e e e e e e e e e e e e I'd like to start the meeting please rise pledge allegiance to the flag the United States of America to the naice please be seated good evening everyone welcome Township of Oldbridge Zoning Board of adjustment regular meeting June 20 24 it's also first day of summer welcome to Summer everyone adequate notice of this meeting of the Albridge Township Zoning Board of adjustment has been provided in accordance with the open public meetings act at least 48 hours prior to the commencement of this meeting by prominently posting in the municipal complex an announcement giving the time the date the Lo the location and the agenda of this meeting mailing such announcement to the home news and Tribune filing such uh copy of such announcement with the municipal clerk and posting the agenda on the municipal website Miss secretary uh uh Miss Vice secretary could we have a roll call please sure miss Andrews present Miss Chevalier here Mr ISO here Mr scagno here Mr Stoner chairman Sullivan here miss test I'm sorry present okay uh just a couple housekeeping items uh this meeting is being televised on cable TV channel 15 here in Albridge Township uh simultaneously it is being recorded and played on YouTube live so if you ever want to reflect back on the meeting you can find this meeting on YouTube I'm going to wait one second other member of the board is coming forward uh to those tonight there's a lot of uh what I what we would call homeowner issues tonight there's only one commercial issue to make it simpler for you to understand the homeowner issues um most of you aren't going to be represented so you're going to be presenting your own application so I'm going to when you hear me talk to the first one you're going to learn real quick how to do this so it's kind of pretty much it's your application you're going to tell the board why you're here what's the reason what you're trying to accomplish it's very simple it'll go back and forth we'll make it as less uh Least Complicated as possible however this is a quas judicial process in which certain proofs have to be put on the record the man seating to my right your left is an attorney he's here for the purpose of making sure that the board conforms to the law so again he's not here to represent you but I I may ask him at times to try and prod you so it's not in a bad way it would probably be in a beneficial way so having said that uh that would be all I need to tell you now we do have a lot of homeowner issues on tonight so I think we can fit them all in I'm hoping we will I think only one of them is off on the agenda so we have one applications commercial uh it's going to be very quick uh it was for a vote we'll see how that goes this evening uh I'll move to the agenda now number three is minutes minutes of uh June 6 board 2024 hopefully everybody had a chance to look at them absent any comments or questions or uh deletions or additions please someone moving for adoption move it Mr Mr scagno and move it M testy roll call please miss Andrews yes Miss Chevalier yes Mr ISO yes Mr scagno yes Mr Stoner yes Miss testy yes chairman Sullivan yes we have one resolution this evening it's 39- 223z jcpnl major preliminary final site plan with d variant Mr Clancy thank you Mr chairman this was uh heard at our our last meeting back uh two weeks ago this is for 1345 Englishtown Road uh 2600 lot 1.11 this was expansion of a non-conforming use this was the one we heard where was an underground tank they're going to dig it up put a new one in above ground they needed some relief for that there was a D2 uh use variance for expanding that non-conforming uh use and also a couple bulk variances related to landscape U area ratio minimum buffer along the RightWay and the minimum sidey yard setback um the board did vote on this and did approve it it is on for approval tonight night um other than the typical uh requirements that we or conditions that we see with this they're going to work with the township planner regarding installation of Trees and Landscaping to minimize some of the impact of that and also to limit the lighting spill over onto any neighboring properties so this is uh ready to be moved thank you Mr Clancy board memb someone move this for adoption Andrews move it is there a second test seconds roll call please miss Andrews yes Miss Chevalier yes Mr yes Mr scagno yes Mr Stoner yes Miss test yes chairman Sullivan yes all right that is uh it for that we're going to move to Applications the first one we have 50-h 2023 Z this is a continuation It's All American Ford uh seeking major preliminary F sight plan with a d variant Peter Claus are representing sir I will say that there's another member of the board that joined this evening Mr Rizo um I would like to excuse my yourself from you going to reuse yourself sir okay you have a conflict yes okay you can step down thank you I'm sorry Mr clauser no no thank you so we were here last month we didn't have enough we didn't have you had a quorum you had enough board members but you know because it requires a super majority there aren't enough I I believe we have six voting members now this evening um I just would wonder if we could get on the record uh Mr chair and Mr Clancy that all the board members that weren't here at periodic different times have reviewed the transcripts and have signed their certifications we have a an issue in another matter where the judge is making a big deal that that wasn't clear on the record so I just want to get that on the record Mr pelli is that the case I'm sorry do we have signed certificates that anybody that wasn't here for any of the yes I do okay all right I just wanted to get that on it's nothing that this board hasn't done correctly but I understand a judge in another matter started making a big deal about it so I just want to get it clear on the record Mr clauser I did see those certificates I have signed them prior to uh this being presented tonight okay so I'd like to say a couple things and I'd like to move forward I think it's a it's a good application it's a good board and um so you have uh a business that's been in town for quite some time we expect that they're going to be in town for quite a more quite quite a longer time um there's an existing piece of property which is available for purchase which is the subject to the application it's presently being operated in a non-conforming matter by others not by us um the applicant is proposing to take over that property create a parking storage area for the dealership uh and in doing so secure approvals and permits some of which we already have from the D to protect the wetlands that are in that area not to build in any of those Wetlands so you have your business owner it's going to take over a non-conforming property make it conforming put some regulation on it take some control over the wetlands you know and and make sure that they're protected and then next you have an applicant who initially proposed not only the parking storage area but also a service facility on an existing lot that's that's there that's that's owned by All American but during the course of the hearings we heard some concerns from both the board and the neighbors specifically I think mostly about the impacts um not only to the neighbors but the increased trips uh that would be created on Old um Amboy Road and hearing that um the applicant uh removed that facility from the property and is only having the parking area and more importantly um switch the type of cars that would be parked in the parking area a lot of the trips that were generated were trips for the um vehicles that are under repair would have to be going back and forth and we heard numbers that there could be a 100 trips a day and that was significantly reduced um to five or 10 was was in the testimony so severely lessening the impacts on Old Amboy Road as a result of this you heard testimony from Mr saino about how the new cars are distributed and then in addition to that um we've made commitments to the neighbors and to the board that we would work with those three neighbors that are in this commercial area they're stuck there um and and we heard from them I I see one more is still in the in the in the room this evening um working with increasing Landscaping with your staff um the construction of a fence that's acceptable to the staff and the neighbors working with some existing dead and dying Landscaping that are on either our property or their properties and then most importantly I think probably working with your engineering department um to do anything that we can to alleviate um any storm water uh issues that currently exist out on the site we have a plan that is conforming to the storm waterer regulations but if we can go a step further um we will and then in addition to that we heard some comments from the Neighbors about the current operation and I think your applicant took immediate steps um which is a good thing I don't think that they should be um be frowned upon because they took the information and took steps to open up those driveways paint the curbs send letters to employees to stay off the road um write a more letters you heard in great detail um to the uh the trucks that deliver the vehicles that they have to follow Direction create some alternate routes and actually take one of the neighbors suggestions of numbering parking spaces in the storage areas uh for both the Ed cars and the cars that are uh in for repair so that we can hopefully reduce the number of clicker and beeping sounds that are out there um and then lastly the actual use the actual structure that will be constructed a parking area is a permitted use in the zone um as a result of you know an interpretation which we are following from your planner because it is connected to um what was a pre-existing non-conforming use were in front of this board but keep in mind that the actual structure that's going to be constructed a parking area is something that the governing body and adopting the edo3 zone Zone felt was appropriate for this area um and so with all of those things in mind at the applicant working with the board and the neighbors and your professionals and a structure that's actually permitted uh in the zone I would ask that the board act favorably on the application thank you Mr clauser uh you know I would agree with you that uh Mr Savino appeared here on all the all the times that you met before us uh I was happy to hear that he lessened the intensity of what the original application was uh there is going to be no building and uh that's going to be used as parking area only so I was happy to hear that and I think that was the tenor of the uh those