##VIDEO ID:82-Tdw7Rq9k## website and its bulletin board in accordance with all provisions of the open public meetings act also we hear no new testimony on applications after 9:30 p.m. and we adjourn at 10 p.m. sharp practice of this board to salute the flag please rise and join us pledge allegiance to the flag of the United States of America to the Republic for which it stands one nation God indivisible liy and justice for all Marissa please call the role John fley present Michael jic here Rich larua here Richard robacker here Mark Scott here L taneri here Jennifer Paha here chairman Kenneth Larry here Glenn keing here thank you have one announcement tonight if residents of Sporter haven't already access the master plan Community Hub website and the survey there on Sparta Township's website please do so you can make comments ask questions have some type of input into uh how you like the new master plan to be developed we already had close to a thousand if not over ,000 responses to this date and also our planning board chairman and master plan committee chairman Ron day is here tonight and Ron I wanted to ask you if you wanted to add any other comments in regards to the community Hub and survey and where we are at this time feel free thank you chairman uh I just want to say you know thanks to the people that have completed the survey um we really do want input from everybody that we can get um right now we'll look at I guess two more days so if you haven't had a chance to do the application with the survey please take the time and do it because uh your your your opinions really count to us and again thank you chairman appreciate it you're welcome Ron thank you too for everything we have some minutes to be approved tonight first one's Jan uary 10 2024 the chair will entertain a motion so moved do I have a second second any discussion Marissa please call the rooll John fley yes Michael josifi Yes Richard larua yes Mark Scott yes Lena taneri yes chairman Kenneth Larry yes we also have February 28 2024 minutes to be approved the chairel entertain a motion don't move second please second any discussion Marissa please call the roll Michael jik Yes L Richard larua yes Richard robacker yes Mark Scott yes Lena taneri yes chairman Kenneth Larry yes we have June 12th 2024 minutes to be approved the chair entertain a motion so moved second please second any discussion Marissa please call the rooll Michael josic Yes Richard larua yes Richard robacker yes Mark Scott yes Lena teneri yes and chairman Kenneth Larry yes we have July 10th 2024 minutes to be approved the chair entertain a motion so moved second please second any discussion Marissa please call the role John fley yes yes Richard larua yes Richard robacker yes Mark Scott yes Lon teneri yes chairman Kenneth Larry yes and the last one October 9th 2024 chairl entertain a motion so moved second please second any discussion yes um yes this was the last meeting correct yes um there was no there was when we were talking about the East Shore Trail um application there was I asked the question at the end of at the end of the session if there had been any change in the plans between the Sabine Watson Lake Mohawk letter being issued and the time the day which I believe was April 4th give or take and November 1st which was the day that Anand Dash wrote his letter requesting uh that that this that this Board review this that they get that Lake Mohawk get a chance to review it again and I asked the applicant twice if there had been any change and the answer in both cases was no and that's not reflected in the record so what you would like Mr Scott I'm sorry what you would like is to just have something added along the lines of your statement that that's all you're asking right Mark yes sir okay so all you need is that would be your motion to just amend it all we need is a second then and then you could adopt the minutes with those and she could just add it to it okay thank you if if if that's the consensus of the board do we have a second on Mr Scott second any other discussion Marissa please call the roll John FY yes Michael josic Yes Richard larua yes Michael leandi oh excuse me Richard robacker yes Mark Scott yes L taneri am I eligible to vote on this were you here yes yeah I was but I wasn't a voting member on or I wasn't voting at that meeting the minutes that's right you're still you're still it's minut so you're still administratively allowed and expected to do that so yes chairman Kenneth Larry yes thank you we have one resolution to be memorialized application 14-24 Richard shenik for C variance relief the chair entertain a motion no we said I wasn't make a motion second please ask it no a second in terms of memorializing the thank you any discussion so please call the rooll are we voting on now John fley yes Michael jic Yes Richard larua yes Richard Rob backer I'm going to abstain uh Mark Scott no just just I just want to make sure we're voting for the right reasons and I'm not telling you how to vote but you can certainly abstain if you don't like the way the resolution was written or anything else if you didn't vote in favor of the resolution of the application then your name isn't called on the resolution so I can't remember Mark did you vote for the application or against it I did vote at for the application at with the information I knew at that point in time all right so that's fine I but I know new information and I'm changing my opinion on it that's fine so you you're certainly entitled I wanted make sure that the reasons were correct so that's fine on both of those can we can we ask questions at this moment can I just ask one question about the we actually took the vote already no no I'm not asking a question about the resolution I'm asking a question about the process the process is if you know that if if if when someone is testifying here in front of us after they've SW been sworn in and you find out subsequently that that that some something may may have been misstated or incorrectly stated or wasn't truthful what happens what's the res what's the penalty what's the go to jail thing what I mean what what well in the great game of Monopoly uh they would technically they still pass go but the bottom line is that if there's testimony on there uh it could they could certainly be asked to come in and re-clarify it under your rules and regulations I think it's rule 701 as I remember of the board's bylaws um if it was a material fact and it changed the opinion of the board the board could on its own motion reopen the matter uh if if it was that material um so I think those are your two main options in this case uh it's my understanding and Marissa or somebody can correct me or Dave can correct me I thought that they were getting a letter from Mohawk that was going to kind of fall into place or not really change the decision of the board now I don't know whether that's 100% accurate but I thought that's what I heard Mark I I don't know the answer to that so I don't know that that that certainly was not apparently an accurate statement that was made that night but the question is does it have a material effect on the board's decision uh they're still going to have to apply with mohawk anyway when they go through the Marissa and and Dave processed anyway and now you know Dave has a heads up mariss has a heads up too and construction department will also be looking at it for okay just wanted to know thanks okay more is the applications on the agenda tonight are the following 24- 2394 uh 95 perona reality Corporation for both C and D variances 16-24 Eric and Allison earler for C variance relief application 17-24 John Randy Earl for SE variance relief and 18-24 Ryan and Christen Flynn for SE variance relief two applications will be carried tonight the sucus county Charter School tech for D variance relief will be carried to the December 11th 2024 meeting with no uh with Reen notice necessary and also Tor Anderson application 13-23 for D variant relief will be carried to the December 11th meeting without further notice Glenn without further notice it just just