e e e e are extens just we'll do it that way reason St everyone get copies of the two resolutions that on for tonight yes and you're going to make the statement on fly correctly isn't they didn't need to okay oh there it is okay South [Music] won't go yeah 10 was yeah you kind of get tossed where you need it like yeah I know din good good evening everyone the seral Zoning Board of adjustment meeting of May 22nd 2024 is now in in service will everyone please stand for salute to the flag I pledge allegiance to the flag of the United States of America and to the Republic for which it stand one nation under God indivisible with liberty and justice for all notice of the meeting has been satisfied in accordance with chapter 231 PL 1975 by advertising in the home News Tribune notifying the S Sentinel publishing company and the Star Ledger and also post ing on the bulletin board and filing with the burrow clerk roll call Mr Green here Mr kazinski here Mr Esposito here Mr Emma here Mr Bella here Mrs Godin here Mr Castle Grant here Mr here the first case tonight is 16-12 which is Clyde Auto recy 6000 Main Street Mr chairman I'm just going to point out I spoke with the uh applicants Council on this case uh they advised me that they'd like to come back to the board's uh June meeting to uh discuss this matter uh given that uh they weren't actually aware that today was the meeting date until a couple days ago and uh there are some other outstanding issues related to the uh legal complexities with this particular extension so they like some additional time to repair so um this is this isn't technically an application under the mlul so no notice was required so they don't they didn't need to notice before and they don't need to notice now for it so that's that's the Spiel on that one so all we're going to do is is schedule it for June and you're going to notify the attorneys and all parties involved that's correct okay yeah I'm going to do that the next case is 24-6 Archer capital LLC River Road similar story with that one Mr chairman I spoke with the applicants Council on that a couple days ago and uh they advised me that they would be making some uh pretty significant changes to their proposal and uh as such they weren't prepared to proceed tonight and would like to present the board with the you know the ultimate correct final proposal uh the board's uh June meeting date I will note for the record that I did review their notice they noticed for this evening I found both the content and timeliness of service of that notice to be sufficient to give the board jurisdiction uh thus in my legal opinion the board could carry that matter by voice announcement tonight without requiring the applicant to re notice either by mail or uh in the newspaper so uh if that's okay with the board I can make the the formal announcement and we can proceed board okay with that yes yes do we need a vote on that or yes is enough we don't necessarily need a vote but I think it's just unanimous consent of of board members so with that and I I believe it is unanimous consent Carrie yes I don't see anybody saying no okay so this is the formal announcement if you're here for the Archer Capital LLC application that's on River Road uh that matter is going to be carried to the board's June 26 2024 meeting 7:30 pm. here in the Township Municipal Building no further notice will be required again as I stated previously the notice was good for tonight so the board has jurisdiction over the case and they can carry the matter without any further notice being required okay the next case is 24-5 I apologize I'll have a little trouble with the first and last name of this person it's 25 Campbell Drive Mr chairman I will also just point out for the record I reviewed their notice I found it to be uh sufficient as to its content and the timeliness of service of it so in my legal opinion the board is jurisdiction over this case all right sir uh going need you to raise your right hand I got to swear you in you swear or affirm that the testimony you're about to provide will be the truth the whole truth nothing but the truth yes okay do you have any other Witnesses any other people who are going to be speaking this evening yes Miss okay okay let's get you okay he's a little confused maybe yes I will if you wouldn't mind yeah I swear you into absolutely do you swear or affirm that the testimony you're about to provide will be the truth the whole truth nothing but the truth and also that any uh translation you're going to do will be also the the trth truth on the truth okay great thank you so you're so you're the applicant's translator correct do we need her name yes we need her name need her name yes oh Suzanne proud you okay so I mean he speaks Blu in English It's just sometimes some verbage he doesn't quite get okay again sure what was your first name again I'm sorry Suzanne Prout Ru t y okay gotcha and uh sir I'm assuming your name is uh say Ador I pronoun that correct I have two first names okay I gotcha uh you're the uh the owner of 25 Campbell Drive yes sir okay um all right so why don't you tell us while you're here um from beginning like existing my shed it was on proper line between Mr George and that behind behind me just located I forget his names it was right on proper line the sh was literally like falling down I have a pictures all this information before this thing is followed down I just think let me just make it better for my neighbor and for myself to just move the shed a little bit further up front and a little bit make it bigger main reason I have a two big reason to make it some space for my kids for my nephews because usually when we have some hold that they coming out to ours house that's mean my mother my NE is we have a total nine so when they coming is literally in in the house we don't have a space to keep them together something's breaking each time I was like let me just make some space what we can have some fun fun with my family and we can stay together instead of breaking someone's get hurt we have some space over there and the second biggest reason is when I have a holiday we have a 20 many guest as usually but because our religion we cannot sit like a woman and men's together in one place we have to somehow try to keep them separately because it's not right in our My Religion when it's like when another's someone's Vibes like see to each other like eyeline that's why we trying to keep them separate always because every yeah that's why when I have some holiday something some birthday and things happen I have to just make it outside some space for the men where we can stay and woman stay inside like not always whether it's good or middle of something rain or something starting maybe this moment I can able to have it some place where I can keep you know my guest even a little bit cover space where I I got a question I want to ask you I I want to make sure I understand this you had a shed up there before and you took it down yes sir and and and you put this new one up yes sir did you get a permit to put this shed up no I didn't even know I have to get through all this because it's happened like literally too fast I called my couple of friends and I asked them what are you thinking about it say look at this it just literally follow down in a couple of days we just with my old friends we just take it down and literally in couple of days they help me out to put it together I didn't even know I have to get perit because I thought when I'm putting shed like existing shed where he was located and how it was because of the condition what I'm doing like trying to help out my proove video make it better for my neighbors and for myself I didn't I don't have any permits no you didn't have you didn't get any permits on it how long did it take you to put they shed up it's already there correct yeah weekend yeah a weekend weekends all my friend they coming and in one weekends we just put together everything a Woodshed yes sir it's a Woodshed do you know that uh Jersey Central Power and Light Company has easements on your property do you know that uh uh