that came to speak I wouldn't say against but upset that it might not work out um Miss Miller who was uh here on both occasions uh from the public uh I thought last time that she seemed uh satisfied that that wasn't going to be the work area where garage would be constructed but only the use for a parking lot I know she went back and forth a little bit with some amenities that uh really are not part of the application but I was hoping that Mr svino and I had said that to him would could work with the neighbor uh as a as a good business the business has existed there for years it's existed and it uh it employs a lot of people I'm sure uh brings Revenue into the township uh I think they're probably a good neighbor I'm sure that we did hear some situations of the men who move the cars maybe are a little loud at times or but I think that's the nature of just having a being next to a business and that business has uh been there long before Mr Savino even owned that business so uh I think that your uh your professionals have uh laid the laid the grounds for the proofs and I haven't heard anything back that was refuted by the township professionals so in my opinion I think you've met the burden uh I don't know how the board will vote I'm certainly going to support your application thank you uh we're not opening this to the public because there is no new testimony uh I will ask any board member if you want to make a comment but we're not going to seek new testimony none on my left on my right Mr Clancy anything all right you are going to seek a vote sir absolutely okay uh we have a D3 I believe right D2 this is D2 expansion of pre-existing because it was it's in a pre-existing as an accessory used to another lot so we have a D2 then we have bulks correct we have two I think we're down to two c variances on this involves that uh that parking area um exactly what they're they're properly called out in your professional report and I think we could rely on that that's yeah so we have minimum uh parking area lscape buffer 25's what's required 21's what they're requesting and then they got a rear uh and side lot line parking area setback um same thing 25 is required 21 is is what they're requesting so it's it's fairly minimal um and then we have preliminary uh site plan and major site plan I don't think there's any waivers uh I think there were a couple of waivers with regard to the parking lot which last time we put on the record that those are the waivers that are in the review report okay yes is I do some of them don't make sense it's not a Kmart I can't believe I just said Kmart uh big bu store yeah yeah yeah so we also have design waivers as well and effectively to comply with what's in the uh June 6th planning and Engineering lot um it was still was I know was originally a requirement to consolidate Lots four and 6.11 is that still I can do I can I can go over this with you now I 6.11 is the lot where the existing stores whatever's owned by All American Fords holding company I can consolidate one of the Lots on there which I think is a 15 is owned by our landlord and we can't I can't consolidate that but the two lots that'll be connected can be Consolidated okay um and then as as as far as any conditions that are on there um there was a condition they're going to comply with the pre-existing lighting uh requirement which was off at 11 I think uh and even more we we even said we'll work with the neighbor to find some areas where our hot spots are and we'll turn them down I don't know we can necessarily other than say we'll work with them I don't know we can make that a very specific condition but no no problem at all understood and there was uh agreed to uh a gate at the entrance to lot four which is going to be closed at night it's good for everybody and then there was a couple couple issues of just working with the town engineer as as we move forward as far as Mitigation Of Water collection the lighting um and that is I think that's it uh and on the effect uh on the effective landscape buffers that's all I have so we we would agree to all those enumerated in memo and put onto the uh put on in testimony that we both agree on yes okay uh so let's see how the D2 goes and then we'll move on to the bulks thank you uh anybody interested in moving the D2 variants for the use move it is there a second Andrew second roll call please miss Andrews yes Miss Chevalier yes Mr scagno yes Mr Stoner yes Miss testy yes chairman Sullivan yes all right as to the bulks uh as iner in the memo is that good by you yes yeah that works for me is okay Mr Clancy yes the two that we read out are the ones that are called out in the memo thank you for the Seas Chevalier I'll move it is there a second second roll call please who I'm sorry who second Andrews oh yes Miss Andrews sorry yes Miss Andrews yes Miss Chevalier yes Mr ISO I'm sorry Mr scagno yes Mr Stoner yes Miss testver yes chairman Sullivan yes and we had uh design waivers because of the parking I believe correct design wers someone I'll move it Stoner Mr Stoner is there a second Andrew M Andrews seconds roll call please miss Andrews yes M Chevalier yes Mr scagno yes Mr Stoner yes M testy yes chairman Sullivan yes um major preliminary site plan I'm moving Stoner Mr Stoner is their second Javier roll call please miss Andrews yes Miss Chevalier yes Mr scagno yes Mr Stone yes Miss test yes chairman Sullivan yes and final site plan I'll move it Stoner okay is there a second second roll qu please miss Andrews yes Miss Chevalier yes Mr scagno yes Mr Stoner yes Miss tester yes chairman Sullivan yes great Mr CLA thank you and your Professionals for the presentations thank you very much and just I when you mentioned Mr svino I told everyone to stay home they called me all this morning and said should we come should we come so there was no disrespect to the board said stay home no and I thought we agreed on that last time that that there wasn't going to be any I just wanted to be sure that's okay thank you very much sir thank you very much all right that's okay yeah we got to get just one moment we're going to give the stenographer a second to um pack up her equipment and we'll move on to the applications for the evening the going to go a little out of order here the first one I'm going to callot tonight is uh 11- 2024 Z Carol Baker yeah just give her one second to move out of the way okay that's okay Deb than your time do on Baker Baker okay Carol Baker okay all right once again this is 11-202 24z Carol Baker this is low density uh residential Zone R30 this is block 112 3.13 lot 1.13 physical locations 180 ambo Road in Manan this is uh for an addition to a single family home CN D variance uh required Anthony cambri Esquire representing the applicant sir chairman make it go green by pushing the button there we go and it's directional so you're going to have to get it close yes sir uh good evening uh Mr chairman members of the board um with me this evening I'm Anthony Camry appearing on behalf of the applicants Carol and her daughter Cassidy Baker uh Cassidy is not here she's a nurse um Carol Baker is to my right with her newborn granddaughter uh to my left is will esrey our architect licensed to practice here in New Jersey um uh Mr chairman and members of the board before I begin I I I think I would be remiss and not just taking a moment to recognize uh both Moren pelli and Danny hin halahan um admittedly while I'm an attorney practicing in New Jersey for the last 20 some odd years I do very little zoning work and uh variance applications and I think I probably made that very clear to the board uh to the um departments here when I came here uh they have both gone out of their way they have been generous with their time and energy and it's much appreciated and I didn't want that to be lost on it you know they're going to want to get a pay raise then well they they they they deserve fortunately the salaries are already set thank you for the compliments they they they they deserve it and just just for example um I had one time I asked Mr hollahan if he would jump on a conference call with Mr esre just because they spoke the same language he did so immediately without remorse without recourse at all um as for Miss pelli every time I brought up uh documents or had any questions they've taken their time to walk me through things so it again it's just truly appreciated thank you very much sir um thank you as for the application itself um as you decited that this is the the applicants are requesting both a use and a bulk variance uh to a single family home uh Miss Baker they they had purchased a home just about a year ago uh slightly under $400,000 uh they have plans to put in probably close to another 300,000 into the proper property um obviously it's been a year since they've had any access to anything they're certainly eager to go forward with it um as to the specifics of the bulk and use variants um at this time I would defer to will esri uh who can speak to it at a much high level than I so sure we'll have him swear in just raise your right hand do you Solly swear any testimony you'll provide before the board it'll be the truth and the whole truth I do okay um can you just place your name on the record for us uh my name is William L III licensed architect in New Jersey how do you spell your last name e s a r y thank you Mr es and I'm sorry you said uh professional planner architect professional architect oh you licens in the state in the state of New jersi before before boards yes yes sir and licensed in newly licensed in Indiana too if anybody's got a house in Indiana it's a long way away anyhow we'll accept his credentials thank you okay so um I guess the long story short here is that we're asking for variances regarding the sidey yards the combined sidey yards the rear yard and floor area ratio and in my experience the hardship on this is the lot size existing is right around 16,000 Square fet um in a Zone where 30,000 is required so we're we're coming in already um under size and unfortunately the lot um is oddly shaped and seems to be cut out of the larger property adjacent to it to its right and cut out of that corner and set up the sidey yards so they were existing nonconforming so today they're about 9 foot on one side and 96 on the other side so that's our existing non-conforming sidey yard and the reason we're increasing the non-conformity of the side is the owners would like to put a rear porch covered area to sit outside out back and eat and congregate outside so adding a roof to the rear deck that was existing turns it into a principal structure and we didn't have to take our sidey yard from the edge of the existing deck area which