you're on record try Drive okay announcement is made that adequate notice of this meeting has been given and is being conducted in accordance with njsa 10 col 4-6 at2 the New Jersey open public meeting act Nora please call the rooll Mr burit here Mr josco Mr Mella here Mr ready Mr Williams chairman hurricane pres we also have with us our board planner Mr Chadwick and our board attorney Mr Johnson pres uh do we have any resolutions no resolutions no resolutions okay and we just oh let's talk about the uh oh I'm sorry Pledge of Allegiance thank you to the of the United States America to the stands na [Music] indivisible swear John raise your right hand any testimony you give tonight should be the truth the whole truth nothing but the truth okay at this point in this evening's meeting is there any member of the public that has any business to be brought to this board that is not on this evening's agenda I hear none see n we have correspondence from 1980 Route 10 uh Lake pany LH LLC um requesting that our client be moved from Wednesday April 3rd hearing until when and there's no new date so um Nora we're going to I think there's also po there's an issue yes of esro and I had informed them if I did not receive it uh by yesterday that their application would be dismissed and they'd have to reapply yep told them so we have to vote to dismiss the application yes I suppose which one is this this is uh 23 15 and how many times have we extended this prior to this so there no reason given for it's dispens and then they have to that's a sign a sign application yeah I move we suspend the application you had any signs in this company anywhere else I'm sorry did this company have a sign anywhere else yes this board approved another sign uh on a pomoy it's a monument sign it sits on the ground such a nice Pres yeah they were good that was a good presentation maybe they maybe they're overextended financially I think that's what the issue is it's known as known as Biden nomics anyway it's going to be dismissed yeah vote for the dismissal well they haven't come up with the escra the only thing we could do we could carry it to the next meeting give us second chance give them give them one less chance why would we do that I would rather not because they they give me a hard time fine then let's do I have a motion to dismiss um without prejudice without prejudice case number 19 no 23 2315 that was a motion by Davey second by me okay any discussion or call to roll Mr burich Mr J Mr mozarella yes Mr ready Mr will y chairman I yes okay cases on this evening's agenda application 2105 Ann and Arthur padco 3 Union Road SE variant to construct the driveway expansion the applicant here go come forward please thank you and just uh let Mr Johnson swear you both in could you raise your right hands please you swear that the testimony you're about to give should be the truth the whole truth and nothing but the truth can you state your names and spell your last names please p c p a KO great you can be SE seated and just speak into the microphone when you speak [Music] so yeah I was just going to take a look at the map here for yes go right ahead sure how this I that's no we don't know what's going on either so don't worry about um explain what you want to do and why you want to do it have a driveway we have a big piece of property our our property is almost 3/4 of an acre when we purchased it for years ago we said this is going to be wonderful this is going to be perfect for us cuz we have a 16t trailer that we store a bunch of stuff in and all um the problem is we can't put the trailer in the backyard and the reason we can't put the trailer in the backyard is like today I have this and [Music] so just for the record you're showing two photographs right two photographs and it's just water it's a lake I excuse me one second let's just Mark that as A1 just write an A1 on there A1 A1 and a date and then you're going to give them to us okay okay what you can test use them to testify and then you can give them to us basically what I get is I get water from all my neighbors um so far in the last 2 years I've been able to build uh drainage on the right side of the house more or less where the driveway is whereby the next day 90% 95% of the water is drain before that it would sit there for 2 to three days so I can't basically back my trailer up onto my grass um in order to move my trailer around it's a little narrow by the house and that's why I'm asking for this extension on the driveway an extension or a widening up it's a widening widening what's what's along that side of your property uh there are bushes to my there's the house the driveway and then I have bushes on the right side and it basically goes if I'm stand in the street look at it right side on the right side by the driveway there are bushes to the right side yes and there's a house there no the house is a little yeah maybe 30 yard away all right so putting the driveway there won't force your water onto his property no it will not as a matter of fact the way that we're doing it with the Belgian blocks and that's what I'm trying to avoid is to have more water go on his side is the Belgian blocks are going to stop the water from going on his side and going into the street gotcha okay the bush is going to stay sorry are the bushes going to stay those are his bushes I can't touch okay good is there anything from the town engineer on this application it was denied last year something why be my question do we have any reason why it was denied last year where did you see that applied and denied in did you apply and denied for this application last year yeah we asked um if we can do it we just went into the board downstairs and asked if we can do it uh for the permit and they said know you that's of the board okay so you weren't divined by us no no we were not we were never in front of you no okay so you look the side yard setback is the only thing you're looking for you don't need a um impervious coverage variant you don't need a building V building coverage variance you don't need a rear view rear rear so it's it's a relatively dominous application request on this map we just going this already on Mach up here yeah what you doing just just record how high are the bushes the bushes are trees and it's yeah it's different lengths it's not one thing on one H yeah yeah and since I've um installed that drainage it's helped all the neighbors around cuz they even say it's gone within one day so for them for me it's not but I'm happy what I did with it so on the little drawing we're looking at here the area that's in dark here that's the area you're going to put blocks in or what what's going in there I have a little okay if if I may yeah you going to run you going to run Belgium Block along that side yes sir and widen that asphalt the only part right now our driveway is this is our house this is the driveway I'm not widen it more here I'm kind of widening we're here at the turn so I can get the trailer in and out okay okay any other questions by the board yeah any members of the public have any questions of this W these please come forward he already has whoa whoa whoa whoa whoa whoa come on up come up to the microphone identify yourself name address and use a microphone when you speak please I'm Patricia blae I live at 742 Veil I live behind him and since he put those rules wait hold on hold on just let me interrupt you for just a second I'm sorry this is your opportunity to ask questions of the witness if you have tell if you it's not your time to tell you anything you can't tell us anything right now got the belt Block in already excuse me if you want to make a statement either in in support of or in opposition to the application you'll have that you have that opportunity to do that