##VIDEO ID:YBVOHSuW6tI## uh I'd like to call the order of the um meeting uh regular meeting of the Mars Township Board of adjustment for September 23rd 2024 the uh notice requirements required by the open public meeting yet has been satisfied and a certification acknowledging the same will be executed uh please join me in the cible of United States America for it stands one nation God indivisible Please Mr goldber here Mr here Mr William here Mr V here here W hereiam you did Mr oler here Mr here m l here and Santiago here first uh matters on the agenda are the consideration of the uh minutes for the regular meeting of May 20th 2024 has everyone read the minutes and is there any comments if not I will motion to approve the minutes second all in favor I I all oppos okay next is the uh minute for the meeting of June 24th 2024 um any comments if not I'll entertain a motion so move have a second second okay all in favor I all opposed abstain thank you next is um resolution for ba- 7-24 Mr thank you Mr chairman this is a memorializing resolution with ECT to the application filed by Donna and Edmund Leo who applied to the board for permission to modify an existing non-conforming dwelling by constructing a one-story Edition um requiring sidey yard setback combined sidey yard and expansion of a non-conforming structure for the reasons uh set forth in the resolution that application was granted with our um Regular conditions any comments on the resolution if not I'll entertain a motion so move second sanago roll call Mr goldber yes Mr Tren yes Mr Williams yes M Simmons yes Mr yes so MO next is a resolution regarding application ba-10 d24 Mr again a memorializing resolution with respect to the application filed by uh Sher and Rochelle Landa who applied to the board for permission to rebuild and expand the fire damaged home on a corner lot required variances for front yard setback um to both Lake Valley Road and Lake Road side yard setback combined sidey yard rear yard setback an expansion of a non of a preexisting non-conforming structure and again uh for the reason set forth in the resolution that application was conditionally granted with our standard conditions as well as conditions indicating that prior to the issuance of building permits the applicant shall amend the plan to relocate the proposed air conditioning condenser units to under the deck to eliminate the need for any variance relief for those also that all fences shall be relocated and be compliant with all zoning requirements and no fencing shall obscure the required line of sight at the corner of Lake Road and Lake Valley Road and finally that upon completion and prior to the issuance of a CO the applicant shall provide an as built survey and um shall recalculate the height of the building to establish that the height is compliant with the Zone requirement board members any comments if not U I'll entertain a motion move second Mr cheber yes Mr Williams yes Mr Simmons yes Mr yes Mr goldber yes so next resolution is ba- 11-24 once again again a memorializing resolution with respect to the application filed by Christine Walton um who applied to the board for permission to construct the playground area creating a front yard setback from Woodland Avenue um of 3 feet where a minimum setback of 50 ft is required a combined side yard of six feet where 50 feet is required and to maintain two sheds on the property where only one is permitted um and to maintain one shed at three feet off the sidey yard instead of the required five feet at properties at 22 Concord Lane in the ra15 zone and for the reasons set forth in the resolution that application was conditionally granted with our standard conditions Lord members any comments if not a motion so moved second thank you m [Music] sanago Jack denber yes Mr Williams yes M Simmons yes Mr benois yes Mr goldber yes so final resolution is for ba-1 D21 Mr rer thank you Mr chairman again a memorializing resolution with respect to the application filed by SK Mount kemell um the applicant had previously appi applied to the board for preliminary and final site plan approval and for use uh use variance approval for property at 350 Mount kemell Avenue in order to permit the installation of driveway improvements for access to an inclusionary uh Community um to be built and Harding that uh the application was to request a one-year extension of of that board's of this board's approval um applicant showing that they could not obtain those approvals due to delays um emanating through the D and for the reason set forth in the resolution that application was granted extending the um approval now through September 24 of 2025 okay board members any comments if not I'll late a motion move second thank you m Santiago Mr yes Mr Williams yes Mr yes Mr yes goldber yes next we're going to move on to the public hearings um we skip down to uh ca-1 17-23 for 40 Spring Brook Road Mr so again Mr chairman the applicants attorney advises us that the applicant was at town and requested that the matter be adjourned to the October 28th um hearing date okay so any members of the public that are here on the application of Mr Ying for Block 6503 L 54 40 Springs up road that uh matter has been a jerk all right and son are we okay with the October 28th date yes we are okay okay yes so so for purposes of uh any public with respect to this application it's being adjourned to October 28th without further notice from the applicant the applicant has granted extension of a board action till November 30th of 2024 so so next matter would be da- 8-24 in sanago yes Mr chairman next application C c824 Richard landerman lot 302 lot 4344 wood La Drive in the r825 zone for Section D applicant proposes a minor subdivision to create an additional lot intensifying and non-conforming condition for two