean this board doesn't really have jurisdiction over those properties those properties aren't part of the application do you have you entered into or will you be entering into a written agreement with those neighbors that's enforceable with respect to the maintenance of those plants I don't Mr costell you want to come up for a second I don't believe so so far every um everything's just been verbal agreements with all the neighbors we don't have anything written or requested okay so what happens you know you plant that and then a year or two from now they die so I I don't know I mean you we could we'd agreed to make it a condition of approval if you're saying that's not an you know part of this application maybe it can't be a condition of approval we' be open to ageing to that you know I think if it were on Municipal land there'd be some kind of Maintenance Bond posted sure right so and I'm not suggesting that there be a maintenance Bond necessarily but maybe an agreement that is signed by yourselves and the neighbors that there'd be at least say two years a normal maintenance Bond would be two years right so some like say two years where if if anything you planted died you would replace it okay we would be open to is that agreeable sure that's acceptable you think that would be agreeable I appreciate that yes there was some conversation about that sorry yeah definitely appreciate you bringing that up there was some conversation about I think your landscaper has some sort of warranty um but it's you know those trees can be difficult they can go either way so if we can do that that would be very helpful thank you question yeah yeah off the project site will be part of our inspection completeness and finally have or do we have to pay attention to well it's on your it's on your landscape plan I'd like you to pay attention to it I think just to confirm that the landscape plan is constructed to the plan that the board is saying right have no just that we can't enforce things if they die off of that property that part of the project okay I'll just note Mr Riley he's not here but he's getting the four trees um he's doing a larger Landscaping of his reap backyard we're contributing those four trees but he's told us hey if they're slightly slid around or moved he's like I'd like to work with the landscaper on that so the nators that's exactly where they're going the ones around our courts that's exactly where they're going those four we'd like some flexibility on how that's going to fit into his landscape and it's still going to be a buffer but exact location might change slightly species size is all the same so which property is that it's labed as is it it is I didn't know if that made that on there that's great okay okay okay final location be determined by home owner great okay so conditions yeah so there were a couple of conditions and maybe they change a little based on the timing of the light turn off but one of them was at the hours of op ation uh would be from May through October 7:00 a.m. to 10 p.m. does that change to 900 p.m. now right um okay you're going to add the Landscaping per your new out landscape plan there'll be no outdoor speakers there' be no pickle ball play on the courts right um yeah on these courts on these courts yeah you might have it elsewhere I guess already no no not on this proper not on this property no okay are you okay with that being addition of approval though that's not officially part of this application one way if they're in well because it's a whole different world if how you answered at well because they're they're okay with what you're doing because it's quiet let's say outdoor right well yes outdoor only outside yeah yeah we have an indoor facility that changes right okay right um the lights will not be turned on automatically at any time um and you'll enter into that maintenance agreement with the neighbors to replace any Landscaping that dies within two years of planting okay agreed okay so what are the Varian we have oh we're adding the variance for the it would be 13.2 feet versus 10 feet in height right since I'm sorry I'm sorry six right sorry right you said that so it's 13.2 versus six permitted for the height and the lighting where you didn't satisfy our conditional zoning 95- 37 yeah just looking for my Note okay was M no you were good with M everything faced down which ones didn't you satisfy in there I think one C for light height of 20 feet for one C height says 20t for other uses and we're 20 at 20 20 yeah yeah I'd rather have it in rather than somebody complain about it later yeah and then we need to d right because we're expanding a non-conforming use right I think that's it right I believe so okay with the screening addition the cooperation cooperation with the project it's ambitious enhance facility and i' be favor of it talk to the other board members and not he motion Mr chair if I may I don't normally ask this but when we only have five members sitting on a on a use variance if we could hear some representation uh prior to a vote from each member I would appreciate that yeah and let me point out to the board so really what he's getting at is as the board knows as a use variance this is D2 variance they need five affirmative votes to get an approval so you know you can kind of tell us what you think I'm in favor of approval yeah I don't see much of I really appreciate the cooperation between the and I think that's 100% [Music] concur with everything but okay thank you then we're comfortable with forward okay have a motion so moved that sanago Mr goldber yes Mr Williams yes Mr Ben yes Mr frer yes Mr W yes so and we have one request uh because of the timing of this obviously we're trying to get these up and running may we apply for our permits before the resolution's passed outside of our pay grade it's going to be up to construction really okay you can submit the paperwork they'll review it put it in the file when they get the resolution today after the next meeting they that's perfect thank you so much and if there's problems with the permits they can talk to your but my new favorite court repor is going to have to have your transcript pretty quickly to be yes I see him all the time now that's why I say that perfect thank you so much okay okay board members any other business anything anything nothing motion second