##VIDEO ID:msoI0Qem5sE## e there we go now here okay announcement is made that adequate notice of this meeting has been given and that it is being conducted in accordance with njsa 10 col 4-6 SEC of the New Jersey open public meetings roll call please Mr burkowitz here Mr dowit here Mr Petty yes Mr Quin here Mr ready present chairwoman grani here our board planner Mr Chadwick our board engineer Mr Lano here and our board attorney Mr Johnson here would you please join us and stand for the Pledge of Allegiance United States of stand na indivisible andice for all CH can you raise your right hand please you sarir that any testimon yes Mr you sarir then testimony that you give tonight should be Tru the whole truth and nothing yes I do is there anyone in the public who would like to speak about anything not on tonight's agenda see on application 2452 Mr Casa caala 27 75 Beachwood Road Block 203 lot 102 Zone R3 for a c variance to construct a new twostory single family dwelling with attached garage covered porch and open Deck with stairs contrary to section 43035 column 3 and section 43027 H second J who was the um motion please josowitz yes Petty yes Quinn yes ready yes willing not here oh grani yes then we have 2460 COGIC 200 uh weo Road yes application 24 colon 16 cologic 200 weo road block 737 Lot 2 zone-h s-5 A minus site plan with a G variance for fuel storage capacity Paving and striping motion please Some Mo second Josh goitz yes pdy yes Quinn yes ready yes grani yes yes they application 24 call 22 boxer property 90 East Hy road block 737 lot 9 Zone s-58 a c/d variant for medical offices and parking Bo proper so this is an application to allow existing office Medical Offices third Flor thir [Music] FL can you raise your right hand please is there a problem with the microphone no we can't hear you that yeah you got to pull the microphones closer thank you yeah no tap on it no the map on this part of [Music] [Music] [Music] it so once again Joseph O'Neal here on behalf of the applicant boxer properties this is an application to allow for medical uses on the third floor of the building only in the existing office spaces I have with me a representative of boxer properties I'd like to have her uh sworn in so we can begin could you raise your right hand please do you swear or affirm that the testimony that you're about to give should be the truth the whole truth and not the mother truth yes thank you state your names by your last name please uh Allison Hennessy H NN s why Miss Hennessy what's the uh office address you use 90 East Hy road so your offices are in the subject matter build correct what's your position with boxer proper I'm the property manager and leasing representative so you're fully familiar with what we're talking about the I am yes so I understand that you have some tenants looking to use medical uses in the existing offices on the third floor correct these offices are part of uh what type of of offices that you use so our branded name is workstyle they are small individual private offices um they're usually a couple hundred square fet um they're really meant for one maybe two um office desks so this is for people who basically work from home or some other location correct these are just offices for them to use when they need the office presence correct so how often are they there would you say um for there's a number of counselors in the building um they're there I would say 3 to 5 days AEK excuse me could you please bring the mic closer to you sure thank you is that better yes okay better so the counselors are there three to five days and what type of counseling do they do um so I know a lot of them do talk therapy counseling we have a couple of nutritionists in the building as well and the zoning office is classifying these talk therapists these nutritionists as medical uses correct requiring medical offices in the uh in the building right now they have to see if they're seeing anybody they have to see them off premises right um because it's not permitted it's now permitted at the current moment correct so this would allow for them to see them in their offices correct how many patients do you think this is going to be usually they see one patient at a time um I want to say we've got maybe six in the building so maybe six per day or per hour I you know now in the in the parking lot we're asking for a parking variance and uh what's the condition of the parking lot right now is it generally full during the day no it's I would say maybe half full um Monday through Friday it's really we've got a plethora of parking yeah you a little louder I'm having some trouble sorry we we have a plethora of parking it's there's never any overcrowding issue there's never nobody's ever at a loss for parking you've got 357 spaces on site right correct and uh under the ordinance of course we're required to have 382 spaces that's my understanding right so 25 short do you have a about how many what's the percentage of occupany the parking spaces would you say I I would say less than 50% are occupied during the day so back to the offices what what are the hours that these uh people will be utilizing um a lot of the counselors will see people off hours so usually at night and on Saturdays um during the day I think it's a little bit more minimal um most people are seen like I said after after hours how late is your office building open it's open till 6:00 um yeah we do have 24/7 access but the typical building hours are 7 o'clock in the morning till 6 o'clock at night do you anticipate some of these patients will be after 6 o'clock in the building some um not many but some thank you I have no further questions from Miss henison are there any questions from the board how did you derive it the number of parking spaces in the site this has um will we counted the number of parking spaces that we have on site yeah okay yeah cuz it wasn't on your site plan we we ask Miss hesy to count the spaces okay what other uses are currently in the building um building wide we have a couple of law firms a couple of construction companies um an architect it's it really runs the gamut so somewhat similar to the use that's being proposed um in terms of how many people visit and things of that nature yes any other questions from the board Madam chair if I might please um Mr what was the parking existing parking total you quoted I believe it was 357 