principal structure exist on one of the two Lots triggering at the two BS okay coun repair my name is Dory Bine haacker my office is a 20 South Street in marown gentleman to my right is the occupant and owner in the applicate Richard and we also have President Jess Simmons from Boswell engineering tonight if you have any questions okay may proceed well the proper the application is made with the um two points that should be brought out first that there's no construction being done here there was a site plan approval unanimously in moristown the property is Jason to marown to been moristown and as a result of that there's a um a minor creation of a deficiency in a lot size and that necessitates our appearance today but there's no construction that's being done on that property okay in Mor Township in mois Township correct so why don't to uh have your client explain what exactly is uh he proposes to do engineer well your case however whoever's going to testify first I know he'll testify you want I do would you stand please raise your right hand do you solemly swear that the testimony you will give to this board will be the truth the whole truth and nothing but the truth so help you out thank you Mr landman you live at the property of 44 Woodland yes and you own it and you live there correct yes okay and um did you apply to the town of marown for your s plan approval yes I do and did you receive unanimous approval yes we did and is the time limit expire for any appeal of that it was passed a while ago sorry I'm sorry and it was passed a while ago it was passed last year last year um can you tell the members of the board as to actually what the approval is for in Morristown the approval in Morristown is to insert a line between the properties and create a new individual lot which a new home can be built on uh we've already presented a home which would be built on the Morris Town portion of the property the backyard which is essentially a a stub of the uh the property is borders into Morris Township and that area is undevelopable and it's currently going to be it is a garden to my existing lot and it would be a garden to the new house and what is the existing structure on the moris township property the existing house on moris Township uh the house the garage of the existing structure of the main house uh borders onto Morris Township and then there's also an accessory structure I didn't know that that was being considered an individual second home uh but that accessory structure which is sort of uh either a guest house or a garage but that one was built in the 1950s and has been there and used as special needs house or we've been using it for guest housing as well have nothing further unless there's any questions there there will be yes so said that there's not going to be any development on any additional development in the Morris Township correct and do you know when in 1950s this house this second House was built the house is actually pretty interesting estate because it had all of the Bri were from the original House in the 1850s and then they built a new house in the 1950s on top of it so okay that's the main D what about the smaller structure that one I thought was built in the 50s as a garage I'm not sure what I know that his daughter lived there I I do you know when it was converted over to like D I know that his daughter had lived there for most of her adult life and she was a special need the family owned it two or three generations so I don't really know of that okay and when did you acquire T 2018 so what's the um so right now you just use that as a guest house is that correct the uh back to the small one I'm not concerned the I'm not concerned with the main house yeah that's just a small guest house it's it's got a small kitchen at it's got a bathroom it's got the same utilities as the house is essentially I thought it was an accessory structure or a bedroom I was told to treat it like a basement to my house I I I don't think anybody would want to live there year round thank you right any other board members with questions just clarification so that guest house is the guest house is in Morris Township the existing home is primarily in Morris Town the new home will be entirely in Morris Town and the only portion of the new property that will be tach will be undevelopable because of steep FL or whatever reason the join show that the house will be entirely with more them so the only structure right now in the township is the accessory accessory structure yeah okay any other board members with questions just a clarifying question um on the I guess the Mars toown application and it indicated that um their board planner indicated that the one story structure on the property located in Morris Township was occasionally used as an Airbnb um is that that's not being considered in the future is that correct they told me I was needed to have either a longer term lease like a three six month or something a longer term rental which there's numbers of different ways I can put people in there and and that and that property and so that just so I clear that that structure isn't in the township that structure is in the township okay thank only in the township it's not in the thank you very much so are you agreeing that there'll be no short-term rentals in that structure I mean if there's a code that requires that as a restriction I'm happy to oblige by that I think I mean we manage it as a five-star property we've had no complaints and got plenty of parking and opportunity to manage it appropriately so okay because before you said it was a guest house meaning guests of the main house well we have guests of our family we also have opportunities to rent it as well okay what are the requirements for an Airbnb in Mars Township what are the requirements