increases the non-conformity of the sidey yard even though the structure exists there by adding the roof we now turned it into principal structure so that's the the main reason for the increase in the sidey yard problem um that leads me to the rear yard uh we're asking for a variance in the rear yard um which is uh we're increasing it by yeah so right here yes so required 75 ft uh rear yard existing is 69.81 which goes back to the main structure Again by adding a roof to the rear deck creating a porch that becomes a now principal part of the structure and increases our non-conformity to the rear yard now by to 59 ft from 69 um so that's that's our hardship there based on the rear yard just by adding a roof to that structure the total sidey yards obviously we're asking for the variance in total sidey yard we won't meet that number because we're already existing non-conforming and I'm increasing a non-conform forming by about a foot um in the total side yard problem that brings us to the major uh reason for our variance would be the Reconstruction of the house that's there was in pretty poor shape um so the owners wanted to add what we would call real bedrooms even though 70 square fet constitutes a bedroom under code which is kind of scary but we put some nice siiz bedrooms in the house and brought it up to what we thought would be a comfortable home uh for their daughter and future family and working off of that basis it added a second floor to the existing structure by adding that second floor we're now jumping over the floor area ratio where 14% or 0.14 is um the required area we're jumping to about 02 or 20% floor area ratio but the hardship that I spoke of in the beginning where I say that we are an existing undersized lot if we were conforming lot at the 30,000 square fet we would still be we wouldn't even be here for the F problem we would be conforming um in the neighborhood it seems and appears now I haven't I've only knocked on a couple of doors early on and didn't get any answers but it appears like there are some structures adjacent to the to this house in that area that seem to meet those um the same scenarios and I didn't do that but I did notice that in the uh report from the engineers they said there are some houses in the area that are in that category of square footage that we're asking for um in there and that's the reason for the variance that we're asking for the variances that we're asking for and I'll leave it to you guys Mr gamber I again I defer I mean okay I I let me go to our professionals how Mr one have you received the memo that was issued this morning yes um can we just quickly go over the comments yes I'm prepared for those I think planning wise you addressed um and most of the comments are really to help the board understand um the land use patterns within the neighborhood and the homes in the neighborhood so unless the board has any questions you could skip that part um the one thing that I would say is um there are a lot of inconsistencies in uh the setback between the table and the actual plan so when you submit um plans for compliance typically when it's a D4 we don't ask for compliance plants but in this case there are quite a few engineering comments that need to be addressed too so I recommend that you submit U plans that address uh any of the engineering comments so that we can review it and then we'll have a final site plan signed uh by the engineer the chairman and the vice uh the secretary so um I am expecting that all those inconsistencies be uh resolved um there was a question related to the heating because the the math didn't work like it showed that only 30 square feet as heating so I I think you need to fix that uh I saw that I saw that comment and I was reviewing through our drawings I didn't see it um the same on the drawings I was handed this morning right I think it's in the text as far as I remember it's in the notes so please make sure that it matches um then going to the engineering comments uh the turnaround bump out so we would um we would require that bump out area we would we agree to that it's needed you don't need to back out into that road right and either you have the basement the second comment was either have the basement or raise the grade by one um I think it's uh proposed grade on the side should meet this Criterion I think one foot separation is required so you would have to address that or eliminate the base uh basement so what do you so the in in doing our soil test um we found that we need to go down to about 4.5 ft um for a good bearing soil the basement itself only has to go down about 5 and A2 ft so it's about another foot Delta there so it seems like money well spent to put the basement in instead of having Mechanicals in a cross base um the applicant is HVAC person in general and would much rather be able to change a filter standing up than crawling into the crawl space it is more work but it's money well spent in my opinion just for the for the use of the house so the idea is to go for the basement but I think we need to finalize a a geotechnical survey finding our mean high water line or what we would call seasonal high water here um to to actually make that call sure so you would have to work with the engineering office correct correct um then there is a question regarding uh connections of the roof leaders and the par parameter drains and you would address that correct yes we would uh so I'd want to do that with the with our site engineer for grading and drainage our my general practice is to put uh roof leaders into a French drain system um depending on how that works in this area with once we work with the Geotech I know that there is a note on the drawing that was missed and we called out um a sump pump in the basement it's the that note that was incorrect on the basement drawings should have been a sump pump and I know you're supposed to pump those to the storm drain which thank you for that by the way because we're required back in West Creek to keep it all on the property and it makes it a very difficult process so um we we do plan to do meet we plan to meet all of those requirements sure um the engineer requires a percolation test yes um that's yes we already talked about some discharge location and connecting it to the storm water right um finished first floor basement floor elevation should be added mhm and then um I think they want the call out to be revised for the retaining wall which you would do right um I'd like to I'd like to say that uh the retaining walls and the driveways we would like to review with um a landscaper and the owners just for their idea of what they want to put there I don't want to I don't want to go on record stating that it's going to stay as uh wood ties or anything I would that's fine so when you work with your with the owner and make changes make sure you submit them as part of the compliance review so that myself and the t engineer can review it um again the next one is also related to landscaping and a question whether the driveway will will be paved so I think the intention is to pave the driveway Drive okay um yes a good catch um so your minimum landscape area ratio right now is at 63 65 is allowed if you add a bump out you might violate the landscape area ratio I I think you should ask for a variance now itself uh so that uh you don't have to come back to the board well that is a great idea so if you're adding a bump out 10 ft wide can you calculate I would 10 by 20 I would say I'd like to be at least by 20 feet um to accommodate an SUV so on a 16,000 6 S I think no this would should be yeah so you should ask for a variance for 6 on the landscape area ratio that will cover the driveway bump out and then we see that a door was added to the basement typically we allow that with two family homes so I would um recommend that um there was a condition we wanted to add right yeah so we noticed what the plan set that was submitted um there wasn't a FL plan of the basement um so I think part of maybe a resolution compliance submission they submit a Flo plan um just so the for the proposed new basement yes y right um and and just maybe a yes um yeah a condition that you know won't be used as a separate living space for rent or other consideration um and no cooking facilities in the basement we would accept that as a condition okay thank you I think that's all on my end Mr H you have anything add other than what you just did uh not this time chairman thank you okay U Mr Clancy it seems uh not my case to prosecute but it would seem that the architect is trying to testify as a planner as well and uh I find that a little disturbing yeah so there are certain proofs that need to be put onto the record for the variance is typically we would need an expert that's been able to review the local zoning ordinances to master plan for compliance and be able to provide testimony as to whether or not there'll be any kind of how it complies and differentiates from what's in the code and the master plan and then also I'll be able to deliver an opinion to the board specifically as to whether or not that what's proposed will substantially impair the zoning plan or the the master plan so there's some additional proofs that would be required to be put on to the record um I think in order for you to to um put this to a successful vote based on what I've heard so far um Chairman's astutely correct about that um so yeah I think that I think that that makes some sense we're just I'm just speaking with our our Township planner here and she noted that some of the stuff we've gone through on the record already it might make sense um tonight you've started and gotten some good information out there we can always adjourn this to uh to a future date Contin give you some time to work with the with the township on some of these compliance issues and also maybe bring a planner in um to be able to put the the testimony on that would that would be required to to to to get this uh up for a vote um I'm sure the board would be amend something like that I'm speaking for myself but knowing the board I don't think that they're comfortable at this moment with what you've put on the record as far as your testimony I'm not arguing with any of your testimony merely saying that there's a lot more that I think needs to be put on the record and I'll talk to the vice chair would you agree I definitely agree there's too many inconsistencies feel necessary for yeah I mean I would agree with you and you know and and this tells the tale this this aerial in the memo right here uh of the site of this home and clearly you have it right I'm sure they carved that out from a lot it just doesn't fit