be stated on the record the council for the uh applicant on the Anderson uh called me and his client uh was hospitalized even as we were speaking so his client couldn't be here so he was questioning whether he should come and I said I would suggest you just put it off because the board kind of likes to do everything in one shot so he said that would be fine just please announce it and protect my notice all right thank you Glenn also after the applications are heard tonight I'll open the hearing to the public for any comments and questions they may have on items not on the agenda tonight so perona Farm reality please come forward [Music] excuse me [Applause] good evening uh Mr chairman members of the board professionals and staff my name is Robert mcbrier I'm an attorney with the law firm of skank price Smith and King uh and I represent uh the applicant this evening perona realy corporation uh this application uh tonight involves two Parcels the first is 70 perona road which is owned by the excuse me Mr Mariah we get the format the formal issues out of the way Glenn would you mind qualifying I guess Mr the dykes as usual and swearing them in sure thank you Mr Dy Dre you swear to tell a whole truth and nothing but the truth the proceedings before the board tonight's help you God I do who are you k dyra d y kst r a office 21 Bowling Green Parkway in Jefferson and what are you I'm a New Jersey licensed professional engineer professional planner and Lancer and have you ever appeared before this board yes countless times true yes and is your license valid as of tonight yes and the board was willing to accept your professional qualifications in all of those areas is that right Ken that's right okay Mr chairman he's all yours Mr Mor you have anyone else here that'll be testifying tonight or not um if there are questions uh Brian avolio is also here uh as a fact witness um so we could have him sworn in in the case there's any questions from members of the board of the public we'll do him later Mr chairman I'm not for sure all right thank you and just um when you're finished with your application we'll then open it to our board professionals and the board members here for any comments and questions we will have and after we're finished we'll open it to the public if they have any questions in regards to the application and also for the record you know it's a a d variance besides a c variance and you will have to have five affirmative votes to pass it of course if it is passed the variance is tied to the land in perpetuity as you probably know that's correct Mr chairman okay how can we help you again thank you um the tonight's application involves two Parcels the first being 70 perona road which is owned by the applicant it's identified on the tax maps as block 4006 L4 and contains approximately 4.3 Acres the second parcel is 14 Carriage House Road owned by Sparta town Township it's identified as block 46 lot 31 and contains approximately 8.9 Acres both are located in the Township's RR Zone as many of you here are aware perona operates a premier Restaurant catering wedding and special events banquet facility uh it's located in Sparta and Andover townships along and over Sparta Road uh the property and business have been familyowned and operated since 1917 and is one of the oldest uh continually operating businesses in the county the venue serves as a preferred event location for local organizations schools Charities newlyweds County residents nonprofits and business organizations this board will recall that on December 14th of 2022 it adopted resolution 21-22 memorializing its unanimous approval of a use variance and amended site plan approval for a number of improvements at the subject premises commonly known as The Barn at perona farms during that approval process it was discovered that a small portion of pavement and Woodshed extended beyond the property line shared with Sparta Township to resolve the encroachment issue the applicant and Township agreed that it would be in the best interest of the parties for the township to convey 0.292 Acres containing both minor improvements to the applicant this carve out we believe represents the minimum reasonably necessary to maintain those existing improvements on December 12th 2023 the township Council adopted ordinance 23-22 which authorized the sale of that uh limited acreage and in April uh of 2024 the township Council passed resolution 2485 approving a contract of sale to effectuate that conveyance and per the contract the portion being purchased will be merged with the applicant's property additionally it will be deed restricted to allow only the existing improvements which can be repaired or replaced but not enlarged or expanded the application uh this application was reviewed by the susus county development Review Committee uh which has determined that the proposal will not impact the county road Network County Drainage uh or county-owned property and we are here this evening Mr chairman and members of the board uh to uh request uh amended site plan approval and minor subdivision via lot line adjustment Dev variance relief uh to permit uh the expansion of the pre-existing non-conforming use and related C variant relief uh Mr Dyer was previously sworn in as an expert in the fields of engineering and planning uh and I would ask him at this time uh Mr chairman uh for him to uh describe the site plan that was filed in support of the application uh and to supplement the record with any planning testimony uh regarding the requested variances Mr chairman could we just do a couple of things because maybe we can simplify this a little bit uh first off that's going to be marked as A1 is that right Ken yes and that's a colored subdivision plan it's the uh colorized version of sheet two of two of the plan set that was submitted to the board titled as built site plan lot line adjustment last revised uh May 16 2024 okay now do you agree with all the statements that were made by Council on this one did he do a reasonably good job in portraying what the application is yes he did you always say that don't you absolutely okay uh so this application in effect and Dave I need your help a little bit too because I I think this can really be focused in on this application in effect is perfecting or correcting some pre-existing encroachments you've already gone to the governing body the governing body has already given you their blessing to move ahead you're not proposing any new development as part of this this is just incorporating the uh the 0.292 acre parcel into your parcel but all of the technicalities because technically you're expanding the the property by 0.92 or 292 Acres that's the only reason that you're here is that correct that is indeed correct and the only addition is hey pull the mic closer to you bud I'm I'm sorry councel uh that is indeed correct and uh that acreage uh includes those two encroachments so that was the intent so that that's your application that although you had to make all the other stuff that's correct and you have resolutions on file with the board dealing with those use variances and all of the reasons that you had at that time stayed the same and in effect and Dave if this is a misstatement please correct it we you caught this during the last application and said gez I think you ought to fix it while the fixing is good and that's essentially what they did and that's why they're here tonight correct so you covered a lot there Glenn what's left to do uh I think I think Ken could put a little bit of testimony on but I don't know that we have to get into we could take judicial notice if you were so inclined judicial notice of the previous approvals that were granted so that they're just correcting a situation that's probably existed since 1917 1917 that's what I'll say all right that's as good a guess anyone but can may have a better guess I don't know so I don't know whether the board's all right with that I'm just trying to save some time if in fact if you want more testimony I'm not I'm not saying that you can't get it and you can't ask as many questions as you want but I think that's really the application in essence how does the rest of the board feel about what Glenn just discussed I take no issue with less testimony um it's been approved you've guided us through this process before so thank you John do you have anything else you want to add Mr mcbry if not we'll get to our board engineer David Simmons report not not from me I I don't want to deprive Mr dyra at least being able to put uh a little bit of uh explanation on the record you want to just briefly you're not me but uh but nevertheless I I will just say this the lot is a .2 acre the subject property is 5 2 Acres uh split between Andover and Sparta and since the uh I guess the the 2022 approval uh the uh we dedicated some land to the county as 0 03 Acres uh for for right away so there's a little bit of widening so the property size is now 5.17 acres and we're adding as Glenn mentioned the 0. 