for an Airbnb in Mars Township if you if you know have you done any research you know I wasn't aware there was any restriction to it we don't have an ordinance at the present time to prohibit it but because of Resident complaints uh I try to stop them from occurring uh and suggest that they go for a longterm over six Monon uh lease or rental on the properties so there's nothing at the present time nothing at the present time but something is in the works so again are you agreeing to only enter into leases of um six months or longer I can do that okay as a condition to an approval sure all right Mr chair yes Mr um so if I understand correctly there is no intention to construct any do any construction or renovation to the property this is just to set the variance the existing structures stay as they are and then on the new property I have a plan to build an entirely new house that could be either sold or rented but that's on the marst toown side not on the Mars Township side okay which we have approval understood and for each of the New Lots being created in Mars Township um as like lot 4302 is related to rot 30 in Mar that correct 432 is where the garden is backyard of BU houses right but that's not the question um the the lot that you want build a new house on in marown is lot 3.02 on the marown tax I think so I didn't file the application so I'm not I don't know if the top of my head we have the engineer here with the pl and we could show them to you right well my my question Mr berer is that uh the the app agreed to a condition that the lot 43 2 which is where the garden is now if I understand correctly 542 to this 302 the new house be I'm sorry sir right 302 is where the new house and the one in Mars Township right behind up it is 4302 is that correct correct would you agree that those lots cannot be sold separately that they would have to be sold as a unit exactly okay and the same for the other two lots correct okay I think the lot in the back is landlocked right but still it's it's it's protected as a g it would never be used for anything well I'm just saying we want that included in the resolution because you know there nothing that s off the neighbor so des and then he got a very new dwell would be right on the one so that's why I'm making that uh I can't imagine that first of all you never put a shovel in that slope you would you would violate every sleep so steep slope disturbance rule it's not a flat piece of land that's all right yeah sometimes people want to buy things it was my impression to have two lots that could be right but they be they can't the one cannot be sold separate from the other I consider that one lock at okay board members any other questions as I said we have the engineer here with the plans if there's any just one any members of the public uh with any questions in the ACT yes you move up to the microphone state your name address pleas St well right now there questions questions I yeah we didn't get there yet no questions I don't I don't understand it enough to have a question by the statement okay statement any other uh member of the public with a question this witness if not close the public portion we're gonna get there she she was going to come up and ask something but it's really a statement we're going to do statements later next witness just some minutes raise your right hand please you Solly swear that the testimony you will give to this board will be the truth the whole truth and nothing but the truth so help you God and your full name for the record please Jess Simons s y m o thank you Mr Simons Mr Simons can tell us what your profession is professional engineer LIC in state New Jersey I work engineering I've been a professional engineer for 40 years um I've testified multiple for of Jus ATS presently I sit on Randol as engineer and Roxberry myself and before we Boswell I was engineering Liberty Township part time Chester Township in full time Scott your license is intact yes it is accept it with any professional engineer thank you Mr I represent to you that the plans that you possess have been given to the board and that the plans that you possess can keep your you need to speak I'm sorry I apologize I represent to you that the plans that you possess were copies of the plans that I have presented to the board um have you reviewed those plans yes I have and did they accurately reflect um what was approved by the township of moris town yes okay and town of moristown I'm sorry and um as a result of that approval is there anything that's going to be constructed on the property located in a Township of Mars no and are you familiar with the site have you visited it yes I have and are you familiar with can you tell us generally the Topography of the land that's located in Mars Township yeah basically the area that's in nor Township is steep slopes it's the rear property that really course of it's included because uh we needed that area to make conforming lot in Mor town and um is the property in your opinion uh able to be built upon in the town of not and is the property in mors Township land un locked is there road access to it and can you basically describe what structure is on there now trees inard sorry trees in a garden and um what about you heard Mr L testify as to a guest house that's my understanding and where's that located that's to the rear and left of his dwelling okay and is that the township of uh mors yes it is okay I have no further questions can we just review what variances you're seeking tonight I understand that we're required there's a there's a schedule I know on one of the think it's page three5 I understand that the um there's a schedule where I'm sorry three of explain to us on your plans C of five refer to C of five referred three or five can you tell us what variances are being