e e e town of vedis Zoning Board of adjustment regular meeting of July 30th 2024 is now in session adequate notice of this meeting as required by the open public meetings Act of 1975 has been provided by the annual notice published in the home news and Tribune on December 18 2023 as imp post to the main lobby of the municipal complex on December 18th 2023 please join me in the pledge of allegiance to the flag to the flag the United States of America and to the Republic it stands one nation under God indivisible Li Justice let's do that again let's face the flag actually IED aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice thank you very much we had to start the night off on the right foot on that one they're playing uh good call Mike thank you they're throwing C curve balls at us in the summer moving the flag Madam Secretary roll call please Miss Shaw here Mr aat here Mr chabra here Mr Sero here Mr Baron here Mr sadaha here Vice chair o' Gorman here and chairman Kumba here mam secretary minutes for consideration June 25th minutes of approval what's the board's pleasure motion to approve second motion made by Vice chairman o' Gorman second by Mr sedada roll call please Mr chabra yes to the motion Mr Sero yes on the motion Mr Baron yes on the motion Mr sadaha yes on the motion Vice chair Gorman yes on a motion and chairman Kumba yes on the motion thank you m AR first resolution for consideration Z28 2023 s patal what's the board pleasure motion to approve second motion made in seconded um roll call please Mr chabra yes the motion Mr Sero yes on the motion Mr Baron yes on the motion chair o Gorman yes on a motion and chairman Kumba yes on the motion next resolution for to be adopted z31 2023 kashuk Dadi motion to approve second motion made by Mr Sero second by um Mr sedada roll call please Mr chabra yes to the motion Mr Sero yes on the motion Mr Baron yes on the motion Mr sadad Vice chair Gorman yes on the motion and chairman Kumba yes on the motion next resolution to be adopted z42 2023 Joy deep paraka motion to approve second motion made by Mr sedada second by Mr Sero roll call please Mr chabra yes to the motion Mr Sero yes on the motion Mr Baron yes on the motion Mr Saha yes on the motion Gorman yes on the motion and chairman kba yes on the motion next resolution to be adopted Z6 2024 gilberg Builders to approve second motion made by Mr sedata second by Mr chaber roll call please uh Mr chaber yes to the motion Mr Sero yes on the motion Mr Baron yes on the motion Mr sadaha yes on the motion Vice chair Gorman yes on the motion and chairman Kumba yes on the motion next resolution to be adopted z7 2024 rashim arvand motion to approve second motion made by Mr Sero second by Mr sedada roll call please Mr chabra yes the motion Mr Sero yes on the motion Mr Baron yes on the motion Mr Sadat yes on the motion V chair Gorman yes on the motion and chairman Kumba yes on the motion next resolution to be adopted z9 2024 Patrick Amaral motion to approve second motion made by Mr sedada second by Mr chabra roll call please Mr chabra yes the motion Mr Sero yes in the motion Mr Baron yes on the motion Mr sadaa yes on the motion Gorman yes on the motion and chairman Kumba yes on the motion next resolution z13 2024 Krishna Murthy Ral motion to approve second motion by Mr sadada second by Mr Sero roll call please Mr chabra yes the motion Mr Sero yes on the motion Mr Baron yes on the motion Mr sadha yes on the motion Vice chair Gorman yes on the motion and chairman Kumba yes on the motion final resolution to be adopted z14 2024 Paul mes motion to approve second motion made by Mr Sada seconded by Mr Sero roll call please Mr chabra yes to the motion Mr Sero yes on the motion Mr Baron yes on the motion Mr sedad yes on the motion Vice chair Gorman yes on the motion and chairman Kumba yes on the motion thank you thank you Madam Secretary thank you members for playing Family Feud there I was trying to hard to keep on top of both of you guys but you guys are good all right uh so we have one announcement KZ 41 2023 mil milbrook Village llc at 97 Horizon Drive uh it will be carried to September 24th 2024 if you are here for this K z41 2023 mil milbrook Village LLC it will not be heard this evening it will be heard on September 24th 20124 at 7M in council chambers if you received a notice for this case you will not receive another notice this will receive will will serve as your notice good evening ladies and gentlemen this is a regular meeting of the township of Edison Zoning Board of adjustment the board is composed of Edison Township residents appointed by the municipal Council who volunteer their time and service to the board the mpal land use law requires that members successfully complete a land use training course administered by the New Jersey Department of commity Affairs this board also holds in-house training conducted by our board professionals the zoning board abides by the provisions of the municipal land use law in addition to our board's bylaws the zoning board is a quasi judicial land use board which differs from the township planning board under the mpal land use law board members are required to be impartial and are not allowed to discuss any case prior to its consideration before the board at a hearing all applicants will have the opportunity to present their case before the board with the opportunity for board members and board professionals to question the applicant and their Witnesses at the conclusion of the applicant's presentation of their case the case will be open to the public residents within 200 ft of the subject property will be heard