##VIDEO ID:xXnm8BrsGXo## e e Board of adjustment meeting will please come to order adequate notice of this meeting was provided in the following ways notice published in the cier news notice posted on the bulon board at the municipal building notice made available to the Township Clerk notice sent to the curry news and the Star Ledger will the clerk please call the role Mr tiller here Mr Patel here Mr reio here Mr BL here Mr mandoo here and chairman K here please stand and salute the flag over my shoulder here I pledge allegiance to the flag of the United States of America and to the Republic one nation under God indivisible with liberty and justice for all Mr Canal do we have any changes toight tonight's agenda yes we have several changes to tonight's agenda the two Ronco development applications 146 Hillside Avenue and 160 Hillside Avenue are adjourned at the applicant's request until January 9th 2025 with no further notice the application of Mary Joe barnowski is postponed until January 9th 2025 she must notice the people on the property owners list Within 00 ft finally on switch 51 New England Avenue is adjourned until January 23rd 2025 with no further notice those are all the changes that I thank you Mr good okay bye okay let's move on to item number six 24- zb- 76v new Singular Wireless AT&T is Christopher Quinn present uh yes good evening can everyone hear me okay yes we can great sir thank you very much it's all yours okay great thank you so again uh as mentioned my name is Christopher Quinn I'm with firm penel Halper I'm here on behalf of the applicant new singer Wireless PCS LLC which everyone knows is AT&T um this is I'm gonna give you kind of a a prequel this is the first of a several applications you're going to hear me on over the next several months um it's one of those modification projects where your ordinance and your practice of the township has been to require carriers to come before the board to make a formal interpretation that any modification to their facilities comply with all requirements they meet all code requirements and that they're appropriate uh and fit within the federal guidelines for a permitted uh modification um just by way of background uh this is AT&T is proposing modification to all of its sites uh in piscato way in fact primarily almost all of it sites in the entire country right now uh it's part of a national Nationwide equipment modification project they're doing where they're basically replacing most of their equipment and most of their antennas on on these facilities um in order to do that it's done in order to accommodate future growth and development for the network for future needs coming for the decades ahead um but for this particular application the property it's a 1711 SEC um South 2 Street Lock 2011 lot uh 2.02 it's in the M1 Zone um AT&T's had antennas on top of this water tank for decades I think I've been here at least three other times in the past 10 years uh for previous modification applications here um what this modification is is AT&T is going to replace the existing 12 antennas on the top of the tank with nine new antennas uh there's equipment there's a shelter inside the building there's going to replace some of the equipment cabinets inside the shelter and on the outside of the shelter where there's a rack there replace some of the kind of uh infrastructure that's on the rack that's outside the shelter as well no ground disturbance no increase in height no uh increase in width um it's a fairly straightforward project no ground disturbance being proposed so it's really just a a simple modification um of their equipment and swapping out equipment for for Mr Quinn can I interrupt you the board's heard dozens of these applications recently so I just have a couple of questions for you uh no new variances are being created is that correct correct uh you're not going any higher than the current no it'll be at the exact same height and you have already said there's no uh ground disturbance correct you've supplied an RF uh report showing that it complies yes we have with there no change in emissions or well below the emissions requirement and a structural engineers report uh saying that it can handle the load that's correct okay uh Mr chairman that's normally all we require on these applications thank you Mr canel I think we can move on as well do any other members of the board have any questions for this any any any prior conditions you should extend this as well yes that that's one of the requirements as well for this as well thank you John any other members of the board have any questions or comments hearing none I'm going to open it to the public anyone in the public have any comments or questions about this application no one chairman thank you Laura I'm going to make a motion to approve this application can I get a second I a second full roll Mr Tillery yes Mr Patel yes Mr reio yes Mr Blount yes Mr Mondo yes and chairman K yes Mr Quinn will memorialize this at our next meeting great thank you and I have a feeling I might be see you in the next meeting so happy holidays everyone have a great New Year you too sir thank you item number seven 24- zb- n10b well spring adult care uh thank you good evening members of the board board professionals I'm Tim Arch attorney licensed in the state of New Jersey um as you may recall I'm here representing Wellspring you may recall Wellspring uh put their case on before your board uh at the last hearing uh we went through all of our Witnesses we put our case on the record uh and I believe that the uh the chairman and Mr canel uh had a few questions want of the professional staff to review uh the plans just to make sure that they had time uh to review that I'm happy to report that I um I personally met with uh with Miss corkran we went over all the plans uh and I'll I'll defer to staff but I