sought yes um 9772 is proposed that's for 4301 yes and then 4302 um 7889 squ ft proposed um minimum lot width 100 ft is required lot 4301 92.2 is proposed and lot 43.2 6895 ft propos um minimum lot depth required uh 74.9 7 ft is proposed for plot 43.019609 uh there's no front yard proposed on lot 43.020839 yard required 20 ft uh zero existing unlock uh 43.019609 L 3.01 is that correct yes okay so it has nothing to do with being closed to a road no no it's just up against property up Township Line it's against the Township Line This and all those um 8.8 ft to 0t or 16.7 ft all pertain to the one story structure of the back of that's correct it's a off of log View Place it's a 8.8 ft and then off the rear property line is 16.7 ft and there's also a D2 variance right yes yes that's why we're here as a result of the non-conform of the size of the lot I'm told we needed a T2 variance no was to have two dwelling structures on one lot it's an INT it's a residential neighbor a residential Zone however there a Prohibition against that two principal dwellings so uh portion of the existing house extends into the um Mars Township portion of the property and the then the second structure would be the on story block block structure that was a guest house or now possi your long-term rent so that was what the use Vari for right and you're intensifying that by making a lot smaller so that's why it's a D2 the granting of this variance won't in any way um aggravate the uh conditions as far as the proximity long gr place that or require an intensification the use on that line is that correct no it won't any other questions from board members yes Mr chair sure as part of this entire project is there the expectation that there would be any Landscaping on the part of the property that sits in the Mars Township side that's B there's basically a few trees up there now so yeah I think on two of two or five it shows trees property isure lot there are it is heavily wooded and protected that okay we did have some dead trees that we had to remove we got all the permits from Mor town that we needed to remove those and no addition trees that have to be removed and we definitely I I've restored the entire state with Lush Gardens and lots of plants so I intend to continue to do that okay but no trees um have been removed on the Mars Township part of the property okay and just to um just again for my confirmation there's no way to access that back structure from The Long View Place Road because of the wooded area that because of the Hill it's actually carved into the hill so you don't even see it from the street you're coming down you're looking down on the roof theage any other board members of questions uh just a question and clarification on the proposed lot 3.02 the where the the new house is to be built in Mar and the is that a retaining wall in the rear that looks like you shouldn't need one but they put one in there just in case but we'll do whatever the town requires us to comply with any Cod and ordinances if there were requirements for that so the intention is not to construct the wall That's depicted on the plan unless if if it if it's there we if if we need to put a a retaining wall I don't think that area needs a retaining wall but they put one in there just because of this topography on the map and that is on the township side right yes may I ask you to please get closer to the microphone thank you okay sorry thank you for clarifying okay um else board M question um any other board members with questions if not any members of the public with questions um anything else no any uh any members of the public wish to make any comments at this time pleas step up to the microphone hi thank you for the opportunity um my name is Janelle Tong I'm a neighbor and um I live at seven Hillside Terrace in the township and Miss Tong can you spell your last name please T like Tom o n like Nancy g a y and my first name is Janelle j a n l you seven seven Hillside Terrace okay would you raise your right hand please do you solemnly swear that any statements you give to this board will be the truth the whole truth and nothing but the truth so help you back they do thank you ma' it's really just an emotional statement so um I know it's important to get along with my neighbors and I do feel very uncomfortable speaking out and disagreeing with their plans but at the same time I also feel the need to stand up and speak for this little piece of property I've lived in Sherman Park for 37 years I've walked past this property probably every day for the past 37 years it's an old established neighborhood with modest homes beautiful tall trees and pieces of untouched land which give it its special character it's a short statement less than two minutes Mr um landerman is fortunate to have bought one of the most beautiful properties there but when he moved in he made some to me that were objectionable changes to it such as cutting down many old trees putting in a pool and a large intrusive fence and most problematical was bulldozing the space he hopes to build on some people might think that squeezing a new building into this area will boost their home values I find more value in open space trees and the bit of Flora we still have left these are the natural gifts that add value to our homes and lives that give our neighborhood a feeling of peace and naturalness Mr landerman suggested to me a while ago that having a high-end rental in the neighborhood would be good for everyone I don't agree I think fundamentally it would be good for Mr landerman I get it we all want to make money but do we have to see every piece of undeveloped land as a business opportunity I'm asking the planning board to safeguard this unique neighborhood from this and future attempts to use variances to destroy what little