but at this particular point in time this is your opportunity if you have any questions of the of Mr PATCO okay questions of Mr PCO know how far back he plans on putting that driveway okay that's a question question you have to let him you have to let him come up you have to let him come up and talk okay no I'm not putting any than it is right now cuz I was over on your property a couple weeks ago looking at what you got there already you got the Bel and block in you have that thing with the four tubes in there already right I did that for the drainage but I'm I'm not getting any relief my house is worse now than ever before since you put those all excuse me excuse me do you understand that this is the time to ask questions do you have you understand why you put all those uh I don't know what you want to call them stumps in there that you piled yay high oh no no what I in the backyard what I have is on our property we had like 50 trees a lot of them were dead so we had them taken taken down so what I did was around the perimeter of the back of my property I stacked them up that's all that is that stack with I wouldn't call that the perimeter okay do you have any other questions do you have any other questions yeah I want to get rid of the water I don't want do you have have any other questions thank you there's someone else who would like to speak okay this is please come up and identify yourself maam I know you just came in so this is an opportunity to ask questions not to make statements for or against so what is your name I'm Elizabeth train and where you live 72 H road block 480 um eight okay and do you have any questions of Mr I want to know uh I got a letter saying the one of three Union um Mr um want to do expansion I don't know what kind of expansion but I have concern very deep concern about the water issu in our backyard excuse me let me try you got to ask the question you question you could know you didn't know whoa whoa whoa you don't start making statements yet bills told you that there's going to be another section in this hearing okay that that's when you can say I don't like it or I do like it can can I can I ask but do you understand this black top is going to be in his front yard he's not going backwards it's going to be on the existing driveway coming to the street show me your map wait wait a minute that's his testimony to us was fact that he's making some changes to the driveway to accommodate his trailer and in so doing okay he is not expanding the driveway in the backyard at all okay he also believes that what they've done will help the water situation that was his testimony now if you have a question about that then you can ask that but obviously you don't so let's move on I see your um belg the Belgian is a little away from your black top I'm pushing about over here M it it it has natural drainage yes believe me all of us has water issue give in your on your property so excuse me excuse me right so my concern is if you're blocking somehow I'm not any ditch over there because actually the ditch that you're talking about is on the grass here you honest with you by my property you have left the logs and it's blocking the water flow can I can I ask a question will you remove the logs please yeah remove all the logs you'll do that right yeah okay he's going to remove all the logs and can I still speak up you can ask a question okay um I don't know what's so difficult about that we notice on your property there is like I gravel and piping it it was not there that actually uh another piping sounds great to drink the water but actually eventually it's about called up we're not going to be able to clean every time what's your question and why it's there it wasn't there and this is not good for us because can I ask a question of you how far is your house from the back of Mr Paco's house do you know how much is his lot I'm asking you how far apart how far apart are the houses so 100 ft 200 ft 100 ft 200t borders we have borders I asked the question how far is your house the rear of your house on Vil road because I know this area very well I only live a couple blocks from there okay I I know the area very very well so tell me how far from the back of your house to the back of his house what's the distance Mr PCO you know about 50 yard 50 yard about 150 ft yeah I'm thinking it's more than that too I'm it might even be than that looks like yeah you're probably talking about 200 to 200 to 300 ft Our concern I don't want to hear your concerned at this point I want you to ask questions or have a seat okay I'm sorry if I'm being rude but you're not paying attention now I'm going to go back to my question we have some hundreds of feet of property between the two houses this is all natural property you haven't Disturbed the property in any way is that correct it's the way it was probably when Christ walked the Earth all right we cannot solve all the the water problems in this area believe me I live on New England Drive which is about four blocks from there I should have taken pictures today of the water in my backyard okay I had about six Ines of water in my backyard because the earth the earth is Clay they used to have brick F foundaries here the water does not drain and if you don't do anything to M to mitigate the drainage it's going to be there and this board cannot solve the drainage problems of parcion all we can s do is if if he wants to put up another th000 square feet of house and he's going to have drain he's going to create more drainage problems we will make him mitigate that we'll make him put in drywalls we'll make him put in uh uh drainage drainage of some sort but what you're asking about I don't see it I just don't see it I'm sorry this little bit of driveway expansion now he's already agreed to take the wood out which you say is blocking the war okay he'll take that out because it's because it's probably never should have been done and also the gravel and the pipe is actually higher and I think it's going to affect all I'm sorry ma'am I'm s just don't understand would you please please thank you have a seat okay you're going to have a chance to make a statement shortly okay right now this board is reviewing this application from this individual looking for a variance that's what we're going to judge on okay if you have a water problem there that's not part of this application so wait until he's done testifying we're done testifying and then you can State your case okay and we'll take that under advisement is there any other per member in the public who wish to speak on this application ask questions I'm speaking ask questions on this application I hear none and see none Mr PCO let's go back to the pipes and the um the attempt that you made to to mitigate the drainage or show you a video if if that sure can I can I I don't know what the video's going right now you're here to get a variance what you now you haven't already done this or you already have done this all we have done was put the Belgian block up and then when we got the contractor to do the driveway he said you have to go to the town and you come to the town to get a permit and we're here to issue a variance if to get the permit on the driveway and everything you're going to do in no way in your opinion anyway will exacerbate any water drainage issue for you or your neighbors no that's been your testimony okay and as a matter of fact I think you testified that what you're doing should help not only your property but the neighbors yes but you don't know that for sure right but you're certainly not adding any additional waterf from your property to other neighbor's property absolutely and your property right now is underwater too yes sir thank you any other questions by the any other members of the public have