did I get that wrong hold on second okay I I had counted 342 Mr MCD counted 382 and when I confirmed with Mr MCD he said he sent somebody out out and he got the 342 that I got yeah the oh 342 I'm sorry 382 I think 382 is what's required okay not not not on site 382 L 25 is of course okay yeah M I'm sorry Mr McDon said 357 yeah and then he he agreed with me at 342 I think yeah my my math was wrong I'm sorry 382 was what's required yes 382 is required but your testimony is that there are many empty spaces correct every day correct okay that is true I I go every day that area okay any other questions from the board um in my report I noted that the parking spaces were not really the the parking striping was not was no longer legible and also that the that the assess access parking spaces didn't meet Ada so we actually just had a new ramp put in on the Ada section speak to the mic please sorry we just had a new ramp put in the Ada section that was just completed um two days ago so that was done on Monday the striping is actually going to start on Friday so Friday and Saturday the striping project will be will begin and by Saturday it should be completed and they then they'll be compliant correct okay thank you I have no further question no no further questions I don't chair thank you I have one other question do you have plan any signage on the building other than little name plate some no we don't have any Monument signs um other than just the you know our housy corporate center sign for the building itself um that's it so you have to go in the lobby to know that they're on the thir correct yeah is there anyone in the audience the public that would like to ask questions of this witness on her testimony see none would a board M like to frame a resolution please is he done are you finished Mr O'Neal I apologize I am uh apparently Mr MCD is not here so I could provide a little planning testimony please okay we of course not really testimony but I'd summarize what Mr mcdna has his report maybe a little filibuster until John shows up uh of course we're talking about a use variance here because medical uses are not permitted in the zone the normal reason for that is related to Traffic impacts of medical uses that is not what we are talking about here uh we think it is a stretch to classify these therapist uses as medical uses but be that as it may they are medical uses in the eyes of the zoning department so we will require a variance for these minimal impact uses parking variant is of course an existing condition we're going to be doing improvements to the striping improvements to the handicap access already uh so everything's compliant no changes in the parking lot except for the repair that I just described so there's no real negative impacts on the outside no signage noise anything I'm sure John was going to say the minute he shows up any second that he sees that the board can grant these variances and uh with no problem at all this is is only pertain to only one floor right just the third floor third floor top floor not sure we need Mr McDonald I think you're very convincing okay thank you the uh pictures in his report have any idea what time of day he took I don't I do not know I believe it was the middle of the day I'm just show because it it shows that parking lot fairly empty yeah that's my experience also with this building is most of the time is like parking lot is pretty are you asking the board to accept Mr McD report in of his testimony I am asking the board to uh consider that as a summation of Mr McDon position acknowled Grant the variance don't want to make any judges mad about me testifying I was good de that any other questions from the board no someone on the board like to make frame a resolution please can I just yes please would any of the board members have any questions for McDon should would if he was here to ask I don't think you satisfied with the opinions contained in his report I do I'm satisfied problem okay great thank you all right so I think uh as it's been explained the big issue was the parking spots I believe not only by your testimony but my colleague uh Dr ready saying that he goes by there all the time and it is empty often that this is the Minimus in nature and uh I'll be voting for it application 24 call and 22 box property 90 East Al road block 737 lock 9 Zone a cd-5 a to issue or Grant a c/d variance for medical offices and parking Medical Offices only on the third floor second dra burwitz yes josowitz yes Patty yes Quinn yes ready yes gani yes the resolution is approved thank you the upcoming meeting and uh we'll be mailed to you within 10 days and at that time uh you can apply to the Zoning for your construction and Jo thank you so much good luck you can give thank you Mr McDon m was perfect I farington yes yes application 2432 Ronald farington 8 West moris Avenue block 73 lot 7 Zone R3 C variance to construct in addition roof porch entranceway stairs patio walk Second Story Edition and install an air conditioning unit contrary to section 430-3500 firm is the testimony that your G should do the truth the whole truth I do say your name by your last name please it's Ronald farington f a r r i n g21 please give us test Tooney sure uh okay so this property is 8 West moris AV I'm going to start off by saying it's a mount Taber uh property's been vacant for approximately 7 years as it was bank owned uh I purchased it in February uh what I did was I went to an architect I got some plans drawn up uh and obviously I'm here before you for some variances uh it was a two bed one bath I'm looking to make it a three bed 2 and a half bath Uh current front porch if you look on the uh survey the lined portion behind the porch is a current front porch that's actually part of the foundation so I'm looking to just close that in and make that part of the first floor that that portion will only be one story high correct the the one I'm going to build will be only be one story the one that is diagonal lines through it that's currently has foundation on that's part of the footprint yeah uh so the structure is still up what's that the structure is still up structure still up yes absolutely uh so I'm going to close that in make that part of the first floor uh and then obviously going up to accommodate the space on the second floor um it's currently 736 ft I'm looking to add 449 a half making it approximately