in I think that was all farming fields at one point um going back and I know you have hardships there uh to deal with and the board has dealt with those before and we'll deal with them now uh knowing I I I visit at the house and I see it's half you know cut open uh and uh I I know you're probably anxious to get moving forward but in clear conscience and I think legally I don't think we have have enough on the record uh to be able to come to a decision this evening uh I think we're on the right start and I and I think the things that have been put on but I know coming for myself and the vice chair you're getting two people that Arc comfortable with voting time I don't I don't think I need to even ask anymore so app and obviously the the professionals that are here are more than willing to work with you guys to get get you moving in the right direction the planner was just talking to me about about it as well so um I think that makes sense maybe if they just ask for an adjournment we'll give them give them another another date and they can come back after they've worked with with the the planner and the engineer here to kind of address some of the concerns and maybe bring another professional on board to get this uh over the hump if they need to yeah I think uh I think a PP would be perfect uh to probably push it I I don't know that you needed engineering but you got you need to work with the engineering department to make sure that everything is is to their liking as as well as the benefit of the the homeowner if you reach out yeah if you reach out to Moren she should be able to help you out and I'll be there obviously too for continuance what would the next date be September 19th is our next open meeting okay uh September 19 it's uh we're two a month but only one in July so I think one in August right we have two we have two in August they're full okay all right that'll give you plenty enough time to bring everything back uh the uh clearly the board I you can see people taking notes so they know they know what they're talking about and uh what you've done hasn't been wasted it as a matter of fact it's just it's laid the foundation so uh I would say uh if you would accept that date I don't know if that's good with you Mr Cambria that's fine absolutely okay the date is again what September 19th September 19th okay so we'll continue December 19th he'll uh he'll sign a continuance a guess yes all right thank you for your appearance tonight this matter will be continued September 19th agenda uh there'll be no further testimony tonight thank you Mr camri and the home owner and we're going to continue with no further notice required yeah there will be no further notice we're announcing it tonight all right okay thank you yeah just watch you have live mics everyone okay we'll move to the agenda here we have uh 14-22 24z uh Lisa Lynch low density residential R20 this is a continuance as well this is block 1 12261 lot 22 physical locations 202 Morganville Road Manan for Paul Barn for acquiring C variants applicant proposing and construct 40 by3 pole barn to store cars and motorcycles Miss Lynch and Sir what was your last name again Lynch your Lynch Michael Lynch you were by yourself last time yeah okay sorry my kid Michael uh I assume both of you are going to be testifying this evening Miss Lynch you've previously testified so you are still under oath okay we'll put your husband under oath and then he can testify as well okay okay sir just raise your right hand please do you solemnly swear any testimony you provide before the board will be the truth and the whole truth okay and just spell your first name uh m i c h a l got it and last name was Lynch we already got that on the record I think thank you all right where we left off Miss Lynch as I recall the board was a little let him okay well I'll talk to both of you uh the board was a little concerned with the size of the uh pole barn as it was presented uh for the need for an upper floor so we've changed all plans there is no more second floor that's what I want you to put on the record so take your time okay it is a square building 30 by 40 16 1/2 foot uh Peak um that's the lowest you can go with that size building um and I don't know what else you know I really that that's that's I have too much you know uh cars and lawn equipment tractors wife I understand it's small home that you have and I know that's the family's growing growing in age and they need to spread their wings a little bit and I have a 16-year-old who we he's going to be driving in six seven months full-time and it's another car and just never ending it's just just keep go to U let me go to Mr uh Holan uh Mr hollan I know there was a new plan presented right yes correct um yes so the applicant is submitted a new revised plan um reducing the height pretty dramatically from the originally proposed garage um I believe the square footage Remains the Same as a 40 x30 I think the height was brought down from about 25t um uh to like they said about 16 and 1/2 ft um they have added kind of a stone driveway off of the existing Stone driveway uh because one of the concerns that I had brought to the board during the first hearing was access to the garage um so it's kind of an an existing non-conforming with the existing Stone driveway that kind of meanders a little bit off of their property um but I'm kind of satisfied with what they are presenting now um so as far as what VAR relief they're requesting um would just be square footage of an accessory building where they're proposing 12200 where 600 is permitted um as well as the height of an accessory building um which the maximum prid is 15 ft um and they are proposing 16 ft uh and then 5 and 1/4 in 16 ft five and a quarter yes sir yep you agree with um Mr hollan what uh he's put on the record yes absolutely questions of the uh applicant on my left questions on my right chman if I can just make one addition by all means um I I think the board may have had concerns at the the first hearing um of a possible kind of homebased business mechanic shop possibly being operated out of this garage um so I'm just asking if the applicant is maybe wan to comment on that maybe address those concerns or yeah I'll uh comment I work on heavy equipment I don't I work on my own cars and my kids cars now but uh I I don't there's no room in my yard for heavy equipment so that's what I do for a living okay you have a workshop behind the home to the rear of the property right it is it's like a I guess they called it like an old horse barn is what what it was and I've you know just changed it into my little garage but it's it's okay you all right you have one other smaller utility shed yes towards the is that the the north side there yes and one's coming down one's rotting away so I'm losing that space anything else uh so you're not do as as a uh I can't do side business I'm I'm in a union I've been in a union for 30 years so for me to do side work if I get caught doing sidew work as a condition to the resolution you would agree that this isn't going to be used for commercial use right this is the building the building is for my cars my well what the Chairman's asking you is if the board is going to vote on this one of the things they're asking of you is would you agree as a condition of them approving it if they were to act favorably you would agree to put on the record that there'll be no commercial abely while we're on it I'll just mention previously when we had been there there had been agreements provided through testimony that this area would not be used as living space um and that there would be no no Plumbing to the building that is correct okay all right just electric I would assume you're going to have for lighting ultimately I I'd imagine some electric because the way I understand it they sell car lifts that you could put a car on lift them up and put cars sore cars underneath so I I have couple classic cars so okay that would be it let me see if there's any other questions from the board okay on my left none no satisfi I think we covered the I think we covered what we were concerned with in the last time anything on the right no Mr Holland anything else other than what we've put on the record here no chairman let me go to public portion on this this is a 14- 2024 Z the location 202 Morganville Road for pole bar so anyone here in the audience this evening has comments or questions please raise your hand or stand no one has I'm going to close the public portion final comments sir final comments any none no no thank you nothing to say toight no okay this is a c variance for the square footage this is a the building at 1,200 foot where 600 is allowed and for height it's at 16 five and a quarter that's correct yes 16 and a half 16 and a half just about and uh we're uh 15 is allowed board members someone want to move for the Steve AR vote move it is there a second ISO Mr rzo second Miss test was made the motion first roll call please miss Andrews yes Miss Chevalier yes Mr ISO yes Mr scagno yes Mr Stoner yes Miss test yes chairman Sullivan yes there'll be a resolution prepared for the next by the next meeting after you get the resolution you deal with the building department for any applications I mean permits at which time you can start that all right thank you has to be done within one year that'll also be part of the resolution okay y thank you for appearing thank you good night thank you good night thank you good night okay moving forward 75223 z uh I'm sorry that one's been adjourned 75 2023 Z was uh 243 drock Lane that was involving a driveway expansion the application has been adjourned to the public uh for a public hearing on July 18th with further notice if you hear on that matter it's not going to be heard tonight uh baker has been taken care of we move right down to 10 d224 z boram arapi uh this is low medium density residential it's R20 Zone block 6401 Lot 21 three car Court Oldbridge for a sun room the applicant proposes to legitimize a 16x16 sun room it was previously constructed without permits the sun room was constructed 18.25 ft from the rear property line where 25 is required for the record sir good evening Mr chairman and board uh my name is Gregory J waga architect I'll be representing um Mr borm arapi the applicant on this matter just spell your last name sir sure w a ga he's representing is he going to be swor yeah um you're going to be providing testimony correct I yes sir okay uh do you Solly swear any testimony you provide before the board will be the truth and the whole truth I do okay you can put your hand down we already have your name for the record thank you and um any credentials you May yes