any questions of this witness and a testimony given is there any more questions by the board I may more an observation should we ask the town engineer to to look at it and give us after we give him the variance we can have him do give do a ask him to go look at the pipes and everything just to confirm that what he's doing is not going to affect anything and make it worse if I can tell you gentlemen what what's going on before I did any of that basically what there was was I get water from all the Neighbors coming in because I'm the lowest okay on the right side of my property look from the front front of the house looking towards the back on the right side of the property property there was just water coming in and it goes to my neighbor on the right side about 5 ft from my property there is a drain there that I keep clearing you didn't put that drain in no that the town put in okay the Town must have put this in years and years ago cuz it's older already um well those houses were built in the 60s so all I did all I did was so that the water drains quicker was put um three p pcv pipes about 6 in lower just so the water could drain to go into that drainage that goes out to the street that drainage is still working and I'm sorry that's still working that drain yes is that drain on your property yes sir the drain the town drain is on your property no no no no the town drain is on my neighbor's property and what does your neighbor say about all this U they really don't say anything they're they live in Florida and they rent out the home okay Bernie I just don't see us um if there's a drainage problem in the area these neighbors have they can go to the town and and have the town engineer come over and investigate the bigger problems all we really have to all this board looking at is the driveway being 2 and 1/2 ft from the property line which is the Dom Minimus and if yeah because there's no impious if putting well he's putting in impervious but there's no he does not looking for an impervious C lot he could put a lot more what but if that impervious coverage creates an additional drainage problem but that's not but it tilts to the street and it's not part of this application Bernie he's not houses that area he doesn't need a VAR for imp cover to the street I didn't say he did okay I'm saying is the impervious coverage might create a drainage problem no actually by creating this one the water is going to the towards the road yes fine okay good anything else happy not at at this point I'm going to ask if there's any members of the public who wish to speak in opposition to this application now this is the opportunity if you want to speak about the application please come forward and we'll swear them in would you just let someone sit there okay cuz someone's going to please come forward I did call wait whoa whoa whoa you got to get sworn in first okay raise your right hand do you swear or affirm that the testimony you're about to give should be the truth the whole truth and nothing but the truth yes okay now state your name spell your last name change and what is your address Road okay what do you have to say I did call the town enger about a week ago and he came out and U looked at the property he came to my back lot and and I S to my neighbor on my um right side to the reville Linda um kid K's house can you speak into the microphone so the engineer the town engineer is good the to Jer came out and spoke to me and show him the problem the issue with the water draining he used to be flowing really nice and goes away to the uh beain his proper and go to the his um to the corner lot and then goes through flows to the curb to the um the town drain the big drain the um Street train the water um rain drop Dr um the town enger also spoke with my neighbor Linda K and the um show I was was St and everything and he and n express it to the engineer saying that we never had so much water she never experienced so much water in this time um than before and then she had a water issue even when he spray uh she actually text me saying she she's not here you're speaking for somebody that's not engineer so let me ask you let me ask you this question okay do you understand what he's asking to do I understand I'm afraid okay so with respect with respect to what he's asking to do okay which is extend his driveway by a couple of feet what is your objection to his application to extend his driveway widen it by a couple of feet what is your opposition to that um that depends on the the um natural drain that they used to have if he rais it up that the water cannot go flow easier um faster enough and that's going to be creating more issues if we have hricane it's going to be uh it's not right it's going to be a CME for all of us but you're you're saying that your situation got worse now and he didn't even do anything uh yeah he he cut a lot of trees we're not about we're not talking about that though we're talking about his stuff in the front there is logs like he's going to remove them going to remove the L to remove them and honest with you the Piper looks good with with the gravel I don't care but the thing is the long term it's going to it's it's going to um the dirt's going to be in there it doesn't the water doesn't flow as much because you used to be lower now it's R RIS it's actually um but if the pipes back up and the pipes are on his property he's going to want to get it cleaned out too you know the problem he put on on that ditch that used to be that's a natural natural ditch it used to be a stream over there why would you put a pipe on top of the stream this way is higher now so when there's a hurricane the water cannot go flowing so easily andtime and I have a wa wait wait wait wait wait wait this is not an issue for this application if you have a problem with what he's done on those pipes you have two choices you can go to the town engineer or you can hire your own engineer okay and once you determine that he has done something to affect your property you go to the town and the town will take care of it this board cannot deal with the drainage issues that you're talking about I'm sorry I'm sorry we can't deal with those drainage issues this has nothing to do with the application this board is only dealing with a sidey yard setback a very di Minimus request very dominous request and he's saying he's going to deal with any additional drainage from his 2 and 1/2 ft setback request okay I know you're not happy but I'm telling you what you have options are now we've had circumstances where people have brought in truckloads of dirt into their backyard and then they come and they ask for a variance and we make them take the the dirt out or they concrete over 70% of their backyards and we make them take the concrete out all right what I'm saying is his he has a dominous request for 2 and 1/2t setback has nothing to do with the logs has nothing to do with the pipes I'm asking if he'll take the logs out to be a nice neighbor but let me just say something okay I know where Union Road goes across and I know where Veil road goes across and I'm guessing that those two streets are about 400 ft apart okay now I don't know the exact dimensions of the houses you're a long ways off from from what he's proposing you're probably 300 feet away from what he's proposing okay I'm not going to listen to any more about your drainage okay okay that that issue's done anything else um I know that a lot of water from the vroad houses drain t i I don't care I don't care that's I don't I don't care I it's not that I don't care it's that I have no control I have no control expion that the driver is getting you know who's going to pay for it can you have if I have like you know like like I told you go to the town engineer do you have any do you