just a shade under 1,200 square ft living SP that crossed area is almost 400 ft I'm sorry that cross cross hatch area is 400 square ft wa which cross hatch I'm sorry you said you were going to go from what seven how big is that so the current the current living space first and second floor is 736 ft okay and I'm going to add 449 which is mostly second floor and then that little tiny cross-hatch on the on the first floor to make that part of the first floor and then go off on the second floor okay so the footprint itself is going to stay the same are you going to lift the ceiling or the roof on this house no the the roof line will be the same height So currently there is nothing over parts of the first floor so I'm going to be going over parts that are not that have it does that make sense so I'm not going up any higher I'm just going out over the second floor over current living space uh so the extra square footage for the impervious coverage comes in for the porch I'm going to add a patio which I reduced uh the square footage I also going to add a walkway paper step walkway instead of a full walkway that reduced my coverage and the store stairs for the front porch uh which totals 3 152 ft of imp impervious coverage uh because my lot is so small again being in Mount Taber it's only 2400t property that's why the percentage of the coverage looks so big when you look at the increase of the imperious coverage so total I mean you're only looking approximately 20 ft by 18 ft of impervious covery I'm adding but the percentage is so big because the property is so small does that make sense okay uh I have already spoken with engineering worked with them submitted a plan and it's already approved to handle storm water coverage so that is already dealt with I'm sure you have a letter there uh for the approval yes dated October 18th 2024 so all these issues in his letter 5 six seven the dryw they've all been handled they've all been handled that's correct uh and any neighbor I've have spoken with can't wait for me to get started they were looking for an improvement because like I said the house has been unoccupied for seven years and is starting to deteriorate I'm looking to redo the entire thing so since the last time you were here you reduce the size of the patio correct and the size of the walkway and you change the walkway from a p set in sand walkway to papers correct so instead of a full walkway four feet wide the whole length I just made it stepping stones got to reduce the coverage that's the those are the only changes those are the only changes Ru and then out of the drywall obviously and is that the only place you could put the air conditioning unit unfortunately yes I did bring the plans if you'd like to see so three sides of the house are not my property you got the street the back is my neighbor's property Far Side is the neighbor's property so the front front of the house which is really not the street side but it faces the yard is the porch and then windows so I have to go to one side of the windows and the one side that it fits is literally right next to the street it's the only spot to put it how high is that masonary wall front uh I don't have an exact height it's probably yes it's I don't know about two and a half feet and then the ground slopes up a little bit from there and then the air conditioner will be on top of that correct that's correct you put a bush or something in something to block it I don't want anybody to see it okay do you know why the front yard setback has gone from an existing zero to a pro proposed 16 and A2 I don't understand that all I know is that the setback is what 40 ft and my property is only 37 something feet so understand that well you encroach on you have no setback you're in the street yeah is that the uh RightWay line right there right through the front of the to yeah his back corner is proberbly his neighbor using for something yeah I'm over my on my neighbor's property on the back and apparently my neighbor is on my property for part of the right part of his driveway or whatever you guys get along you have to out there yeah yeah part of the house is actually in yeah yes are there any questions of this applicant from our board members I gu the question is in terms of rehabing this house you're going to keep keep its character I'm going to keep what its character absolutely I want the house to fit in the neighborhood uh it's going to fit right now it doesn't to be perfectly honest with you whoever had it before me put aluminum siding on it looks terrible I want to go to B and Baton and make it uh you know the trim and everything to make it look and fit absolutely and that's actually part of the plans is actually on there is there anyone in the public who would like to question this see is there anyone in the public who would like to speak in support or opposition to this applicant I see none any other testimony you'd like to give us this evening no maam okay would one of the board members like to frame sure a resolution please I think it's a good application I think uh you went you talked to engineering you addressed all the issues when it comes to the runoff and the drainage you're improving an eyesore uh you're keeping with the style of the neighborhood and I will be voting for it okay we have a motion please so more uh applic 243 col 32 round farington 8 West Mar Avenue block 73 lot zone uh lot s's on R3 recommend gring a c variant to construct an addition roof porch entranceway stairs patio walk Second Story Edition and install in air conditioning unit Contra sections 43035 columns 4 uh addition porch AC unit front yard seven addition in patio rear yard nine patio accessory rear yard 10 and 13 second Ed burwitz yes JT yes pedy yes Quinn yes ready yes grani yes resolution will be approved at our next meeting that time um you'll be receiving your application within 10 days and you can apply for your zoning and construction permits of luck good luck thank you application 24 colon 45 Lillian Whitney Morley 58 Summit road block 323 lock 11 Zone R4 a c variance to install an air conditioning unit with pad replacement contrary to section 43035 column 8 sney can you raise your right hand please you swear or affirm that the testimony that you about to give should the two can you state your name and spell your last name sure my name is lilan Whitney Morley my last name is w t