believe that all their questions have been answered and that they are all satisfied as to uh any question that they had of those uh in addition we have taken that time from the last meeting uh there was a request or a condition uh that was requested of us was to enter into a developers agreement uh we have um uh finalized that developers agreement and worked out and negotiated all the terms of that developers agreement since the last meeting um I do have uh my client here uh Mr Ben honing as well as Joan Marie Granado who you will recall both testified at the last Hearing in case the board has any additional questions uh for them um but I do believe that we placed our entire case on the record last time uh we stand by that prior testimony and I believe that we have uh worked out to the satisfaction of your Township professionals any lingering questions or any other conditions um thank you thank you Mr har U Jonathan do you have any comments to add to this I think uh we'll address everything through a developers agreement I just want to make mention of a tail condition for the uh access for the accessible route and the pickup and drop off uh Logistics and Mr chairman if I may jump in there I I have reviewed the developers agreement it does contain that tail condition which essentially says we're going to keep an eye on this for a year and if the badway professional staff have any concerns about safety they may have to come back back and rework the drop off area um I also have a resolution tonight that contains the same condition but I concur with Mr Arch that it appears that we've answered all of the open questions from the last hearing and I don't know that any testimony is necessary unless the board has questions got it thank you Jim any other members of the board have any questions or comments hear me none I'm going to open it to the public anyone in the public portion have any questions or comments about this application Miss Buckley no chairman okay let's close the public portion and I'd make a motion to approve this applic this application with the developer agreement take a second thank you please call the rooll Mr Tillery yes Mr Patel yes Mr reio yes Mr Blount yes Mr Mondo yes and chairman Cahill yes Mr Arch will memorialize the resolution at the end of this meeting thank you so much okay Tim we see I'm Sorry Miss Buckley who seconded that motion uh Cal PES Patel thank you thank you stay in 10 seconds Tim number8 24- zb- 68v Grand Homes invest uh thank you uh chairman uh again I'm Tim Arch attorney licens in the state of New Jersey I'm here representing Rome Investments um by way of a little bit of background this was this is a home that has already been built plans were submitted uh to the township uh reviewed permits were granted uh the home was built as per those plans uh and an as built uh survey was taken after the home was built and to my client surprise the ASB built survey differed from the architectural plans um that were uh submitted when I say it differed it's actually exactly the same as the plans the architect candidly admitted that he made a mistake in the calculations when he submitted it and so there was not a um coverage variants caught at the time that it was submitted in so the the home is actually built exactly the same as the plans that were originally submitted uh indicated it's just that the architect uh uh screwed up his calculation essentially at calculating the uh overall building coverage and so instead of a 20% building coverage which is what is permitted in the zone there was a I believe let me just check the agenda I believe it was a 227 if I'm correct let me just look real quick uh 22.7% uh building coverage um I do have my client here Mr Amir Ali in case the board has any questions I will note that I did do u a little bit of uh research as to the board's practices in the past um I know that uh I found multiple examples of the board granting um uh these minor coverage variances uh from uh uh greater than 20% uh 22 23 24% is not uncommon um I believe I was I was actually present at a hearing one time where Mr hinterstein said that a uh two uh 20 to 22% was di Minimus uh I made note of that because Henry almost never said that anything was Dom Minimus so uh I certainly I certainly kept track of that um so I believe that it is something that uh the board can certainly uh Grant um uh one of the conditions that we were asked to agree to was that we would also enter into a developers agreement uh just in case that were any uh any other issues that the township needed to work out we're certainly happy to do that and one of the things I do want to stress on the record is that my client is uh aware that this was an honest mistake uh if this ever came before the board on some other house in the future where this was a a trend uh he certainly is aware that that the board will view this as uh intentional and not an error and so you're not going to see this this sort of thing coming up in the future good call good call so un has any other questions of of myself or my client um I was just about to ask him so let's we can move this on quickly uh any other members of the board have any questions for this application comments hearing done just procedurally did you file did you file for a variance as we just discussed yes we're we're here not as a we're here as a variance application yes this is an official variance application okay thank you John any other members questions hearing none gonna open it to the public anyone in the public have any questions or comments about this application no one chairman okay close the public portion I'd make a motion to uh approve this application I second with the developers agreement of course can I get a roll call Mr Teller yes Mr Patel yes Mr Ario yes Mr Blount yes Mr M Mondo yes and chairman kahill yes we will memorialize this at