292 Acres from the uh the 9ine acre Sparta parcel and that makes the property now 5.46 Acres you know so effectively uh all our coverages and everything else actually were reduced even though and there's no changes to the use or the development whatsoever so you know that's all I really have to say this is actually improves the situation for the property and corrects the uh the encroachment issue right thank you Mr DX David would you be so kind to go over your report surely Mr chairman uh referring to the report I prepared dat July 29th 2024 just a couple items I'd like to point out just so it's on the record on page two of the report uh I just point out with regards to uh some bulk variances the C variances so everyone's on that same page in the record with regards after the subdivision with the rear yard setback uh 75 ft is required existing is before the subdivision is 22.4 but even after the subdivision it's 62 ft as shown on sheet two so that's still a variance and with regards to the impervious coverage as Mr dyes just said their impervious coverage does go down from existing 22% to 21% but it's still above the 10% maximum so we call that out as a variance the other thing I'd just like to point out is in item 3C uh I pointed out with regards to to the Woodshed the rear yard required 15 ft minimum I scaled off 10 ft and the side yard 15 foot minimum I scaled off 4 foot I don't know if Mr dyra has a more exact number on those two yes uh we actually survey located that that shed and uh you're you're uh it's actually just slightly more than 10 and slightly more than four so uh the four to 10 and the four are acceptable uh setbacks so we can hold them yeah we can hold them okay just wanted to double check that uh again as the council and Mr Dyer pointed out this lot overall is in two municipalities and over Township and Sparta and I pointed out that I wasn't sure and Glenn could answer this if they have to get approval from Andover Township as well uh there was a resolution that was probably in your office as well as mine since we have partners that represent endover Township and endover was at least aware of all the plans and uh certainly your office looked at it so I don't think there's anything new so I don't think there's any reason to David okay no problem uh with regards to the site plan again there were right away dedications as Mr Dyer pointed out that the county had taken care of uh and since it's in Andover Township that was handled by another engineer from our office Andor the county so I didn't comment any further on it um there's no additional storm drainage uh lighting I don't believe is proposed to be changed based on the discussion held here tonight and with regards to the architectural plan landscape and what have you I don't believe anything else has changed since the last time the board heard this application uh just skipping down because basically the utilities signs and the Eis are basically the same thing they're not changing anything I did review the description for the proposed annexation onto the uh main lot in in or excuse me in spart Township and basically I just highlighted in the last page the other approvals that I believe would either be required or would have to have letters of no interest obtained and finally uh this map I believe because there's nothing new is also going to serve as the as bill for the plan and that's my report Mr chairman thank you uh David yep mer could you just call on the board members if they have any questions at this point or not in regards to David's report or anything else John FY no questions Michael jic no questions Rich larua no questions Richard robacker no questions mark Scott no no no questions Lon teneri no questions uh Jennifer Paha no questions chairman Kenneth Larry no uh no questions just for Mr mcbry and Mr dyra so you agree with everything in David's report correct yes yes thank you Mr chairman I do have one question of David I guess do they given the way the plan is and you're probably most familiar with it and certainly Kenny can chime in do they actually need site plan approval for what they're doing or is it just a preliminary was is it a major subdivision or a minor but was a minor subdivision I I think so too and I was just going to suggest that they include site plan approval as an amendment because we are basically memorializing the encroachment of Pavement in the shed into this property as well all right is it a minor or preliminary and final site plan preliminary and final thank you because as I understand it nothing's changing thank you Mr chairman thank you Glenn I'll open it to the public now if anyone has has any comments or questions on this application please come forward Jesse wowski uh I'd like to make so kind sir could you give your name and address to the secretary I I'd give Jesse woski but not my address you know Sor Jessie wki wki yeah spart of Resident um address two two do we need the address for the I mean with the whole uh with the whole thing with the person killing the judge's uh son and everything now is not public record I don't know why would somebody give an address on in a public form when but let me ask you a question are you within 200 ft of the property no so what is your interest in this application I'm I'm here at a meeting and this is a public meeting and I just want to make two Corrections all right let's hear him okay so they encroach I don't think he's testif you're going to yeah raise your right hand thanks do you swear to tell the whole truth and nothing but the truth proceedings before the board tonight hope you got yes how do you spell your last name Jesse w l o s k y thank you right okay Jess so the encroachment of the barn uh the barn was built not from 1917 so it was just built like maybe 20 30 years ago but that's not a that's not an issue the other point that I want to make is um what's the block and lot in Sparta that uh it's encroaching on uh my first comment is the barn is not uh extending beyond the property line it's just the portion of the pavement and the woodshed right uh the block and lot of the township parcel is 46 lot 31 46 that's correct so my suggestion to perona farm is to to make an offer to Sparta to buy the land because the administrator is very um in favor of selling con contigous land to owners so that's the two points that I want to make that the the barn wasn't built in 1917 and that the applicant could should consider buying the contiguous vacant piece of land because the administrator is very uh encouraging people in town to buy the contiguous vacant lands that are in the name of Sparta Township that's it those are the two points I want to make thank you Jesse how do you respond to that just the comments that I said the barn is not uh the barn isn't encroaching over the property line um as we indicated it's just the pavement and that uh the small woodshed uh and we've identified correctly the the block and lot but uh I appreciate the comments Mr wki thank you you're welcome thank you again Jesse anyone else in the uh public like to make a comment or question seeing no one else is now closed to the public back to the board to entertain a