have and you have no I'm sorry go ahead it's okay Mr chank do you have anything else you want to say in opposition to what he's being he's asking to do not your other drainage issues but just what he's asking to do if any other comment about what he's asking to do so I just want to make sure he's he's putting he put Aion blocks and he's going to put over I don't know how far to end because his property he said 2 and A2 ft off the property line he's he's already testified to the dimensions dimensions are on the application going to add a few feet to his existing driveway how Mr padco it's all in the front yard one point is going to be the 3 ft right around the turn and that's more towards the street not towards the back where it is at the back it stops that we don't we're not going any closer or any further than we already have here so we going driveway ends right here we're not extending the driveway any further this is my garage right here right here is the Belgian block we're not going any further all I'm doing is this gray area right here so I can turn the trailer that's all I'm doing so do you have any other comments with respect to what he's asking this board to approve not your other drainage issues just what he's asking the board to approve no okay than you thank you any other member of the public who wish to speak in opposition to this application in support of this application I hear none and see none Mr Paco is anything else you'd like to add um no I've always tried to get along with the neighbors this is the first that I'm hearing about the log areas and stuff and this is the first that I'm hearing that I'm causing this water problem because when we moved in there was always a water issue um you have one too right that's how you have one too yes sir so thank you do we know do need do we need to go into conference I don't will someone make a comment as to why this is the right now the application we're R viewing to approve or deny is making a request which is very Di minimouse and Engineers guidelines and when he has it work done it has to be approved okay and if that's done to the compliance all these issues are not going this work is not going to cost any additional water issue as far as I'm concerned and I'll be voting in favor of this application someone frame a resolution application 24 col 05 and and arth three Union Road Block number 4 480 Lot number one Zone R-3 to issue or Grant a seance to construct a driveway expansion contrary to section 430 d2751 second on the condition that Mr padco remove the logs correct yeah sir second jtz any discussion nor call the roll burtz yes jtz mozella yes ready will yes the resolution is passed Mr P I'm just going to give you one little bit of advice yes sir make sure you PVC pipes are not causing any of the problems absolutely okay else it's going to go into my house all right just make make sure if there's some way that you can judge if there's something something that needs to be done to adjust thank you thank you abolutely thank you so much thank you okay let's call case 2410 ranan Kier 108 Long View Avenue see Varian construct a new two-story single family dwelling with attached garage and open deck you do not look like Mr Tak here Mr sha can you raise your right hand please you swear or affirm that the testimony you're about to give should be the truth the whole truth and nothing but the truth can you state your name and by your last name please my name isin s h ah and what is your address uh my home address is by hard and for you could leave and what is your relationship to the application okay are you the Builder is that what it's you he's the owner you own the property yes you own the property ah okay let me ask you a question is there the survey shows a house on the right side of your property if you're in the road looking at it yes is there a house on the left side yes so there's no way you can cure the lot with issue no no I'm going to knock I I already knock the house down no no you didn't listen to me when you have an isolated undersized lot there's a process known as Buy sell which means that if you can you purchase land from either one side or the other or both to cure your barries but you've already got houses on these lots and they're all 54 wide on this street right yeah so you can't buy something because they are already at a variance so is that your hardship cor okay so tell us what you'd like to [Music] do build a bigger house on the same just the lot's under side just a lot no the lot's way over under no I mean to to Wi wi is that your only variance with he's got 9,000 all we can do is blame the people that did the subdivision back in the 40s right go ahead yeah because uh you know the L area is about 9, 6 and the support building and that coverage is 1952 ft which is you know the minimum is like 20 mine is like 18 something so is way less than MH but so all so the house that you have proposed complies with all other aspects of the zoning ordinance correct the variance I have which is lot width L all the setbacks are conforming everything's fine and you're building a house that's that fits in more with the neighborhood than what was there is that correct neighbor going to be look nice once I finish the house and you're an experienced builder in this town right you've built houses before smart any other questions by the board no any members of the public have any questions of this witness on that proposal for this two-story house I hear none and see none Mr Shaw is there anything else you'd like to add no thank you all are you going to take that fence down in the front yard yes sir good any members of the public who wish to speak in opposition to this application in support of this application I hear none and see none um the Minimus request once again I mean this is reason re a factor of the Town there's nothing you could do nothing he could do more someone someone uh application 24 call 10 Ronan taker 108 Long View Avenue block 574 lot 17 Zone R4 recommend granting a SE VAR to construct a new two-story single family dwelling with attached garage and open Deck with stairs contrary section 43035 column 3 second ready any discussion nor col roll Mr burit yes Mr Jos yes Mr Mella yes Mr ready yes Mr willing yes chairman I yes result of variance is granted good luck you have it sold already obviously huh that's the smirk chairman yeah no neighbor here that's he used to be my mailman okay good yeah oh yeah been there for 30 years right oh okay next case uh application 236 2 envier Mansour 506 forany Boulevard C variant to Legal a third story [Music] habitable he was previously sworn so I don't it's been quite a while this is a new application oh it's a new application oh this is a new is a new application oh you want to make your appearance I thank you Andrew Delany on behalf of the applicant and owner and Mansour who standing PR to my right Mr manour can you raise your right hand please you swear or affirm that the testimony you're about to give should be the truth the whole truth and nothing but the truth please state your name spell your last name please and what is your address expressive you're with us you may proceed than if I may uh just a few brief statements as an overview of this application uh as mentioned we have been here before uh this case has a bit of a torture history to it without getting too much into the weeds that we previously done uh we had an appeal previously uh We've dropped uh all previous appeals on this we're coming before the board tonight uh on a c variance uh that's somewhat legally complicated uh but fairly straight forward as far as the facts of the case go uh the application uh it says we're looking to Le I a third story it's a bit more specific than that my client uh over the past 10 