New Jersey Harold was also posted on the sparta Township website and the bulon board in accordance to all provisions of the open public meetings act it's a practice of the sport that salute the flag please rise and join us I pledge allegiance to the flag United States of America to the Republic for which it stands one nation indivisible justice for all Marissa you can call the role please John FY presid Michael josifi here Richard larua here Mark Scott yes Lena teneri here chairman Kenneth Larry here Glenn ke I am here we have one uh resolution to be memorialized tonight to spart Evangelical Free Church application 1-24 for use variance board will entertain a motion so moved have a second please second any discussion Marissa please call the rooll Michael jic Yes Richard larua yes Mark Scot obain Lena taneri yes chairman Kenneth Larry yes and just for the items on the agenda tonight chairman can I just correct one thing and it's my fault oh yeah the only people that vote on a memorializing resolution are those that voted in favor of the board's action that it took so Mr Scott shouldn't have his name even called because he didn't vote to approve it and corre that's fine so I just want to make sure the record stays nice and clean okay thank you sorry Mark uh the items on the agenda tonight we have a 7-Eleven extension of time we have a rich barck SE variance after that this boort will have an executive session and after our session is done we'll open it to the public for comments on items that are not on the agenda and also we do not hear any new applications after 9:30 and we adjourn at 10 p.m. sharp which I don't think will be a problem tonight in any event um all right Mr Duvall for 7-Eleven if you can come forward and how can we help you and please speak clearly and directly into the microphones we have to have a recording for the streate good evening Mr chairman members of the board uh Jason tuell attorney for the applicant it's been some time since I was here and presented as you know when we had the application here we spent a lot of time on the project with the neighbors and the board and um and I look back at the original resolution it was actually approved like two months before the pandemic um so between the pandemic um 7-Eleven purchasing Speedway which caused them to have some Financial pullback on some new stores um they require this last extension and the last extension is really needed for the following reason they are now in the process of relocating the local franchisee that runs the store they have to relocate this person during um Construction in order for them to build the store so the franchisee can still earn a living during the six months or so of construction they have now found a location for that person um in a in a neighboring County and that's been worked out we have all of our approvals though as um as your engineer can tell you we got our D approvals we have resolution compliance we have not sat on doing those obligations so those have all been done so the goal is to get this last extension and hopefully start construction um either in the summer or right or before the um before the ground gets cold um we actually did originally apply for our building permits so we just have to renew that application which hope to do uh shortly and hopefully uh we'll get the store built relatively quickly I have to say that I've been on this board many years and I haven't seen many one-year extensions three times so I was getting a little curious because if we have to do another one-year extension that would probably break the record but you're pretty sure yes and I spoke way to be done yes and I spoke to the client multiple times about it because personally we spend so much time as a board on this and as a group and I really want to see it built all the Landscaping improvements that were required all the building improvements that were required I'd like to personally see it be built as well so I spoke to them and they're they assured me that they hope to start uh before the ground gets cold on the on the process because I know it goes back to 2014 if I'm correct right no our no our approval on this was 2020 we our resolution was adopted on January actually had it here it was literally right January 8th Council I got the resolution yeah it was literally right before two months before the pandemic yeah yeah that's right all right so uh any questions Glenn board members the only question I would have is Dave as far as you know nothing's changed under the ordinance that would affect them at all with tools that that Jason I'm not aware of any zone change in that area or anything else that would affect what they already developed that's fine Mr chairman that's all you had to hear okay thank you board U will'll entertain a motion approving the extension time you just note can that there's no public here I don't think on this application at least I don't think Dan is going to be Dan smart enough know to know not to stand [Laughter] up all right the chairel entertain a motion for the extension for 7-Eleven so moved second please second any discussion from the board Marissa please call the role John FY yes Michael jic yes Rich larua yes Mark Scott yes lenon teneri yes chairman Kenneth Lowry yes all right Mr Nel good luck again listen I want to see it go up because of all the time we spent on all right thank you see you the year also wanted one of their hot dogs you told me didn't you