NE y hyphen m o r l e y thank you this application for a replacement of an existing yes the existing air conditioner was about 30 years old I'm assuming um and was not fixable so replacing what was there fix for too expensive to fix not worth it and it will be placed in the same location same location yeah is it smaller or it's actually um the pad is the same size but the the unit itself is smaller this way it's 28 by 28 versus this big wi thing so it is smaller looking at this way much quieter two yes much quieter much much quieter this is yes years old sound like a truck yes um anyone in the audience that would like to question this applicant see none U this is a dominous application uh I think at some point there has to be some changes we've discussed that many times manytimes I agree I agree maybe she needs the variant to replac yes I know yes yes can you all the wiring is in place so that's why it's maybe we should have an ordinance yeah well I think it's I think it's been mention personally thinks people have to come here yes any any questions of this applicant from the board no no would one of the board members like to frame a resolution please I application 24 calling 45 Lan Whitney Morley 58 Summit road block 323 11 Zone off for recommend granted varant to install an air conditioning unit with pad replacement contrary to section 43035 column 8 second ready burkowitz yes brani yes josco yes peddy yes Quinn yes ready yes willing thank you oh Willi yes he's not here good thank you resolution is passed with the next need okay thank you application 24 colon 50 Anthony 6 upper Pond Trail block 117 lot 6 Zone R3 C variant to legalize the previously approved twostory single family dwelling Second Story deck necessary retaining walls existing first story deck to remain existing dock to remain and shed contrary to section 43-35 columns 34 roof of dwelling and shed not previously approved 10 and 13 section 430-10 I good evening will you both be testifying yes uh raise your right hands please you swear or affirm that the testimony that you're about to give should be the truth the whole truth and yes okay good evening are you Mr Anthony no that's Mr Anthony okay so so state your name by your last name uh Kus J Antony a& p o n y can you hear me and Sir Frank mariconda m a r i c o n d a okay great who would like to start testimony please I will good evening uh um uh um I I'm uh some of you may recognize that I were here two years ago with a set of uh variances that you were kind enough to approve now uh uh uh I'm here uh uh with surprise outcome so when the the the uh uh survey has finished the project came out the the stoning officer uh uh found another set of variation from the original originally approved variations so as a result now it it was a surprise but we are also finding out at least to me I'm not an expert but I'm finding out that it all happened because of the fact that original plan that was submitted for approval did not have uh the roof overhang included in the plan so that throw everything off so that is why most of your variances that you have in front of you came out to be uh in addition to that what we my wife and I Regina and I we did is we added a a garbage shed uh uh at the in the front by the garage uh that is only just to keep you know for the that is only adding a a a curb appeal in addition to just protecting the garbage can from the wind and uh frequently visiting bears in our neighborhood so nobody nobody the ever since that we sent out the letter to the neighborhood nobody everybody's in support of this uh uh application and I have not heard any complaint about it as a matter of fact uh I took up on the offer for one of our residents to come and speak uh himself um um that said so as a result I brought Mr Frank mariconda to help me with any technical questions that you may have he's the Builder the the proprietor of uh the build a Heritage homes from Denville uh which we are happy about you know that the whole output output of this project but he's here to help me I didn't hire him or anything he's here to uh uh to help me out with the technical uh partner can I ask you a few questions yes yes sir so the lot width variance allowed 4401 proposed 40.4 is that because the plan that was submitted back in 2022 when the original resolution was adopted was incorrect Mr Johnson can I answer that sure okay I want to start from the beginning I when I was hired I received a set of drawings from an engineer and I also received a set of drawings from an architect um there was that exactly what you said it was noted that it was approved for 44 when we went back after the property was done surveyor came back out and had the property noted at 40 um so nothing changed with the size of the property but there was human error somewhere along the way there was human error which led to a series of things that happened including perious coverages it threw off the percentage um and it threw us off by 5% or so there's also a front issue um and what happened again and again I'm only as good as the people I hire he's only the good as people that he hires when I got the set of plans from the engineer there was a wall uh currently against the deck they did a very beautiful deck before I got there and they wanted to preserve that there was a wall sitting underneath the existing house that was to remain on the plan it was a stone wall we were going to verify and field if it was usable as we were doing the construction we realized it had no footing underneath it whatsoever so the wall basically crumbled um in calling the engineer firm that did the original site plan that made that error they came out and they set new Stakes for me unfortunately when they set the new Stakes they set their stakes in front of that wall that was crumbled when in reality it should have been back 11 or so in so when I had my markouts done in my offsets and I built the house the house automatically out of the gate was 11 in more closer to the road than it should have been it was again human error on part of the same company um as we got through the project and we built the house the plans that were handed to the engineer from the architect Joe Bruno depicted a shed roof coming off the garage now when the setbacks were originally approved that plan was approved without seeing a shed roof I had no knowledge that this wasn't approved when I built the