good evening everyone welcome to the board of adustment Township Berkeley Heights we're located at 29 Park Avenue here in Berkeley HS New Jersey this is our public meeting this evening it's June 27th 2024 7 pm. on the clock please note that this meeting is being held in conformance with all regulations of the open public meetings act adequate notice for the meeting has been posted on the website and sent to the newspapers of record the agenda has been posted in the town website and the Bolton board fronting Municipal Hall at least 48 hours in advance of the meeting this evening the agenda items will not necessarily be heard in the order listed and the meeting will not continue substantially past 10:30 p.m. May I have a roll call Miss Val sure Mr Sullivan pres Mr Co send his regrets Mr deia here Mr Ringwood here Mr Sylvester here Mr per sends his regrets M West Augustine Mr Degan here Mr torus here and and oh and like I said this is an informal it's like I don't have you on here that's why thank you we're we're going to um move on to some housekeeping items first the adoption of the minutes from May 23rd 2024 Mr deia did you have an opportunity to review the minutes I did I believe everything's in order take motion to accept thank you may have a second by Mr Degan please I second that motion all in favor on the adoption of 52324 minutes I thank you adoption of resolutions we have two we have application 24007 this is the eert residence located at 115 Kent Drive block 2601 lot 2.01 this is in the R20 Zone on the west side of town off of Mountain Avenue Mr Ringwood did you have an opportunity to review the resolutions I did I found them to be in order I move we adopt and I have a second by Mr Delia this even second and a roll call on 24007 please Sullivan yes Mr deia yes Mr Ringwood yes Mr Sylvester yes oh that's right sorry and Mr Dean yes that's it carried four here thank you and our second resolution application 24008 raftery this is 51 Tanglewood Lane block 31 left 42 this is also in the R20 Zone on the west side of town this was a home business which was B taking cookies and Breads and Mr Ringwood did you have an opportunity to review the resolution I did I found it in order and move we adopt the resolution thank you I may have a second by Mr Degan please I second that and a roll call on 24008 for the members that are eligible please sure Mr Sullivan yes Mr Jia yes Mr Ringwood yes Mr Degan yes okay Carri for Z thank you very much and we are moving on to the applications for review this evening an announcement carried to August 22nd with no further notice required application 2411 Dan rard 157 Pearl Street block 905 lot 6 this is the R15 Zone this is a project on Pearl Street that will be car married formally until August 22nd 2024 with with no further notice and we are also carrying application 24009 Bo Joya Joya Joya the Joya application 32 Liberty Avenue block 13 noi Lot 4 in the R15 Zone this will be formally carried to July 25th 2024 with no further notice okay thank you we are now moving on to the informal reviews for application this is application 24009 32 Liberty Avenue block 1805 L 4 again this is an informal session this evening m wol we'll just provide some guidance to the applicant and the board regarding how the conversation will carry I expect this to be about 15 or 20 minutes and this is an informal opportunity to deem the application complete and to provide a little bit of guidance regarding your application this woman please so I think in this case the board just had some questions and they wanted some additional information so instead of having a formal hearing which would be open to the public and everybody could comment and ask you questions we're just going to have a little bit of a discussion with the board so you will have to repeat everything you say tonight at the real hearing you'll have to repeat everything the board will have to repeat anything it says so this really won't carry forward to the next hearing this is just an opportunity for you to get some feedback from the board understood thank you okay okay so thank you very much for joining us this evening want high level why don't you tell us what your goals are tell us when you first purchased the house we believe that you purchased the home from a developer a couple of years ago you've been living there the family is growing accessories are growing if you could share a little bit about uh what your goals are what Tom Bako may have uh shared with you and we'll talk about some items that we are are known about your property for example we'll talk briefly about the repairing Zone and we'll speak about some of the bulk variances that you're seeking with that's thank you sounds good thank you for your time um so I purchased a home November 2020 um previously lived in New York moved um as my family expanded to this town in New Jersey um purchased it from um romanella um Dominic romanella and uh it was a new construction home um I have an undersized lot shallow lot um yeah not conforming when in terms of setbacks um I have a I have a family of five um we have a very small P patio area in the back can you tell us what the size of the patio is in the rear yard sure 16 by 12 with the with the small deck that leads you to the patio area is the deck