some of us were in high school at the time the Richard Barack application please come forward we brought his own easel I didn't know good evening uh ladies and gentlemen uh Daniel binor from the law firm of Askin and hooker representing the applicant who is seated behind me if there are any questions for him um we're here this evening to uh discuss 65 Ridge Road Block 29001 lot 3 it's a 10 acre lot in Mr berens off Glenn you want to qualify the uh Mr gr said Dan yeah Mr grahe would you raise your right hand please try to tell the whole truth and nothing but the truth the proceedings before the board tonight to help you guide I do and who might you be Thomas gam g r a m I'm a liced professional engineer in the state of New Jersey my license is current I'm a partner in The Firm B Dr Walker Design Group uh I've been a licensed professional engineer for about 30 years I have testified in front of this board although the last time it was via Zoom during the uh pandemic and I've been qual I've testified in Sparta most of Sussex County Bergen waren Mars County been qualified as an expert a thank you any questions from the board you think we should uh swear in Mr barock if we have questions down the line we could do it now too uh let's see you do and then just the format after you present your case uh for the applicant and you're finished with that we'll open it up to this board and our professionals who have comments on and any issues with the with the testimony Etc and then after we're finished we'll open it to the public understood thank you before I get started is this the best place for it or would you rather I have it in the middle Mark and Landing can you see that from there too or not maybe move it back maybe move it back a little bit it should uh should be okay I look at that that better Y and Tom keep your voice up let's just make sure okay okay yep thank you all right all right uh so uh despite the property being 10 acres um and among uh four pre-existing non-conforming variances that are already on the property uh the applicant is before the board this evening seeking two additional variances to build a detached garage those two additional variances include one the garage will be in the front yard which is prohibited for an accessory structure and the second one is a sidey setback which requires 15 feet and I believe we have 10.6 um but uh I I do believe that this property is going to qualify based on the testimony from our expert uh that the the variances are permitted uh pursuant to hardship um so Mr Graham without further Ado if you can take them through the uh the property and the and the request okay so the exhibit that I have in front of you is the full sight layout plan sheet four or four of the plet that was submitted to the board no changes to it uh so we're here tonight for Block 29001 lot 3 more formerly known as 65 Bridge Road it's 10.68 acres and located in the RR or rural residential Zone uh generally rectangular in shape uh with a stem portion that's about 175 ft wide and 200 ft deep uh the overall property dimensions are 1,60 ft Deep by 410 ft wide uh the property also has Frontage along a paper Street in the uh the rear corner and also the old Ogden mine railroad line uh the majority of the site is uh not appropriate for development or really accessible uh by the uh the home owner uh there are two major easements which BCT the property a 200t wide jcpnl easement and a 100 foot wide public service and electric gas easement uh and then they are so on this plan North is to the bottom of the sheet so um those are to the east of the developed area and then just west of those easements is a pond and a stream and Wetland areas the uh Pond is classified as a category one water so it's afforded a 300t right Ian Zone uh the wetlands that are in that area would also have the biggest or widest transition area that the D has and that would be 150 ft excuse me so that um really takes away about 90% of the property for being able to be developed the area where the existing dwelling his pool his backyard his decks uh his driveway way and his septic system are all in the front stem it's almost a flag lock at it that way and that area is approximately an acre um that that we have developed so the site is accessed by a paved driveway from Ridge Road uh to the existing garage which is attached to the dwelling the rear yard again has decks and um an above ground pool in the back and then once you get past the pool area it really slopes uh away and it's very steeply sloped so that's why this property was developed closer to the road than in the center of the property uh the existing septic system is located in the front yard area right in the in the middle um topographically again uh portions of the site are in the more uh gentler slope areas there's elevation 1255 at the road 1249 at the garage and then behind the pool area it's 12:30 and from there then it really crashes down to that Wetland and environmental area in the back so everything generally slopes from the road through the property to the back uh when we look at your the bulk requirements uh the property meets all of the bulk requirements for the RR Zone with the exception of lot width 200 ft is required we have 175 ft lot Frontage again 200 ft is required and we have 175 ft the Northerly side yard which is on the lower portion of the P page is 37 Feet where 50 feet is required and then the southernland sidey yard is 33.3 Ft