e Board of adjustment meeting will please come to order adequate notice of this meeting was provided in the following ways notice published in the cura news notice posted on the Bolton Board of the municipal building notice made available to the Township Clerk notice sent to the curan news and the stall LED will clle please call the role Mr Tillery here Mr Patel here Mr reio here Mr Blount Mr minan here Mr Ellie is not here and chairman kahill here will everyone please stand for a flag of United States of America it stands andice Mr canel are there any changes to tonight's agenda yes there are HC Enterprises management 1081 River Road will not be heard tonight it's postponed to June 13 2024 uh laer did theyve notice yes okay so there's no further notice required you're only receiving my announcement here tonight uh face field LLP 1300 West 7th Street is being carried to June 27 2024 for those property owners that may have received a notice you're only receiving my announcement here tonight but they do have to republish the notice those are all the changes that I have thank you Mr Canal let's move on to item [Music] number five five 24- zb- 18b uh Ral Roso is Mr Roso present I'm here Mr Roso I need to swear you in could you raise your right hand you swear that the testimony you're about to give should be the truth yes I do your name address please Roso 30 ston Avenue could you explain to the void why you're here um proposing that I have a vinyl fence installed in my backyard have you had an opportunity to see uh Mr Chadwick's report in this matter yes can you comply with that request that you move the fence 10 ft off the property line yes uh Mr Chad with I don't know if there were any other issues raised no that was the only issue okay any other members of the board have any questions for this applicant hearing none I'm going to open it to the public anyone in the public have any questions or comments about this application no one chairman okay close the public portion I'd make a motion to approve this application a second please call the rooll Mr Tillery yes Mr Patel yes Mr reio yes Mr Mondo yes and chairman kahill yes Mr Roso your application's been approved we'll memorialize it in a written document and send that written document to you thank you good have a good night Sir let's move on to item number six 24- z-12 V Mustafa Chala oh yeah yeah that's me thanks I need to swear you in could you raise your right hand do you swear that the testimony you're about to give should be the truth yes your name and address please name is Mustafa chalala address is 100 Hansen Avenue pcav New Jersey thank you explain to the board what you'd like to do here um we would like to add a story to our exist existing dwelling and uh we want a two-car garage um on the Deerfield Avenue entrance to the property Mr chairman you may want to talk to Mr chadwi yes Mr Chadwick can you uh uh chime in here to help us out yeah we i' made a field reconnaissance the sidey variance is substantial U I think the addition of a garage as opposed to to a two garage would be more appropriate uh give given the development of these Lots in this area they all substantially conform with the Township's regulations and this would not so my recommendation is that they reduce the scale of the garage um with the Second Story allow and any other comments sir no um Mustafa if you can comply with that I'm pretty sure we can move ahead with approving this application okay um just to confirm it's a one car garage with a second story allowed right on top that is yes well you're show you're showing a garage it's approximately what 24 by 24 yeah it's 22 I guess 22 by 22 20 I think you need to reduce that to increase the side yard by at least 10 ft okay so um we can have a second floor will be fine okay and can we have a 15 ft like one and a half um garage we have from the other property we have around 50 15 ft if we yeah if if you make a 15 ft uh garage so that would be like a let's not play u have the garage the wall 25 feet from your sideline that's your 10 feet you asked for plus your 15 oh okay so that's the 10 ft okay got it is that okay it'll be set back have a revised plan showing 25 foot side yard set back and that would canol with my recommendation okay any other members of the board have any questions first of all Mr chid you're okay with that one car garage would be um in total 10t right the garage should be 10t wide from the you told me it was 22 feet wide now so yeah yeah we'll reduce 12et wide 12et oh all right thank you that's I agree okay any other members of the board have any questions or comments about this hearing none I'm going to open it to the public anyone in the public have any comments or questions for this applicant or this application no one chairman okay close the public portion and I'd make a motion to approve this application with the Amendments that suggested please call roll Mr Tillery yes Mr Patel yes Mr Rio yes Mr Mondo yes and chairman kah yes Mr Chala your application as amended has been approved we will memorialize it in a written document and send that document to you thank you good luck have a good night good night let's move on to item number 8 23- zb- 38v n n bad LLC good evening Elizabeth jurkin on behalf of the applicant good evening how are you very well okay that's good good evening so just as wave introductory um the property is is my client purchased a piece of property that was 400 40 by 100 vacant