years uh he bought the property in 2013 uh since 2014 uh he's been in the process of building the property uh as it stands right now it's substantially completed uh over the course of time uh he mistakenly or there was a mistake in building permit that was issued uh during which uh he constructed a bathroom uh in the at to the property now one of the issues we're dealing with is the pitch of the attic uh is somewhat confusing uh and in a part led to uh the erroneously issued building permit that my client relied on uh look at the if you look at the zoning code uh there's a picture of it I don't if you have it in front of you I can provide can provide the pictures if you like uh I think we're seen yeah we've seen you've seen uh there's a 4ot maximum between bottom or the the ceiling of the second floor to the top uh which counts of the half story in this Zone the R3 Zone uh a half story is allowed on top of the second story so in this case there was some confusion regarding whether what was put in there was a half story or an additional third story uh we conceded that it is a third story however my client's case is in unfortunate position of having relied on uh whether it was correct or not and he stands right now having fully completed it we're ready to move into it after being vacant for 10 years and we spended over $155,000 on it uh what we're looking to do is simply keep keep the bathroom in there uh we're not looking to do any further uh construction you can't see the bathroom from from the outside my client is elderly he's 71 years old uh his idea of using this is essentially as a is a place to watch football on Sundays uh he wants to be away from his wants to be away from his family uh and one of the interesting things about this application if you're going to look at the purposes uh the land use it's to provide housing for the elderly it's to provide good uses of property in this situation he's going to live with his two kids they're going to move out of the resident of their rentals and they're all going to consolidate their living space uh in this property so in a sense you're consolidating have a housing crisis right now consolidating everybody living in there my client gets a place where he gets to watch football he doesn't have to go up and down the stairs uh we made sure there's going to be no issues with their parties everybody's living as a family unit there's no additional entrance to the property so with that I'd like to introduce my client and Manor could I ask you a question and then I'm going to ask so so why did why did you withdraw all your other appeals so it's uh simple my client has to five issues that uh at least go ahead uh so just so we're clear on this uh the four out of the five have been taken care of we're not seeking uh any kind of approvals on that see my client's taking care of that can you sure so I'll go down the list um remove two exterior doors my client has done that remove second and third kitchens to only a web bar my client has done that reopen interior space in the first floor dep picked on the original plans 5 foot openings my client has done that we open the interior space on the first floor rear reports Edition has dep picked on the original plans my client has done that the last one remove bathroom its entirety and return added to storage space only that's the only item that we're bringing before the board tonight so when you say your client's done that is the town been there to verify as it's going to be a question I asked with my client regardless of that we're not seeking improve on it so the extent that he has not done that my client subject to any kind of code violation uh we're not seeking approval from you so my client is represented to me that he's done that I'm an officer of the court I'm representing to you basically what my client has told me that he's done that that being said we're not seeking your approval for it so to the extent that he hasn't done it he'll have no approval for it and he's going to be subject to all the code enforcement violations and anything else that may come with it I know my client is eager to move in and frankly I'm ready to move on from this case I think you guys probably are as well my client has no interest in facing any further C so if I if we decided that we would allow this variance to go forward on a on the contingency that the building department comes out and inspects are you okay with that 100% okay 100% in fact uh that's what I'm waiting for yeah so answer your question absolutely in fact if it's not the case that these four items are not taken care of based on what my client has told me I'll be furious cuz I'm coming before tonight and putting my own reputation okay okay I have a couple couple you say the house has been vacant all this time nobody's been living in it nobody can live in it because there's a course we need to get a certificate of op SE just being held up and and you can't get a certificate op because you have a bathroom not approved in the third floor is that correct that's correct yes but all the rest of the house is living but nobody's living correct so my client as far as what he's told me and he's testimony on this uh he has the furn already okay I got it nobody's living there and and so the other thing just as we move forward in your testimony so the families the children that how many people will be living in the house so it's going to be my client is wife uh he has a son uh a married so there's two kids one of whom is married with three kids uh the other of whom is unmarried so do the total it's eight or nine people okay that being said they're going to be living as a eight people right eight seven adult three children uh that being said they're going be living as a family unit again I'm going to be asking my client testimony uh they eat dinner together uh they do family activities together uh there's no separation that's before got uh and just to clarify one of the kind of the overarching issues uh this application previously I know from my own Communications one of the bigger concerns uh is that this property be used or potentially converted uh into a multif family two or three family and that any kind of approval given by you guys uh would be used as a pre as a basis for that him taking care of these other violations in our mind removes that possibility there's no separation that exists within uh within the house uh there's no separate access that exists for this attic area even if it was my client's desire to do so which it is not it would be impossible to make this attic area whatever you want to call it uh a separate living space there's no separate access to get up there in order to get in there you have to go through the remainder of the that wasn't our concern I don't think okay let me ask you a question how many kitchens are going to end up in this house how many how many kids kit oh kitchens I'm sorry answer is one one one so there's no kitchen in the upstairs they were all over the place last time correct that's been so those cabinets on the third floor that had the whole kitchen all the cabinets in but a space for the appliances that's all is out of there out on the first floor not on the first Flo first floor okay the other thing we've had quote the mother-in-law apartment not a lot of those cases and not any recent but the town did have a standard deed restriction that specifically said the had to be occupied by either forget the language it had a little wiggle room but didn't have to be exactly relative but they did operate as a single a Family unit are you willing to agree to that absolutely I know Mr Johnson can corroborate this there's there's case law on this uh I can give the citation if you want you want to think it down okay fair fair enough essentially