house I put the shedro on which now the town is looking at the shedro as the furthermost point now it's knocking me off even more so now if you look at the the um charts here uh addressing the front yard setback it was allow at 10.3 I ended up on the plan uh the original plan when the when the as built was done I ended up with um originally 9.4 to the house so I was off by about 13 in which was the equivalent of that stone wall in the back that they marked in front of now if you look over to the left of the original uh asilt survey you'll see the roof now is putting me at 6.8 to the road which again was never approved in the original plan but when I got the plans from the architect this was the set of approved drawings okay so the front yard setback isue is created both because the house is located closer to the front yard setback than the original approved PL correct and because the shed roof overhangs that by another yeah the the original uh the original variance was approved without that depiction of the shed roof so in reality if my house was marked where it should have been marked I would have been right on the front 103 setback but even if I was there now the roof is causing them to go into variants I would have still been off by 7 ft or so so the size of the house has not changed ex the same from what was originally exactly right on just its location on Prop it's just its location on the property so if that's true Mr Johnson why is there the build building coverage greater and the impervious coverage greater is it just that roof I I think there may be other issues as well like maybe the shed is creating an issue there yeah but we also lost now remember we had our approved 44 ft now we're at 40t so we lost shr small got yeah we lost the length of the property by 4T okay so they didn't build a bigger house I know I built the exact same house but the original survey was incorrect yeah unfortunately all the calculations correct unfortunately we caught a errors during construction that were kind of uh detrimental now let's go to the next one the shed so the shed was not at all part of the previous approval no there was a there was a a small there was a stone wall there existing with a small cutout where the previous owner well that was like there they they used to put the garbage there in the 11th hour we decided once we started seeing that there was some animals going in we decided to put the shed in for them uh we did take it down at one point and then it started getting crazy again and we said let's just go for the variances so so why does the shed need to be located 4T from the front yard setb it's actually there's nowhere really you're you're if you look at the property and you out to the the house the grade goes up immensely that the the garage is basically down at Ground uh ground level but there's two retaining walls to the right and to the left the only real way to come out of the uh house with garbage is the garage um if they were to put the garbage outside it would be sitting up probably four or 5T in the air 4T probably in the air that's that's something new that you're that he's asking yeah he'd like to add the question is why can't it be in the garage what's that the question would be why can't it be in the garage oh I mean it certainly could be there's it's it's a single car garage so it would have to be moved out there is room yeah not enough room but it'll be a hardship actually but it is not bothering anybody interfering with anybody how big is this shed uh shed I show you the picture can I present the evidence no just just tell us the how just tell us the oh uh uh I would say you're probably looking at about 5 feet I mean if you want to pass this to the board I can i' be want us to look at it we got to mark it have to keep it yeah we need so we're going to mark that is A1 this is a photograph yeah that's the shed right there to the left okay you can keep those the ground on in the back of the shed is about 4 ft high so we are only talking about another 3 1 and 1/2 2 ft if you look at this Photograph the sheds on the left hand side of the photograph correct yes sir and that's the roof that was in discussion is the roof that's hanging over right at the garage point that put us over yeah how big is the roof the roof is about 2 fo one Ines projecting from the house can you see the picture fits right does fit right in it goes with the garage doors right yeah I also have a couple of other pictures in the set just to show you that even with this additional variances that you approv uh uh it won't stand out like an exception in the neighborhood it is very normal that those houses the pictures that I have provided they are about 2T or up less than 4 ft from the street it is basically sitting on the street so I'm not like you know this is not my house is not going to stand out like an exception and what have you done about drainage drainage um uh we had to we were asked by the engineering uh uh to put up a CP pit which we did that it's a big cost but I I really think that I'm glad you brought it up it was not necessary everybody on the lake having the Waterfront is used in the lake as the cpage pit I'm probably the only one have a CP P at a cost I still that is all about me wanting to do you know be compliant to the requirements that is why I did it at a big expense and it's all working it's working fine yes okay all right now we need to talk about the retaining wall in the RightWay so was the ret there's a retaining wall that's in the town's RightWay is that a retaining wall that was constructed as part of this construction no that's pre-existent that was pre-existent yeah that that was not not to remove that it's it was no I understand that but that is it's noted on the zoning officer's review of the application the pre the previous application this application now I don't know if you've seen that review but there is a um yeah it was pre-existing if you take a look at the picture with the number four up rainbow Trail the picture that I have provided that wall is a continuation of my neighbor's wall so it's all didn't seem seemless I only bring it up because this board does not have the authority to Grant you approval to have a retaining wall located in the town's RightWay only the Town Council could grant you that approval but that what shouldn't have been addressed before handed out I'm just telling