live streamed tonight Advocate notice of the meeting was provided in New Jersey Harold it was also posted on the sparta Township website and its bulletin board in accordance with all provisions of the open public meetings act it's the practice of this board to salute the flag please rise and join [Music] us pledge allegiance to the flag States of America to the rep for nation I'll just go on uh what's on the agenda tonight for the items we'll have an executive session regarding existing Le uh litigation and this board will probably not take more than 30 minutes with that after that we'll have approval of the minutes we have a few resolutions and then we'll have a public hearing on Michael mckever and Danielle m C variance relief so at this time I please ask the public and our attorney for tonight time to step outside as as we uh do the we have approval of a minutes for July 12 2023 CHL entertain a motion so moved second please second any any comments on the minutes I did find uh in rereading it right before the meeting we have listed members present it says chairman space Vice chairman Vice Chairman's name the other members of the board that are present and chairman Ken La um I'm assuming that there's a typo there just a little one there Richard yeah that too that's the only thing I found oh you didn't miss where it said the time the uh the board adjourned that wasn't there I you would have caught that too on the last no I I wasn't I didn't that one all right so Marissa you can call the uh rooll please Michael jic I wasn't present at that meeting oh I'm sorry no problem Rich larua yes Michael Lei yes Richard robacker uh with the corrections that were noted Mark Scott yes Lon teneri yes chairman Kenneth Larry yes we have two resolutions to be moralized the first one Andrew Mueller application 7-22 for C variant decided on January 10 uh 10th 2024 entertain a motion so moved second please second any discussion Marissa please call the rooll Michael jic Yes Richard larua yes Michael Lei yes Mark Scott yes L teneri yes chairman Kenneth Larry yes and the second one Richard Allen application 7-23 Steve Maran decided on January 10th 2024 chair entertain a motion so moved second please second any discussion Rissa please call the rooll Michael jovic Yes uh Richard larua yes Michael Lei yes Mark Scott yes L teneri yes chairman can Larry yes all right then the application tonight Michael mckever and Daniel Danielle mver 15-23 for seed Rance relief it's also the practice of this board not to hear any new applications after 9:30 and to adjourn at 10 p.m. uh please come forward does he have a mic over there yeah we'll get one so Mr mck can you take that microphone over there mik is that new was that one there oh is it just keep that mic's on just tap on on the on the desk I think that's a new one yeah yeah look at that oh stepping into the future boys and um and just before we start just for procedure after the applicant and his professionals present your application would then open it up to our board and professionals and after we through we'll open it up to the public and um now who will be testifying just yourself Mr Mr mcka you want to please rise raise your right hand do you swear to tell the whole truth nothing but the truth in regards your application I do and please give your name and address to Marissa 15 for drive1 and then I guess you're Mr eolo M and then Mr colone uh Tom would you mind uh qualifying for credentials and so forth sure Mr in what capacity are you testifying this evening uh civil engineering Cil engine okay clip raise your answer do you swear from the any testimony provideed before the board this evening will be the truth yes thank you okay can you please give the board the benefit of your professional qualifications and let us know if your license remains in good standing you can sit graduated in uh 2012 from Ruckers University civil engineering degree I've presented uh in front of various boards throughout New Jersey and I've been a licensed professional engineer since 2017 and your license remains in good standing correct chair all right thank you any questions from the board no and then if you're so kind to uh speak clearly and directly into the microphones because it's a state requirement we have all recordings right Y how can we help you so the application is for a proposed pool in the backyard and we are requesting variances three variances for the sidey yard patio sidey yard pool and the distance of the pool from the dwelling um as it currently stands there a a large lot but relatively speaking the the usable space that is available is relatively minimal due to um the steep slopes and regulated areas towards the rear of the property um so there's honestly nowhere else to to put the pool other than basically that's the only spot that's possible in the rear yard there's also a de and a septic that were yeah basically the only spots put there and there is uh an existing non-conforming condition for the sidey for the building um so so yeah there's not many other alternatives for complying with these sidey guard setbacks um do you guys have any questions to finish presenting your application and then I'll open it up to our board and professional if you don't have any other information you want to uh add at this time yeah that works what uh I just had a few quick questions what about the type of lighting you're going to have around the pool or spotlights or anything else back there yeah no spotlights just standard garden lights that will go with the landscape yeah yep then any potential I don't know is your property fenced in now entirely oh it is okay we'll have to bring it to code it's not high enough at this time but it has already fenced in in the back and who owns uh lot 72 is that the one right to the next to us yeah I mean because this we'll get to it in David's report too but there was John I can't I don't know his last name I've already talked to him he's aware um he told me he doesn't care I I approached him months ago about it and he's said yeah I don't care so he's aware