followed by residents from outside of 200 ft all residents will be sworn in they'll provide their name and address and they'll be given six minutes to comment on the application being considered without the opportunity for rebuttal residents may ask questions of the applicant the applicant's professionals and board professionals the board requests that these questions are asked prior to any commentary being made on the application once commentary Begins the resident's timer will begin the applicant would be allowed for the opportunity for cross-examination of their Witnesses under the law the chair chair is allowed to stop any commentary which is repetitive or an attempt to filibuster the board further the chair is allowed to stop any commentary that is irrelevant to the case or prohibited from the board's consideration once a public portion is closed all public comment is ended unless new testimony is presented by the applicant the closure of the public portion the applicant will have the right of summation on their application following summation the case will go to the board for a decision this procedure has been followed by the board and is similar to the procedures followed by Boards of adjustment Statewide Municipal land use law requires the board to engage in a balancing act and is not required to strictly apply Township ordinances zoning plan or master plan as a board of adjustment variances are granted when appropriately necessary following all legal considerations as has been the case with prior boards this will board will see where we're at if we are still in session around 10:30 p.m. I ask that all applicants professionals and residents show respect to each other and be civil throughout all proceedings I ask that you withhold Applause booing or interrupting of anyone while they are speaking the chair will not tolerate any Outburst by applicants professionals or the public further since most cases are being recorded by a court reporter I ask that speakers do not speak over one another Madam Secretary first case on the agenda please case number z17 2024 Arvin hotel five Mark and Road applicant is seeking bulk variances to construct an attached garage to the existing single family dwelling the following standards have not been met total both side yard required is 18 ft proposed is 9.4 ft maximum per of lot coverage required is 40% proposed is 44.3% Max percent of lot building required is 23% proposed is 27.36% affected property is located in the RB Zone designated as number 1110 Lot number 25 on the Edison Township tax map all noticing paperwork is in order is the applicant here sir you can May step up to the table and have a seat this table right here thank you Sirah would you raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth so help you God yes if you pull the microphone closer so we can hear you thank you okay good evening Mr Patel if you would just uh tell us what you'd like to do and why you would like to do it well I my name is Arn patal I'm the owner for house at five marham Road Edison I'm proposing to add a garage and a storage room right on the left hand side of my my property and that this is the extension is about 320 square fet and I know that that required the variance in three components one is total both side yard under Section 37 63.6 and maximum percentage of lot coverage by building an accessory building under section 37. 63.1 and the last component is maximum percentage of the lot building and the payment under Section 37. 6313 the reason I decided to add this garage and the storage room on the left side for about 320 Square ft is because I have an electric car and I have a EV charger also which is outside and you know in the rain that's why I want to put in inside at the same time I'm a handyman I work on the cars and at the same time I do all Landscaping work also by having a garage you know I can have my EV charger inside the garage at the same time you know I can hang some you know material or toools along the side of the wall of the garage that can help me instead of going in the backyard to get everything that will be a big help and at the same time we need to add a storage room also because my wife has little problem arthritis and we have one room that we use on the second floor and she cannot climb on the second floor that's why we decided to add a storage room right behind the garage and that will help her big time for storage of all this stuff in of her kitchen and in order to do that I'll make sure that you know I address all the concern of my neighbors in terms of you know the water will not go because you know I'm trying to make build this Garage in such a way that the roof will flush with the wall and will not be go outside for you know any water and at the same time we also make sure that you know there won't be any problem with the neighbors and I request that you know my varant we approv okay thank you does the board have any questions Mr Patel s oh no have go well you didn't chime in okay wait all right in reference to the addition what's going to be the separation from the the side of the addition to the property line it's about two 2 feet 2 feet yes so if you if you wanted to work on the house you got to go on your neighbor's property put the ladder uh no we don't need to because you know we have two fet enough and if necessary for any reason I'll coordinate with my neighbors to get in they are right here and in you know I'll get that permission in case I need to right thank you chair have a question CH uh Mr Patel is there a fence in that location right now um I'm looking at the measurement