when I started getting a signs from Neighbors about about I forget the name how it's saying the science letter about my couple neighbors they make a rebuild the new sheds and behind me I mean same on the same line property and they actually they told me after that I just get not I have a power line where is getting through and Jersey line sometime they have to get back to do some work I'm not sure what exactly they actually give me some information about I have some power lines going I to ask you also about I'm looking at at your uh your map here that you gave us yeah and it it has a above the ground pool there yes sir uh how long has that been up there Mr George I'm sorry this my neighbor he know better than me probably that pool we have 15 years or more my pool sir if he's gonna testify I need to swear him ah I'm sorry okay I me it's fine you can bring him up I'll swear him in if he wants to come next door my neighborhood always helped me out Mr George all I want to know is how long that pool has been there I don't know yeah I just purchased three years when you moved in it was there yes sir and the same pool is still there yes sir okay when did he move in when did you move in three years ago 20 2020 yeah 2020 September yes sir so you're you're living in this house where you're at now about three years and that pool has been there for three years yes sir okay you still want to hear from neighbor no I don't I don't need to hear from him now it's okay thank you what members have any questions concerning this I'm gonna corrected everything what I have to know I know right now I know I make a big mistake before before set up the paperworks to putting the shut down that place where it is right now I will do forever I need it to fix it make it correct it and put all the right things get pass to this I just like these are overhead power lines there o there's overhead power lines over the back of your property they under ground overhead they're overhead not on the oh they're not on the ground okay good your testimony is that they overhead yes I'm trying to understand what is thing is if anybody if you're going to say anything I need have you sworn appreciate your neighbors trying to you know give us some information not trying to deter but again I got it's got to come from you Mr chairman I'll clarify for the board this lot is approximately 200 feet deep the the back 200 feet is covered by a Jersey Central Power Line easement and there are two overhead w a series of two overhead wires that run across that 100 foot wide Jersey Central easeman area in in the past there have been applications submitted to the board that proposed improvements under the power lines and this board required Jersey Central to review and concur with what was being proposed so that that that's an issue this board should address with this application to make sure that you're not approving something that Jersey Central who has an easement where he wants to build this want to make sure that they're in concurrence with what he's looking to do do you understand what our engineer just said almost okay I'll try and clarify it for you thank you you can't go any further with this sure we're not going to hear the approval or the disapproval of your shed what you're going to have to do you're going to have to go to Jersey Central Power and Light and get approval because you have the power lines there and they have to approve it first when they approve it then they come back you bring it back to us okay and then we'll hear the case but we can't go any further with it but no more work you don't have a permit to do it as of as of now so you have to stop for for now we'll hear your case your your entire shed that you have there after we we get the approvals or what Jersey Central has you understand that yes sir so Sir with that um what you're hearing from the board of they don't feel comfortable with proceeding to vote on your application until they have some kind of I don't want to say guarantees some that something from jcpnl that says that you're allowed to have these structures right so with that I think what the board's requesting is that ran us some additional time well that we have some additional time all right thanks so much hold on and and be when you get a hold of Jersey Central Power and Light we we're asking you to please get in touch with the zoning board and keep us advised of exactly what the progress ress is on this okay so when you find out yes or no from Jersey Central Power and Light then we can reschedule you or do whatever we have to do all right okay yes couple housekeeping items we need to take care of before we let you go sir thank you first off Mr chairman I think it would be a good idea to give uh members of the public an opportunity to ask questions or comment in case the applicant wants to make some changes based on public feedback so with that is there are there any members of the public who want to either ask questions of this witness or provide any kind of sworn comment on this application before we adjourn it going once going twice going three times okay no members of the public duly noted for the record um all right sir so what uh I think we have to perhaps have a little bit of discussion about when we're going to reschedule you two because you're still on our our docket and we have to you know have things scheduled um initially I think we we spoke in I know our junee me open but it may take you a little bit longer to get that jcpnl approval so um I guess this is a discussion for the board how maybe two two months three months no Jay last time it took quite a while it did that that uh that I would say was probably over a year it took a previous application they had a lot more encroachments they were dealing with so maybe but what you did Mr Vice chairman was you had I think given them a couple month extension then they would follow up and say well we've been progress we don't have an answer yet then you gave them a couple months extension that's how you kind of walk through it with them so they kept you advised as to the status and you extended it so as was indicated maybe you start with a 60-day extension to your July meeting see what happens you report back and let us know if you're ready to go for July they can continue July if not you can let the uh secretary know the progress and at the July meeting they might be able to carry you for another 30 days or 60 days whatever is appropriate thank thanks was it wasn't the applicant's fault it was power company they they're not that responsive I'm not surprised yeah it's not it's not the highest priority on their list and the other thing uh so if this go does go for quite a while should we Ren notice because how are people going to know so it in this situation as I had stated at the beginning of the hearing the uh the applicants notice I found to be sufficient to get the board jurisdiction so there's two two Avenues at this point either a he could re notice and have to send notices to everybody all over again or B we can just carry it by voice announcement much like we did with the Archer Capital application that way he doesn't have to go through that process again and by virtue of him having noticed for this evening any anybody who would have had an interest in the application was made aware that these proceedings were happening and if they were really that interested they would have shown up this tonight and they would thus be aware that thing was going to be carried to July why does that make sense it goes for for for a long time how how are they supposed to I think that's what happened with the prior application you're referring to I think you gave them a couple extensions there was no end in sight so then you had you made them Ren notify after just a couple extensions so you don't necessarily have to keep granting extensions you can give them a certain time period and then say we want to have them make sure the residents are aware of this application so then you R notify at that point but initially you may want to just grant like we talked about a 60-day and see where