like a more or less of a landing to get from the sliders out to the deck correct yeah it's a small Landing with three steps down to the to the patio and that was 16 by 12 the papers were 16 by 12 and that's 192 square foot rear yard existing patio that patio was rolled up into the resolution in 2019 19 when we met was it romanella romanella romanella uh he had asked for relief for the patio at that time saying more than likely the next family moving into the house was desired of some type of uh feature they he did not want to build the deck and we agreed on a limited siiz patio at that time fast forward uh new family has moved into the house which brings us to the accessory Improvement that's correct and um so like I said I have a family of five um we want to utilize the space um like like I mentioned it's a very small um existing patio area so not much I can put on there in terms of table chairs or barbecue area I would like to use the space um more or less all year around which is why I also put in the proposal for some sort of roof covering um and yeah I also proposed a barbecue area to the so proposing a a twoot deck um instead of the paer area with a covered roof and then to the right of that proposing also a um a paer area where I can put a barbecue and a grill and um an island for seating um for the family um and then I have a walkway also to get from the front of the yard to the back of the yard to make it easier for the kids to and friends to get to the back and to the front okay now you met with Tom Bako when you first approached this project and what were some of the items that Mr Bako identified as far as requiring relief we're most sensitive to the rear yard setback the front yard setback on the birg Miller side and we'll speak about that and the overall percentage of impervious coverage that's correct yeah um so Tom um informed me of the R15 Zone um is it 25% um coverage area um I I am aware that I proposed approximately 33% um I also you know I'm also willing to compromise on some of that percentage um to bring it down below 30% if possible um Tom also mentioned um as you had mentioned about some of the rear setback um requirements and you know again given that I have an unsized lot and and a shallow lot um and the and the um setbacks on non-conformity it makes it difficult to get there uh can you tell me about the rear yard and long B Miller is your property 100% fenced in with a white vinyl fence is it partial if you could tell us a little bit about the existing fence line because that's signicant I only have um a fence of um um a PVC fence in the rear going to the end of the house on the right side so all the way to the to the left to the end of the property line on the left all the way to the end of the house line on the right so and then after that towards the right and all along the brook area there's no enclosed fencing okay so you have about 70 linear feet from the west side of your property towards the east which is going towards bird Miller and is the white vinyl fence that separates you and lot five your next door neighbors to your left your fence or your neighbor fence I I believe my neighbor's fence it was notall by so you've got 70 or so linear feet of PVC white vinyl fence in that area that's correct and the do you know what the the area of your lot is it's uh as far as uh looks like it's 11,000 83 square feet does that sound about correct 11,813 is correct the the by definition in the R15 Zone it should be 16,500 on a corner lot it's traditionally 15,000 what is unusual about this area and I I've heard this argument from many and Mr deia will probably support my comments the area across the street from Columbia Washington street putham street there's a couple of other streets we start at Nancy and then we work our way up across Hamilton Terrace and then we work our way to walam and then Liberty yeah there was always discussion that that side of town and that location should have been the 0 Zone across the street near Columbia Park or Memorial Park it's the 0 Zone somewhere along the line the Zone changed and many of those lots that postage stamps that are about 10,000 square ft and somewhere along the line it became the R15 zone so we understand that you've got those squares there on Liberty as well however we're here to discuss your application in 2024 um I'd like to just briefly speak about the reparan Zone when this application when the development project first came on board that the zoning board the engineer of record the zoning officer of record were extremely sensitive to the reparan Zone a reparan zone is a Zone that's near a body of water I.E the tributary Brook that's there and the lands are supposed to be protected they're supposed to stay in their existing vegetative state you're not supposed to cut anything down you're not supposed to S it or alter that land that project was altered before you purchase the house and this probably sod or some Landscaping over in that area yeah cor I spoke to the zoning officer I spoke to Tom S Faro the burrow engineer the repairing Zone in that area was destroyed um we would love to see it return back but it's beyond that so we need to for the record on any resolution we need to identify that there is a repairing in zone however you're not penalized