where 50 ft is required so even though this site is 10 acres the developable area is really narrow and doesn't really match up with the RR um sidey guard set pack so those are all pre-existing non-conforming conditions there are a couple of existing sheds and out buildings at the easterly end of the property over by the OG M Road those uh it's been determined did not belong to the applicant and we're going to have the neighbor remove them from our property again the existing non-conformities are due to the shape of the property pushing the dwelling back would have required steep slopes disturbances and a more difficult construction the applicant today is proposing a three Bay garage for his uh car collection uh the proposed location results in variance conditions for its location in the front yard accessory structures are not allowed in the front yard and for side yard setback we have 10.6 feet where 15 ft is required for a an accessory structure and the location uh that we chose for the the site is really based on the existing site constraints um the flest part of the property is up in the front uh we avoid uh the I'm going to switch over to plan sheet one of the set the site layout plan it's a blow up of that of just the area that we're talking about and you can see that the proposed garage is the gray rectangle that's there so we proposed it in the flattest part of the property to avoid any SL uh to minimize disturbances uh and to minimize any uh potential uh tree removal you can see we Lo had the mature trees located and we kind of found an area that we don't have to knock down any trees um what my spot okay so again we're proposing a three Bay garage uh the location is based on the topography the trees U we are outside of the riparian zones which is the 300 foot buffer to any water course um and not only is there a water course on out property but there is another Pond or lake on the property across the street and that riparian zone comes almost to our front line so the riparian zones there a narrow width where we can locate it that is really outside of the jurisdiction of D the entire rest of the property is under the jurisdiction of the d uh we're also outside of the wetlands and any Wetland transition areas uh we uh use the 150 fot transition area which is the greatest one that the D could provide and even if our Wetland line is off by about 200 feet we're still outside of the wetlands in the transition area that would be associated with that and the wetlands are down at the bottom of the hill where this the stream is and where the pond and it's steeply sloped so I'm confident that where the wetlands shown is where they are and that this property is outside of any Wetlands or trans transition areas but again it's an environmental consideration that forced all of the development up towards the road uh so that just leaves a pocket in the in the front yard uh between the existing house and the roadway uh then we also had to take into consideration the location of the existing septic system which is in the grass area in in the front yard we can't put the garage too close to the septic system because we have to maintain the separation distances that the state requires from a structure to a septic field so that's why we put it where we did on on the opposite side of the driveway uh in the front yard and it's set back away from the driveway this is uh the doors of the garage are going to be on the front right and that um those garage doors are perpendicular to the driveway so we set the base of the garage 30t from the far edge of the driveway when you're designing a new house and you have a side entry garage 30 feet from the edge of the driveway to the face of the building is the minimum that you use so that a car can pull in and make a 90° turn and pull into the bay Square so that's why the location is as far away from the driveway pushing it as close to the the rear lot line as we did so from a practical functional reason that's why it is set as far away from the driveway as it as it for um so those are the reasons for the location and really the uh variances that are associated with it it's the lot constraints both environmental uh and practical and the condition of existing improvements or location rather of existing improvements specifically the septic system which forced our hand to put it in in this area um that's really the bulk of the the testimony for why the garage is where it is I'd like to go through Mr Simmons report that's okay we'll do that after our board does um the applicant want to say anything at this point or do you have any more information Mr uh yeah ju just that the jungle gym has been removed that yeah the jungle gym which was referenced in Mr simm report has been REM thank you for reminding me that that was it and also the the the structure will not have any water service will not have any bathrooms to it it will have electricity and there will be um heaters uh many split systems will be uh provided so that the garage structure does have and we have also been in contact with the jcpnl and we have an active application with them there is an existing utility pole um they may require that the pole be relocated so the wires don't pass over the roof of the uh garage but we've already initiated that process with them it's it's a process slow so but we we have um uh tried to take care of that so that's really the bulk of my testimony and if there's any questions or