motion to approve this application I'll make a motion to approve but I don't know all the technicality I don't think there are many technicalities I think that would be up to the chairman if you're so kind Richard I'll make an amendment to your motion to the approve the application so we'll have our board attorney prepare the resolution approving application 2395 uh boy let's see block 46 Lots 13 and 14 and block 46 lot 31 for use variants preliminary and final site plan C variants relief and just for the record the re uh rear yard variance would be 13 ft and correct me David if I am wrong impervious coverage would be 11% rear yard would be 5 feet and sidey yard 11 feet correct correct correct thank you also that the applicant adhere to All Points in our board Engineers report also provide asilt plans after the project is completed and signed by a licensed New Jersey surveyor according to all plans and testimony submitted here tonight and Richard would you accept those amendments to yes Glendon is everything covered there I think it's all covered those are all variances that we never granted before on any of this pona stuff not 100% sure but I don't think it hurts since we now have the information we'll put them in I'll check it just to make sure because you may have granted it on previous applications so Dave and I will talk about that but that's fine Mr chairman thank you I told you it wasn't simple do uh do I have a second to the uh second any discussion Marissa please call the role John fley yes Michael josic Yes Richard larua yes Richard rager yes Mark Scott yes yes Lon tener yes chairman Kenneth Larry yes and congratulations it's been approved thank you very much Mr chairman members of the board Council professionals and staff have a great evening mariss do you want him to leave that or you want him to take it the exhibit oh you could you can leave it if you like fine fold it up for you oh thank you giving you the board you know he gets like this sometimes the bo that's that's expensive usually you don't want them though that's too many boards and next application 16-24 Eric and Allison erer for C VAR relief please come forward and Eric um I assume you're Eric I am okay please speak uh clearly and directly into the microphone since we need recordings for the state of New Jersey and Glenn would you like to Sure sir would you stand and raise your right hand please do you swear to tell the whole truth and nothing but the truth and proceedings before the board tonight to help you God I do and who might you be I am Eric erer resident Sparta of 40 Morning Star Drive and you're the applicant on this indeed okay sir thank you and Eric after you're finished we'll open it to our board engineer and the board members and then to the public sure I apologize I didn't bring my easel in board how can we help you uh so I placed an application for zoning variant uh c um I'd like to install a uh covered firewood storage and a garden shed along my property line approximately a foot off of the uh property line it the other part of the variance is that it would be uh four accessory structures on the property you received a copy of the October 16th report of Dave Simmons did you not I did okay great okay go ahead proceed uh okay so um the property uh sits on a lot of ledge rock um and uh I do a lot of my own uh you know Garden work and household work so I have tools and lawnmowers and all kinds of stuff that uh need this need the uh space um it has to be on that side of the property because of the ledge rock and the slope I can't install it on the um I guess it's the east side of the property uh where I would have a little bit more space which as you could see from the the the lot survey the reason why the house sits on such a Far Side of of the property is because of that ledge rock and slope um so I don't have really much other space to to place it other than in the front of the house which I really don't think would be desired by anybody myself especially um and so that those were the uh that's kind of where I've left with to to place them would you like to add anything else or that covers it all from your perspective I I think that covers it all we'll open it up now to our board Engineers report David certainly Mr chairman again for the record reading from the report of October 16th 20 24 um I did visit the property I met Mr erer out on the property uh and as he indicated there's no changes proposed other than the two proposed accessory structures uh they've got the 1 foot setback where 15t is required uh I point out that the when I was out there the proposed garden shed actually is constructed so it exists on the site right now uh and the other structure for the firewood storage was uh being proposed and the materials were there and it's waiting to see if the board will grant the approval to do that particular structure as Mr earler pointed out uh there's a couple other structures on the property and as pointed out in item number 3D he's got a total of four three are allowed and he wants to keep the four as I understand it yes please okay uh with regards to just some clarification between just so it's clear for the record uh the plans indicated one side in the application indicated another size maybe Mr erer can just put that on the record to clarify it yeah the the plan is accurate it's a four I think I put um uh sorry the the proposed garden shed is accurate as per plan 14t by 8T and the firewood coverage storage uh 20 foot by 8T okay just so that's clear on the record um with regards to storm water again the total impervious is going to be less than 500 square ft I believe we calculated it out at 280 Square ft so no additional storm water mitigation under the Township's ordinance is required they're not proposing any as I understand it and he can correct me if I'm wrong no changes in the lighting are proposed no additional lights on the shed uh no septic or Sewer Service to the shed subsequent to my inspection and the preparation of this report I did have that there was no water service propos osed to the two sheds but maybe Mr erer could comment on that because I understand that may have changed uh yeah if if at all possible I would like to um put a small like utility syn um in the shed so I could wash off you know tools and and that kind of thing um you know hose bib on the outside for a garden hose that that kind of stuff so I just pointed that out so that the appropriate permits if the board grants approval could be obtained from the construction official and also to let the board know that's the limit of what they're proposing in to do as far as utilities go uh no new Landscaping the lot is very nicely landscaped no signage no environmental impact statement I didn't see anything that raised concern environmentally and basically the permits they would need if it's approved by the board is from the construction official for both the buildings and the plumbing that you're discussing and that's my report Mr chair thank you David Marissa can you please call on the board members for any comments or questions John I have no comment Michael jic uh no comments rich laua just one question Dave what constitutes a wood storage being a structure I mean people store wood between trees and you know it's not that it's two levels where you going to be working in there why is this considered a structure in this case I think in this case because there actually and correct me if I'm wrong there actually is going to be a rof on the structure that would be accurate yeah there would be a there's going to be a roof on the fire storage not just supports for firewood that makes the difference okay that's my only question Richard robacker um I have a question I'm a little confused because in your application uh stating the the diin of the tool shed it's given in inches and it says it's 169 in wide and 20 in deep I think that's a typo that would in fact be a typo yes it's 21 uh it's 14t wide 8 ft deep 8T so that would be 96 in roughly 96 in okay all right I just wanted other than that I don't have any questions it just it bothers