my office is located in rawe I've been uh in practice for just under 30 years we're licensed and good standing in this state and in eight other states and I've testified i' had the privilege of testifying here about a dozen or so years ago um and I've been all over the state in other applications well thank you we'll accept your credential thank you very much Mr chair professional engineer no architect professional architect got it thank you you're welcome you can proceed thank you so the the drawings that are in front of you or what what is apparent I have no new exhibits this evening uh and uh what we're here for um during the virus uh which you know shut the state down back in March the applicant bought the property and closed on it during that time uh and at that point we know that there were no co uh cosos or code enforcement inspections at all um they bought the house as is uh it existed and I worked diligently with uh previously Damien Gil and I think Dan and I spoke at least once or twice on this uh over the course of the past year uh and we had a pre-existing cluster development located in R5 Zone lot size is 5,500 Square fet where 5,000 is required um however uh many of these homes were constructed as is uh but that back left area that's highlighted on your on on sheet site sheet of of this presentation was an open porch um when the applicant purchased this property they bought it with a finished room so the room was finished evidently there were no permits taken out I I'll give the board um the courtesy of a little history on this um we were the applicant was initially cited for various co uh uh in issues regarding the inspection process um about a about nine months in it was brought to our attention that um this section of the home was substandard in its side and rear yard uh because of the enclosure again it was an open porch um I'm presuming that back um when this cluster was approved those porches were permitted at 20 ft from the rear yard uh and again openness uh was uh a minimum of 2 ft or so um as we're well aware now that we've enclosed it it now becomes part of the condition space of the home becomes part of the primary aspect of the use of the home uh it is used as a dining area right now it's set up but it's not being used actually I was just in their home the the doors have been blocked up they've not utilized that space since um The Code Enforcement Phil stand for who I worked with as well uh uh had um asked them and told them not to be able to use that space so they've complied uh however uh that's what we're here for we've got two variances uh we've got a rear yard where we need to be 25 we're uh 20.83% I'll be able to talk louder take that take this with me perfect so where we need to be on our he's got a better one for you oh thanks the Bott of that one where we need to be uh actually 9 ft on the left side yard we're 1.88 and 1.9 ft respectfully and again where we need to be 25 ft on the rear yard uh we are 20.63% the conditions of what was existing uh and the reason it was brought to our attention because it was brought to the applicant's attention that a number of the support mechanisms were not installed properly um at the underside of the primary structure so our job was to repair those items and make the site structurally non-compromised and the integrity reestablished so that's what we've done and then that's what we were so proactive in and about August of last year it was brought to our attention that this became a board matter and here we are today um so we're looking and hoping to uh gain use we did not increase the original footprint whatsoever um the applicant had nothing to do with it uh again they purchased the property that way four years ago H and they're looking now to uh be able to a gain approval so that we can continue the process with the Department of buildings and move forward and acquire permit thank you thank you sir Mr holl uh thank you chairman um yes so the applicant here is here tonight seeking two variances one for a sidey yard um of 1.90 Ft where 9 ft minimum is required um and then a rear yard of 20.63% want to note that I'm not confident that the applicant requires that sidey deficiency um because we have an ordinance in place that if the side yard deficiency is 7 and2 ft or less you can continue that existing kind of building line um and as long as he's not exacerbating that sidey yard he typically doesn't require a variance for that sidey yard where he's allowed to continue it at that 1.90 ft um maybe Mr Clancy can correct me if I'm wrong wrong but at least that's my understanding of that section of the ordinance that's typically how we've done it historically in our office um but if maybe it makes more sense to maybe ask for that variance just in case um um I would think I were on the side of question absolutely that that was that was the justification y yeah okay and that's that's I I I had more communication with Damen um uh prior to and that was his directive it was a you know a just in case and you'd be asking for it anyways correct correct anything you want to continue with Mr Holland that is a chairman thank you okay and the testimony you've heard uh is is accurate yes just give me the numbers again so it's uh the rear yard yes so the rear yard request is 20.63% 90 ft where 9 ft minimum is required okay let me see if the board has any questions sir thank you to my uh left no everybody good to my right ladies Mr Clancy um the only thing I'd add to that is uh obviously in order to bring this into compliance you would effectively have to tear down the sun room that was on the house when you bought it correct no no we've done a thorough investigation and we've actually submitted new drawings to the building department um that will satisfy all our obligations the client has been made aware I've walked them through what they need to do uh with their footings and Foundations they'll also need to apply uh for those of you who are not familiar with there are are beam and joist hangers which need to be installed um post bases post caps everything structurally uh that will um establ l or yeah establish the necessary Integrity for this um room to be considered habitable I think what Mr Clancy was saying is he's probably probably looking at this variance under a hardship Relief by all means thank yes it was an unknowing situation when they purchased and it was brought to their attention about a year and a half after and I didn't mean to interrupt but go ahead no not at all you're you know me well I I misinterpreted you Mr not at all there's only two ways to get it hardship hardship is the is it sounds like what you have thank you that's kind of what I'm trying to flesh out here so um uh as I say in order to if if you didn't have a variant and you had to bring the property into into compliance the only way to do that would be to rip off this sun room that was there when you bought the house yes sir correct and start from scratch and that and that's got is there some footings that are associated there are footings yeah it's it's a it's a crawl space it's not a true masonry Foundation you've got 4x4 posts you've got wood well treated wood you've got um uh uh 4 by um uh concrete footings pure footings some of them we've tested need to be um reinforced or or installed at the proper depth because they don't satisfy all that has been indicated on the drawings that were submitted to uh building department and we've been back and forth and again the project shut down after it was brought to our realization that there may be a zoning issue okay so would it sounds like it would be a hardship in order to you'd have to rip this thing down and rip up footings and everything else yeah if you didn't have a a great expense correct yes sir yes sir okay um and as a condition of approval we usually include this but I just want to since you have something already in the in the works here you'll obviously apply for and obtain whatever permits and inspections need to be done yes sir whatever plans would be uh required in order to accomplish that yes and actually the building department has been out there the electrical inspector the fire subcode the building subcode they've been out there already to review and and again that's where their comments came back and I was retained and here we are today excellent okay thank you so board members they're going to be seeking a hardship uh so does anybody have any further questions before I go to public portion no okay 10- 2024 Z the location is three Caren Court Oldbridge this is a uh legitimizing a sun room uh that was uh previously constructed without permit not by this applicant uh anyone here in the courtroom want to be heard of this matter raise your hand or stand please come on up no no no no no no no you have to come forward and speak on a microphone and the board attorney will swear you in before you speak that's okay maybe we could just adjust that height for her as well give you I just wanted to hold on ma' okay we have we there's just some procedures we have to follow okay we're going to ask you to state your name ason Korea we need you to spell that a s u n c i o n last name is Korea c r r EA the board attorney will put you under oath can you raise your right hand do you solemnly swear any testimony you provide before this board will be the truth and the whole truth yes okay you can put your um put your hand down and just speak directly into that microphone so that everybody can hear you well I received a letter from my neighbor that I I can attend the thing so my house is in the corner this is carara uh Karen Court yes this is Avery drive so my house is behind his house the right side if you face that way that's the left side of his house you your your Lots AB butt they touch yes so the rear yes so my house is my rear of my house is the left side of his house facing his house okay so I wasn't clear what is 1.9 and two what is that is that the is that my side well there's no there's no there's regulations they're not changing the structure of anything what they're trying to do is legitimize it there is issues called setbacks setbacks mean from property line to structure and the ordinance requires certain amount in this case when someone put this uh sun room on made in an addition maybe a previous owner I guess you would know that uh I was speaking of her um they're 1.9 ft so that's that much yeah yeah I measured it today so it doesn't mean going closer to your line it means they need relief for that much yes it's actually two point I measured it today from that um plastic you know the liner uh it's like a you know when you uh landscape yes that holds so the previous