it is one foot 1.2 feet um that's the distance to your set back is there a fence right now that's located yes there is a wooden fence over there now yes and do you anticipant replacing that leaving that there no I'm not replacing I'm going to keep the fence okay so this is going to butt right against the now say it's going to be the wall of this garage it's going to be 1T 6 in away from the face of the fence okay all right thank you any other questions okay see excuse me M pel do you have anything else to add uh well that's what that's what it is okay all right thank you very much um so we will now go out to the public if there's anyone within 200 feet of subject site wanting to be heard sir you can you can approach there would you raise your right hand do you Solly swear or affirm to tell the whole truth nothing but the truth to help you go I do state your full name and provide your address sure my name is col my address is to sorry didn't catch that sorry my name is colan c o l e m an last name to I live at two Markham Road and my mom is also here as well she lives at 7 Markham Road which is next door neighbor to Arvin Patel I'm speaking for her today since her English is not so good if that's all right uh she is here she is right sitting right here we're okay if she wants to also speak but you you know you need to you can speak for yourself and then she can come in mom one at a time yeah one at a time who's going to speak of course okay would you raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth to help you God yes yes okay if you pull the microphone down state your phone name for the record and provide your address okay yes please State your full name for the record um my name is the sh CH the last name is Cho I'm the property owner of the seven mam roll and one second and my husband also is the uh owner of the seven mam Road okay because my husband cannot come because he has um walking disability but you can you can speak for yourself you Canad for I can speakin for myself right yes and uh okay I just in case my anger is not quite good maybe I need my son Chate in case okay and after I revealed the applications proposal plan for the addition a new garage for the above Manion uh property that means Ain p pel uh we disagree uh for the following reason first one is a fire safety hassard due to the distance of the proposed proposed new addition uh referring to the original blueprint of property um the current distance from his house to fence is 115 ft based on the blueprint the proposed uh addition of the new garage 10.4 ft which Le leave only 1.1 ft if the proposal uh the proposed garage were to be buil bu it will be too close to where our our bathroom are my husband has a walking disability if they their property were to catch on fire due to my husband working impairment there is a concern that he may not make a safety in time I referred you know your time CH you know like a strong area belongs to um Al Stone the sh house you know a building require for have a minimum three foot separate from the properties side and the real yard but Avent is proposed only a 1.1 ft separation from the property line um the second the second is a half H due to the proximity of the new additions furnace kitchen and the laundry exhaust pie refer turn to the proposed garage blueprint for the day of the M uh May 7 2024 um the proposed plan is divided into two separate section the front sections which will be a one garage uh one car garage and the back sections will be a worked room we don't know the future plans will the worked room whether it be changing it to fign and or laundry room we are concerned regarding the health hases that it may impose to my elderly and working impair impaired husbands and myself the third one is a pivacy I am not sure if the applicant will add a second story or balcony on the top of a garage in the future I have a concern with our bedrooms being so closed that our pivacy will be impacted the fourth point is the point for as a maintenance for the future development in addition if the propos plan were to go through we are concerned regarding the Futures maintaining that is involved given that there is only 1.1 distance between Mr Patel's house and the and the fans and if Mr Patel will need to come on to our property to maintain his house if the townships approve their request what happens if we were to make renovation or adjustment to our house in the future will we be restricted from building our property due to Mr Patel's and new additions or will be will we also be able to build the same distance as Mr Patel's with 1.1 ft space between the house and the fencing to conclude we do not feel safe and comfortable as a stay in the above reason therefore we disagree with their current applications for the for the addition of the garage for a property of five memro Addison New Jersey 08817 um we thank you for your time and we would appreciate if you could understand and consider our concern as stay in the above objection thank you very much okay thank you if you need a letter I my husband also signed the paper no your your testimony your testimony was was was great we we we understood perfectly thank you so much okay thank you thank you sir you could I know you if you would like to are you within 200 feet as well uh I am at the end of Street you bring it there you go Street uh but I do also have concern as well uh if sorry let me are you within 200 feet Yes okay all right so then you can proceed and you were sworn you presented your name so you can proceed okay uh I'm just concerned as well like if he is allowed to build that