I can answer anything I'd be happy to try um Marissa you can open to our board I just had uh the njd now you were speaking about some um lines and so forth have they been in touch with you or confirmations or validations of what it is and again um the p and stream is per the survey it is absolutely going to have a category one designation that's on the D's website so the maximum buffer is 300 feet we are outside of that 300 foot buffer where we're proposing the garage again the pond on the other side same thing we located based on the aerial imagery and Drew a 300 foot line around it and it doesn't even come to our property so we're well outside the riparian zones and then with respect to the wetlands again the wetlands are down by the stream Corridor then it's very steeply sloped so I don't believe that the wetlands would be 200 feet up a slope um that's not typical Wetland topography and uh we're well outside of the wetlands and the associated 150 foot buffer by it by about 200 feet so this is not a d application in my mind then what is the construction materials for the garage what is that going to it's going to be a stick built um this is the architectural plan believe that was submitted I'm not the architect I didn't prepare it but it's uh you know vinyl sided uh probably colors to match the existing delling uh asphalt shingled roof and stick bu it's going to be relatively attractive and we'll blend in with the property and then the sheds any slabs on the shed that's going to be removed uh if they are they will be removed in the area will be uh seated ha and brought back to state I'm you can call on the rest of the board please John viy I have no questions M Michael J yeah is there going to be any type of um screening in front of the like trees like Shrubbery uh we did not propose any Landscaping um the property I if you've been out there Ridge Road is there's almost nobody on there um we are back about 80 ft from the road from our front property line but from the physical edge of the the roadway and there are some uh trees and vegetation there um we've had discussions with the neighbor about its location and they've agreed to kind of work together to landscape that area but we have not provided any formal Landscaping on our plant that's all I have Richard larua uh just one question and you may not be able to answer it but the uh you said you you're proposing split systems for temperature control that's what I was told about 10 minutes before the meeting start okay the only question is are you going to have some condensers mounted outside the building on concrete pads and where are they what side are they going to be is that going to affect your variance line or they are required um they will be on the side of the building not on the street side on our property side um in this area and if they're there on on the ground we'll put some kind of landscaping buffer around it or a screen so that it's not visible uh from the neighbors the closest neighbor is here and actually between his dwelling and our proposed garage and where those many splits would be his garage sits so his line of sight is already screened by his existing garage Dave would they affect the variance requirements of locations the concrete pads uh based on the uh offset to the side of the building I don't believe it's going to be because I believe they'll probably be someplace along the width of the building and not any closer okay that's all thank you Mark Scott um the existing house has a two-car garage correct that's right have all all the neighbors within the required radius been notified of this they have yes and we provided the notice requirements to the township as well and I have them with us as well Glenn so this question is for you Glenn so a c variance requires three things correct can you tell me what those three things are proofs correct well you have to prove the affirmative criteria and the negative Criterion I think I think you're doing it as a C1 uh because there are practical difficulties in developing it because of topography it was all the environmental testimony so they have to prove that stuff that was their just summarizing I'm not making their case I'm summarizing it work so that was the affirmative then on the negative criteria they have to show that it will not negatively impact the public good or the Zone plan or Zone scheme which is the zoning ordinance and and other things for the area and I think Mr Graham did kind of talk about that but if you had more questions about it you could certainly ask him Mr Scott I was at the property this morning and I looked at it and and I I just why why is why I I understand the property is 50 60 feet away from the road why isn't it farther a little bit farther back why wouldn't that have worked well if we if we P further back we want to be perpendicular to the driveway right so the driveway comes in on the plan so as the driveway Works into the property it actually gets closer to that property line we couldn't put it on the easterly side because of the location of the sep so the garage has to be on the Westerly side of the driveway if we pushed it further back we would get closer to the property line and also there's a a stand of uh uh trees in this area that we're trying to save them there's no reason to knock down the trees just put it there when we have an area in the front and again it is while it's in the front yard it's about 80 ft from the pavement