piece of property that's contiguous to a piece of property that's owned by the municipality through an ordinance the municipality had agreed to um sell us an additional 40 by 100 strip which is merged into our property so our lot is now 80 by 100 it's it about the same size as the lot that's to the to the rear of us my client is seeking to construct a single family home on the lot I have three Witnesses with me this evening our engineer uh John manelo our architect Paulo Dantes and our planner John MCD John MCD I'm going to put on third because he does have a conflict this evening um but he will be available he's on the stand uh so we have received all of the board's reports and and and if if it pleases the board I'd like to have my first witness sworn in so we can describe the properties and who's the first witness our engineer John Mano Mr Mano could you raise your right hand where the testimony you're about to give should be the truth I do us please uh sure so my name is uh legal name is Giovani g i o v ni last name manilo m n i l IO um have a Bachelor of Science degree in civil engineering from Sarah University um I've been practicing and licensed in the state of New Jersey for the past 15 years uh currently in good standing I testified in front of numerous boards throughout the state I don't believe I've testified in front of this board um before your your qualifications are are perfect don't worry about please proceed okay say thank you expect the qualifications so Mr M are you the engineer who prepared the plans that are subject to this application uh yes I am okay and um if you could put on to the screen your first exhibit that shows the site plan that that you prepared not sure so I'm actually going to use an exhibit um that we just prepared for this meeting it's an aerial exhibit with today's date entitled 431 Park Avenue pasc so just can we mark this in as a we'll mark this in as A1 Mr chairman yes that's fine Mr so it's just an aerial of the general cinity with the property highlighted in yellow um so the the property is 431 Park Avenue um it's now known as as block 11377 lot 6.01 uh so originally this was two lots it was lot six and um through the process of um sending out Buy sell letters um we were able to obtain the portion of the property next door um which was Lot 7. 021 um and combined and merged and now we have a a larger lot than what we previously started with um the property is pretty much in the center between Witherspoon and blood low Street um for the most part surrounded by the tach single family uh dwellings uh lot six which was previous prior to the uh merger was 4,000 square feet which was 40 by 100 ft um located in the r10 zone um which was um undersized so in the r10 zone Lots need to be 10,000 square feet and 100 ft in width um both of those were not uh in compliance uh by getting another 40 by 100 foot lot uh to the east of our property uh we did expand the size of the lot to 8,000 square feet with a width of 80 feet um I do want to note as you can see as I zoom in that the property is actually bisected by two zones the r 7.5 and the r10 Zone both residential zones which permit single family dwellings um the r10 zone is a little more restrictive with the U requirements as far as far as lot size lot width um and setback so that's what we used for our analysis when we did the zoning tables and we'll get to that um again we are still under sized for the r10 Zone um by 2,000 square feet in the lot area and by 20 feet in the lot width um next one that I'm going to go to is another exhibit that was prepared just for this meeting and it's a colored uh rendition of the um site plan that was provided to the board board it's entitled 431 Park Avenue scataway site exhibit with today's date I guess we'll make this A2 A2 please thank you okay a so I'll go over generally what is being proposed uh so I'm zooming in a little bit so the dark brown is the proposed single family dwelling that is proposed for the site it is a twostory dwelling with a attached two car garage shown right here um and then there's also a driveway and some ancillary um porches steps and pads around the um front and back of the the dwelling uh so the total building coverage is um 1,723 square feet which to equates to 21.5% of the lot area um we are asking for Relief on on that tonight where 20% is permitted again this is an undersized lot um if this house was on a fully conforming 10,000 foot lot uh the coverage would only be 17.2% um and I believe the architect to go in a little more detail as far as what's being proposed in the house but again it's a moderately siiz house it's roughly 2600 square feet of livable area uh over two two stories um and the house prer itself is only 1675 square feet there is a covered porch in the front that adds to that building coverage and that's approximately about 6% of the um the variants that we're asking for um the house complies with all other requirements as far as bulk standards the front yard uh requirement uh the sidey yard requirements the rear yard requirements um it was noted in um I believe both the board engineer and board planner reports that the AC pad is not properly screened with any fencing or Landscaping um and that's another variant um we're not choosing to go for that variant and we would be uh amable to to providing either the fencing or the Landscaping um and we will will work with your professionals on on providing either or um and so