it goes from there my advice would be that given that it's only a two Monon break between this evening and the next hearing on this I think a simple voice announcement is fine at this point if it we going six eight months you know getting further down the line then it would probably be a better idea to have the applicant Ren notice did the first time we want to make it two months from now sounds fine to me okay we'll put you on the July agenda but keep us advised gonna be in touch with Joan keep just keep us advised of the progress with with the extension okay thanks so much and how big is the easement on the power lines it's 100 feet wide I say he's got a 200 feet deep lot it's the entire width it's the entire width of the lot but it's across the back 100 feet so 200 deep lot first 100 feet has no easement the last 100 feet has Jersey Central Power lines going over top of it it appears like the the one easement line is right on the property line more or less correct very close very close to the property line it show correct it shows on the survey that it runs from the back property line which is where the shed is to where the conc into his concrete patio closer to the house that's the 100 feet if you look closely at the survey you could see what there's arrows that show 100 foot wide Jersey Central easement this would be for a shed a pool like an extension onto a house well it's really a Jersey Central issue but my understanding is that they don't allow permanent structures within their easement or right of way so the application on bord toown Avenue that was discussed they had proposed an addition and Jersey Central would not allow it they had proposed parking ex I think they wanted to put pavers down to allow buses to park Jersey Central did allow that in this case I don't know this shed if because of the size if the Jersey Central will consider that a permanent structure if it was an 8 by10 shed that you could possibly move they may say that's okay but something that's almost 800 square feet they may have some concerns with so that's why really Jersey Central needs to review that and decide what the magnitude is I'm only asking this because I think we have the same issue with the next application you do yeah that and that's GNA come up on the next one yep little preview for the next app and and the thing with this is It's 799 Square fet the existing shed is approximately 360 and this is proposed at approximately 800 yeah just for the record that would be written documentation from Jersey Central we would need to proceed that's what was received last time actually as I indicated Jersey Central allowed certain things and they prohibited other things and there was a document they provided that said that and the board I think referen that in their the resolution that was adopted oh you understand completely you're going to get all Jersey Central Power and Light Company they're probably going to absolutely going to come out to the house and they're going to look and and then they're going to make a decision how long it takes that's what you're GNA have to let us know all right thank you okay and Jay just one last thing do you have like a number or who they should contact just to help the applicant out I can probably on that board toown Avenue application I could probably get some contact information you're not going to call the the person you would call to come for power outage right they have a real estate vision and I think that's who eventually was contacted so I can see if I can find that information I can maybe pass it to Joan and Joan you can reach out to Joan so much I appreciate thank you before I make the announcement we carry it two things number one does anyone have any further questions anything they want to bring up before we break no okay good second similar similar type of question I suppose um given the applicant going to have to come back anyway does anybody have anything related to The Proposal itself that they would want to have have the applicant address either you know any concerns about the size of the structure the setbacks anything like that um anything that they might want to consider the next time around I think it would be a good idea to give them the applicant an opportunity to make some changes if this the existing is approximately 360 about 10 x 36 they're proposing approximately 800 square feet and there are four other variances so the size of the structure 150 squ ft required they're proposing 800 the rear yard setback is supposed to be five they're proposing three sidey yard setback for the rear five they're proposing three building coverage between the house and the structure supposed to be 20% they've got 25 and the last is the overall impervious coverage supposed to be 45 they have 47 as the applicant indicated he is making the rear yard and side yard variants better than they currently are because that existing shed basically sits on the back property line and the side property line so he's proposing to move that three F feet away but still it doesn't meet the 5 foot required by the ordinance yeah they open in a can of worms here it just if if they call jcpnl and they see this pool is is that pool over these underneath these wires at all they say remove that pool that that's a possibility care that but but I believe that I believe there are other houses in the area where their pools are located so Jersey Central may consider a pool not a permanent structure because they wouldn't probably allow an an inground pool but if it's above ground pool they may allow it because it could be taken down if necessary so that's really Jersey Central's call regardless of whether or not you know the applicant was bringing this application if that thing if pool is in an easement that it's not permitted to be in jcpnl would always have the right to you know try to have it removed so uh but if it was never approved now may be the time to get it approved in conjunction with your shed that way you know everything is covered on that front I hate to open up another can of worms but sorry the pool we know it's existed for a while do we know if a permit was ever issued for it because if you're you're coming in for the shed if there's any variance relief that might be related to the pool I think it would be a good time to you know have that incorporated here as well um we don't know no no permits no permits were okay we don't no we don't believe any permits were ised okay um might want to have the zoning officer take another look at this that I don't think my assumption is that he included because the pool was on the survey that you guys submitted that the pool would be included in the uh the building and impervious coverage calculations that was my concern because if the pool wasn't included in that that you'd be probably proposing you know a higher level of relief than 47 and 25 is right so might want to follow up with the zoning officer on that too just to have that question answered Mr chairman one other point uh so this application is for a shed but the testimony was that it's for a playroom or to be used by people well now I'm just so is there is there a planning issue and Jay I know you're not a planner and our planner is not here but is there you see any issue on that or the attorney can also I understand that it's basically a shed that has an adjacent kind of overhead roof structure that somebody can stand under so if you could I guess compare it to gazebo but it's attached to a shed it's an accessory structure it's still an accessory structure there it's part of the coverage variances that that you're already dealing with it's part of the setback variances you're dealing with but from a permitted use standpoint I don't I don't think it's an issue the way it's used does not matter it's just how it how it exists how correct it's not a I think it was indicate there's not going to be utilities no water no sewer it's not a business type use it's really just for a covering area existing lights the same lights is going to be there two light buls what you you have electric in it correct it was