me thank you not much for 20 Ines Mark Scott this is uh have all and all the neighbors were informed of this right because this is right on the lot line right correct it's one foot off the lot line notice was given instead of 15 feet correct yes okay thank you can I comment that for just a second so my immediate direct neighbor um who sits right there I asked prior to so the garden shed is as Mr Simmons pointed out the garden shed is there the reason it's there is because um well first of all frankly I didn't know that I needed a permit for a shed which after being corrected on it no problem applying for it um but also because it was I had to take it I got it for free so they're like take it now or you know we're throwing in the garbage okay so before I placed the shed I asked uh George if he had any issues with it he did not um after being corrected that I needed the the permit and then variance I checked in with him again and again he said nope not a problem good luck thank you you're welcome and the shed is located behind the fence it is yes I drove by yes L tener I have no questions or comments Jennifer Paha no questions chairman Kenneth Larry no questions Eric do you have any other testimony you want to provide or not no not right thank you I'll now open it to the public if anyone has any questions or comments on this application please come forward okay uh Jesse wowski I am a still under old Jesse so yes I'm a I am a neighbor right um I'm the property to the left of Eric and behind Eric uh and then there's one neighbor contiguous on the right side so I'm the contiguous neighbor to the back and to the left all right raise your right hand please do you swear to tell the whole truth and nothing but the truth and the proceedings before the board tonight to help you God yes and spell your last name please w l o s k y yes and you're Sparta resident is that correct go ahead Jesse sure what are your questions so there's a reason why there's a VAR there's an ordinance for three shed Max because it becomes overwhelming to the neighbors so I can see everything in the back um and and this would be a fourth shed also what's not on the diagram is on the left side there's a big ass house tree something like 20 ft by 20 ft um on the right side what's not over here is a pile of wood that's maybe five or six feet tall all the way going to that first shed on the right side now I know in the HOA rules you're not supposed to put any shed or storage area in front of the house I'm not sure if the HOA allows a house a shed on the side of the house even though it's behind the fence no one on the street if you drive by by anybody's house you can't see a shed sheds are usually behind the house so here we have a row of wood on the right side that's maybe 80 ft long 6 feet high we have two sheds behind the fence we have a shed in the back we have a tree house on the left side and um you know I I think it's wrong I think that's why you have an ordinance to have like a Max of three sheds and not go to four not go to five and not go to six answer any of your question respond to to those comments please and then we'll have our board engineer David if he has any comments okay uh yeah so it is uh two sheds a firewood storage and then the fourth structure um is a uh like poolhouse restroom that is yet to be constructed um the tree house um or the tree fort is has no right regulations for it and is not considered part of an accessory structure um there's in fact I checked on it before I I constructed it for my girls and made sure that you know there weren't any permits that need that were needed or uh codes that had to be um followed for it so it's not uh part of the application process the firewood is absolutely right I mean it's there's a big pile of firewood in uh in the yard which is why I need the firewood store storage um I heat my house um you know by oil and trying to cut back on on the oil so I installed like a you know the firewood insert um I burn approximately five cords of wood a year um and so I need the the storage to be able to keep that dry especially with the cataly converter that's in that insert it needs extremely dry wood or it'll you know burn out the catalytic converter um so I I have the the need for it um it I don't believe them to be uh eyesores or um or excessive um you know uh the they match in color to the house blend in uh fairly well and um I don't believe that they are a detriment to the to the neighborhood all right thank you David do you have any comments of what Jesse had mentioned uh I can tell the board this that when I did meet the applicant out on site uh the proposed sheds are in fact behind the fence and behind the front line of the existing dwelling on the lot um at the point when I was out there on the site he did mention a fourth structure I believe it's one of the small structures about 5 foot by 5 foot by the pool that would be accurate and I'm looking at sheet number one of two and again it's at the Northerly end of the pavers around the existing swimming pool and as I scaled it off approximately it's about 5 foot by 5 foot I believe just for some pool equipment correct uh yes that that little uh box there that 5 foot 55 foot box is the uh the pool house restroom that I was referring to earlier right so it's from my personal observations inspecting the site it's a relatively small structure and but it does go over the three that are allowed but they're all with inside they're all inside the fence just so when I'm writing a resolution yes thanks Dave I I just to I want to make sure to clarify that so that the the one on the corner there the the proposed 14 by 8 14 ft x 8T shed the the fence meets the structure it is the it's not technically behind you know because for me behind would be physically behind something um but it would be behind the fence line if structure becomes part of the fence line even though there's no fence that would be accurate yes on the sidey not the front the front that's behind the fence side yes yeah the side to side fence I don't know whether you guys got the big plants but you can actually see it on the big side all right thank you Jesse I have any more questions in regards to the application um I would just say um again I'm not sure rather regarding HOA rules if you can have a shed on the side out of your house I know you cannot have one in front because the previous owner put a shed in front and back then uh it was a group of neighbors that were living there for a long time so they followed the rules but after covid we got like a lot more everybody's brand new a lot of new neighbors and uh I don't know if the new neighbors are part of the board of the HOA and if they know all the rules uh just could you comment on that I'm not going I am going to but I'm not going to the answer is all you should be talking about is what you know if any neighbors are here that also want to testify they can you should just tell I think I did that I didn't say you didn't you didn't you're not listening I am listening actually well then let me talk you can't speak for other people you can speak for yourself and that's fine which is what you did if there are other neighbors here that want to make comments that's perfectly acceptable we're trying to figure out which lot you actually live on so if you look where it says 35006 lot 49 lot 49 like the triangle there and then the the whole thing on the left side the hill on top of the hill yeah I'm I have a flag lot okay and he's got he's got a non-conforming lot because he's got a flag lot I guess exactly and I get to see and and that's the front of my house so the front of my house is the back of his house so I see everything and I hear everything okay but he's also got a FL line of his is here okay yep Eric can you do anything to accommodate his concern or not what can be done uh I mean fortunately Mr woski lives uh on the hill behind me um so unless the board would allow me to erect you know like a 50 foot you know screen I I I don't know how to accommodate you know the visual challenges um Mr wosi recently took down a whole