our next meeting thank you thank you sir let's move on to item number nine 24- zb- 64b Lisa Williams caffy uh thank you members of the board board professional still Tim Arch still third times a charm third times a charm well I hope so anyway uh I'm here representing uh Miss Lisa Williams gaffy this is uh for a property at 40 Bristol Road this is a request for a um use variance uh not a pre-existing non-conforming but a use variance in order to keep keep the existing uh multif family two family home uh at the location um we've provided documentation to uh the board and to the staff professionals this was a home that was actually moved from another location and placed on this lot when the lot was created through subdivision back in 1960 um it was moved as a multif family home and it was placed on that lot in fact the home that is right next store that was on the other side of the of the subdivision is also a almost identical multif family home uh that was owned by my uh client's uh Uncle my client's father owned the home that is uh that is in question today um he in 1960 uh from 1960 until now it's been always maintained as a uh as a two family home um there have not been any significant changes uh made to it um I do have my client who is present today in case the board has questions and I also have Miss Allison coffin who's our professional planner I do want to acknowledge the report reps that I received um the first is from Mr Chadwick that was dated November 12th 2024 um he indicated uh that the photographs clearly show the building as a two family structure uh he also indicated that uh that he recommends any fire inspections be conducted to ensure emergency detectors and uh proper code is up to place we absolutely agree that that proper fire code applies that that is the case uh and then the other staff report that I have is dated December 2nd 2024 uh and um I'll never do this before I'll never do this again but I'm going to do it tonight I'm going to read it in its entirety documentation has been provided showing that the home was a two- family dwelling back in 1960 has been used as a two family since that time the dwelling is maintained and there is sufficient room for parking furthermore the lot is conforming and the dwelling conforms to the setback requirements for the Zone the staff has no concerns for the subject property to have a continued use as a two family dwelling period okay that's that's that's a Smoking Gun for me as well that's GNA be frame yes I'm G cut you to the quick thing because I think this is an open and shut case at this point once the staff gives us a report like that you you're good to go um one thing I will the only thing that I will add is we do have Miss coffin our planner here just for the sake of making sure that the record is complete for justification because it is a use variant I would like to for her to very very briefly just put on the record that uh the justifications in case there is ever any uh uh prerogative red action if your if your expert could be very brief I can be absolutely I promise thank you ma'am raise your right hand you swear that the testimony you're about to give should be the truth yes I do I believe you've been accepted as an expert planner before this board previously yes and my license is still in good standing thank you your name and address please uh Allison coffen C ffi N I work for James W Hagen's Associates for at 14 Tilton drive and Ocean Township New thank you since this application requires a use variance we do need to satisfy the positive and negative criteria it's my opinion in this case the positive criteria are satisfied and that the site is particularly suited to the use because the site uh has been developed with a two family dwelling for 64 years it is it is a two- family dwelling and that does lend it towards the particular suitability for being a two family dwelling it has two units separate two kitchens separate Living Spaces and separate entrances the site provides adequate parking uh for the two units there's no substantial detriment to the use variants it's occupied the site for 64 years without issue it is visually in character with the area in fact is one of the first homes to be located on that road it helped establish the character of that area and it's my opinion that the continued use of this site as it has been for decades would not create a substantial imposition to your master plan and zoning ordinance Thank you very yes welcome okay any other members of the board have any questions or comments about this application hearing none I'm going to open it to the public anyone in the public have any comments or questions about this application Buckley no one chairman close the public portion I make a motion to approve this application can I get a second second thank you P rooll Mr Tillery yes Mr Patel yes Mr reio yes Mr Blount yes Mr Mondo yes and chairman kill yes Mr Arch will memorialize it at our next meeting thank you so much have a wonderful holiday everybody everybody you too take care sir I believe we're up to item 12 yes yes okay that's uh 24- zb- 6B 368 Avenue he but I'm not a hater evening good evening Mr chairman members of the board Kevin moris Bridge New Jersey appearing on behalf of the applicant 368 LLC subject property is located at 368 Avenue in Piscataway Township were before you seeking certification that the existing two family dwelling at the property constitutes a uh lawful pre-existing non-conforming use or alternatively use variance approval although I don't believe we will ever need to make the use variance request before you proceed I would just asked to confirm I had submitted our affidavit a publication and mailing I wanted to make sure they have are received they're in order so the board has jurisdiction and proceed they have been received and they are in order all right thank