there yeah existing electric it there's Electric in it already on that spot on that new ones right yes yeah from old one I just bring it instead of living on the floor I just BR inside oh in other words you just moved it from the old one to the new one yeah inside the new shed there's electric but it's not it's not occupied it's not going to be occupied it's basically a storage shed I mean I don't have to bring a new power line to dig the floor like that because existing oer he did everything from inside the floor the tube everything's coming like the way have supposed to because he bring the light and power into the pool and the same place he just Contin to go into the shed and the shed is is used for storage that's the purpose so it's a storage shed with an adjacent overhead area for Gathering yes sir and you say it's also a playroom correct yes sir what do you mean by that protect all the yeah protect all the walls make sure no one get hurts because each time when some my nephews is coming to my house one of them get hurt really hard luckily sometime it's not because of the corner of the cabinet is the aquarium kitchen falling down one day from second floor St he just jumped down it was like surprise for me that my H day finish with the hospital I said I can't take it anymore this I cannot say don't to our house because grandmother grandfather is here this way when gas is coming I can able to just have them together everything in one place and let the adults stay like a little bit in quietness night enjoy the time being together because not every day you can just be together all entire family like two or three holidays we have it big holiday when really we have a lot of like people who comeing to see each other so well main will they be eating will they be eating in there or drinking in there will there be a TV or anything like that I don't need they will be actually in in the shed for long periods of time so I don't know that's tons of toys where I have two bedrooms right now full of those toys so literally I don't have a space we just walk in like this because it's storage Storage storage of the toys I'm gon I don't to get to and things like that all of the stuff win time even we're not able to go there because we have a snow or they can able to like enjoy the moment outside of the water would it be fair to say that the primary purpose of that structure is is for Storage storage okay that's what you came the the the issue that I'm concerned about you have 50 feet on property line and that covers about 42 feet going across uh not all entire structure is a house um probably about 8 foot I just extend the roof to just you know uh to clean the machines to just I can able to put it under line all the snow cleaner everything I can able to I I would call it quite larger than a shed it's it's it's very big it covers almost the whole back of your property I can just cut that roof and remove it completely that part of the roof like it's going to be yeah make it smaller because paper when I spoke to Edward he said no matter how much is the roof that much is the covers is counting spacing now over there almost 8 foot is just that open space when you can literally walk because two post on the S just open space completely just a roof extended I can just cut off and take it out that roof this shed is going to be instead of 47 it's going to be 38 existing it was 35 so what you're saying is that you'll modify this as whatever we say no problem with that part anything whatever we like to okay I can remove from yes sir point of clarification the first few things number one the roof of this structure what's below that extended roof is it just dirt okay okay all right well yeah we're not deciding tonight but that's something for the board to consider but potentially requiring him to maybe cut off the roof Edge even make it nicer to my neighbor I didn't make it to that I make it pach one side make sure everything no matter what I have going into my house instead of like it's before no matter what I have in my roof half going into my neighbor's room neighbor's house yard and like literally he see how damage his structure he shed what he have yeah his fence everything was destroyed completely through that roof right now I make it to one side even we have a clear space when I can keep clean always and those big raccoons I hope I'm going to get Riv because those big racon there was literally entire family was in inside that  can we ask him to bring in pictures ofch just about to bring that up pict yeah do you have some because I was gonna I have existing I wait till if you do that I gotta take your phone because then it's an exhibit we'll them out next time when you come back in July bring some pictures give the board an idea of what this thing looks like um certainly if I what was trying to get to before if we were to require him to chop off that extended roof um that would bring down his Co his coverage calculations a little bit might may even get him to probably not but it might get him very close to uh the permitted thresholds so thank you in addition we want also want to confirm that the height is less than 15 because the accessory structure that's a maximum structure is is lower than 15 yeah but because of one front of uh front point of my yard it's higher when you're going to like literally you walk in like a five six step and it's going literally going down I mean going down completely I just building is not changing when you walking you can see just you're going down the building going higher as height of the building is saying so when when you get an opportunity if you will get take those pictures and drop them off at the zoning office and they will make copies of them and and we'll take it from there to officer gentleman they show up couple days ago yesterday probably in my house yes some one of them did show up take a picture I did show up but I didn't take pictures that's what they told we came to take a picture to see what we about what we gonna talk about like tomorrow's meeting I say okay no problem my myself and and and we were there we saw what you're doing or what you have there but we did not take pictures we just sure okay so if you'll do that for the rest of the board we appreciate that all right and if you could please submit them at least 10 days in advance of Mark exhibit makes a little B easier the board gets to look at before sure J J when is the July July 24th that's what it says okay 24 one more question if I can able to set up the papers L early there is a possibility to move the meeting further or not p is probably not going to cooperate so in their experience once we make that voice announcement you got to come back that day otherwise the board will have to dismiss thank so much for it I think two months is a good starting point I think that's word's opinion I don't want to speak for them but that okay perfect seems to be thing let not have set the apple cart that okay um anything further from board members before I make the announcement anything further from you sir anything else You' want to say say or do before uh we call tonight on this no okay all right with that I will make the formal announcement this matter is going to be carried to the board's uh July 24th 2024 meeting 7:30 p.m here in the sville municipal building uh as I stated previously the applicant provided sufficient notice to give the board jurisdiction over this case so at this point no further notice either by uh being published in the newspaper or being sent by certified mail to uh adjacent Property Owners or nearby Property Owners I should say will be required so that's it sir we'll see you back in July thank you good night thank you so much lunch next case is 24-7 Steven and I pronounce this correctly bosner 49 kopy okay thank you all right sir I'm assuming you're Stephen bowler be me okay you reside at 49 caliop Road yes sir okay any need to swear in yep okay do you actually before I do that is there anyone else who's going to be testifying on your behalf tonight nobody nobody just you okay lone gunman here all right do