bunch of trees which perhaps could uh so you know were some of the visual barrier um but you know again I I can't do anything about where the lot is located all right thank you so usually if somebody builds also a swimming pool they put maybe like evergreen trees as a barrier uh the trees that I removed were just long ass evergreen trees that basically leaves would fall in and actually uh if you if you have um solar panels you're going to get more sun and you're going to get Le less leaves in your pool but if you build uh if you put up some Evergreen green trees um you know that that block uh the block The View that I wouldn't see your pool and maybe the evergreen trees uh would uh also take away some of the noise from the summertime and I would agree with that that statement and I did I did it a plant for Norwegian sprues they just take time so there are there are special trees you know that Evergreen that totally block like every 3 ft and they're just strong and tall and that would be uh more privacy for you and uh more privacy for me S you would agree for a potential condition upon approval to have the landscaping and trees and so forth to mitigate I would be open to again like you know I have no issue with planting additional trees it's just I mean I can't I can't bring in a like a 50 foot you know again you'll be I would be open up absolutely basically if you you Google what are trees for you know blocking up it comes up on Google what trees like maybe these would be also good trees like for like the warehouse you could put trees in front of the warehouse to block the warehouse view so there are those kind of evergreen trees that would block like a 30 foot area when um uh thorough Labs opened in Newton uh one neighbor the parking area went right into his the coming in and out of the parking lot the lights went right into his house and Thor Labs put trees right in front all right Jesse so Eric said he would do some type of landscaping there and so forth so I'll have that in the U in the uh resolution okay yes I don't know about okay but all right thank you anyone else from the public have any comments questions regards to this application Dave Dave I got a quick question I got a Qui quick question for Dave he brought up an interesting aspect if this wood is used to fuel for fuel for his house heat the house how is that different than putting up a propane tank an outside propane tank or an above ground oil storage tank yeah I'm getting to the question of a structure that's no I I understand kind of a very gray area the only thing I can add about for example propane tank if it was not buried if it was above ground there are certain codes required from the plumbing and heating code and Gas Propane Society uh that and safety codes that requireed to be certain distances as well I don't believe those same codes pertain to this shed no no I don't mean that I mean in terms of this being a structure again a propane tank usually bolt down to a concrete pad right okay or Barry whatever right but not say if it's above ground theoretically you could put an oil tank above ground yes you could and again what what is a structure there at that point if if this is considered a heating Source Rich most of the time most of the time wood piles are not considered structures I think what what triggers it uh is the fact that there's going to be a roof over it or some covering Over the Top If it was just open and he just had a blue tarp yeah what about a tarp who wants to see a blue tarp no but I'm just saying but then if you put the tarp over the wood does that make it a structure no because it doesn't meet the uniform construction code stuff that D this is going to be an actually physically stick built constructed shed with a stick built rof roof shingles and what have you correct accurate okay all right anyone else in the public have just no not not shingles um um standing scene yeah yeah but it's going to be a structure accurate yes okay anyone else in the public have any questions comments on this application seeing no one else is now closed to the public the chair will entertain a motion approving this application if not the chair will make the motion I'd make the motion with Ken giving the details of the motion okay great yep we'll have our board attorney prepare the resolution approving application 16-24 block 3506 Lot 4 8 Eric and Allison area how do you pronounce your last name Eric erer Earl for SE variance relief with the side sidey yard variance being 14 feet David yes thank you and also with the applicant providing some Landscaping according to all plans and testimony submitted here tonight and adherence to our board Engineers report and also having the approvals the building permits etc etc from our Township construction official can I just ask a quick question you said 14 feet is that a reduction by 14 ft do you mean that's just what you asked for okay I want to make sure that wasn't like the set back becomes 14 it's a reduction not to worry okay it's good I'll be quiet now does does uh so John you accept those uh amendments I do Mr chairman uh if I may I think you also need a variance if you're so inclined for four sheds as opposed to three David yes you're correct David and John do you accept that I do thank you David thank you David and Mr chairman it'll be David will just review whatever Landscaping the applicant is going to do to make sure that it kind of accomplishes its purpose because it's easier for David to do it than anybody else I think yes thank you okay do we have a second second but you can Mis you any discussion Marissa please call the role John VY yes Michael jik Yes Richard larua yes Richard robacker yes Mark Scott yes lenon teneri yes chairman Kenneth Larry yes congratulations your applications been approved would you also like to wave your right to a written resolution yes Bo to entertain a motion so moved second please second second Marissa please call the role Sean FY yes Michael joic Yes Richard larua yes Richard robacker yes Mark Scott yes lenon tener yes chairman Kari yes good luck thank you gentlemen and ladies thank you next application 17-24 John Randy Earl for C variant please come forward sir do you swear to tell the whole truth and nothing but the truth and the proceedings before the board tonight's help you got yes what is your name Sir John Earl John you're gonna have to keep your voice up so mariss get you on tape but you can sit down and just make sure you kind of work the microphone like a loung singer or something right how can we help you John um I'm looking for variances for a existing property it's lot or block 27004 lot five it's 16 Glen Road it's on Lower Glenn Road just up from Main Street um there's an existing two-story dwelling on the plot that will stay in intact except for the the porch that's on the back now which will be removed there will be a an addition of about 8 by 18 ft put on the back and then that will accommodate a full second story so it'll be a four bedroom twostory building in the end it's currently a non-conforming lot approximately 50 ft by 140 ft deep deep So currently there's obviously many non-conforming um items on it including front yard setbacks side yard setbacks accessory structures setbacks let me make it simple Mr chairman you got a copy of Dave Simmons's October 9th report did you not yes and he listed all the variances do you disagree with his okay they listed on he needs the impervious coverage David say again Mr chairman he just needs the impervious coverage variance all the other variances are existing variances that is correct thank you that is correct so basically the impervious coverage goes from 36% to 36.9% and like I say the addition lies within the the building envelope so that's not going to increase any variances that already exist again it's just the impervious coverage variance John well but you'll have to include all the bulk variances that already exist obviously you have any other testimony you want to supply on the addition it's wood wood deck Etc um basically it's somewhat self-explanatory what's on the plan