you that this board cannot Grant approval for retaining all in the town's RightWay are we going for that I mean was that something they requested in the variance no it's not something that you requested but it's something that the zoning officer noted as a condition on the property and Zing officer also had the um opportunity to look at this prior to the original approval I think more important is there's no comment from the township engineer who would have more jurisdiction on the right away and the rainbow laks area I there's lots up there don't have retaining wall of the street but not so so we don't have to take any action don't have to take any action think that we were approving your retaining Ro the I got you thank you I also just wanted to add that when I saw that on the zoning officers report that I reach out to the engineering department and uh uh uh uh have asked them to let me know if there would be any concern I twice I reached out and they were well aware of that and I have not received any you know anything to the to stting that they have a concern the only issue would be if the town wants to do something within it right way and youring wall is in their way so what I understood if that would happen then we will have multiple many people in the neighborhood will be affected by that thank you any other questions no any questions from the board any questions from the audience of this applicant on the testimony that he has given this evening see I have a question Mr Johnson uh the necessary retaining walls and we're not going to be approving them is that something that has to be eliminated he's not asking and we're not doing and that's not within your jurisdiction okay so not asking for appr he is not asking say something Fring him to deal with the town on that when a resolution is framed the retaining wall will be eliminated from the statement correct okay thank you would someone like to uh frame a resolution please well first I'd like to say that uh everything looks good I think there was some honest mistakes made but no harm no foul uh so I will be voting in favor just move on application 24 col 50 kalistus Anthony six upper Pond Trail block 117 lot six Zone R3 recommend ring a SE variant to legalize the previously approved two story single family dwelling Second Story deck existing first story deck to remain existing dock to remain and shed contary session 43035 column 34 roof of dwelling and shed not previously approved 10 and 13 section 430-10 I Mr CH I just say one thing if you want to make a correction board it's it's upper rainbow Trail not upper Pond Trail I don't know how that like that it's upper thank you no problem noted second burtz yes jitz yes Eddie yes Quinn yes ready yes grani yes thank you appreciate it thank you nor thank you what they everything [Music] was application number 2455 Lydia and yolinda Bender for Parkside Drive block 763 Lot 2 Zone R3 a d variance for a two family home can you raise your right hands please just swear or affirm that the testimony that you're about give should be the truth the whole truth and nothing about the truth I do you can have good evening everyone my name is Elena binder b n d r this is my mother Lydia binder b n d r before you get into the meat of your testimony you've been here before you were here on the appeal a few months ago um did you happen to read Mr Chadwick's planning report the August 13 2024 know this this document right here did you happen to take a look at that yes [Music] [Music] so one of the things that Mr chadwood correctly pointed out is that what you're asking for is what we call a d or a use variance and typically when an applicant actually it's required that when an applicant has that kind of an application they have a report and testimony from a professional planner to explain the legal and planning rationale to grant that type of variance do you understand that you don't have anyone to provide that type of testimony tonight and it's complicated and um important testimony for this type of application and I know you don't have councel an attorney with you tonight but I wanted to point that out to you before you get into the heart of your test testimony to see if you would like the opportunity to retain a planner and perhaps an attorney as well to provide that type of testimony I mean we were told that an attorney wasn't uh necessary that it was optional for this uh use uh variance and it says here that the board has the authority to wave this requirement in terms of the planner they they can wave it they don't have to wave it but it would be very difficult for the board Who currently has six of its members you need five affirmative votes to approve a use variance application without requisite planning testimony so you you might want the opportunity to retain a professional planner to provide that type of testimon I'm just asking if you want that opportunity I mean I don't know what to say I'm not sure how to answer that because the last time that we were here you all unanimously pretty much said insisted that if we applied for usarian we're almost guaranteed to get it granted I don't think that's how it came that's not our intention but it's it's they they the board can't Grant a use variance without making certain findings that you have supplied the requisite evidence to grant that type of variance and I I can't give you legal advice because I'm not your lawyer okay and you and you decided and you don't have to have a lawyer you own the property yourselves you don't have to proceed with a lawyer and you've chosen not to proceed with a lawyer but it's a heavy burden of proof that you have to satisfy to get a use variance and without planning testimony it may be difficult for you to satisfy that burden if you don't if you don't want that opportunity and you want to move forward tonight that's your choice so if we moved forward tonight and uh if for some reason you don't grant us the approval what is the next step how does it work I'm I'm not sure what and they don't Grant the approval can't do it that's you would have a right to appeal but and go through the spes all over it would be very difficult again I can't give you legal advice but without the testimony and the record your appeal would be very burdensome and isn't is it fair to also say Mr Johnson that in the past this board has looked very uh stringently on that request