and we are uh 10 ft from uh the closest corner uh the sideline and the nearest structure is another garage not a dwelling and essentially we'd be increasing the size of the variance required or the need of the variance required if we did if we did move it back okay thank you Landon tener I have no questions all right um then we could get to uh David's report please sure Mr chairman just just referring to the report I prepared dated March 7th 2024 uh Mr has gone through a lot of the information but I'll just highlight a few things if I may on page two again pointing out the variances I included the existing uh non-conforming variances with regards to the house it's my understanding that uh if the board is agreeable they'll Grant those variances just to preserve the rights of the applicant uh and take care of it that way uh with regards to uh on the variant comments on item number three again they mentioned most of them I had called out the wet land comment on Note number eight because that was on Mr Graham's plan and I believe with the additional testimony that he provided tonight uh based on the description of the wetlands and then going into a steep slope and the buffer area uh the Comfort area I should say that he's got with the transition area it's not like we're to the nearest Foot so I feel more comfortable in that based on his testimony as far as the wetlands go then going over to page three on utilities again there's not going to be any water or sewage going to the uh proposed garage uh the electric we talked about that as far as the split system so that's taken care of and with regards to storm drainage they are providing mitigation in the form of uh an Interceptor unit that's going to be placed uh to catch the quote unquote Clean Water by D requirements from the roof area of the proposed structure again I recommended that if the board decides to Grant an approval that I make us subject to them conducting the necessary soil log and testing to verify the permeability that was assumed for the construction of that system and also a maintenance manual be prepared just so the uh future owner and what have you whoever has title to the property knows what's involved with maintaining that and taking care of it uh on page four again with the architectural plans they mentioned what they would be doing with the heat units and then number seven is the standard conditions as far as uh other approvals that they would need uh the change to that would be item 7D D approval based on the testimony tonight that there have a buffer of about 200 extra feet to the Wetland transition area I don't think that would be necessary that was really put in based on the comment number eight that was on Mr Graham's plan originally before he testified here tonight and then as a usual comment number eight for miscellaneous uh we normally prefer and recommend that an asilt plan be prepared just to verify the offsets and all the construction if the board so approves the application I might comment on that sure on 7c the upper Delaware Soil Conservation District as our plan stands today with less than 5,000 square feet which would not trigger the uh permit requirement and if they are less than 5,000 square fet I'm not saying they're not that would be fine with me I had included that in as a companion comment to D for D because normally when you get those permits they might want soil con a yep understood and uh certainly will apply to the U Sparta Township for the building permits the county health department for the dryw um as long as it's more than 50 feet from the uh seic system I don't think they're going to give us a formal approval I I would say if they would at least issue a letter to that effect that would be fine yes that would be fine so um David on page two you mentioned if we approve the app recommend temp sh be removed prior to building permit being issued for the proposed garage so that would be a condition would be I think we've already stated that those are not our structures and we've asked the neighbor to be move them from our proper the reason I suggest that Mr chairman um in this case and I'm not saying the applicant won't get it moved I'm not saying that but if you look at the map of the roughly 10 acre lot that shed is at the other end of the property and it's easy to forget that if you will and this way if it's done and it's taken care of they get their building permit nonissue so Mr gr um gram berov will have that as a condition in in potential approval and also David on that page three with the Sor log and S testing comments yes I condition too with that I'm I'm good with they if you'd make that a condition to normally normally what we do in a case like this to do a test hole and what have you've got to mobilize some machine and what have you to do the test hole if they if they apply for the building permit when they mobilize the equipment to do the construction they'll have the equipment on site it saves money for the applicant and we can verify it at that time all right good and and should the conditions not be as expected we can modify that system to something and we'll work that out with you yes I agre thank you any other comments David or that's no that's it Mr chairman members any comments none if not I'll open it to the public now if anyone has any comments from the public please come forward seeing none it's now closed to the public the chair will entertain a motion uh to approve the