to your point you're correct everybody we have to be living as a family unit not withstanding the fact there's but in this case uh they are and in fact the way in which they're living when you look at the spirit and even the uh actually the letter of the municipal land use law serves as purpose it means that my client who's elderly does not need to get a separate place to live it means that the two kids do not need to get a separate place to live I know New Jersey uh political background it's something that comes up a lot uh housing affordable housing is an issue this is a situation where in this isolated case but isolated cases shortened out can solve problems uh they're going to be Consolidated and living together in a way where they otherwise have to live in separate locations uh not to digress too much the town of Lafayette in suss County um passed uh pass ordinance does this have to do with us yeah I'm just I'm sorry let's move let let your let let your applicant test FR I present Ember Manor applicant and know the property Mr Manor can you st your name for the record uh do you own 506 pery bord yes s when did how long do you own 56 per 7 15 years and when did you begin construction on on the on the house at 56% B 2014 and in the process of building it uh was there a point where you mistakenly believed that a that a proper vality issued building permit existed yes okay uh in the process of building it did you build uh an attic above the second floor yes uh did you build it according to the architectural Plans by architect Steve con i' like to we had could I ask our attorney something I don't mean to be rude we've heard this case men you you heard a different so that's why he has to get this on the record yes you heard a different okay I understand your issue but you heard a different case okay thank you so in terms of admitting things into this case got it's it's got to be into this case thank you okay got thank thank you thank Mr Johnson um as for the in building it uh did you construct a wait hold on a second so so what is that you're looking at that's not something you is that something you submitted with this application uh no it is no it is not I'd like to introduce him record even though it's been previously as Mr was said on a previous application okay so let's mark that [Music] A1 and you're going to leave that with us oh and add copies for each of the for each of the board M you do great for for your reference I'll pass out sure thank [Music] you uh i' like to draw your attention specifically to page 85.1 wait till everybody gets it so then they can get there one there you go ready make sure separ right yeah all right so this is A1 okay now what do you want them to look at page 85.1 same we have okay this particular page I think was actually submitted with the application page 85 someone 81.1 right yeah that yeah that document for the record was actually submitted with the application 85.1 okay Mr M does this depict uh the plan for for the attic at 56 yes uh and did you build it uh exactly according to this plan F [Music] 85 how did you construct uh a bathroom uh in this in this attic area well I'm going to be up there most of the time you know I figured I go to bathroom a lot going upstairs next to me I had the space for it in the town I asked the town for the approve this uh what do you do up in the in the Attic area you just spend time away with the grand kids sometimes you watch my football sports game I that's something I do watch sports so sometime I get a little bit loud yelling and screaming at the game so I feel nobody hears me Mr maner I have to admire you you're not putting an elevator in this building are you no and you said you're 7 years old okay I'm a little bit older than you and I'm moving into a house with one floor if somebody told me every time I wanted to watch TV I had to climb two full flights of stairs in my own house you're done with my own house I have to admire you you must have you must have great stamina can can I can I just ask a question I mean we we said you haven't there's nobody living in the house or hasn't been any but the way you're speaking it's you got to get away from the kids like you're already doing it I guess that's kind of where I'm not that I don't know get away from the kids you just said that watch Sport and I want to get sometimes I I'm just saying the way you're speaking is like this is already going on that's the way I'm taking it so okay okay only at game game time only game time okay go ahead let's carry on what why could we watch why what what benefit is it to you to watch sports up there versus somewhere else in the house when you watch a game if you do it you know you concentr on the game watching TV that Frank is running around making noise sometimes I'm upstairs I lock the door I can watch my PE you know area disturb making noise grandp want this myself my uh and and why is it that you want your your two kids to be living in the in the house with you because they can't afford it I mean I bought I built the house so this way they can live with me where are they living now one that is in m one lives in Mar they rented both how much they pay for those they ,000 a month or something like that how much do you pay to install this bathroom I don't know 156,000 I'm not sure and how much would it cost you financially to to remove to remove the B coule thousand building is the one that taking it down it's nothing probably C couple thousand take it apart uh should you be approved tonight would you be is the house ready to move into uh but for uh the the lack of a seale are you guys just ready to move yeah I'm just waiting for the for the final inspections so once the final inspections are done and I get my sh right in there I have no further questions for for the app F turn it over to the board I I do have another one so you said they live in Morristown and botin one lives in other one lives in then my last question was how do you know you want to get away from them you said they were already living in Montville with you is my no I'm just asking if that's what I heard I something when you in the house oh no believe me I got a basement for that other than it flooded over the weekend but I got a basement get away from the family I know what you're saying want a little bit of Peace requir sometimes you know I love your braid you you know we've heard so much testimony on on this building I'm not going to say on the case on the building okay it there there's a little there's there's definitely a little bit of um what's the word I'm looking skepticism not skepticism a lot of there's a lot of Make Believe stuff here okay really I you know without an elevator look look I think just my own opinion we've heard enough on this case let's give him the the bathroom and put and put this behind us and just chalk this up to one of those that we didn't score right well we did score right cuz we got rid of everything else but can't could we put in a stipulation that he is subject to annual inspection no I think the deed restriction is the most important thing okay deed restriction okay I I mean you know what what more are we going to solve tonight unless and I noticed there's a lot of people in the audience uh I don't know if they're here for this case or not is anybody here for this case you are this case yeah all right so so question yeah go ahead continue with your testimony you have any other questions done we've concluded our I got a question you have a question the bathroom do have a shower or a tub yes why I don't know I just put it tell the truth Mr manur please please take a showers I want to take a showers there the bathroom why not where's your bed up there huh where's your bed up there bed yeah I have a bed downstairs let me let me ask