there's some other minor um improvements that we're proposing obviously we're proposing a new curb cut um along Park Avenue um sidewalk along for the most part the entire front edge it looks like there's a piece that is in in good condition um and we're okay with um replacing any curbs or or sidewalks that are damaged or that need to be repaired um not showed on this plan but we are also proposing a dryw um it's located in the southwest corner um to attenuate and um mitigate any increase in runoff um generated from the site um another comment that was brought up is um tree removal and tree replacement um so per our calculation I believe we're removing 18 trees from the site that are three inches or greater um but we are maintaining seven of of them so um with the seven credit I believe we need to replace 11 trees um the applicant is okay with either planting the trees or providing a contribution in L of least that wraps up our testimony um there's any questions or comments or if you want me to go through the letters do that yes you've had an opportunity to review the board Engineers review letter um that's a revised St is May 14224 I yes I have okay and there are eight comments really you know that are set forth there and that I believe your testimony covered all eight of the points um besides number eight um we're we're okay with providing the conduits as well and we'll work with the engineering department on that so so it's fair enough to say that the applicant would agree to all the conditions that are set forth in the engineers report is that correct that is correct yes okay and then also Additionally you had an opportunity to review the board planers report uh Revis date May 13th um regarding the variances that required and picked up the additional variance with respect to the screening on the air conditioning unit correct uh that is correct yes and you testified that the applicant would uh would be willing to screen we're going to amend the application to seek that variance as well this evening and also um you'll revise the plans to put the appropriate screening and plantings or fencing and you work with the municipal U professionals regarding what screening they require for the AC units is that correct that is correct yes okay thank you uh I have no further questions of this witness at this time does any other members of the board have any questions or comments Mr J I have one question the sidewalk along U appears not to connect to existing yes I can talk to that so there is we we C the shade this so there is an existing sidewalk that goes along the front edge um the reason we're replacing all all of this and this that's shaded is is new sidewalk is because all the utilities are going through here and then this is the new cut um I believe the sidewalk was in good condition but if the board feels strongly we could extend the the extra 10 feet and replace the whole Frontage not an issue but there is existing sidewalk there I know that I just didn't understand why it was missing off the plan okay yeah we were not proposing any disturbance on that side so we thought we could maintain it but obviously if it gets Disturbed or or damaged we would definitely replace it okay any other members of the board have any questions or comments no Mr you can proceed okay thank you then we'll proceed with our second witness the architect PA H yes okay the testimony you're about to give should be the truth yes your name and address please sure my name is Paulo Dantes first name is Paulo p a l o last name is Dantes d n t i Am the owner and partner of dtis correct located at 427 Chestnut Street Union New Jersey Mr dtis are you the architect who prepared the plans that are submitted as part of this application yes I am okay would you be so kind as to pull your app one of your application your plans on the shared screen you with the board sure I I I may have missed it but Mr dtis are you a LIC yes so I've been uh licensed in uh in the state of New Jersey since 2007 and my license is current thank you okay TR requested that the board accept Mr D's qualifications as a license protect to testify before the board this evening sure please proceed thank you so our property is located at 431 Park Park Avenue in piscata way um the project scope will consist of a new twostory single family dwelling uh with a two uh attached it's going to be approximately 2,663 Square ft a liveable area our basement Excuse Me sheet 100 or proposed basement floor plan a basement will be proposed to be finished and is entirely and will provide a open space primary Recreation room a mechanical room is lo located at the front where a furnace and water heater will be located to provide the heating and cooling and all the water necessary um the finished basement that we're proposing is 1,27 square F feet majority of the foundation will be Main Street we'll have also concrete slab in the basement and slab on grade at the garage architectural sheet 8200 the proposed first floor and also we have an area planed the livable area in the first floor is going to be 1,210 square ft we have a garage of 465 square feet we are proposing a main entrance with a covered porch which provides not only uh an entrance but also protection from the weather elements this this area is approximately 92 Square ft once you enter you're going to have a twostory for area with an interior steer to access the second floor also to access the basement in addition to access