you swear or affirm that the testimony you're about to provide will be the truth the whole truth nothing but the truth so hope you got yes I do great uh go ahead tell us why you're here sir um been a resident 24 years in town um I collect um antique cars it's a hobby of mine I've done since I was a kid I don't do the repairs maintenance all that crazy stuff looking for more room to um put some cars the garages on my the houses aren't convenient to hold a 1966 Chevy pickup truck went 8ft bed to be able to pull it in and out easily I just recently removed a 24t above ground pool that was deeded on my property from when I bought the home the um garage I'm looking to put up is basically a garage is going to have a 10ft door opening I'm going to have four Windows on it going to extend the sage to make it look uniform with my house it's a it's a nice neighborhood I don't want to throw one of those shelter logic tents up um it's I'm looking for an 18 by3 which is 540 square F feet I believe the ordinance is 250 150 okay so obviously I'm looking for bigger but the imprint of my new garage is going to take up less of an imprint and actually we my above ground pool was I'm coming off the easeman from Jersey Central Power and Light which I believe everybody should have copies of my existing and um my proposal and then what was existing when I purchased the house 24 years ago um it's going to be landscaped it's it's Green Valley I'm not going to trash I I could drive through the town and pick you a hundred places where people have sheds that are yeah and all I'm asking him to do is have a place to get out of the Sun kopy Road you can see the color on me you're baren standing in your driveway I'm not at the age no more where I can stand in my driveway to wash and wax my cars let me ask is the is the pool already gone I removed the pool pool's gone yep and I originally was planning on you know coming up with something I didn't want to put anything on my paer drive driveway as far as a shed I don't want oil I don't want if something leaks or something I built a beautiful home in 24 years and I don't want to have an ISO in my neighborhood I wouldn't be happy if my neighbor dead somebody put an addition on down the road for me looks horrible Mr Cornell can you can you uh give the board analysis of the uh Jersey Central Power and Light Company situation Mr chairman unfortunately we have the same issue that we did with the last application this lot is 125 ft deep the back 55 ft is encumbered by a Jersey Central easan this lot actually has part of the Tower located on the property so I I think the same concerns is Will Jersey Central allow a permanent garage structure to be built underneath their power lines within their easement it's not actually going to be under their power lines because I pulled it off it's it's post to Tower I'm going to match it up to my existing driveway where my pool there was space between my fencing and my deck to my pool and then the pool was on the easement according to what my um document show as far as my survey point of clarification I believe what you might be referring to there's also a 15 foot wide drainage easement in your rear yard I think that might be the easement you're referring to but when you say yeah again I'm not an engineer but so there's a 55t easement from your back property line 55 ft toward your house actually 3 feet of your your house area is within that 55 fot Jersey Central easement so what do I do I mean I know and I and I understand that I mean they come in my y once or twice a year I maintain the property underneath the tower I I've removed trees I've done everything that could be done I've had no problems with them you may go to them and they may say we have no objection at this point I you know I going sit and fight and argue with you know Jersey Central I don't know what the you know parameters are for everything but it might just better off moving and getting you know I'm here 24 years I got three daughters that live with me what looking to do is have a place to park a car I'm not looking to put in a H Port our our issue is is not so much your garage our issue is the law concerning the easement situation we we cannot make a decision on that until we get this easan situation straightened out because we have it in front of us and I notified them with a certified letter I got the return card that they received it now I I don't know how it goes should somebody be here from them to say hey no we're not doing this or hey red flags and now what I I've already waited the time to get to this point so now I got to wait another four or five months possibly if not longer to try to contact a big animal company that they don't care they don't care what any body does I didn't came around my pool is there for 24 years taking up a bigger footprint my house is 3 feet on the easement where does it stop I'm just trying to live and exist in s the application buildar builds a garage Jason still come in and say no this has to be ripped well it's going to be a bable it's going to be a boltable unit so it will be able to be taken down as well as what a buil of pool it's not a wooden structure it's going to be it's going to be a metal structured garage so it it is capable to be removed or dismantled and not destroyed so I'm not looking to build a foundation I'm going to put a slab on it three and a half inches I mean I had 24ot round pool with a 15t deck how much does 15,000 gallons of water away you know foot footprint is footprint you know and I'm 61 years old now I'm not going to look to fight the next two or three years in my life at this point over trying to build a garage I wanted to do this years ago but my kids were using the pool can I ask a question maybe this say shate everybody um what if you were to move the shed well the garage I'm sorry um closer to the front of the P might require you to rip up some of the driveway well but it would be out completely out of the East it wouldn't be a concern for the bo but can I move the garage onto that a little bit but the only thing is is if you look at the structure and how it's set up hey I got my fencing there my gate there I got the back door into my back of my house is right there on the very end of my to the driveway which is in line with my curbing I mean I could move it up two two feet you know and I like the suggestions I can move it up right up to my pavers and if need take out row with two or the pavers absolutely I don't have a problem with that still going to be in the E I'm just throwing that out there as a possible way to I love the suggestion you know I was told you know by the Construction office that you guys come up with some pretty good stuff once in a while I think more than once our our our issue our issue really is not the garage itself it's the it's the Jersey Central Power and Light and we don't really have the authority to turn around at this point and say yes we we we need them to so put up the green shelter logic tent is the answer I think he would so I'll save about $10,000 on putting up at 10 and and making an ISO in my neighborhood you're still going to run into the same issue because it's going to be within that easement it's not permanent that there I could what dictates is the terms of the easement if the easan says you can have structures in here and the easan holder says you can have structures but my pool was there I I got permits from the township to build the deck I'm I'm like really confused I can't speak to those no I know I'm I'm just saying I I I'm me as a homeowner I'm really super confused I built a deck I had a pool for 24 years as I'm when I bought the house I'm I'm like I'm fluid I'm actually I'm getting a little disgusted was the pool was the pool that you had there above the ground pool yes it was it was was there a permit for it it was there when I had the house don't know if there was when I redid the deck it had an existing deck connected to the pool but once I removed or started to do maintenance on my deck I was required to get a permit and do the footings and go through the inspections