and David would you be so kind to go over your report certainly Mr chairman and again for the record I'm referring to the report we prepared dated October 9th 2024 and going over to sheet number two of the report uh with regards to the variances we discussed them and referenced them the impervious coverage is the variance that's being requested but I noted other conditions that are existing but I believe it's the board's policy agreement agreement that they'll Grant the variances for those to memorialize them as well with regards to item number four the variance plan I noted a few things uh the existing driveway going into the site is in need of repaving and it encroaches over to adjacent lot tax off four by about 4/10 of a foot in one area when the paving work is done I'd recommend that that encroach would be taken care of correct okay uh item 4B the existing Garage in the southernly corner of the property is a need of repair are the plans that'll be renovated and on the same footprint it is on now so okay no increase in variance there item C there's an existing 275 gallon fuel oil tank in the rear of the dwelling that's not shown on the plan that I saw when I inspected the site applicant to advise if the tank will be relocated or how the heating oil tank will be handled right they it will not be oil heat anymore it'll be electric heat pumps so that'll be removed and not replaced okay uh item 4D the dimensions of the proposed addition 8T by 18.8 ft by my calculations comes out to 145 Square ft which was used in the impervious coverage calculations the plan calls for 214 Square ft the addition area to be clarified the drawings will be amended okay to to what to the bigger number to the smaller number than smaller number ref small number okay okay on page three with regards to the utilities and item number five uh the existing dwelling is served by uh water from Sparta Township Water Department correct and that's going to continue I do point out I can't stress this enough uh the town of Newton 16-inch water transmission m comes down Glenn Road and that's not shown on the plan and this is Dave saying this for the record uh when you go to revise the plant you should have Newton come out and locate that I was there when it was hit in Andover you know where I'm going yeah the excavator wouldn't stop hting he thought it was a rock yeah so bottom line is we don't want you to have a problem so I'm bringing that up or Newton for that matter right we don't want anybody to have a problem with this especially Dave it'll be noted on the drawings okay good uh they are changing item 5B with regards to sewer the septic system is going away and they're going to tie into the township sewer system there is a sewer tie in so we don't have to dig up the street okay good and Electric's coming off of uh Glenn Road you'll just have to verify whether there's an easement where it crosses your neighbor um that the line in question is a phone line which will be removed during Demolition and probably will not be replaced anyway and if it is it'll be rep placed to the northeast or the northeast corner so the encroachment would be eliminated so the encroachment will be eliminated okay good uh there's a net increase in impervious coverage of about 70 square feet Which is less than the 500 square ft by the Township's ordinance so that's not an issue with regards to the architectural plans uh any new HVAC system exterior to the building most likely there'll be two heat pump condensers outside and they'll go either on the side of the deck and the deck will be tucked in or behind the deck so it won't encroach on the easan area or the side yard area and I noted that the existing dwelling has two bedrooms and if I understood the plans right you're going to make it into a four bedroom dwelling okay uh there wasn't an environmental impact statement provided for the application but again based on my observations out in the field other than what I've noted I didn't see any issues I list in item number nine the various approval that I believe would be required probably have to get a Highlands exemption it's not in the preservation area so I was told that it's it's in the planning area so it does not mean an EXA okay just as a double check check it okay and upon completion of the project if the board grants approval just an as built so we can verify all the dimensions and variances and what have you're adhere to and that's my report thank you David Marissa would you please call on the board members for comments and questions they may have John FY I have no questions Michael jic no questions Rich laufa Dave just one quick question he's testified that the impervious coverage is going from 36 to 36.9% and you said it's only 70 square feet I just want to confirm that's the uh it's it's a very minor increase from the existing variant that's all I want to confirm yes that's correct that's correct Richard robacker no questions mark Scott no questions lenon teneri no questions chairman Kenneth Larry oh yes um John will you be covering the deck no and no lighting no all right we usually put that in as conditions in our approvals okay that's fine all right thank you I'll now open it to the did you get a chance to go I don't I have no questions um excuse me Jennifer I'll now open it to the public for any comments or questions they may have please come forward seeing no one is now closed to the public and the chair will entertain a motion approving this application so the chair will make a motion to have a board attorney prepare resolution for application 17-24 block 270 for lot five John Earl for SE variant relief pervious coverage of 21.9% with the conditions the deck not be covered and also no Lighting on the deck according to all plans and testimony submitted here tonight an adherence to All Points in our board Engineers report and also to provide as build plans upon completion of the project signed by licensed New Jersey service do I have a second second any discussion Marissa please call the role John fley yes Michael jifi yes Rich larua yes Richard racker yes Mark Scott yes L teneri yes chairman Ken Larry yes John would you like to wave your right to a written resolution yes cherl entertain a motion second please second Marissa please call the rooll John FY yes Michael doic Yes Richard larua yes Richard robacker yes Mark Scott yes Lon tener yes chairman Kenneth Larry yes congratulations and good luck last application tonight is 18-24 Ryan and Christen Flynn for C iring relief please come forward I have these for reference as well if uh in case you need to quickly reference them but everyone should have a copy of them are you both going to be testifying uh I believe it will just be me if you can see no no no she has a chance to say whatever she wants to put your hands in the air please do you both swear to tell the whole truth and nothing but the truth in the proceedings before the board tonight to help you God we do what is your name ma'am Kristen Flynn a little louder Kristen Flynn and who are you wife I know you're the wife I got that who's the guy next to you though R Ryan Flyn okay then please speak loudly and clear enough into the microphone and how can we help you um so we are uh we reside at six Pier Street um here in Sparta um which is lot four block 3013 Lot 4 um we are proposing and asking to do an addition off the front of our house um it's extending the garage two-car Bay garage out by 8 ft and extending the two bedrooms that exist above the garage out by 8 ft as well um over the driveway um basically both bedrooms are uh fairly small they're about 10 by 11 um and they're both of our boys bedrooms uh we have two uh two boys 12 and nine of as of two weeks ago um four sport athletes that are growing uh like a we to say the least um so they are they have a lot of equipment uh between football lacrosse basketball ball and ice hockey um and so the the bedrooms are getting very very tight at this moment so um we we are asking for to to do an addition which requires uh a set of or a set of variances some of our bulk existing as well as a