because the developer before you purchase a project alter that and it is the the opinion of Tom and Tom that it was destroyed so the reparan Zone doesn't exist that may not apply to the house across the street that may not apply to the house along the brook behind you but this is unusual and an unfortunate situation because the town and the county of Union are very sensitive to the the amount of Green Space there's a green space inventory and there are credits to Grants through the D and the E EAP to um restore land and keep the open space so there's been a change there um what we are also most sensitive to is the rule is 25% maximum you're at 33 and change we sometimes balance at around 30% 30% is not the magic number it's 25% but we do recognize that you've got an undersized lot you know you're you're 11 and change where you're supposed to have 16 and we understand that there's a short rear yard personally I'm most sensitive to the nine or 10 foot setback for the covered patio sure I just think that's going to be a tough one yeah the members of the board are going to provide you with some guidance as well I'm thinking maybe instead of a a feature that's perpendicular to the house some running something parallel to the house to create a greater open space between you and the neighboring property on lot three and probably wam might be better but I'm I'm one of eight and um I'm going to let Mr sorus you have any questions or comments about no what what you've heard so far none at this time thank you and M West um no not not at this time okay thank you very much Mr Degan any comments for um the Landscaping that is proposed here that's going along the back is that all new or is that existing along the back would be new all these that's lining that would be new that's all new and what are those going to be um some sort of evergreen trees or um nothing too high yeah something eight foot or less that's all I have thank you Mr D and Mr J yeah just I I do agree with the chairman if we Poss be a little more of set back with that yeah would a 15 foot setback be better and then 15 is greater than nine but it's not 30 right that's that's how we have to leave we're not here to vote tonight we're just here to you you've are afforded that opportunity of just hearing us and typically people come in cold and we just when we started to digest this application I spoke with Council about it and we felt that you deserved some more attention because it it is somewhat of a busy application and I realize it's a tight lot in the family is growing it's exciting times but we've got to follow the rules that government sure um the decking is it um uh impervious or it it's impervious in this case because it's a cover deck okay so really that it's becomes part of the house and it extends up right so then that's was one which was going to lead me to the second question if the roofing were you know those Roofing pieces that they kind of open up so that the rain can actually come through it where it's not like a like a l like you yes if it's if it's a Pergola that's opened at all times just L we've really never dealt with louvers because then it falls into that bucket is it is it temporary is it permanent right it's not an awning it's an interesting question but I think the goal is to keep it dry and keep the rain out correct that's correct yeah but that that's solv the problem but it's very expensive okay unfortunately we can't accept finances just part of no and you're absolutely welcome to say it we appreciate your comments it's we have Mr Sylvester the rear setb back it's 9 feet but it's actually 8.5 feet if we can if we factor in the fireplace that's pretty close to that fence behind the house as I drove by it yeah I understand and uh like I mentioned I could trim that area down to get it to 15 foot setback and still have enough space for the family uh Mr ringlet Excuse me what's the setback of your existing paper Pao um yeah so it is about it's about 15 15 yeah and then on the other side of the walkway you have more pavers yeah to the right yep and what's your plan usage for that space um yeah it's just um Lounge area space outdoor lounge area space for the kids because the the sidey yard is where the kids play a lot of the catch and and throwing the ball around so be nice to sit there and watch them but I am also willing to compromise and remove that area as well in order to get in order to save 1.66% is that is that I'm sorry Mr Ringwood is that the area uh where the couches are is that that's correct um I mean how you want to proceed is obviously completely up to you I I will tell you that you know given the the of your backyard and I understand what you're trying to accomplish yeah um the fact that the bulk of your backyard is all is covered in impervious is somewhat problematic for me sure so that's just feedback that I can yeah exactly thank you so you've heard 15 minutes or so about the board I I think we would like to see a larger setback from the neighboring properties okay it may be sensitive it may not be sensitive um the Berg Miller side we really didn't touch base on that bergmiller is technically considered a front yard as well so Mr ringwood's point that that one sidebar patio feature maybe if we eliminate that and we tighten up the