and go through everything so everything I've done on my house I've been 100% on and now I'm I'm just like super confused so I was able to put in pilings and build a deck and and do all of that right and build a deck on my house with permits on that easement which is a lot harder to remove than a metal structure did you have to come before the board never see that's kind of the issue here because what the board is deciding tonight is what well not me maybe not tonight what the Board needs to decide is whether or not they're going to give you a variance that means it's a deviation from what the requirements of our local Zone so part of that analysis is that the board has to determine whether or not your project is going to pose what's called a substantial detriment to the public good meaning that they have to determine whether or not your project is going to detrimentally impact any of your neighbors or any really the entire public right so in that calculus goes the consideration okay is it a detriment to the public if we permit a structure within an existing power line easement the considerations could be that you're going to inter with the power company's ability to come in and maintain their equipment which could impact electric service to other people neighborhood and throughout the town right throughout the whole state if understandable so when you're before the board it's it's a higher degree of a higher burden of proof that you have to have when you get a permit for something just through the permit office it means you get it by right meaning there's you know the law says you can have it you can have it what you're proposing here is against what the law says does this make sense I'm hoping I'm just trying to kind of relay type of sitation no matter no matter other than hearing a yes nothing's going to make sense tonight you know just in all fairness because I'm not looking thinking I'm looking to do anything ridiculous I if I was to go and start building this thing and doing something obviously people drive by my house they could shut me down from doing it you know so I I I I'm I'm just really confused you know maybe it's time to tap out of town is my alternative and I did think about that maybe the possibility is is talk to Jersey Central they might turn around and say it's okay and if they do you come back here how do I even get in touch with them they're they're brutal that's like me getting to hold the Donald Trump or Joe Biden it's not going to happen they you know it's it's just ridiculous to get in touch with anybody it's you you call a zoning office tomorrow we'll provide them with contact information that they can provide to you as well as the previous application could possibly be several more months out I got I got my answers out contact zoning I don't want to waste no more of your time you could possibly get it maybe if you if you get it right you get it in the month you know maybe somebody will come out and look at it honestly totally disgusting my house is on easement my deck is on easement my pull is on the easement I'm looking to make a little bit of a change in the footprint of less weight and S it takes a less of a footprint that my pool there it's disgusting disgusting I appreciate everybody's help thank you I understand again I know I have to call Joan Joan and and um Andrew have been fantastic with help on me okay before you go we got to set up a date for you to come back because I I know okay I don't even know if I won't even bother coming back well would you rather had the ability to come back or would would you rather not I save the money on the garage and I'll figure something out of me I don't even know what to do I'm honestly I'm disgusting let's give you maybe a month two months like we were with the other applicant whatever you want do I you got to refile if you wanted here's the thing I'm also ordering the the unit that I'm looking to put up and I'm going to lose all my discounts on purchases to buy the thing so it's just it's just snowballing and and it's a headache at this point in my life I don't know if I want to keep fighting it I go move up north Jersey or I I I don't know on so [Music] [Music] sir we're going to take a five minute recess just hold on we we want to we want to discuss something here first okay I I I appreciate anything we could do and kind of has this out come up with ideas I'm I'm in okay so just give us five minutes we're going to take minut I'll take a walk outside and I'll come right back in remember you're you're on video right now someone lik sh should the other guy was you can't do that ifate maybe you got over for 30 years Liv here but now and sorry again maybe you move it forward so he's not within that we did about all right the recess five minute recess is over we're back in session again can I mention something else I also have a shed which is within 4et of the Tower the Jersey Central Power and Light and it's also on my survey it's got a shingle roof it's a wooden structure I this is what's confusing the hell out of me it's within 4 feet underneath the tower that's in my yard I built I I maintained it leveled it cleared all the weeds cleaned everything I built three vegetable gardens underneath there so I didn't have to look so much at the tower I could look at AET Garden I'm pretty meticulous on how I keep my stuff that's why I have collector cars but my shed is within four feet of this Tower okay sorry all right number first question did you get a permit for that shed it was there when I bought the house so we don't know if there was a permit for it number I don't I don't know but it's never been contested I'm not trying to get ever seral with you I'm just trying to so everyone understands so if there was no permit issued for that shed then nobody would have been the township wouldn't have been aware of it it wasn't allowed by the township never reviewed it right um I'm sorry the burrow my apology seen Township another can of worms I opened up no no no I'm just I'm just trying to explain you I'm just trying to be as truthful as I could be there's two the you got to understand the jcpnl portion easement portion of this is well at least when it comes to the the regular Municipal approvals you know through the permitting office that's separate and apart from the permits right so you could get permission from the town to construct it but you might not have permission from jcpnl and the reverse end you might have permission from jcpnl but you might not get permission from the township there's two different okay they hold an easement on your property meaning that they have rights and they can have to control certain part parts of totally right so with that being said what I'm going to suggest let me know if you or be amenable to this and I think the board weigh in as well we'll carry this for 30 days ask that you go and try to get approval from jcpnl for this in 30 days I think it's uh what be June 22nd would be the meeting the board will reassess whether or not it wants to require that you get that JCP and all approval before it votes on the application if I was to move the garage more forward how much more forward would I have to go you besides 55 feet you to be out of that EAS you're going to have to chop up your driveway see because you're you're here right it's probably very difficult you're here the easement R line runs like directly basically at the end the end of your driveway it's got to be you know forward of that yeah which I don't think you want to do a very nice drive it look like tangle town right ex you don't want to do that no I won't do it I I'm serious I won't do it I ain't going to devalue my house or the value of the houses in my neighborhood I I have fabulous neighbors right I'm here for 24 years for a reason and and I'm glad you brought that up because that's also the concerned they have to weigh what impact your proposal is going to have on the neighborhood and again this is why we make it we very concerned about the jcpnl easement because again if there's some kind of interference with their ability to get in there