are we GL to say that on these types of applications yes yes can you repeat that in the past I mean I've been on the board about nine years I think these are not often approved that that is not what you all said the last time that we were here if we understood it that way if we heard it that way we wouldn't have gone through this process and you know spend the money and the time and you know you guys almost unanimously said that we needed to apply for use variance you know for for this use variant with the deed restriction and we complied and we followed everything that was uh requested but you didn't Supply the board with any planning evidence as to the reason to Grant the D variance you know we tried looking for first of all it says here that it can be waved second we tried looking for a planner we asked for recommendations for a planner we finally found someone just a couple of weeks before this date because we kept not getting even information of what a planner is what a planner does where do we find one um when we finally did the planner said that they would not be able to um do this job in in in the time by today's date so you know did they give you it an idea about how long it would take to supply the report is there she said I don't know I didn't speak to her my mom spoke to her so I I spoke to her she said it will take her a couple of months they can her she's busy not on the out case we we reached out you know including to Nora to ask for recommendation of planner she said that they don't do that specifically for this thing um report and I talk to Nora and I wanted to see John Chadwick you you um about this what it is what do we need to do what do we get if from Nora said don't go see him you don't have to that or you should not see him Mr chadrick is the board's planner that and that's what I told her I didn't say you didn't have to I said you cannot because he represents the board of adjustments he cannot to you right the question wasn't the request wasn't for him to represent us rather to give us Clarity how required this is where do we find a planner like how does this all work this is completely new to us we I had no idea what a planner is is the first time I'm hearing about such a profession at all you know you know who a lawyer is you know who you know a builder is but I've never heard of a plan you know who an architect is uh so we just wanted some clarification and guidance but we were told no you cannot see him reach out to him which we didn't we complied with that you got you got Mr Chad's report right yes that's why I came here right and that report is dated August 13th right yes AUST I came here and the and I said sorry uh and they said I'll go to see John Chadwick and she said don't there there was no need Mr Chadwick G in his report I wanted to talk to him asking what it is who do we hire like where do we find the The Specialist because I never heard about such specialist besides besides when I submitted the package and you have cies of everything right interrup a second it seems like just going around circles there you know that there is a profession you talk to a planner he told you you didn't have enough time to get it ready for tonight yeah that's we talk after all of this let me finish have you made a conclusion that you would if he had had time you would have gone forward with his preping a report and coming testifying if they would have have time to get it ready for today then ask the to adj this case first of all you only have six people here that means you have to get five out of six that the odds get better if you have to get five out of seven that's how many votes you need and you need to talk to the planner sit down figure out his schedule get the report you're pretty clear that the board is not going to wave this report and you're in a learning curve that to push it it's not going to be successful in my opinion and from my understanding you had reached out to Mr Chadwick and he had reached out to your attorney we did not reach out to Mr chak would ask for your recommendation this was just my what do you want to do and Al besid when they submitted the whole package are you going to answer my question nobody nobody uh told us excuse me excuse me ma'am are you going to answer my question the question is do you want to proceed tonight without a planner or do you want to come back on another night with a planner that's the question you have to answer [Music] no well I guess you leave this pretty much no choice we have to come back and do this all over again Nora may we have a date please to carry this application before you give him a date the last time you spoke to the planner that you did speak to approximately how long did that person say it would take to get a report want two months two months two months when when was that like two months ago or last no less than two weeks ago two weeks ago okay so may put down two months and now okay I will I I don't have anything El I just want to say really quickly an email was sent to Mr Chadwick it was sent to him by I guess your mom you emailed Chad Nora is saying Norah is saying that an email was sent Miss Bender we're going to be young carrying this application for you is that what you would like us to do to carry this application yeah doesn't look like we have much of a choice all extensions correct to make a decision M January 15th January 15 January yeah you said you said two months right three months they Carri this hearing over oh okay are we going to have without further [Music] Noti without further not nobody's here on it right no you understand what we just said you don't need to not notice again you just need to get the planner and sit down with it janary is the date okay I would act swiftly to hire the planner okay okay do you need the planner to come here for he yes the planner needs to come and testify on the 15th needs to supply a report and come testify okay do you need to see the report before yes once you hire the planner the planner will know what to do but act swiftly to hire the planner let Google planner let go I move rejourn case to January 15 yes no further second January 15 January 15 motion2 second all in favor [Music] I we we did okay all right okay okay application 22 col 04 Casa Walla 130 Troy Road Block 726 lot 15 Zone R3 site plan with G variance to construct three town [Music] halls 224 [Music] good evening