an impervious coverage front yard setback and a side yard setback um you know we we explored this conversation probably about two years ago amongst ourselves we we consulted with an architect they actually advised and probably and and advis us to build up um unfortunately the right side of the house um if you're looking at the the house from the front it's actually it has cathedral ceilings um with beams already and so basically goes up to the roof that was there when we purchased the house 10 and a half years ago um so to do an addition up would only actually be on one side of the house on the left um we did not like the idea of that um we actually tabled it for about a year and a half before reconvening to to come forth with this application um it we didn't like the Aesthetics of it um and we also thought it would actually be out of aesthetically conformance with our neighborhood which is generally bi Lev homes um we discussed moving which my my boys and my family and I chose not to move at this point we are basically very very heavily tied to the community um with a lot of residents and friends that we consider family at this point so um the the the proposed addition is to add about 200 square ft which is really just extending the bedrooms out and extending the garage um the uh the the imperious coverage would go up as you can see um I think it's existing 18 point uh 18.2 today it would be just 19.2 um and then obviously there's the the front yard setback um off the street which I believe there would be three houses still actually closer to the street just in our culdesac Alone um I think that kind of summarizes our our application and what we're looking to do and asking for would your wife like to add anything just my boys are getting taller and bigger than me and they just deserve to be able to have a full-size bed versus a twin-sized bed all right thank you David if you're so kind your report uh for the record referring to the report we prepared dated October 29th 2024 as the flynns described their application with regards to uh the zoning the bulk variances U again the new variances are the left side setback 30ft minimum required they're proposing 18.1 ft uh the total sidey yards are supposed to be at least 60 ft the totals of their particular house would be 41.6 and the impervious coverage 18% Max and there we'd be going up to 19.2% the other variant is oh in a front yard setback 75 ft minimum required 54.3 ft proposed under the addition that they're proposing to add the other variances that I added on were basically variances but they existing conditions that aren't being enlarged or Changed by this application uh with regards to the variance plan uh if they could know any enlarged HVAC systems that are going to be exterior to the dwelling uh there's the existing uh HB I haven't had those discussions yet with an electrical or HVAC cont contractor but I would anticipate that we're not going to be adding anything at this point okay and I just point out that based on the survey that was presented there is one section of the chain link fence around the swimming pool that is shown encroaching on to the adjacent tax slot three by about 9/10 of a foot we could correct that um yeah okay if required I will certainly have the chain link fence move back the uh okay uh again there connected to the water system in town they do have an existing septic system my understanding is the number of bedrooms is going to remain the same just enlarged yes so it should be all right but I as usually we recommend the county health department just for purposes of keeping up with their records approved to review and approve the plan with regards to Electric that's coming off of Pier Street uh with regards to storm drainage again uh the proposed addition is approximately 196 square feet uh they're less than the 500 square ft so no mitigation is required by the township ordinance I did point out that the plan should show where the gutter system is going to be directed to uh we talked about the architectural PL you're still keeping four bedrooms there was no Eis provided uh I point out the County Health Department the construction official and the water department just to verify they're all satisfied with the plans if the board approves it and again just to verify that all the variant Es are addressed appropriately during construction if the board approves it and it's constructed they have their licensed New Jersey land surveyor provide an asilt plan that's my report Mr chairman thank you David Marissa if you could call on the board members for any comments and questions please John fley I I just add one thing just I I forgot to note there is a small um Portico that's going to go over the existing front stoop as well in the plans just wanted to highlight that as well um all right David yes that was pointed out in my report too all right thank you go ahead Marissa John Vicky I have no questions Michael jic no questions Rich larua Dave the the sidey setbacks they already exist with the existing building that just that you're bringing them out since you're adding on it's continuous so it's they not increasing the side yard I don't believe so now it's going to remain the 18.1 yeah we're coming straight to the road it's that's it Richard robacker no questions mark Scott the variance issue here is is just the enlarged HVAC system I'm sorry could you repeat that please varant the variance issue here is just the enlarged HVAC system no I'm sorry I'm missing something the variances involved the new variances yes uh front yard setback because they're extending the garage if you will in the bedroom where 75 ft minimum is required what they're proposing with their addition is 54.3 Ft but they're already within that right I mean they're it's going closer to the front door right it's okay it's an additional a right I yes that in the additional impervious all I understand thank you yep L Ander I have no question questions Jennifer Paha no questions chairman Kenneth Larry no questions I'll now open it to the public if anyone in the public has any comments or questions please come forward seeing no one in the public it's now closed to the public back to the board which will entertain a motion approving the application I make the motion I'd like second will it be some amendments to mrle D's motion if accepts it yeah go ahead Ken we'll have our board attorney prepare the resolution for application 18-24 block 3013 lot four for Ryan and Kristen Flynn for C variance relief front yard 20.7 ft left side 11.9 ft pervious coverage 1.2% and total sidey yard 18 18.4 and are they correct David yes thank you according to all plans and testimonies submitted here tonight and of course adhering to All Points in our board Engineers report and also to provide as buil plans upon completion of the project signed off by a licensed New Jersey survey so now can we have a second now we can do a second any discussion Marissa please call the rooll John fley yes Michael jic Yes Richard larua yes Richard roer yes Mark Scott the motion included the the fence issue correct did I did I the the fence encroachment you're talking about Mark yes sir yes because it's in David's report yes okay they agreed you want to call that separately we can do that but it's in Dave's report but it will get done right but of course okay thank you yes yes sen yes L tener yes chairman Kenneth Larry yes and would you also like to wave your right to a written resolution yes CHL entertain a motion so moved second please second Marissa please call the rooll John py yes Michael jik Yes Richard larua yes Richard robacker yes Mark Scott yes Lannon tener yes chman Kenneth Larry yes congratulations and good luck thank you have a good [Applause] night now anyone else in the public would like to come forward and comment on issues or questions not on the agenda tonight okay it's now closed to the public the chair will entertain a motion ad joury I make the motion all a second please second all those in favor say I I no discussion no discussion on I will never go how many I always ask for discussion