and maintain the power lines whole neighborhood doesn't have power I mean that probably half to State One have power I don't I don't know how these things are connected but I would imagine car three houses off of oak tree okay they have that whole access going straight down the power line right they won't even come nowhere near my the garage they would never do what would they have done with my pool tell me to take my pool down theoretically JCP and know if they again I I reviewed the I have look I don't know what the EAS terms of the easement are but I know that it gives jcpnl rights to control what happens in that area so they could very well say oh that pool should never been there got to take it out granted he already did but or the yeah or the shed or anything in that area know theoretically again and i' I've gone through with them cutting down trees and you know and I understand the power outages and you know the world we live in now unfortunately um so I I get all of that why don't it's just common sense why don't we do this we're going to schedule you to come back on the 26th of June that's a month from that it's the uh yeah 26th of June 26 okay and I'll get a hold of the construction office in June tomorrow tomorrow morning you're going to get a hold of the construction office and they're going to give you the special number for Jersey Central Power and Light because it's not the one where you call up yeah no no I understand that and and you're G to tell them what the problem is and and see what you can do and come back here next month we're going to put you on the agenda for next month and then we'll figure out what we're going to do for when and we'll call them five times a day okay 10 times a day oh I I'm Relentless sir I don't I might be speaking out of term because I don't know I'm not too familiar with jcpnl processes but my thought is that perhaps given that so many people probably are in a similar situation like you are as you just explained there may again I don't know this for for certain but I would expect that perhaps they have a document that applies to everybody who's in a similar situation that says okay if you're you know to everybody who's got a power line running through the rear yard here's what you can and can't do as long as we get something like that from you I think we're okay with proceeding no no no absolutely and if I do construct something and then if there is a problem I'm constructing it knowingly that it may have to be deconstructed so I get that right you want do you want to really 24 years I haven't done nothing so maybe it's time I don't know but right well let's hope that yeah and I and I get it I'm not that um I've been in construction for a long time so I kind of I kind of get things I I want to do is just live I'm getting to the point of retirement I want to enjoy my cars my 22-year-old drives 1972 El Camino but we're we're not we're not against your application we know you only need one VAR we need one variance it's the law that we have to we have to go respect that it's nothing personal to anybody here believe me I I don't have a problem with that personal against you either I know that it is what it is you know it's part of knowing where when you buy the house what you do you know but exactly 24 years ago we all thought differently okay so that's that's fabulous I'm I'll see you on 26 I do I I appreciate your suggestions the only thing is and I will be on Jersey Central and one way or the other you'll be here on a 26 first right very good God spe sir and let me just real quick I'll just make the voice announcement as I announced ear actually may not have announced it earlier but I found uh this application's notice to be sufficient to give the board jurisdiction over this case for this evening thus um we're going to carry this to what was it June 26 2024 7:30 p.m. here again at at the sville municipal building um no further notice will be required that means you won't have to go publish anything in the newspaper you won't have to send anything out in the mail you just have to come back so by virtue of me making this announcement to anybody out who's out there in the public who's interested in this application that's the next date we're going to be considering you're not going to be receiving further notice so that's sorry I have to do the announcement it's a law requires it but that's the Spiel so we'll see you on the 26 best I appreciate your time and the last thing I want to mention to you when you call them tomorrow mention to them that it is the 26th and you know there's a time limit here that we have that the that the board has you coming back and we would like them to move on and expedite it as quickly as they possibly can okay F I'll be honest not not that we couldn't carry it again at that point in time I no I don't want to keep dragging this out because you know the hot weather's coming and I want to get out of the Sun but hopefully that will at least let a fire under them to hopefully get you know be responsive to you I'll figure it out I I got a couple people call but okay again thank you folks enjoy thank you sir best of luck empty room you're doing good thank you f Mr chairman I on this so it's either attorney or or engineer we get an application that comes in just talking hypothetical same scenario we can technically approve it or we can approve it without jcpnl approval I'm just trying to just trying to figure out what contingency if like we're good if jcpnl I know I know if we approve it and then jcpnl comes in and says no we want you want that structure removed you have to remove the structure but are we like you were saying we're independent of them right so so is it a gamble like say we we approve a structure like that or essentially it is right so that that's I think that's why the motivation was to have him come back and we're speaking in generality so not just on that application because that yes yes right um I've seen this done in other towns where it's you Tre it's treated as an outside agency approval you have to you get approved you got to go get that Outside Agency approval in order for your you know variance relief to be to be valid right the risk with doing that though is as you mentioned Fool's eron or we're going to approve something that they're just just going to throw away anyway and especially in this circumstance where you know you're dealing with power line easements that these are going to be constructed within um you know as I was trying to get to earlier that there's a bearing on whether or not that's going to have a substantial detriment to to the neighborhood right so that's kind of why you know it kind of makes sense in this circumstance to ask him to come back but it legally speaking it's not a bar to rendering a decision but it's it's just good practice to make sure that they have these things lined all the Ducks lined up in a row before you you go through with the approval right so that's hopefully that explains if I'm if I can clarify anything let me know yeah so so if we have so if we have again in general we have an applicant that just like is very pushy doesn't want to go through the process or is going through the process just taking way too long and just wants to roll the dice we could technically approve it yes but but I would like I would strongly advise that any approval like that would be conditioned upon them getting that out approval at some point in time Mr chairman if I if I might add I think the problem in this case is that it made its way here really this is something that should have been flagged before the application was submitted and I had a conversation with Mr mashensky he indicated he didn't he didn't notice the Jersey Central Laine when he looked at the survey if he would have noticed it on these applications he may have handled it differently before it was scheduled before the board so I think going forward I I think I'm going to make a phone call to Jersey Central see if I can get this resolved for s this way the board I can advise you in the future if they have certain standards with