open space we have remaining please vote to protect the integrity and quality of life of our neighborhood again I'm sorry to be against my neighbors I they have really taken care of the property in a way and made it very beautiful but um that's I'm it's just very upsetting to to see this piece of property being being raised thank you thank you I had a question of our engineer um is there any requirements on that wall uh retaining wall that we discussing we would ask uh for a land grading and disturbance uh permit application to be submitted for that because the way our ordinance reads it's 2500 Square ft of total disturbance or the placement of a retaining wall so the wall is proposed if it's not needed they don't have to send us uh an application and fee for a review if it is then we're going to request that a uh application be submitted and approved we've been advised of that thank [Applause] my thoughts on this are that with the condition that they cannot sell the mar township lots without the coinciding mar Town lots that this application be approved um it's been approved in Maran it will create a new lot and will not uh impact the steep slopes towards the rear of the property and I can't see anything that would uh prevent this uh various variances to be approved the D2 Varian is merely because there's an existing uh small structure uh near Long Long place it's been there for the last 70 almost 70 years so I to approve it I like to hear comments from everybody else well I'd like Mr chair I'd like to ask Mr Ola whether or not we have jurisdiction if we can say I'm sorry I'm sorry I'd like to ask ol if we even have jurisdiction to restrict uh the property based on the marown property and Mr chair said hey we can't with the Restriction that we he can only sell it if it's go marst down property but we have no jurisdiction in the future whether or not well it's not jurisdictional it's I think we have an agreement from the applicant that he wouldn't sell for example 4302 without selling 302 because they're part of the same development scheme um and 4302 in the township by itself would be unbuildable because of its um topographical condition right so so I think the applicant recognizes that and agrees that he would not sell the morrist town lot without its corresponding Morris Township lot do we agree yeah and all the services and everything have been Consolidated the taxes I don't pay taxes to Morris Township I only pay them to Morris Town right that then the same will be true with 3.02 because that's where the house is okay so I guess my comment is a little bit along the lines of Mr Williams and um and also in response uh to the neighbors comments um because the majority of this property rests in another municipality and there's this tiny piece that exists on the marst township side and marown has already rendered their decision to make these improvements to the property at the request of the applicant and so just because there's this sliver of that property that rests uh on our side um you're you're being obligated to come before us and so it's almost as if do we have the right to deny whatever he's asking us to do because Morristown has already approved the larger part of the project so the fact that Morris toown has approved the the subdivision of the morrist Town lot and remember there's a morrist town lot and there's a Morris Township lot right so they've already have an approval for the Morris Town side of the lot and now they're look trying to get the approval for the Morris Township lot but the fact that Morris Town approved their part of the subdivision really has no bearing other than informational purposes to tell us that it's been approved they're kind of uh I don't want to say they're the controlling town in this instance but the the houses are in Morris Town which is probably why they went there first because if they couldn't get Morris Town to agree to have another lot in the town it wouldn't bother coming here right so um it's it's evident that it occurred um they do need this board's approval to finalize it otherwise it's just you know it's like it's just dangling in the back literally of these Lots so that's why they they need our approval to complete that subdivision line right thanks for that explanation Mr oler and and again I want to acknowledge your your comments because you know you're saying could we just preserve the open space but marown has already made the decision to allow them to do what they have asked to do so I see no reason for us not to to move forward with approving the application just just a further comment I I recall about three years ago we had an application with Harding Township off of Mount kemell Avenue and and they had the controlling piece of property let's say and you know after much conversation we ended up you know going with their plan but I just think that um the board members who weren't on the board need to be aware of that but yeah I think that um if we have jurisdiction I think that there's no reason why we should hold this up move forward with it yeah there's no question this board has jurisdiction over it so then I you know I would make that motion or a second the chair's motion no I haven't made a motion I I just said I would vote to approve if I not made a motion making a motion just one clarify question though on the the long-term rental aspect of the structure in Mars Township so by way of agreement with the applicant he's agreed to um limit any leasing on that building to terms of at least six months correct a yes correct correct Okay so we've got the motion may we have a second I'll than any any questions any comments from professionals no no I'll second Mr Williams motion okay Mr Ben seconded the motion um not have a roll call please gold yes M Simmons yes Mr Williams yes