you a question why why could you use the bathroom that your wife is using as opposed to the one up here for for showering why why would you not be able to use bathroom that your wife is using ver one I had the space up there why not put a bathroom I mean St why not my question is when you're watching the game up there why do you half time shower the space was there I just made it look nice is it a shower there is it a jacuzzi tub or just a plain tub that's it's a Jacuzzi huh is it a Jacuzzi no oh okay stand up shower how long it take how long is your wife in the shower for not to be too oh my God so I I so we're talking about a bathroom being legalized up there but then then are we also just giving into there's the other area he's sitting in watching the game that's habitable that's part of the second floor calculation okay the bathroom was what triggered this okay well you're asking to approve a third story is what you're asking habit because it put the bathroom correct so without the bathroom uh again not to the way I read it is that uh this this would actually this would be legal without this actually be totally permissible without the bathroom it's at the bathroom so in reality it's uh my the way I see a fairly limited application again to the door's point that was triggered because of a belief that this was going to some of used as a subfuse uh back door way of getting a another unit in there or another family in there certainly seems that way uh however that's why so Adam about saying we removed the other items when you look and i' like to draw your attention back to the to the five items when you look at those five items in it in their totality it's reasonable I can see why they might say you look at all those things together that it could potentially be used or seen as multifam however when you take those four items out the bathroom on its own cannot be used as a multif family unless you do something else to accommodate that happening so when you have separation there when you have separate entrances it may be reasonable to look at and say yeah you know what either he or somebody down the line may use this or may try to use this as a multic family however as strange as it may seem I know this there been a lot of colorful testimony on this uh thank the board for sitting through it um for multiple hearings that being said the bathroom in itself the bathroom in isolation as strange as it may seem cannot be used to accommodate another person living there so really in isolation when you remove all these other things it is a fairly and I think pretty simple and straightforward application I think it really does a disservice to my client as silly as it may seem I can very much understand why somebody may want to do this uh in fact I had to live at home for for a time there's a bathroom down there's a bathroom downstairs I had have a shower in it um there going be a lot of people living in there there might be a reason why you want an additional uh additional shower that does not go to having an additional family in there so with that being the case again I can understand the skepticism on the part of the board especially given how this application has gone uh but quite frankly with all du respect I think if you remove some of the backstory and tonight we're here on a limited application that backstory I know it's it's already been heard maybe tuck the get out of your head uh if this were coming in fresh again I'm bias as the attorney I think we have a very straight forward and I think sympathetic application makes a lot of sense to me practically speaking makes a lot of sense to me as somebody who has a family uh it makes a lot of sense to me as a guy I like to watch football uh to me it's very straightforward and again noting the boards concerns I understand I understand we got it can we move on on so any other any questions any other questions no any members of the public have any questions of this witness please come forward now you understand why you're coming up here right to ask question you're going to ask questions and you're going to ask questions with regard to this bathroom is that correct you're going to ask questions with regard to the bathroom there'll be another opportunity if you want to make comments please and identify yourself I'm G you have to use the microphone you can take it out I'm gaale black and I live at 484 Pary Boulevard okay what what questions do you have question is how many bathrooms are in this house seven seven bathrooms yes there's there's no there's no law against a house having seven bathrooms so having this one in the Attic which is against the rules of having a bathroom in an attic is not really needed excuse me what is the question sorry how many families are going to live in this house he already testified three Just Three Families his son unmarried son his married son with children and him and his wife three families okay living as one family Liv one family unit no separ a no separation and how many cars are going to be occupying this part when the driveway on the side is it shared with the house next door no I have four cars we have four cars all together I got two my son has one and I you share that driveway with the people that are in the house next to me I sh any I have my own my phone you I can't you can testify later time time to ask questions sorry about that nobody's been living in that house now no all this time no okay you'll have a chance to make a comment do you have any other questions um there's a lot of questions that I just can't ask straight out like that because it's a statement that I see and because I live there you'll have an opportunity to testify this is your chance to ask questions yeah is this going to be an apartment house no single family home a single family home it's a single family single family home has seven bathrooms do you that's that but that's not that's that's not that's about part of this application you can have as many as I buil the house he's going to have to clean seven bathrooms my case to have that I are provided the plan okay come on not bigger you'll be you'll have a chance to your any other questions sorry any other questions I can't make my statements into questions right now all well then we'll give you an opportunity know have plenty of time how people many he he told you that it was eight eight okay okay any any other member of the public have any questions of this witness on the testimony given this evening looks like I hear none and see none you don't have any other witnesses there do you no you want to wait wait and some after we hear from the objectors I would have a very griev summation wait till after the okay all right now this is the opportunity for any member of the public who wishes to speak in opposition to this application please come forward and you'll get sworn in state your name and this is your opportunity to testify if we wish to do that you need to no no no no come on up you got got first of all you got to use the you got to use the microphone and you don't have to ask it in the form of a question now you can speak your mind come and tell you want see it's your turn to testify come talk okay come forward to the microphone okay hold on in first please raise have a seat yeah hold on wait you got to get sworn in hold on raise your right hand do you swear or affirm that the testimony you're about to give should be the truth the whole truth and nothing but the truth I I need you to state your name again spell your last name give us your address and down black I live 484 par Boulevard okay what would you like to years okay what would you like to say uh just the fact that where my house is the other houses around they're all small they they were built almost hundreds year 100 years ago