close uh will that also allow properties on the street to build as close as well so um that's one of the concerns I want to raise um but that's it for me okay thank you very much is there anyone else within 200 feet of subject site wanting to be heard anyone outside 200 feet waned to be heard can I get a motion to close the public portion motion to close the public portion second motion made by Mr chaber second by Mr Sero all in favor signify by saying I I POS nay the eyes have it the public portion is now closed and we will go to the board Mr chairman Vice chairman yeah I'd like to make a motion to uh not approve this application based on the um doesn't fit the characteristics of the neighborhood the opposition from the neighbors the setback is a total of 18 ft and this one is um going to be less than that and the and the concern is the 1 foot 2 in that is shown so um and it doesn't meet the master plan so I would vote uh so I'm going to make a motion to not approve this application second motion made by uh Vice chairman of Gorman second by Mr Sero uh roll call please so this is going to be a roll call for denial that's correct okay mam secretary Mr tabra yes to the motion Mr Sero yes on the motion Mr Baron no on the motion Mr sadada yes to the motion Vice chair o Gorman yes on a motion and chairman Kumba yes on the motion this application is denied we sorry sir may I have an opportunity to address that concern sorry this is closed the case is closed thank you mam secretary Dick's case on the agenda please case number z18 2023 Vash Kumar 267 Savoy AV applicant is seeking bulk and use variances to extend his single family dwelling and add rooms to the Second Story floor the following standards have not been met Max building coverage is 20% proposed is 24. 29% Max F permitted is 37% proposed is 44.94 affected property is located in the rbb zone designated as block number 933 Lot number 1.05 on the Edison Township tax map only noticing paperwork is in order good evening good evening chairman board uh my name is Sony Desai from mavin kvin Patel and I represent the applicant Vish vikash Kumar um this is for the property 267 Sao Avenue um now previously there was testimony that was provided by the professional engineer Andrew woo um Mr Kumar himself and the architect um per go Lisa panak from proarch LLC um so at this time we would like to provide testimony from the professional engineer Paul Fletcher or the planner sorry Mr Fletcher would you raise your right hand do solemnly swear orm to tell the whole truth nothing but the truth to help you God yes I do and please State your full name for the [Music] record okay M oh sorry Paul J Fletcher Mr Fletcher if you could just please provide the board of the brief summary of your background and qualifications certainly I'm a a licensed uh professional engineer and professional planner uh in state of New Jersey um have been for about uh 37 years W I'm F when you're having fun U and the principal of Fletcher engineering have been for 32 years I've been accepted as a planner and an engineer front of this board and Edison planning board and numerous boards in the state of New Jersey and your license are current in good standing yes we'll accept you may proceed okay uh Mr Mr Fletcher there are two uh variances being sought correct that is correct and the proposed construction is it is it in scale and harmony with the character of the neighborhood yes I believe so the uh as we know North Edison is constantly being improved by uh new homes uh this will fit nicely into the uh into the neighborhood okay so you so you believe the house is as designed would fit into the overall character of the neighborhood yes that's my opinion um the proposed construction is not changing the character of the home as a single family um the two-story residence doesn't deviate from the surrounding homes correct um as such uh it is maintain the appropriate population density yes their density is not changing and Mr Fletcher do you believe the new construction will contribute to a desirable visual environment within the community yes I think that will be one of the assets of this application um now would the structure be so very unusual or atypical from the surrounding homes no um can you describe if there are other other properties which have similar variances uh well several come to mind uh that uh that I've been represented or that I represented in front of this board uh uh recently uh I guess perhaps a couple years ago 870 new do Road uh also in the rbb zone uh was granted uh uh F variants uh and also lot coverage by building very similar numbers 24.4% lot cover also uh 124 Floyd uh similar situation lot coverage uh F variants and 52 udica recently uh that's in an RA Zone much bigger house however bigger lot but that also got lot coverage variances for the building and also for the F uh the variance we're seeking is is a D4 variance uh and as such it's not a it's not a true use variance where whereby the use is not permitted clearly this is a residential uh residential neighborhood residential Zone uh but the uh the board's focus it needs to be whether the the site can accommodate uh any problems that would be associated with the proposed permitted use but with with a larger floor area than permitted by the ordinance and I would point to the fact that uh we're complying with all the bulk uh setbacks the front front setback side rear uh therefore we're uh I believe promoting one of the goals of the municipal land use law whereby um to provide U uh adequate uh air light and open space uh I think the ordinances are designed to provide