of it John I can't think of his last name but we cover that more with David so um Marissa you can open it up to the board other board members for questions and comments please Michael jic no comments questions none Richard larua uh just one deferring to Dave's uh report uh he questioned the distance to the septic system and the plan we had didn't have that information on it did could you can just confirm that for the record uh yes current plan does have that dist and it is that's fine and just so the board knows uh when I I did make an sight inspection of the property uh the applicant did show me the approximate location where the septic system was on my site visit so I don't have the exact dimensions that were just mentioned but it sounds reasonable okay is it in the front yard or is it on the on the driveway side it's on the driveway side so it's left to the driveway exactly y That's all do my any question Michael leandi no questions for me thanks Richard robacker no questions mark Scott uh no no questions I think it'll certainly be a nice Improvement to your property good luck Landon tener no questions right thank you Marissa David if you can uh give us your report on it please sure Mr chairman again referring to the report I prepared dated December 4th 2023 uh regarding ing application 15-23 uh the applicants engineer just mentioned the variances for the sidey yard setback for the patio the pool and the dwelling to the pool uh we also called out a variance for an existing condition for the sidey yard from the principal dwelling 50 ft required minimum and 31.3 exist what I've seen in the past for the from the board attorney is uh to if the board would consider that existing condition of variance just to memorialize it so it was taken care of uh with regards to the plot plan for the proposed pool uh we pointed out or the board did already the existing fence in the rear of the dwelling is showed over the side Lot line onto adjacent lot 72 um I understand the applicant contacted his neighbor and made him aware of it and they have a apparently an amicable position uh my question is are you going to relocate the fence we are so as a condition I'd suggest that that portion of the fence that encroaches be eliminated off the appli or the neighbor's property uh we talked about the lighting uh there's also an existing rock wall in the rear of the dwelling that extends onto adjacent lot 72 I had asked if there was any maintenance or easement agreement in place for this Arrangement or if each property owner was basically responsible for the portion of the wall on their property yeah that's how it's been we moved into 2021 and we each have landscapers that take care of the wall on our property so you take care of yours and your neighbor takes care of his correct is there any concern with the stability that wall when you dig up the pool uh it's close to it I just and it drops off severely after that yes it does I it's going to have to be a construction item they're going to have to take care of when they do it when they cons if the board grants approval uh item 3D the discharge point from the proposed pool equipment to be specified per the reference section again that would be something for the construction official in the health department to approve and then finally section 18- 5.3i under swimming pools 25 ft is required between a septic disposal bed and the swimming pool the applicant to show the proposed separation just for the record could you give us the revision date on your plan please because I don't think anyone else has that I was say this is revision two dated December 19th 2023 129 correct 23 I don't know if the board attorney wants that marked as an exhibit or not well let me ask you this so what's on that board uh that's not in everybody's packets as far as I know that is what was submitted but I did did not submit it personally so um but Dave how did you write your report before the oh you you you only read revision number one I mean the the original plan I have a revision number one dated 11623 so you haven't taken a look at this one no okay well why don't we Mark um because does the board members have you has anybody gotten a copy of this most recent plan no no all right let's mark That's not the same as this apparently not what's the re do you have revision number two no just one yes this was updated to address the report review letter and and that's fine not a problem I'm just trying to make it yeah correct for the record but as far as you know it wasn't submitted to the board the reev the revision so this is apparently not not okay all right so let's do this um because it's a it's a revised version we're going to mark your is is it just one sheet plan two sheets two sheets let's mark the new revised set as exhibit A-1 uh and we'll just call it revised site plan set or plot plan Set uh revision number two dated December 19 2023 that's exhibit A1 okay and does it have the information that Dave asked for in his December 4th report correct the septic field distance um maybe not everything I didn't uh specify anything about the lights only because they're small landscape lights um the other Factor was we were trying to request a waiver for the so motor requirements only because there there's no real location where that would work um let me keep going then okay let me keep going then as far as item number four utilities again location of the water service line serving the subject property to be provided I would ask the applicant I'm assuming it comes in from Forest Hill Drive to the front of the property again I asked for that just to make sure there was no conflict with the proposed pool uh the location of the septic system to be shown and I believe that's on the exhibit A1 that was just described and provide the separation distance between the swimming pool and the uh and the uh septic system then with regards to storm drainage item number five Sparta Township recently adopted ordinance 21-02 amending section 185.30 in perious surface is greater than 500 square fet the proposed pool area pool