you can do this or that underneath the power line that way you know that and in the future if it comes up you'll know how to deal with it but I just know based upon that prior application that some of you board members may recall on board toown Avenue where they had a number of structures in Jersey Central Jersey Central wanted to see that and they restricted what could be done on that property if you would have gone ahead and approved it and the applicant had proceeded I'm not your attorney but I I I have some liability concerns if you tell them they can do something and they do it and spend their own money and then they're told that they have to take it down somebody could come back to you and say maybe that's a that's a board issue you possible possible I don't believe so but at this I research the issue anyone can sue anyone anyone ex anyone can sue anyone want to be a test case perception standpoint I think that there may be some issues with something when you get into that situation it's best that we just turn around and say get the approval get the approval first before we rule because if like you said everybody can sue anybody they can turn around and we're going to have a liability here so it's best just to turn around and say get the approval first I would agree with Jerry maybe like maybe there's something in the application process that can notify people if you have an easement you prior approval from whoever has the easement you know it's something to keep it from like Jay said get and I I think what Jay said is correct yeah you know before it gets to our board let them take care of it at the zoning office get the approvals then come here that way we don't get this kind of a situation again and it wouldn't be any liability like as far as like JC pnl what do you mean and and and and like say say if we granted like take 10 approvals and then JC pnl wouldn't sue us or take action against us no no you can just be there many circumstances what we require an outside agency approval as a condition okay because there's many circumstances that not too many but a lot that i' some that I've run into where they don't get that Outside Agency approval typically it's usually with d not a private utility company but yeah and that just completely throws the project out the window I mean I've never seen an applicant in that circumstance sue the board for that because I I don't understand what the board's liability would be it would really just be a matter of I mean you get the approval from the board you decide to act on it One Way Or Another We're just deciding whether or not the proposal as it's presented you know variance relief if they're entitled to variance relief it's not necessarily that we're saying oh you can go build a structure under any circumstances and totally rely on what we're telling you it's more so that you have the approval under the state under the ml to go do what you're asking to do on the board that's that's it so I mean granted all the caveat I haven't researched the issue thoroughly enough to tell you 100% but that those are my instinctual reactions to it at least and a million in one shot you you go ahead and give an approval or put the garage up he's out in the garage one day and you know and Jersey Central didn't rule on it and wire comes down at a h hurricane or some storm or something and there's damages then oh well the board gave us permission to do it pendings you know could be there and Jay I think in that other case that you were talking about I think some things had to be removed because they were there and then when she had to go get permission to ask it opened up the can of worms and things that were there had to be removed the property has restrictions on it that Jersey Central right of way has restrictions and unfortunately we don't know the specifics of the restrictions that's why I think we're being kind of conservative to make sure that the person who has the restrictions is okay with what's being done in their easan area and of course the other issue is he he bought that house knowing that those easement were there he knew all that stuff he may not have known that the pool required a permit never got it or the shed required a permit never got it or maybe it was approved by Jersey Central we don't know that but but coming forward with something new that's that's why the issue is coming up just to make sure that the board is approving something that is allowed based upon the restrictions right would we have that on file somewhere what herit the initial approvals if there was for the pool there was for the shed when you bought the property 30 years ago wouldn't that you paperwork somewhere should but you might not oftentimes Municipal records get lost destroyed who knows what happens you think it would be something I think we did the right thing with this you know why you have an attorney here to listen to him an attorney and um before we quick question hate spot um this might not be an applicable requirement to residential applications but I know other towns um that that I cover we you know if it's a major site plan or something like that we'll require that the applicant submit any Deeds easements or Covenant affecting the property is there similar requirement here in sville or your major site plans and subdivisions as typically required you'll ask for detailed survey here Mom and Pop applications you basically walk in with an existing survey you'll pencil sketch yourself what you want to do it's not prepared by a licensed engineer or surveyor because the cost for somebody to put up a shed would be exorbitant if you're going to make them get a new survey and have everything drawn out so I'm talking about existing easements like we'll require applicants to submit like the JCP for example on a commercial L typically for your your bulk variant applications that's not requirement okay okay just yeah so this was like a major site plan application that we we know ahead of time whether or not this would be permed well at least we might have an indication I and major site plan you would have an engineer prepare the plans who knows the restrictions who knows that I need a d permit I'm just not arbitrarily saying I'm going to get it I know based on experience that this is something that we should be able to get so that's why it's an after Thea condition they'll you'll Grant approval that they should be able to get it after the fact right it's like a double-edged sword with making the uh the restrictions lest Doner us on residential apps all the information sometimes so that's it I'm get off my so box okay the next anyone from the public wish to speak on anything not related to the pending applications or litigation not seeing anyone from the public here wishing to speak on any of those issues we have two resolutions first one is 242 Paul Cislo has everyone had the opportunity to read the moral ation on Paul cislo's application from last month yes sir yes it's the pleasure of the board regarding this moralization Mr chairman I move the the uh resolution be approved as written call was anybody not present for that last meeting I think everybody here was here yeah okay okay Jon got this okay yes yes yes yes yes yes yes yes second application is John and Joanna deild from to Williams Street as everyone had the opportunity to look over that moralization of that resolution yes the pleasure of the board concerning that application I move the resolution be approved as written second we have a motion is second roll call yes yes yep yes yes yes yes yes uh Joan tomorrow would you notify um Mr sislo that we did moralize that and he can pick up the permits has everyone had the opportunity to look at the minutes from last month's meeting yes yeah the pleasure of the work of the uh acceptance of the minutes from last I move that to minutes be approved I have a motion and second to approve the minutes of last month's meeting roll call yes yes yes yes yes yes make a motion for adjournment so move meeting meeting's adjourned right technically the chair can way you turn meeing I'm serious you can