everyone Joseph O'Neal here on behalf of the applicant is behind JC okay okay I know where it is okay this was a bated application the uh applicant has already been granted use all variance approvals this is the site plan section with no variance what I'd like to do is introduce Mr Matarazzo and have him SM just where or affirm the testimony that you're about to give should be the truth the whole truth and nothing but the truth yes I do state your name SP your last name Frank Matarazzo m a t a r a zz o Mr Matarazzo you've testified a number of times before this board in the P isn't that correct yes and your licensing is still in in effect yes I would submit Mr matazo as an expert for engineering purposes he acceptable Mr mzo you fill us in as to what it is is being proposed here okay so um the s's located at 130 Troy Road Lot 15 block 726 is located on the Northerly side of Troy Road approximately 500 ft west of bald baldman Road located in the R3 Zone the property contains a single family a one story single family dwelling masonry garage and a circular driveway currently uh the lot area is approximately 1.24 Acres uh it's has an irregular shape with u a portion of wetlands on the Northerly uh section of the property can you please speak into the microphone or just speak up okay so the proposal is to De demolish the ex 16 dwelling uh and construct one building containing three residential townhouse units uh each unit will have uh a a onecar garage a onecar driveway there's also a parking area proposed in the front of the building uh there's two driveways as you can see on the plan there's an entrance only driveway on the right side and an exit only driveway on the left side um there'll be a total of nine parking spaces and uh that's because you have each unit will have one garage space and one driveway space so the three units will have six parking spaces then there are three additional parking spaces located within the uh parking area um we have five five proposed light fixtures three of which will be building mounted two light fixtures will be pole mounted one on the entrance side of the driveway one on the exit side of the driveway we are proposing Landscaping along the front of the uh parking area um the remainder of the site will be uh lawn area storm water uh is addressed by the means of an underground tension system which uh consists of a ctech chamber located within a gravel pit it operates similar to a drywell system that detention system is located under the two parking spaces located on the right side of the parking storm water will be captured uh storm water run off from the the parking area will be captured in a catch Basin located in the parking lot and piped to the underground detention system similarly the roof leaders will tie directly into the underground detention system as well overflow from the dryw will discharge via an overflow pipe towards the rear of the property uh just before it reaches the wet land buer area uh each unit will be serviced by individual water and sore connections as well uh which pretty much sums up the the site plan aspect can we talk a little bit about storm water yes the the storm waterers provided um storm water management is provided by the means of an underground uh detention system which is um similar to a drywell system however it's more of a shallow system thank you Mr matazo no further questions for this did you review the town Engineers report yes and you're satisfi all those conditions that out there in that yes those are all comments that can be addressed and these units are too B bedroom I'm sorry two bedroom units three bedrooms three bedrooms and Mr Lanz had some comments just m chair I've got a a bit of a question and I think I'm not sure have it but the packets that were handed out uh the plans are dated or revised um November 20 of 21 those are the plans that were handed out in the packets the plan that I reviewed was December 5th of 2023 so the plans and the packets are two years older than the ones I reviewed right there's a reason for that because when they sent in Revis plans uh they only sent you know exactly what was needed for review they didn't submit enough for everybody so the plans are the same the some of the plans are more occurring uh Mr Johnson has a very current has the most current set M grani made uh but the others was there any sub change to the plan other than the date there must have been something can I just have a moment to conf with my [Music] Cent 2 no I don't I have this [Music] [Music] one I've got I've got I've got rision 16 2 I I Mr mient only a certain number the June St sent five is there a significant change there well the problem is we don't know for sure oh the uh there changes in the stor obviously because of changes in stone War regulation that may have changed some great which we cannot answer right so Mr L manowitz has revision 15 125 2023 correct correct my my report reflects indion die uh it appears that at some point in time a revision 16 made what what's on the what's on the easel um these plans the last provision is number 16 February 1st 2024 that's that's we're going to need to adur so so the the that you are seeking ultimately seeking approval for are revision 16 we will get back those are the most you're not sure okay I was going to hand this to Mr L man let me submit new PL well hopefully the same plans you have be careful some of you not BR well F eyes [Music] and they have 16 here I have 16 you have 16 I didn't look would yes pleas early as possible dat since this is obviously a printing problem uh about how long do you need to finish the application time there's no Vari so very very quick like can we get it done in half an hour I could give you a 700 p.m. special I can do is that okay with the board when can you find out which map is on first which will be January 15th by the way by January 15 for sure all right may have a motion please to uh carry this application to January motion second no further notices right that's correct all extensions granted through the fur the notice 116 2025 16 or 15th is it the 16th or the 15th it is the 15 uh um I'm sorry I'm in the wrong here oh uh at 700 p.m. 7 p.m. okay all in favor I thank you everybody have a great night thank you you too take care thank you m yes motion I'll get you the may we have a motion to adj please motion second second I all approved all yes