that and we're complying with those uh setback requirements uh I believe that the variances uh will not substantially impair the the intent and purpose of the Zone plan or the master plan or the zoning ordinance and I would point out that the this lot is slightly undersized it's 9500 ft that uh exacerbates slightly the the variants being requested uh and clearly the uh the home is not uh outlandish in size it's a 38 57 squ ft of living building area uh plus the double car garage uh and by today's Edison standards that's certainly not a huge home uh I would also point to the fact that the the owners uh live here have lived here uh they they're established in the neighborhood they want to stay in the neighborhood uh but they uh they need more room for their family uh they both uh do a lot of work from home they need office space uh they both have parents that visit for extended periods of time uh so they want a bedroom on the main level to to be able to host them uh so I think uh with those facts in mind I would hope that the board could see bit to uh Grant this approval for uh the F and uh what I believe is not a uh significant uh light coverage variance I would also point out despite the fact that we're asking for coverage and lot coverage by building our total impervious is is significantly less than than is what is what is allowed for the Zone question is there any questions from the board I got to ask that one does the board have any questions Mr Fletcher yes Mr chair CH Mr flescher um would you agree that the lot size is non-conforming um given the zone existing Zone yes absolutely it's looking at we're 430t approximately square feet less um but the issue that I see is that we're asking we're asking to double the more than double the f um the square footage of the house um would it be safe to assume that if we were to keep that number lower by matching that number to the conforming lot which would be 10,000 square feet that would be a sufficient compromise uh that would be a reduction uh clearly uh but I would uh that that's not my decision to make okay the only issue that I'm seeing is here is that even if we say that the lot was conforming um you know it is we're the width is already n9t shorter than the other Lots if we were to say this lot was confirm conforming and even if this proposal was on a conforming lot we would still be seeking that F variance um so I would like to get that explanation on the hardship from the client in regards to that matter well this is not a hardship variance uh this is a D4 variance where we're seeking approval uh for an F uh variance the criteria for for that particular variance is that we need to prove that the uh lot can accommodate uh the proposed house and as I pointed out uh the lot is conforming with regards to the uh all the setbacks to the different property lines and the front property line uh you know to the traveling public uh it's going to be uh transparent to them they they they won't see it uh if if you could magically take 10 ft off the back of the house you couldn't notice that but you would be conforming perhaps so I don't see that uh I I don't see the purpose of trying to uh match uh the 40% of a 10,000 foot lot uh when the request that we're we have is is I I believe di Minimus uh and it suits the uh the clearly the the needs of this family okay I'm looking at it existing right now is f is 20% on the lot right now um required is required or allotted up allowed is 37% and we're seeking 44% and that's at 4301 square feet um so if it was a 10 10,000 foot lot we would be we wouldn't even be seeking a variance if the building proposed was 3700 square feet in this case we're proposing a building that's 4301 Square ft so again that 600 square ft is my concern um than thank you thank you Mr CH any other questions Mr Fletcher Mr chairman Vice chairman the basement um there's no bedrooms down in the basement there is not and there's no separate entrance to the basement no okay thank you any other questions for Mr Fletcher okay seeing none thank you Mr Fletcher Council I think we're good on our end so that's your case yep okay thank you all right so we'll now go out to the public anyone within 200 Fe of subject site wanted to be heard if you were within 200 feet you received the notice via certified mail seeing none anyone outside 200 feet want to be heard none can I get a motion to close the public portion motion to close second motion made by Mr CTO second by Mr chabra all in favor signify by saying I I oose nay the eyes have it public portion is now closed council do you have any summation I do not have any submission okay all right so we'll go to the board Mr chairman Vice chairman yes I like to make a motion to approve this application based on the the Minimus uh requirements the expert W the expert testimony meets the characteristics of the neighborhood and the master plan second motion made by Vice chairman o' Gorman second by Mr sedata roll call please Mr chabra no to the motion Mr Sero yes in the motion Mr Brown yes on the motion Mr Saha no to the motion Vice chair Gorman yes on a motion and chairman Kumba yes on a motion two three four it's a statutory denial okay have four yeses and two NOS on a motion to approve all right this case is denied Madam Secretary is there any other business come before the uh board this evening that'll be all this evening can I get a motion to adjourn motion to adjourn second motion made by Vice chairman ogorman second by Mr Sho all in favor signify by saying I I nay the eyes have it word stands a journ thank you everyone thank you for e e e e e e e e for