and other apperances exceed 500 square ft therefore storm water mitigation is required for the proposed Pool and Patio the plans to be revised to show storm water mitigation basically what's taken place and application similar to this and what I suggest to the applicant uh is basically to construct a dryw uh in accordance with the township uh requirements uh basically a cach pit probably 500 to 1,000 gallons to take clear quote unquote clean water off the roof area and incorporate it into the dry well and mitigate it okay y that could be constructed in the front of the house someplace take one of the leader pipes the existing leaders do go underground I I do not have any uh information on existing seage pits um but that was my only uh concern it it appears that they're already going somewhere well I would suggest that again review this section of the ordinance that was just a suggestion to okay to take care of it if it has to be some other design to mitigate it uh then you'll have to come up with that okay okay and on construction details you already mentioned about the lowline lights the garden style lights uh storm water mitigation details whatever design you come up with uh as far as approvals go you need the township construction official soil erosion permit and the county health department just to verify everything that you mentioned tonight as far as separation distances and because we're dealing with variances for sidey yard and uh setbacks and other setback distances uh we recommend that an asilt plan be prepared just to make sure that everything's taken care of and it's not over the property line onto your neighbors once once you get done with the relocation okay that's my report Mr chairman thank you David you agree with everything Mr Simmons said in his report no questions or anything no I'll now open the hearing to the public for any comments please come forward seeing no one in the public when any comments is now closed to the public the chair entertain a motion approving the application can I ask another question yes sure um Dave what is it this pool is going to be 42 Ines from the wall how when you when you when you dig that out you disturb that you put in the pool you put in the water who responsibility is it who are they point fingers at if that if that wall collapses they point fingers at you are you the GC full contractor okay and yeah are there any are there any risks that that us that we should be aware of that is there I mean is this even in the realm of possibility is is my question I think what they're going to have to do when they go to the construction official to to get the building permit for the pool the construction official will probably look at that whole configuration and if he has a concern about the and he may have some information on the existing wall and the files for this house if there's a question on any additional loading for the wall he may ask the applicant's engineer to provide some stability calculations to show that the Wall's sufficient to take care of it okay all right as I was there I didn't look at the walls Integrity or anything I I was just worried if that dog didn't come out I didn't go out there and see it were you at my that was me I was on a call I'm sorry I missed you yeah it's a it's a boulder wall like how big is that dog 100 pounds okay any any other questions chairman chairman just a question or a comment um because this is a swimming pool and it's the end of February and I'm trusting you want to get this thing in for this summer if we follow the ordinary course of adopting a resolution and it might slow you down is this and I'm not fam with Sparta's procedures but do you allow waving of we cover that at the end Tom in terms of asking waiver if he has any questions you can definitely explain the uh legal benefit to that the chairl entertain a motion approving the application sure Mr chairman I'll make a motion of the board attorney draft a resolution approving application number 15-23 for Danielle and Michael mckever block 10003 lot 73 at 15 Forest Hill Drive seeking variances for um a side yard setback for the patio of 1T where 15t minimum is required a side yard setback for the pool of 12.23 Ft where 15 ft minimum is required the dwelling distance to the pool of 9.33 Ft where 10t minimum is required and and the existing non-conforming sidey yard setback for the principal dwelling of 31.3 Ft were 50 foots required um with conditions that we relocate the existing fence off the neighbor's property we construct a dry well or other means to address storm water mitigation as might be required and we prepare and submit an as built plan upon complet and uh the other conditions outlined in Mr Simmons report based on all plans exhibits and testimony provided thank you Mike uh have a second please second any other questions Marissa please call the role Michael jpic Yes Richard larua yes Michael Lei yes Richard robacker yes Mark Scott yes Lon teneri yes chairman Kenneth Larry yes congratulations your application's been approved and now would you like to wave your right to a written resolution as our board attorney Tom was suggesting yes yes pleas cherl entertain a motion so moved second please second Marissa please call roll Michael jic Yes rilla Rua yes Mel Lei yes Richard robacker yes Mark Scott yes Lon teneri yes chairman Kenneth Larry yes and good luck Mr keeper if in case you're not familiar what that means is now you don't have to wait the month for this board to memorialize its decision you can Pro but you're doing it at risk right there's always the chance that some cook is going to challenge you but that's on you but if you want to at least get going yeah I app thank you thank you very much now just for the record I'll open it to the public for non items on the agenda and seeing no one into public for comments on non have somebody agenda items I don't think they want to comment it's now closed and the CH Entertainer motion ad joury so moved second please all in favor all thank you good seeing everybody yeah thank you Tom you been for uh