also the garage open plan concept has been designed we have our dining room adjacent to the foyer and at the rear of the home we'll have the living room and also the kitchen we have provided uh sliding doors that goes out to a synthetic wood deck to have access to the backyard this this living room will have a prefabricated fireplace along we'll have also uh a bed study an office with a full bathroom full bathroom has been proposed and also the SE uh the finished ceiling height in this first floor will be 9 ft sheet a300 the proposed second Flo FL we're going to have a li bow area of 1,453 square feet excluding the circulations of the area open to the we are proposing four bedrooms which includes a master the master bedroom consists of a walk-in closet a master bathroom with double sinks toilet shower and standing top bedroom number two excuse me bedroom number two will have his own private bathroom which will consist of a sing toilet and we'll have also bed number three and number four with a jack Gil or bathroom number three a laundry classic has been provided and lastly we'll provide um a drop down ladder to access the furnace in the app architecture sheet a400 I think I'm just going to bring my uh exhibit of the front um the total height we're going to mark this in as A3 yes please A3 and that's that's the same rendering that you had submitted just color Mr uh no no rendering this is the first rendering color okay uh the total height as we are proposing is 32 feet and approximately 4 inches to The Ridge of the main uh the main roof uh the architectural characteristics and material selections are in our opinion is based on the Aesthetics of the neighborhood and also the owner's design requests some materials that we're proposing is ASAC party board planing party board clap board siding culture stone at the base of of the base of the home facing the street vinyl sighting at the siid and rear of the elevation also we're proposing aluminum ping system at the first floor porch canopy and garage area excuse me and at the main roof we're proposing shingle roofing the proposed design provides not only a vertical and horizontal movement with various depths to eliminate the monolithic and the continuous structure the building design has been broken down horizontally by the front entrance porch and garage canopy to break up the two-story facade this provides not only a scale but a proportion of a more aesthetic pleasing faade um and that concludes my testimony okay I have no further questions of this witness thank you any other the members of the board have any questions or comments hearing none put on your next witness please okay well we have a conflict with Mr mcdono but I believe Mr manilo is going to step in and just give a little bit of testimony regarding the justifications for the the C C1 and C2 variances here and who who is going to give this testimony the the engineer engineer the engineer Mr Man are you still here yes he is I'm still here you remain underr thank you okay are you a professional planner I am not he can testify only from an engineering perspective yeah I understand I just want that on the record yes Y no no problem um yeah back separate with with whatever legal arguments I need because Mr Man you wouldn't disagree that the variants that we're seeking here are a C1 and a C2 variants the Criterion can be C1 or C2 correct yeah I believe both could be applied to this one okay I'm sorry I didn't mean no that's fine can everybody see my screen so I'm referring back to exhibit A1 the aerial exhibit you see that it's up okay um yeah so as um mkin had stated that this would classify under C1 and C2 C1 is the hardship and C2 is a balancing provision of the of the law um so the justifications under the one uh the relief relates to the land and the structure lost the existing so it's an existing lot that's undersized um which creates practical difficulties for an ordinary size dwelling uh to exist on the lot uh there's no additional land that's available uh we did provide Buy cell letters where were offered a portion of uh of the property to the east of us which was obtained uh but no further land was available um as you can see in A1 the lot is 80 by 100 highlighted in yellow um and there's similar size lot in the general vicinity and both in the r10 zone directly to the South there's two lots and then on the other side of fer Avenue is another lot that's 880 by 100 um on the other side of Park Avenue again there's another uh two lots that are in the r10 zone and roughly the same size 80 by 100 um and then justifications for the C2 balancing um so obviously the um benefits outweigh the the detriments in this one um positive criteria are satisfied for the purpos of the ml purpose a the project promotes the general welfare because it delivers new housing stock is compatible with the development pattern in the area um purpose M the project promotes efficient use of land because delivers a permitted use on an established building lot uh purpose G the project provides variety of uses in appropriate locations because it delivers new housing um that is in scale and compatible with the character in the area and purpose I the project proposed is a desirable visual environment because it delivers an attractive building that will compliment other homes in the area um and I think the netive negative criteria satisfied because relief um can be um granted without causing judgment to the area