owner had put up like PE uh stones gravels and lined that so I measured it from the gate there's a gate next going to the back door to that structure that they're going to use yes I actually measured is it as 2 feet and uh well 1.9 is pretty close to two yeah it's almost there but it's 2 2 ft and 9 in 9 .5 in I think they're doing it off a survey which is probably a lot more accurate I mean because I just measured it for my own curiosity today because I feel like the sides of the homes in that cuac the side the left side is like that it's like Universal in that development so I feel like I bought the house in 1992 I was still young I wasn't aware of anything I came I landscaped it all the time if you see my house the curb appeal I add the curb appeal to the to the neighborhood so I just want to make sure that I'm not taking away his property nor because I want to make sure that I'm not invading or no I don't think there's been any comment okay so there's no I just want to make sure that that that is not being appealed as they are going to increase the WID no one has said that and and and why it's very nice of you to come forward and say that but uh the architect deals in deals in the survey and the numbers so right I just want to make sure to make myself comfortable because we want to make sure our we we M alone and we don't want to invade somebody's PR we don't want to to take somebody do does your client have any any complaint about the neighbor okay good thank you thank you I just want to make sure record not no he's not under Ro but okay Mr hollan was there any complaint that you know not that iware of germano so I have another thing though I don't know if Bruno we call him Bruno um so when the rain falls in my one day I was like bothered because there's like noise so I don't know if that is affecting the structure of the house you know lately there are a lot of heavy rainfall so I heard the rainfall and actually the rain it's not coming it's coming it doesn't go into the gter it falls off to the it's it's making a lot of noise and there's a ponding of water there all the time I don't know if you know that the water is always staying there today is the last day I clean my yard because I cannot go there because it's always wet it was so slippery I don't want to fall so I just want to make sure that the structuring of the of the sewer how do you call it the flow of the water back to the woods because I'm the back house you know what I'm saying so I'm like stuck over there let me ask Mr hollan who's who's got a plan in front of yes does um there's actually no Outlet to the next thing because the house behind each other additions to residential um uses in family homes don't require any grading plans or engineering review um so I don't know if it's necessarily a comment to make at this part it may be better for you if you have a drain complaint to to make to maybe send an email to the engineering department um to where they can maybe investigate and and maybe give you um advice on maybe how to alleviate any concerns that you might have no it's just I wanted to make sure this is included in the restructuring of the backyard structure because it affects the the house extension is affecting the the flow of the water when it rains you know what I'm saying is it lacking a gutter is that what you're saying well I don't know I don't know if the gutter is blocked or what but there's like really like pouring out of Stormy water like water coming off the roof or ponding on the ground on the ground yeah I heard it from my because on your yard or his yard towards my yard because the water is pouring out into my yard so I just want I wanted to know to make sure that the new structure is not affecting the flow of the water that's if they are restructuring this house there is not going to be any new structure oh they're not going to because it's that we're not building anything correct sir no sir it's already there it's already there oh I see I thought they're going to rebuild this because no it's already there there's no build because the house the the the the roof of that extension is like flat it's not like this mhm so like and his house is like the whole part of the house that's like going up is coming to my yard I'm not sure it was in the middle of the night I said what is wrong and then I went it's like pouring instead of the water going out to the gutters it's like pouring out to the yard well perhaps perhaps the applicant can check his gutters and see if they need to be cleaned CU it's really like the water is not flowing because the previous owner had made the G M to go into the ground that's why they cover that with gravels I have been with I think they're the third owners from the time I moved there I never moved so I know the thing but I just want to make sure that they they are making paying attention to that like when they restructuring the house we're certainly going to advise the applicant to I don't want to do that have a problem too with his own you sound like you want to be a good neighbor I'm sure that the applicant wants to be a good neighbor time okay thank you thank you ma'am you thank you anybody else want to be heard in this matter I'll close the public portion uh I would seek uh that you know that perhaps the applicant uh be advised to maybe check that to avoid any future problems yes Mr chair we were talking uh discussing this during during the the testimony from the neighbor and um he's changing the roof it's actually a shed roof that happens to slope towards that so there's the potential that the leader could be CL at the base of everything is you know below grade so during the excavation we can even make it a condition that and and he's already agreed to once he's finished the excavation he'll replace the gravel that's there reinforce it and then just clean out the drains and the gutters might be dirty they might be clogged at and that might cause the Overflow the rains have been torrential at times so that might create the the Overflow and and once you got that you got a wave of water coming down 12 feet and there's your noise I I agree say something one more one more you have to speak into the microphone I don't know if this is a concern for zoning because he added an a an air conditioner in the wall right above that 1.9 it's on the wall and it's my back of my house it may be it may it's not a zoning issue that I okay because it's my dining room every time I look out of that window it's my dining room the wall unit that uh the wall unit it's like a big Square it's not the regular one so I told him that this is my my dining room if I have guest it doesn't look I mean like I I'm not really happy that it's there I I understand that but that has the board has we don't have any jurisdiction over those matters okay thank you I don't want to make light of it but no we we there's nothing we can can do on that okay uh now I've closed the public portion I just have one one point of clarification look like there's two on the rear setback there's two kind of call Out Lines there because I guess it's not square with the with the rear are you talking about the the 18.25 yeah that should be our that should be our variance probably right that's the that's the shortest Point well I think that's to the stairs correct correct that's the stair it's an open stair with a rail okay so it's not part of the structure part of the structures not condition space but we we've we've come to always represent those numbers just in case right so we're we're at 20.6 basically to the to the heated structure yes or condition structure I just wanted to clarify that thank you thank you okay board any final comments or questions of the testimony none final comments sir thank you uh we we are here again to uh ratify and satisfy any obligation that were um uh you know inappropriately processed through uh uh this municipality a number of years back and uh we'd like to just get on with the process and uh and hope to gain this board's approval this evening understood thank you for your representation this evening Mr Clancy we have uh two c variants is correct we can take them together yeah they're both uh looks like both C1 for the rear setback and the uh and the side setback um um with the conditions that they're going to obtain permits and and submit plans for any work that's going to be done there and uh it says like they're going to replace the gravel and clean the down pipes on the structure right so it's we have 20.6 where 25 required and we have 1.9 where nine is required correct that's what I have yes okay uh work to be done within one year anyone interested in moving the C variants we'll move them together ISO Mr ISO ISO move us is there a second miss Andrew seconds roll call please as to see Miss Andrews yes Miss Chevalier yes Mr ISO yes Mr scagno yes Mr Stoner yes Miss tester yes chairman Sullivan yes and I would hope the applicant uh clear clears up that matter with with runoff if it's ponding next to the property line it's not part of the application but it is correct no it's it's a matter of courtesy that's what I was hoping for absolutely thank you for your presentation you'll have an you'll have a resolution by our next meeting Perfect all right thanks thank for appearance thank you sir and and and again just to build on Mr cambria's uh comments dealing with the planning and the zoning department Prime thank you we trth we try and we've heard compliments before and I'm glad that we have the Personnel here in the township that we do I'm just a resident obviously you know we're all volunteers correct salaries are set but there are bonuses you know yes right you're right sir thank you sir thanks everybody back to elura right back to elur back to elur in our minds we're volun we're volunteers that's right we'll give you double what you normally get that's right all right uh we have one more we have a 17- 2024 Z that's Jonathan Plains I'm sorry where do I see that where I page am I missing a page oh yeah I am there we go bottom of the page would be good 17 Bish dish 2024 Z Jonathan Plains this is medium high density residential R six block 5.29 lot 40 40 Yale Road for detached garage requiring a c variant applicant proposes to construct an 18 X20 detached garage 3 foot from the side property line where 10 minimum is required sir Jonathan planz anybody anyone else going to be testifying on your behalf this evening no just just myself just yourself board attorney will swear you in do you raise your right hand please do you solemly swear any testimony you'll provide before the board it be the truth and the whole truth okay thank you you can have a seat You' sat and