a little bit less than that then there's this big monster here which I can up believe need SE rooms I know he's didn't apply for that H how many people can go to the bathroom when there's only his son his wife at the same time with this all these bathrooms which tells me there's more going to be living in that house than was told to us I just feel that the house is too big for the area yeah and anybody say you're watching football why can't you watch it downstairs and use one of the bathrooms there you got to walk upstairs you wet Yourself by the time you get to the top I mean please if he's so old what what are you going to say you know you to go B use the bathroom upstairs don't tell me there's not going to be a bed or a couch and he ain't going to sleep up there or another family or whatever I can't say that for sure maybe not but then I want he he his driveway is really with the driveway to the house next door and all these cars are in the park or is it going to park up in front of the house I don't know all these kids I don't know I don't know how many kids there are going to make honestly after listening to this gentleman all these times I've been to all the meetings it just seems a little ridiculous and there has been people living in that house um while he didn't have it approved I would like to have a person who does the approval of the homes to get the CEO go and inspect the entire home all over again and see if give three four kitchen or you know going for another or whatever we don't know that none of us have been in there we haven't a clue and honestly I'm very sorry but his statements have not Fallen true to me because I see because I live there you know trucks coming in at midnight or whatever it it's crazy so and you know I like where I live I have nice Neighbors on either side I don't need to have a bunch of aggravation I'm old to in so but you have recourse if you have if you feel your neighbors doing something wrong or bringing bringing in deliveries or whatever at wrong times you do we don't have that jurisdiction but you have the power to call whoever you the police or the building department if you think he's doing something wrong you have the right as a citizen to go and complain we don't have jurist ition over that so it's tough for us I might believe you and I might believe that this has been a very complex and at times deceptive application but we got to do you know we've got a evidence presented to us we have to decide if it's the truth not the truth or after he gets his approval things are going to change big time well if you if you see them moving in two refrigerators the third floor call the building department well how can I tell well you can't you can't tell we can't be in these people's houses there's so much conjecture in what you're saying okay now in reality can this possibly happen yes all right but this board has no control over enforcement all we're we're here right now to do is to Grant him a variance so that he can keep that that bathroom on the third floor that's it okay look that is that's meaningless that's meaningless in this application he could have 17 B bathrooms if he want to seven seven seven but do do you understand what you what you're saying you're you're you're you're a concerned neighbor you've lived there for a long time this used to be a gas station right yes it was okay I've been here longer than you have okay oh oh yeah oh yeah uh that was a gas station and it closed down what 40 years ago yeah okay Hugo hugos I didn't remember the name but and the house was built and it's there and it's not going anywhere we can't get rid of it you can't get rid of it I understand your concerns which why didn't somebody see this when there were blue pins drawn that were that big but that's not our that's not our issue either you can go downstairs and talk to the building department and ask them why they did it again we have no I'm fighting a losing battle you are fighting a losing battle at the moment I hate to say it I hate to say it I hate to say it and don't think we might not agree with you on some of your points I called the police police about a person who was living there who came and peed on my front lawn or chop down my trees I I don't know what to live like this it's ridiculous there's something wrong with okay do you have anything else to say about the application for the bathroom I can't because means anything right now thank you thank you do you have any questions of that witness uh no I any other member of the public who wish be in opposition to this application in support of this application I hear none and see none Mr Delaney a brief summation uh brief U as one of the board members mentioned uh there's a lot of skepticism regarding this maybe Justified uh maybe maybe unjustified uh there's been some speculation maybe some conjecture uh I'd like to read a quote from the appet division Shan own board 221 NJ super 141 one sentence concern about future conversion can be met by local enforcement and alert neighborhood that goes to what the board is saying based on the factual testimony tonight rather than conjecture speculation skepticism uh submit to the board uh that the bathroom be allowed on the third floor at thank you I appreciate the board's time and your client is willing to conduct have another inspection conducted to make make sure that your representations are accurate with respect to what's been removed that's correct I I invite that the deed restriction correct get a Fin they final inspection before they want the zoning officer to inspect right yeah inspection by the zoning the Z the zoning offic you can handle that right I'm sorry make sure that the zoning inspector inspects this yeah uh I don't we could add something to I mean the building Department right that's why we have to put it in there because he would not normally come out buildings inspected building the building the zoning inspector would not come out for a CO we needed a separate by Mr Johnson request in the resolution thank you sir along with the along with the deed restriction thank you okay do do I have a motion to that effect so so second J do you understand that motion this will be an approval with conditions that uh these four items of course that's the only they to give the of course great any discussion I would just like to say something Mr manur you're not a believable witness I hate to tell you that you are not a believable witness what the truth though what he said yes it is good Dy Nora Colo Mr bur yes Mr JY uh yes Mr mozarella yes Mr ready yes Mr Williams I'll obain tell me chairman irane a reluctant very very reluctant yes because I I see there's no other way we're going to do anything with this house so let's put it behind us anything else no no motion to to adjourn move second all in favor anyone opposed no I have not heard anything hey come here thank you I I I couldn't show this during during the meeting show me the inky one okay what was that what was that address Union Road right something something Union Road football field apart yeah yeah that your money wasn't close no look at look at look at look at the distance between the houses the first application look at the distance between the houses it's a a football field what you said 100t Jesus Christ I know these two streets those two streets have got to be 400 ft apart right had no idea that was good seeing you again how's your mom thank you I'll invite you as my guest as soon as we can play yeah I'm not I told you that right not for 800 bucks are you an a member I'm not I'm not sure how much I'm going to be able to play thank you take a look questions just sign in 8879 and the N 879 process how you doing I need the8 a whole copy of for you no nothing everything good what's the yday how was