or the Zone plan um and you know the variance that we're asking for on the building coverage is um 1.5% uh which I don't think would be discernable from in the general public um traveling in the road um as a scale of the building like I said um so given the size of the lot 1600 ft would be permitted for building coverage the house itself is 1675 so it's 75 ft over the house itself and what's also contributed to it is the covered porch in the front which we we feel like uh provides u a visual um element to to the house and to the neighborhood thank you I have no further questions Mr does the board have any questions um well Mr canelli I believe the township has a concern about the lot coverage um concern that was addressed when the applicant actually purchased the uh property yeah I I don't disagree with Mr manilo I believe they have established a hardship that deserves variance relief for the lot area the lot width and the lot Frontage I believe that there are in firm legal ground for that however there is no uh legal proof that I'm aware of in the record that supports a variance or lot coverage I'm not sure are we I believe we're asking for Rel leas on lot coverage I'm sorry I said lot coverage I meant building coverage building coverage U the Lea that's being requested is 1.5% correct Mr manilo that is correct yes and does that include the covered porch in the front in the calculations so one of those is for the covered porch and the overall a square foot about 120 square feet is that what the being sought yeah the the overage is 120 square feet um of that approximately 50 square feet is the is the covered porch okay and um you actually or the architect initially had put plans in for a larger home correct right the the first um submission that was submitted for this this lot that was 8,000 square F feet was a 25% building coverage um so after some back from the from the professionals it was reduced in size to to that to to to balance out for the to allow for the covered front porch correct correct correct correct and if this was again on a um permitted lot of 10,000 square feet this would only be about 17 a little over 17% in the building coverage right so it it's di Minimus in in the overall correct correct okay and have you had an opportunity review the other homes in the neighborhood yeah I review the other homes I mean they vary in size there's some that are smaller there's some that appear to be larger um I don't think this house would be out of character in general for that neighborhood and you don't feel that that the house would be the largest home in the neighborhood correct proportionately on the lot and then you feel that the lot itself can can accommodate this home uh yes like I said we we um within the bis building envelope and we comply with the bulk standards okay so I don't know if it's the board attorney I'm sorry yeah I I Mr chairman I stand by my my position that they've established all the proofs necessary for the lot area lot width and lot Frontage variances but I just don't see any proofs that support uh a building coverage variants except for the testimony that it really won't stand out that's not really the legal standard that we used the applicant has to provide proofs that support the granting of the variance they have not done that for a building coverage variance in my opinion so they need to stay at the 20% yes okay Mr Duren I can pretty much read the room and we can move forward with this if we go back to the 20% versus the 21.5 well I need to speak to my client you know because that's that's please do take your time yeah because I need to that's that the good and the bad of Zoom right take take your time Mr chairman we do have one resolution we could do let's move to that okay okay the only resolution we have tonight is David stck this was an application that was approved Mr Tillery yes Mr orio yes chairman kahill yes those are all that the eligible members that are present tonight that's fine we'll give Miss Durkin an opportunity to speak to her client you want to do the minutes huh for May 9th sure let's do it all right number 11 adoption of minutes from the regular meeting of May 9th 2024 all in favor say I okay that was quick but we tried that was painless to sorry thank you Mr chairman um I've had an opportunity to consult with my client again since it's just a Minimus they're they to reduce the the building coverage to be compliant at the 20% correct okay so we'll submit I mean assuming that we can get a resolution this evening that would be conditioned upon that sure any other members of the board have any questions for this application hearing none I'm going to open it to the public any anyone in the public portion have any questions or comments about this application no one chairman okay we'll close the public portion and I would make a motion to approve this application with the uh amendments second call the roll please Mr Tillery yes Mr Patel yes Mr reio yes Mr blown yes Mr Mondo yes and chairman K yes application's been approved as amended we'll memorialize it at our next meeting and send a copy to you good luck I appreciate it thank you so much for your time this evening everybody enjoy your Memorial Day weekend youo too thank you thank you so much have a great weekend as well um I guess that's it we already did it right I'll motion to adjourn all in favor say hi hi okay everybody have a safe holiday do a barbecues or whatever you're going to do