watched a few of them tonight so basically what we what we want you to do is tell us what you're doing why you're doing it how you doing it uh the shed is not up at this point right no no no okay uh and then the board may have some questions Mr hollahan will tell us what's going on okay and go back and forth just to correct you said 40 year Road it's four do I have 40 yeah lot 40 oh I'm sorry yep four Yale Road is the physical location that was your blocking lot okay sorry um so I just want to build an 18x 24 shed to clean up my carport so that way when the neighbors are in their yard they don't see um I guess an organized mess from their deck I want to be more of a pleasant neighbor I have a lot of I have two two kids they have a lot of toys we have a lot of Motorsports and we don't want it outside per se so the carport is the only place right now we do have a pre-existing shed and it's kind of at Max Capacity with all the stuff in it so we really can't put too much in it anymore so everything kind of just pulls up into the carport and in the backyard okay is your your uh you have an actual carport or did you use your was your carport built up like most of the houses were where there uh it's just an overhang so it's an open carport okay yours is still there yes all right and you're going to put the shed it's it's going to go by the there's a there's a pre-existing shed now so it's going to go in place of that why why so close to the property line um I just figured well because if I do 10 10 10 it's going to be in the middle of my yard and the reason why we bought the house was to have the yard for the kids so they can have fun and I figured the existing shed now is closer to the yard than I mean to the property line than the new one's going to be so that's not complying either I guess not we bought the house like that I get it fig let me ask Mr hollahan and then we'll come back to you okay uh thank you chairman yes so the applicant is requesting a single C variance um for a 18x 20 it was noted as a detached garage it's going to be used as a shed correct it's a shed yes okay um yeah so he's seeking a single C variance for the side yard setback of 3 ft uh where 10 ft minimum is required um in the r six Zone when a structure exceeds 150 square fet that's setback um as a board I think is aware increases from 3 feet um to 10 ft so due to the size of the structure he's required a 10t setback uh wor 3 feet [Music] um this says three feet you're proposing three and a half feet has that since changed yes three and a half yes okay so the proposal is 3 and A2 ft where 10t is required if that were to be moved out to the uh 10 foot 10 by 10 uh coming off the off the off the property line would that really diminish the usage of his backyard I mean right now it's not built it's not uh it would essentially put the right wall of the the shed in the middle of the yard per say it would pretty much line up with the right edge of that staircase that you see off the back of the house um depending on which I kind of Drew 24t out to the right um if he goes 18 out uh maybe the left edge of the staircase but essentially it it would put it in the middle of the backyard yes anything else you want to tell us sir no how long you been there uh going on seven years this year questions on my left of the applicant no questions on my right I go ahead I'm sorry you're going to remove the old shed and just put the new shed up correct good yeah okay old ones going new ones coming in yes all right anybody on my right no I This was um I just note for the record it looks like um you would agree that the the lot's wider at the front and a little more narrow at the back yes okay so um it's an unusually shaped blood yeah it's it's and it it also doesn't have like a uh a straight uh rear property line there it's kind of slanted right yes so it's a little bit of an oddly shaped lot um and that's that's a little more unique than what you're used to seeing typically lots are square correct yes okay trapezoidal yeah something like that one of those weird yeah it's unusual okay so creates a problem for you we have some hardship it looks like and and compliance would effectively put this thing into the middle of your of your your rear yard um which obviously isn't desirable correct that's what it would kind of take to be compliant and the and the variance that's required um it would ordinarily be 3 feet except for the size of it and you've already sounds like placed on the record that you need that size because you need that level of storage or you be requesting it because you need that level of storage right okay I think that's where we're out with it well adorable you want to clean up youro for your neighbors I think that's uh yeah I don't want to be that guy you don't want to be that guy okay uh I'm going to go to a public portion okay okay this matter is uh the location physical location for yel Road it's for a 18 by 20 shed for the rear yard anyone want to be heard on this matter please stand or raise your hand no one has I'll close the public portion final comments from you sir no um okay thank you okay board members this would be a a c variance uh for three foot uh or three and a half right we're going three and a half three and a half side from the side yard line where tenant is required uh sounds like a hardship case due to the size of the lot in the unusual structure usual unusual shape someone interested in moving this for approval ISO is there a second testver moved in second roll call please miss Andrews yes Miss Chevalier yes Mr ISO yes Mr scagno yes Mr Stoner yes Miss testy yes chairman Sullivan yes uh you'll have a resolution at the next meeting it has been approved it's very admirable and we rarely hear where someone comes in and says they're more right about their neighbors than they are about themselves so kudos to you for cleaning up your backyard thank you all right thank you sir have a good night thanks night now as I turn the page there's two more okay 18-202 forz Taran Plick I hope I say I'm saying that right it's medium high density residential or six block 15509 lot 716 physical location seven uh three pedmont in Oldbridge this is for a fence applicant proposes 6 foot tall vinyl fence in the front yard where a maximum four foot tall open fence is permitted requiring Ace variance po did I say that right yes are you going to be the only one to testify yes board attorney will swear you in thank you um do you saw me swear any testimony you provide before the board I'll be the truth and the whole truth okay and then when you speak just those microphones are very directional so we just um we're making a record so we just want to make sure it gets picked up thanks once again uh as you saw we want you to tell us your story just looking to put up a 6 foot vinyl privacy fence it's my understanding I think it's just the right side of my yard that's the issue I'm on a cue saac there my entire backyard is open to the street my side door go my sliding glass door goes right out to the street I have three little kids I can't even let them out in the yard because it goes right out into the street it looks right into I took I do have pictures of but the whole street looks right into my I have a sliding door there on that back portion um there and it opens right out to the street what are the problems when you're on a corner lot it's it has what's called two front yards right and there was a fence there when purchased the home and it was in poor condition and we had them take it down but so that's probably why you're here but we're going to find out from the professional yeah Mr holl so chairman just to correct you it's by definition me and Taran went over this quite extensively it's not definitionally a corner lot if it was we wouldn't be here um but a corner lot by our definitions to find is a lot with that's on two intersecting streets being the pedmont continues through that kind of little bump out culdesac it's technically just all front yard there so um if it was a corner lot our ordinance now says that she can put a fence on where the house doesn't face so if that right side kind of culdesac was Jones Avenue we wouldn't be here and she'd be permitted to have the fence under ordinance so yeah she's here seeking just the variance for the fence um in the front yard she's proposing a 6ot vinyl um where only a 4ft open fence is permitted um I do want to add that I believe she purchased a house relatively recently um there was an existing kind of 5 foot chain link that was solid fence that was removed I think by a contractor who was doing renovations um it although it had no permit it existed for quite some time um which there were conversations of possibly determining a pre-existing non-conformity but because that fence was removed um kind of being able to afford her that right goes away once that structure is removed so that brings us to tonight when I looked at this survey looks like it's on the other lot line in the beyond the her lot line in the back on the upper part uh so the neighbors that is their fence actually on the top it's not yours no that's not my fence I don't have any fence right now that's our that fence that was there was taken down that's why we're here it was there there so that's their fence we're just continuing on our their flower actually goes on our property line they have flower so it's actually going to be inside of our property line I don't think they can have that doesn't bother me at all so it's it's actually going to be inside of our property line on the top there that Pro the the fence on the top is the neighbors correct and there are some sections that come onto your property yes you're not here for that issue you no not at all the other person's issue right okay you say the uh the Privacy is the issue uh you're open basically the completely open to the street and my side glass door everybody sees right in it not my sliding door let me see if the uh board has any questions okay to my left Defence that the fence you have not your fence the neighbor's fence how high is that fence oh it's I think it's six feet they have an inground pool on the other side so it's high okay I'm not 100% sure though okay thank you Mr Stoner yeah I have a question so you said the neighbor's fence is on your property right no I think um I don't think it's on our property it extends to that blue line on the top there is where we would there's no fence there but the fence going up is theirs it's just on their side but they have this flower bed there where where that blue line is they have this flower bed on the edge of their driveway that actually comes onto our property so the fence would