Mr Ben yes Mr Traen yes yes thank you thank you [Applause] one I okay next matter is um P94 excuse me one second thank you all right thank you why me just give her a second the and they're very entertaining to go back and watch the best are you Mr Saxon though you may as well start working your way up yeah yes application is c924 John block 10134 34 West Handover Avenue the R7 for section c applicant proposes to convert part of the existing detach garage into an office SP with the bathroom so Mr Saxon before we start would you stand and raise your hand please do you somly swear that the testimony you will give to this board will be the truth the whole truth and nothing but the truth so help you got yes thank you you may proceed tell us why you're here and what you want and why you're should we should hello board yes uh yes my name is John Saxon I live at 34 West tenover Avenue um and like the secretary said um I'd like to convert part of my detached garage into a home office space uh the bathroom um my wife and I work from home uh we currently have limited space and very small children uh and so having some additional space for work um would certainly be beneficial for us so want don't to describe your uh red that currently exists yeah sure it's a single family home um it uh has a so it's it's four bedrooms um and one of those bedrooms is an office currently uh which I use uh for work um my wife recently moved into a new job and she is now also working from home um and so um there's limited space in our home it's a very old home it was built into I think 1890 or so um and so there's limited space there um we also have two small children a 5-year-old and a 2-year-old as well um and so as you can imagine um working from home after they get home from school is quite challenging as well um so the the home sits in front of the uh property there um and then right behind the house maybe I don't know 50 feet or so um is the garage um it has two ports uh there's a left side port and a right side port Port uh it's currently used for storage mostly um it also has a upstairs on the left side it's more of like a attic space and it's also for storage on the left side um and so the proposal is for the right side which is only one story um it's about 20 feet long going back and about 11 feet wide um and so the plan is to remove um the garage door replace that with a wall install a door and then really just finish off the inside um and have that as a home office um and then the backside um would also be a bathroom as well there's not going to be any uh kitchen facilities or anything like that no kitchen facility that maybe a coffee pot definitely a coffee pot yeah is it currently um has electricity it does have electricity what about Plumbing it does not have Plumbing so you have to run the plumbing Lin back there yes okay now I see on the plant it says on the um survey it says the rear of theing it says one story existing Second Story proposed what's that on a survey right here right behind oh yeah so that was the survey that I took before I put the Second Story on my house and so that is from um just before I did an addition on my house which I also got the permits for Etc in 2018 I believe it was okay yeah and so that work was already completed it's not part of this uh application so uh currently you don't have Park any put any cars in that is uh corre I don't I could but I don't I just use it for storage because I don't have a lot of storage space okay yeah and the storage space that the storage that's in the uh right side of this structure where's that going to go I'm G to kind of Shuffle it over to the left and perhaps I might come back to you guys for a shed a little bit further back eventually but I don't know um all right so there's no kitchen no sleeping area just an office and a bathroom yeah and it's for personal use only okay not going to read it out anybody absolutely not no board members any any questions yes Mr chair um so two and fivey olds good luck with that um the bathroom that you're proposing at least the plans that we have on the home office layout um that we received on July 12th shows a shower can you explain to us why you would want a shower not just um a toilet and a sink we figure with our growing family having an extra bathroom in the house would be beneficial um I have a daughter and a son and I anticipate that as my daughter grows up and obviously my wife um you know I think the bathroom space will become limited in our home and so I think having an additional bathroom would be helpful so you currently have only one bathroom in in the the main structure two you have two yeah two bathrooms okay and they're two full bathrooms or is it one and a half yeah two full two full and there's no plans right now to just thinking again into the future about potentially converting even that half of that garage to a a more livable space no any other questions board members Mr chair just a qu quick question there's no out outdoor lighting to the garage right um there is a light that hangs over the door that goes in the garage it sits like in the middle of the garage and it's just like a lamp that goes overhead there no additional lighting affecting any neighbors or anything like no no no yeah essentially there's no changes on the outside of the structure except for the wall which would replace the garage door and then an additional door going into the office space so on your original application you know your application said to convert part of detached garage to home office with halfbath and then you submitted this plan with the shower so I guess after you submitted the application you thought about a shower I did yeah so initially I was thinking half bath and I said well if we're running the plumbing already out there I think it would make