rear yard setback it may provide you with a greater opportunity of success we're not voting this evening there's still variances to be sort out but again our role we felt an obligation to you was to provide you with some additional intention if you want to work with your architect or your Landscape designer and tighten up your plans There's an opportunity on July 25th uh for you to return at that time if for some reason you know let's let's take the whole project off the table for summer of 2024 this is probably going to be a spring of 20 25 project if we get closer to July 25th and you don't feel that you're ready you have an opportunity to carry that application to a later date which will afford you the September October November to tighten up your plans button everything up hopefully be successful with some type of relief and then you've got a project for early 20125 so you're on there for Memorial Day at 25 it's just the way the calendar works we are sometimes faced with people on May 1st that think they're going to be celebrating their daughter's graduation party in the pool on on June 12th and it it just doesn't work again so we we would prefer to be the bearer of bad news and say this is a longer project than you think but please digest what we said touch Bas with Connie if we just asked if you please not tell us on 25th at 4:00 in the afternoon that you're you're going to p uh just give us a couple days or a week notice so we can Al our calendars because we are busy here absolutely you have any questions for us or legal counsel we're here for you I appreciate that um not not not particular if if you do Connie's email is available she doesn't answer the calls on Saturdays but um we will be available to provide you with guidance if you wanted to love something at Tom Bako and Tom Saro those gentlemen were also available to provide guidance they're not going to provide the answer they'll give you the fork in the road but it's this is your project and you know we'll hear what uh plans you have and will weigh the benefits of the I can revise these plans and and bring them to the next meeting yeah I would recommend having them in if you do re PL a minimum of 10 days in advance uh because we do need to post them online if there is an interested party uh in town or in the neighborhood that might want to take a look at of the plans revisions in advance of the meeting we need to afford a minimum of 10 days okay we appreciate you coming out enjoy the Fourth of July and then we'll see you in a couple of weeks appreciate it thank you very much thank you very much thanks uh I'd like to open up the meeting for members of the public that have a question or comment Mr may I get a motion make motion over to the public a second by Mr Sylvester the second motion all in favor the meeting is now open to members of the public that have a question or comments for the zoning board this evening seeing no one have a recommendation to close Mr Sylvester I make that motion that we close the by Mr Ringwood seconded and all in favor all the meeting is now closed to members of the public Miss wolf did you have any comments or no the board will have to eventually have a Whispering Woods hearing on the 725 Mountain litigation so we're just in the process of scheduling that we're thinking it might be September it might need its own meeting date just because we had a lot of public last time I assume we're going to have the same amount of public this time so we're thinking September but I'll check with the attorney and make sure that's okay and I would prefer that if we are scheduling and they are a solo application for the night that it's a regular scheduled night not a special not a special meeting um Connie any comments um can you tell us is is are all the board's members up to as far as the continuing education are we are we in good shape is there anyone that needs to attend a class I know you keep that Mr tus you have 18 months from the time you joined the board to take that class you didn't take it yet right not no no I know Danielle's taking it um I think Brian yeah okay it's only online oh it is only online they're only on now hours or Saturday we late on a Thursday so you can touch base with Connie and Amanda will provide you with the opportunities that are available online or or in person just so a lot of them are like either on a Saturday or I guess they have different days of the week yeah I think it's usually a Thursday night and it goes to like 9ine or 10 depending on your schedule or Saturday morning and then it go it's five hours I think yeah long yeah it's kind of Brian how long was yours I mean it's different people presenting it each time so you'll get a little bit of a different presentation from whoever does it but it's usually at least one attorney and two planners I think that do the presentation with that said thank you very much may I get a motion to close the meeting this evening Mr Delan motion and we have a second by Mr Ringwood seconded all in favor of adjourning thank you very much we'll see everyone on July 25th enjoy the holiday coming up thank you very much everybody I be a process think you're done the town Town their app 50 like no joke so I started filling it out last year by the time I submitted it and I had to Res d