you all right uh my intention to streamline this matter Mr chairman is I'm going to put some very brief information on the record and then just ask my client to confirm under oath what I've set forth uh if that's acceptable to you sir please proceed all right so I set forth in the application rer and I'm really summing it up the subject uh property is a two- family duplex or side by-side style uh dwelling at the subject propert property my client purchased the two family dwelling as a two family dwelling in 2007 at the time it was purchased and as it exists today uh there are two separate front and rear entrances one for each unit separate driveways for each unit ample off street parking in those driveways for each unit two separate electric and gas meters two separate furnaces and water heaters again all be speaking that this is a two family dwelling we submitted as part of our application package the tax records obtained from scataway Township which clearly show uh back to the 1956 revalve card that the subject property was being used then as a two family dwelling really the leap of faith is was it being used prior to 1953 when uh this municipality adapted its zoning ordinance we note that the tax records themselves show the property was built in 1914 I think it's clear based upon the location all the factors that I've just described that the subject property uh was built into two family dwelling has been existing about a hundred years or or a century and I do note uh that it's on an oversized lot in fact this lot is twice the required lot size and the subject property even meets the density for two units because it's it's like a double lot we had the opportunity to look at the staff reports uh there's one issued by the uh in-house staff dated October 29th 24 where I quote uh the certification of the pre-existing non-conforming dwelling uh you should be favorably considered by the board close quote you don't get that very often and then we did look at Mr Chadwick's report there's no issues in any of these reports and we are aware that uh if the board were to certify this as a pre-existing non-conforming use you really can't impose conditions however in Mr Chad's report he noted there's some wires on the side of the building that are a bit unsightly I can tell you that the app applicant looked at that he's spoken with his electrician and in the spirit of cooperation the applicant is prepared to strap or otherwise clean that up so it looks nicer it's a good thought and a good comment and something he would do anyway now that's been brought to our attention so I would I would uh just ask Mr proach to be sworn really for the purposes of confirming everything I told you Mr you raise your right hand do you swear that testimony you're about to give should be the truth yes your name and address please uh John Prof 15 Cleveland Avenue Monroe Township New Jersey thank you all right Mr Pachi you're a principal of uh the uh LLC that owns the property correct yes and you've owned the property since 2007 first in your own name and then you put it in an LLC that you're the 100% owner of is that correct correct right now you heard my introduction to the board all the information that I just placed on the record uh including uh your willingness to correct the wires on the side of the building is that all true accurate yes okay uh other than that Mr chairman I just wanted to get that on the record for the benefit of the board I do have I do have Mr Rema in the wings he's our professional planner who I thank because he helped us get all this information together uh he he would testify I'm not going to call him that he believes the record supports uh certification but unless the board is an issue I'm not going to be labor the testimony uh I think it's clear that this was a two family for about 100 years years this one makes sense it's about the clearest case I've had and I've done a number of these before the board as you're aware and we respectfully uh request uh that you grant our application and certify 36th Avenue as a lawful pre-existing non-conforming two family dwelling thank you Kevin um anyone on the board have any questions or comments hearing none I'm GNA open it to the public anyone in the public portion have any comments or questions about this application no one chairman okay close the public portion I'd make a motion to approve this application can I get a second a second thanks please call the rooll Mr Tillery yes Mr Patel yes Mr reio yes Mr blamp yes Mr Mondo yes and chairman K yes your application's been approved we'll memorialize it our at our next meeting right thank you very much ladies and gentlemen it's my last Zing board meeting for the year so uh I wish all of you the best for the holiday season and a blessed new year thank you Merry Christmas thank you let's uh s up number 15 adoption of resolution from the regular meeting of November 14 2024 uh first resolution is to four which you voted to approve Mr tiller yes Mr Patel yes Mr Oria yes Mr Mond yes chairman kahill yes next is Juan Torres which you voted to approve Mr Tillery yes Mr Patel yes Mr orio yes Mr Mondo yes chairman kahill yes next is Liberty Tech uh which you voted to approve uh Mr Tillery yes Mr Patel yes Mr Oria yes Mr Mondo yes chairman K yes last is Wellspring adult daycare which we heard tonight uh would you voted to approve Mr Tillery yes Mr Patel yes Mr orio yes Mr blunt yes Mr Mondo yes chairman kahill yes those are all the resolutions I have this evening okay item number 16 is adoption of minutes from the regular meeting of November 14th 2024 all in favor say I I I item number 17 is adjournment have every one of you please have a great safe holiday whether it's Christmas Hanukkah whatever you personally uh um celebrate and be safe and my best to all you my friends and your families God bless see you next year