sense if we kind of you know take care of the full project all at once um instead of starting with a half bath and then trying to expand that later so a quick question is there an above ground pool on there is not anymore there's no long about ground pool that is long since rusted and retired yep any questions just that the uh sewer connection for the shower and the bathroom have to come back to the house and go through the house pluming out to the Sewer M out in the street right so if the pump is required or whatever I it it's going to require building permits um for the conversion it's going to require electrical permits for the additional lighting and it's going to require Plumbing permits for bathroom right and now they will require a service lateral back to the uh the building and that's because you can only have one tie into the main in the street yeah and that would be even if he planned not to have a shower he'd still have to have that if you just had a toilet yes he' still have to pump to the house yeah uh if if you pay if you remember um any of these outdoor kitchens that we've approved the building department wants the sink in the outdoor kitchen to be tied into the plumbing in the house even if it requires P so this no different than this it's an um out building and the sewer and the water have to come from the house how's it going to be heated so my plan is to get one of the wall units that's a hybrid for AC as well as heating so it would just be like an electrical unit like a standalone unit essentially it's a small space so I figure it could handle it that would be fun that's pretty popular yeah pretty popular then would you need condenser no it's built in oh you they call them suitcase uh air conditioners it's a little one it's only like two foot by two foot or foot and it sits on cinder blocks outside the building and piping goes up and your main head is inside the house and it acts as either a heat pump or an air conditioner do we need to proove the location of that no because it's considered an appliance and as long as they put it on the on the right side of the garage or on the back of the garage we're fine with it location really isn't all that important to be approved on this well there is a there is another there's another dwelling literally right next door to it right so the preference would be then to not put it on that side of the building I would absolutely not put it on that side yeah no there's not AB okay we other a question from board members or professionals and members of the public if not I'll make a motion on this uh application I'll make a motion that we approve this application with any restrictions I don't believe we have any have a second second yeah just to review though the condition is that the water and sewer would be tied in back through the house right so there's only one tie in uh there'll be no kitchen in the facility no sleeping area in the facility and it will not be for rent right yes all right those conditions the motion stands yes second second roll call Mr Gold yes Mr dra yes Mr Williams yes M Simmons yes Mr Ben yes okay we will have that for you at the next meeting okay all right thank you very much okay next is uh review of the proposed calendar for [Music] 2025 [Laughter] okay I said that with and went over the uh the holidays and all that and these are the DAT that I came up but I have September 22nd highlighted okay because Russia sh is that Tuesday and normally it's observed the night before would that be a problem for this board having our meeting on September 22nd or you want me to move it through the 29th through the 29th I I would think moving it to the 29th would be preferable we could also affect applicants and potential expert Witnesses so and attorney so i' got Mo that is that okay with everybody thank you very much that's how you're the chair thank you I appreciate it you know I started early because I have to turn in my leading dates by the end of October you want to get the room first it's permanently Monday and plus you right on September the 29th I want to be the first one to get that one right thank you okay thank you so much everyone thank you sen next matter is a uh resolution 20 24-1 amending our bylaws uh to require um any applican or any objector to provide a a written uh report of a professional planner at least 10 days before the date of the hearing in which the professional planner is anticipated to testify and the reason for this is so many times planners get up and they start rattling things off quickly and it's hard to you know correlate what they're saying with what has been put into the application so that people have a hard time formulating questions uh in response to the planner testimony it also give the public a better chance to understand what is going on and what plan say because they can read it ahead time and the same thing would behold true for any objective professional plan couldn't agree more absolutely given the most recent cases that we've had and I think we' keep scheduling them because people are not prepared having all of this in advance would be really helpful so does that also align with what the planning board does or are they I don't really know what the planning board does da do you or well Sonia oh well you should know made this comment before right because you're sitting there for three or four meetings and planner gets out and you're trying to assimilate what was open previous testimony the planner saying now it's impossible to do so I really support that I'm we can just plan and Mr Tobias just did a report for um we got one another day for yes SWOT for SWOT yeah I really appreciate being yeah yeah that line up with what do you say to what is in the plans exactly trying to do then we can ask a professional right they better