be even inside of that cuz we're not going to touch their flowers so it actually your fence inside and the fence is more on the outside right I'm sorry I don't understand so I'm trying to understand where you're not going to extend where the fence ends and continue it's kind of going to go it's not going to it's going to end we're not double fencing is that what you're asking yeah we're not double fencing no I'm not going to go sorry go all the way to the top corner there it's going to stop at at there I don't have any pets or anything so it's just it'll stop at at their fence I don't know if it'll I don't think it'll I'm not quite honestly sure no I mean are you connecting like this say the fence ends here this is their fence are you going to connect it to continue it no no no no I don't think so there's apparently at the top where the blue um highlighter is comes across you said there's a garden bed there or something yeah they have like on the edge of that that fence their driveway is continues there and they have a flower bed in between their driveway and my backyard and then there's a fence after that their fence correct she's not going to connect it there's no reason she just wants the Privacy not necessarily the security for you know pets yeah it'll all be on our on our property okay anything else Mr Stoner Mr scagno anything no Vice chair nothing Mr Clancy um no what I would just say is um uh the lot is obviously viously uniquely shaped correct yes uh in so much as that the the road wraps around it right um and I believe it's already been placed on the record that had had you had a true intersection there we wouldn't even be having this discussion correct correct all right so um it's uniqueness it falls under hardship is my opinion on that okay board members uh you've heard that it would be a hardship on on this matter uh We've dealt with these many times before certainly the applicants family is entitled to their privacy I see no reason why we shouldn't uh I would be in favor of it and we'll see if someone moves it okay thank you uh did I go to a public portion here no I better I better because there's a lot of people here um the physical location three pedmont Drive 18- 2024 Z for a fence anyone here in the courtroom wish to be heard on this matter please raise your hand or stand none of those men are interested in complaining to you so thank you we'll close the public portion uh finally board member someone interested in moving this for a move atago is there a second ISO ISO seconds roll call please miss Andrews yes Miss Chevalier yes Mr ISO yes Mr scagno yes Mr Stoner yes Miss tester yes chairman Sullivan yes you'll have a resolution by the next meeting work has to be done within one year perfect okay thank you thank you for appearing let me guess you're all here for the next application right okay 13-22 24z this is uh I hope they say it right Karen deep Singh I hope I said it right uh medium high density residential R9 block 26001 lot 2112 uh physical locations 49 Shirley Boulevard and Oldbridge this is for a shed the applicant proposes an 11 by8 shed 3 foot for the property line where 10 minimum is required requiring a SE variance Mr Singh I'm Karen dson and he's my dad okay is are both of you gonna be testifying yeah possibly only me only you we could swear your father in too it's okay if he wants to talk that way he'll be on the right you don't speak English then we're not going to swear him in okay uh board attorney will swear you just raise your right hand for me please do you solemnly swear that any uh testimony you'll provide before this board will be the truth and the whole truth yes okay you could put your hand down and I believe you've already placed your name on the record Mr sing so yeah yeah you you sat here all night so you know how it goes tell us the story okay and what what you're doing why and we're going to ask the professional why it's a why you need a variance so I'm going to speak to behal my dad so uh so today we are here in front of you to seek uh AAR to build a 198 Square ft shed however 150 square ft shed is permitted by ordinance we acquire 198 Square ft shed for landscaping and uh gardening tools for our home use whereas 10 ft setback is required we are proposing three ft setback if we follow 10 ft setback we will not be able to enjoy our backyard it will take away the space so I humbly request the board to permit it this approval we have a 6t fence all around our yard and enough room to maintain the lawn and ched very good um this is very similar to the application that you heard just before where the man was putting a three-foot we threefoot because of an unusual shap lot this is a survey here right existing shed is that correct uh well we'll talk about that let's see from Mr hollahan uh yes thank you chairman yes so the applicant is here tonight seeking a c variance um for the side yard setback for an a 11 by8 shed uh they're seeking 3 feet from the sidey yard property line uh where 10 ft minimum is required um no other variances are being sought as part of this application um and it's about all I got okay is there a secondary shed there as well yeah there's shed and that one I guess is probably three foot off yeah that one I believe is an 8 by 8 by8 88 by 8 yeah so that one's an 8 by8 at 3 feet from the property line so that one is compliant you can do it yep so that's it would it uh disrupt the yard if he moved it uh well he couldn't even move it over that far right it' be a to move next to the house if he moved it to 10 foot yeah I think the the main argument of of their application is to kind of preserve that rear yard space to where you know they have enough side room or enough sidey yard to where they can maintain the three-foot setback to the dwelling as far as you know a 3ft from the property line um if they moved it to the rear yard and then made a compliant 10 ft from each you know rear yard and side yard um that would drastically change kind of the layout of their rear yard and and restrict them from using it recreationally thank you is your is the uh yard fenced yeah it is it already is fenced let me go to questions on from the board to my left oh good good to my right I have a question go ahead what about this Gazo yeah there's Gazo too said can you remove the Gazo no it was already when we bought that house it was there already conrete no it's not concrete it's a wood it's a wood yep all right Mr Clancy um are you planning on keeping the the other shed the existing one yes and um I think we've kind of already covered what what if if you wanted to construct this and bring it into compliance um obviously you couldn't come 10 foot across where you're at because it would be into your into your house there it looks like right right it wouldn't fit there at 10 feet is that correct yeah see how it's like next to the house yeah yep yep all right so in order to kind of if you wanted to do that you have to push it back on that on that map and and then go like middle of the yard y still comply with that rear setback so yeah I think this is this you would say this would be a hardship to comply with that what do you use the smaller shed for just for the uh the the storage like a like a guarding tools and the new one's going to be for the same purpose yeah same purpose so it's not it's what's it 200 squ foot 11 uh yeah 198 it come out to well I'm just looking at the one yes 198 um you're not going to be putting any electricity in there no no Plumbing no Plumbing no electric not going to be used for any kind of uh extra living space no okay merely for the storage of material normally be a bicycle whatever all right board members anybody have any more questions go ahead is there a possibility that you just have the one large shed because you do have a gazebo and you have a smaller shed and now you're eating a larger shed which is really to to maintain your big backyard everything is going to be pretty much close together and um I I don't think it looks very um no curb appeal so speak is it possible that you could just use the one larger shed as long as you're keeping the Gazebo as well as I mean there's there the one the smaller shed is like a metal shed and this is a the wood shed so well I think what uh Miss was trying to indicate is couldn't you just compact everything and use the you have a 64 foot shed square foot shed 8 by8 uh you're putting in 200 uh why wouldn't the 200 be sufficient other words you could you could minimize well I know that shed's compliant but why would you might want to compact it so you wouldn't have two sheds and a gazebo well gazebo is a whole different usage but uh aesthetically I know you want to keep the other one as well right yes it it's actually not inv violation of anything so any other questions chairman I do have one question uh Mr Singh what is the do you know the height of the shed yeah 9t 9t okay I just want to make sure he didn't inquir on anything else okay let me go to the public on this matter I don't think anybody's probably going to talk against it but I have to 13- 2024 Z 49 Charley Boulevard for a shed anyone interested in this matter comments please raise your hand or stand he didn't stay so lucky close the public portion any final comments sir uh no okay uh basically this is just a shed where this is your father's home and he wants more storage for the gardening materials Landscaping Etc all right someone interested in moving this proceed variance under hardship uh I see hardship right test I'll move it okay ISO second R quot please miss Andrews yes Miss chalier yes Mr ISO yes Mr scagno yes Mr Stoner yes Miss testi yes chairman Sullivan yes you'll get a resolution by the next meeting does he need uh see building permits uh being that it's under 200 square feet no just a zoning permit okay you'll get it by the next meeting okay so after that you can uh do your uh construction however that gets done all right thank you for appearing than father as well MH thank you for your time thanks that does bring us to the end of our agenda uh there is no one else left in the room for a public portion so we'll move on from that any comments from the township next meeting is July 18th uh busy agenda okay not as busy is tonight not as busy tonight was crazy I apologize and uh Mr Clancy anything on the legal end no we should have all these resolutions ready for you okay board members final comments won't see until uh Fourth of July I hope I I wish everyone a healthy happy holiday all those watching at home please be safe over the holiday move for an adjournment someone want to move for an adjer please all in favor any opposed We Stand We Stand adjourned thank you everybody e