application Mr I just briefly I just wanted to touch base uh if if the board does look kindly Upon Our application I would request that the application be made with a waiver but we'll take care of it later okay thank you the chairain a motion approving the uh application can we could can we make any more comments yeah I had just said that markia if you had any more comments before that before we entertain a motion uh so so I went and saw the property today and I and and I stood there and and it made it made a lot of sense to me it that to put this three car garage there if this if this is what this gentleman wants to do I I did a two-car garage attached the garage so I don't understand why it's a hardship but or maybe I don't understand the definition of hardship but um and then I got in the car and I turned around and I know this is a very remote Road as it may be it's a very quiet road but then I drove around and I I as I was exiting the property I realized there's no other building remotely that close to Ridge Road and it just seemed like it was out of character and I was just wondering if we have all these zoning rules we have this master plan why is it apparently rather why why do we allow these changes and and and that's just that's if if we want to keep our buildings away from the road and we make and and these are the zoning laws that we have why do we say oh you want to put a three-c car garage there you can do that I I just I'm trying to understand conceptually where sometimes Mar with constraints to property and they have to deviate people from the zoning ordinance that's why we're here to help them with the process but it's uh always uh property constraints different reasons and that's why they come before this board when they deviate from the ordinances try to help them as much as we can okay great from from that that's a good answer thank you any other board members and again the chair entertain a motion approving the application and someone wants to take it on the chair will guide them through the process I make the motion to all right yeah with go ahead you I didn't take the notes you you'll entertain the motion so I'll make an addendum to your motion with the notes and everything you're okay with that I'm good with that um we'll have our board attorney prepare the resolution approving application 2-24 block 2 291 lot 3 Richard bar to construct the three Bay garage and for the record the pre-existing conditions are the following the side yard right where 50 ft is uh required 37 is proposed the side uh side yard left 50 ft required 33.3 feet proposed lot Frontage required 250 proposed 175 5 and lot width 250 proposed 175 for the variances actually accessory building in the front yard and also the sidey accessory building would be 4.4 ft variance and then with the following conditions the applicant adhere to all the points made from our board uh engineer David Simmons report also to provide as build plans upon completion of the project by a licensed new Jersey Lance surveyor also that the temporary shed sheds be removed and one more a soral log and soal testing be done in the area of the proposed proposed drywell to confirm the groundwater level and soril cability for the dryw and that's according to all plans and testimonies submitt it here tonight now did I cover all the conditions and so forth when had one more I thought but maybe I was confused didn't you talk about landscaped some landscaping around the condensers or something right um my my they didn't the applicant brought it up and I think said that they would if there were condensers they would put it around it I was talking more of the front and you said there wasn't because there was vegetation from the road to the all right I thought I picked it up but I just wasn't sure that's so uh Mr fle D do you accept that addendum I do do I have a second on that second I'm not gonna repeat it all Marissa please call the role John picky yes Michael jpic Yes Richard larua yes Mark Scott obstain L teneri yes Kenneth Larry yes your application's been approved Mr Glenn uh ke you can tell him now when he was going to wave his wave his right I believe you were asking for something Dan i' like request of a reading of the resolution that my client can apply for the permit obviously subject to the other conditions that were required prior to do I have a mo do I have a motion I make that motion second second just all in favor you like that all in favor is Glen all in favor please thank you very much good luck good evening [Music] know thanks yeah well good Tak not okay yep thanks Glenn gonna end this and go into executive yes well thank you for everything tonight thank you to David I I'll be excused then thank you no excuse for us there's no excuse for me I guess I don't know thank you have a good night thank you good night everybody thank you GL Glen [Music] okay camera exective session should be right officially when Glenn steps out uh the not yet we pick a motion the cherl entertain a motion going into executive session so moved second second all in favor I I'm getting like Glenn now uh thank you say that e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e okay yeah back into public hearing see no one in the public to comment on any other items not on the agenda it's now closed to the public and we'll entertain a motion to adjourn I make that motion to adjourn please second all in favor I thank you thank you good deal thank you