read it [Laughter] too so so I just want to point out in this resolution I also added that um you know in the event of a use variance they would have to provide a shorthand court reporter right I tonight because we've been requiring that but it's nowhere in our bylaw so when someone said if someone were to say I'm not going to do it we you know had no authority to impose that requirement but now you would okay and also in looking at where I was going to put this in your bylaws I realized your bylaws are like s from 2010 or something so they they're like pretty old I I would suggest I uh kind of review that and maybe just take a a look at those right I think we did that the planning board a few years ago we did the planning board last year this year this year that was this year this year January we've been doing it on a yearly basis oh okay okay yeah I don't know if we have to do it every year but but you know unless something changes that we think we need to do that for but in this case we should definitely take a look yeah if you want to them we all take a look and yeah okay and then I I was going to redraft them because they're a little old in thinking of them you know so yeah give you a new draft to look at great okay so on this present resolution how do we wait I have a question sure so does this apply like in that last um slot thing we had the guy present for the opposition if you will so this would apply and we and we never got that that report right so this would apply for them as well as corre people looking and if you remember he said oh I didn't really want to give you report in advance right we said well you know we want it in advance yeah but I don't want to give it to you so now you have it in your rules we could have said to him you know we're not going to hear you until we have it right okay you know in a way though of course that kind of plays into the applic the objector hands a bit because you know they want to delay it as long as they can so it's like oh if I get an extra month out of it you know but and I don't think I would ever tell you to just say oh you can't present testimony right that get kicked back to us again so so you know it's there but you know let's say I um how that gets gets handled do we need to clarify in that statement about the providing the certified stenographer that it's at the expense of the applicant do we need to clarify that it says the applicant shall provide exactly that's all it says so I could say at the expense of the applicant that's what I would think but people sometimes yeah you can put that in I said we we hired one who's paying yeah and do we have a commitment for to get the transcripts from that last well you're talking about I tomorrow right right but they could send them you know we're meeting on Monday they might send them Friday at 4M right but well it's usually different good okay okay and right when I ask for them they send it to me if they have it they send it to me right away so what's the okay so what I was going to propose is just at the end of that first sentence after it says you have to do these things just comma all at the expense of the applicant okay so there's no question great okay how do we have to vote to just just by voice acclamation yes okay all in favor of approving resolution 20241 any oppos no mo resolution pass all right Sonia I'll make that change and send it over to you tomorrow okay all right uh any other matters that we have to discuss did we uh confirm um the next meeting is going to be next Monday oh yes next Monday is I can't come okay I'm gonna miss it I know I will so how many board members will we have next Monday uh because we could finish next Monday six okay so they may not want us to vote right if I were them I wouldn't I would I would want all seven people voting so there'll be a transcript that you'll get to read or you get to watch the tapes now so yeah literally go to the vide tape I got one more I got one more thing with that um that landerman case that we had um and to talk about small term rentals uh planning board engineer uh Tim Quinn um uh planning board attorney Tim Quinn Jim slate myself we put together uh a revision to the ordinance making a new chapter called short-term rental and it's it got finished today uh with uh provisions and uh it's probably going to go to uh Township committee as soon as it can so it gets wrapped up this year the 180 days that were six months that was spoken about is really 175 days it really doesn't mean anything and the only reason it's 175 instead of 180 is case law elsewhere in the state that defined what uh short-term rental was so um in any event it'll it'll be an ordinance hopefully by the end of the year that way I can issue summonses instead of trying to deal with just a homeowner that are doing uh airbnbs but it's gotten out that I've been enforcing uh a non-air BNB environment in the town so people aren't doing anything right so the so the proposed ordinance is going to say that any lease needs to be for1 75 days or yeah yes yes is there a lot of them uh there was a lot I've shut quite a few down and ironically a majority of the airbnbs are in the townhouse developments Rose Arbor uh the most and uh those people um the five or six that I've dealt with in there um they work in the city during the week and they have an apartment in the city they only come out to the country on weekends so they're Airbnb in it Monday through Friday once I got a hold and figured out what was going on I just put him in touch with the the homeowners association the homeowners association shut them down yeah it's already in their documents for sure yeah yeah but a couple of them throughout town uh have gotten away from Airbnb and just gone to longterm [Music] so anything else if not tojn so move second all in favor