now thank you good evening everyone this is to advise that notice of the time date location and to the extent known agenda of the subject meeting was prominently posted in the public place reserved for such or similar announcements on May 23rd 2024 mailed the Princeton packet Trenton Times and West Windsor Plainsboro news on May 23rd 2024 and fed with the Township Clerk on May 23rd 2024 call roll please Mr fredkin here Mr Gario Mr vany here Mr Raider pres Mr Marx Mr Jacobson Mr Church here Mr hman here and chairwoman Abby here first item is the staff appointment of a landscape architect Edward Sam how do you say his name sois uh please note that Michael has has [Laughter] arrived uh I think we uh I looked over I don't know does anybody have any questions about the staff appointment of a landscape architect Edward Senus is from Burgess and Associates which is where our planner is from as well David not we're just going to have a new consultant from the same company yes it's from the same company as our planner to replace uh Dan Dansk who retired he's he's not that old he retired so could I have a motion to approve the landscape architect I'll move to accept the new appointment moved by John Raider do we have a second I'll second who was that Carl Yeah seconded by Carl all in favor say I I any opposed none opposed motion is moved the minutes of February 1st 2024 does anybody have any corrections comments good to me anybody have anything no motion to approve minutes of February 1st 2024 which was the regular reorganization meeting so second moved by John and seconded by John raer and church all in favor say I I I any opposed seeing none the minutes for February 1st 2024 are approved if there's any member of the public that would like to make a comment on anything that is not on the agenda for tonight please come forward hi uh my name is Amara Roy um sorry can you say your name again and spell it for the sure um it's Amaria a m a r t y a last name Roy r o y so I'm the owner of 12 variant Avenue uh sorry yeah so I'm the owner of 12 Darian Avenue I recently bought this property so so uh we love this neighborhood um because of the the train station and then we we both of my my myself and my wife here we both uh travel into the city so um this uh current house it's a 700 Square ft home um on a 9,65 Square fet uh lot now um I think couple of months ago there was a Baran City survey um that was conducted here and I did get the opportunity to go through the um recordings now given the size of the home uh 700 Square fet uh we were looking to put an so that we can support um our family uh we both have aging parents and we would love to have them stay with us um this current home is just a two uh bedroom um with very low ceiling and one uh bathroom is this 12 Baran little yellow house yes okay so so we will be um so I I'm actually working with a um a architect at this time um and he was able to give me a perspective view of um how the new house would look like um if if I may share it with you today if that's possible have you spoken to Sam our zoning officer uh no I haven't probably make an appointment with Sam and he can give you some guidance and help you through the process yeah okay sounds good um and next next week I will be submitting the application as well and and then probably we can um I I mean given the lot size um and with the setback at least as on paper it's 20 ft so probably okay sounds good thank you anyone else seeing none we'll move on I need to close to close uh first application is ZB 2206 a request for one-year extension of approval this is an application we heard I guess a year ago 976 Alexander Road if you'd like to come forward and you sworn in I guess do you swear the testimony you're about to give the board is truthful I do thank you please introduce yourself uh my name is Nathan pring uh my wife Allison and my two sons and I live at 976 Alexander Road okay um we have a letter from your architect explaining uh what it is if you would just want to put on the record what it is that you're requesting yeah we're requesting an extension of the approval that was previously given approximately a year ago uh yeah we just uh it took a bit longer than what we were expecting to um solicit bids from very busy contractors uh so we're just uh wanting to extend that approval okay what's up no problem yeah um so just to get it on the record you are eliminating the second floor Edition renovation yes um but you want to keep the variant to extend the front porch yes and to extend the rear deck across the back of the home yes um does this mean that the variance for the second floor goes away okay okay good and then they don't have to build out to the full envelope is that what you're saying he can build whatever he wants to do once he gets it if you don't Grant the extension then sure sure but if we Grant the extension he doesn't have to build out to the full thing we appr right that's all he do may not need them okay okay so the permits you would be applying for would just be for the front front porch and the rear deck yeah yes correct okay any may have any since I voted against this application originally am I allowed to vote on the ex yes yes you are you I noticed you said there's uh no change to the floor area ratio but wouldn't it be reduced actually if you took off the second floor there is no currently no second floor the floor area ratio variance was approved to add the second floor that's why we needed variance second floor did it have floor area that needed approval because originally we were adding a second floor which required the floor area ratio variance my actually you're going to have less floor area now right well yes than than the original plan correct okay okay he's not going to move forward with the second floor but he wants to move forward said no change to the floor area ratio it's actually reducing it isn't it sorry I I misunderstood there's no change to the current floor area ratio because it's a single Fant just clarify one more time extending exactly appr yes exactly a year ago correct yes any other comments do you want to extend it for a year from now because this approval was the resolution was March so he'd be eating into that by coming here in June you can extend Ed from this meeting a year if if that's your pleasure I'm fine with that fine with that I'm okay with that okay I am too me it's only a front front and a back but one year I think from today is is fine all are you making progress with the new planet yes we are it's just it's been a we understand the problems that yeah a young baby and also um he's had a bit of sickness so it's taken a bit of time away from us as well so no we totally understand what's going on do we have a Mo I'll move approval for the extension to extend as of uh today as of June 6 we have a second second second by Carl I call the role Please Mr Garcia yes Mr Van Dyke yes Mr Raider yes Mr Marks yes Mr Church yes Vice chair hman yes and chairwoman Abby yes thank you thank you good luck you can also take off if you want to you don't have to you unless you want you want to see somebody else suffer I don't know okay moving on ZB 241 Mr Rome six robins Circle requesting sidey variance from 20 feet for an accessory struct structur to 10 feet for an existing 65 by14 mesh netting batting cage hello hi for the record that proof of notice proof of publication are all in order and we have jurisdiction this evening so if You' introduce yourself and spell your last name for our record uh sure my legal name is Elon S roome I go by Steve middle uh e l n r o m e I reside at 6 Robin Circle thank you very much did you need me to tell you everything's in order I have everything in the Box as well all the uh um the receipts you want to just uh explain to us what it is that you're the board yeah what you want to do if you need your documents that's okay okay so um so I've been a time resident bought I moved into this property in 2010 and at the time of putting in a pool um had some kids who played baseball and were and softball and we into it and we put up a meshed uh batting cage I didn't know that um uh that that required a permit shame on me so batting cage has actually been in place for well since 200 about 11 so uh um maybe even 2010 uh so almost 14 years um and then since then there was something that came to the Township's attention um I took care of that and that's when the batting cage kind of emerged as a uh as as something that uh uh got uh flagged that I was required to have a uh variance and uh um and I didn't have one so um I worked with Sam uh to uh put together the application um presented pictures I think you guys all have the packet batting cage is used quite regularly not just by my kid but a lot of other kids um I coach a lot of uh Sports little leag and and girls softball over the years and so um kind of view it as kind of a uh a driveway play a driveway basketball court where just instead of a basketball court kids come and and we uh we hit balls um uh I have a 12-year-old son right now I did my best to uh we never use it at night so I don't think sound is a problem and the balls frankly are kind of a little bit um soft for the machine that uh that I use for it um what else oh it's surrounded by mature trees that have been in place for about I don't know 14 years ever since I put them in uh it's uh not visible from the street or from the neighbors and um it's meshed uh so uh there's never any water problems or any uh um issues with uh um with a swamp or anything like that in fact there was a big problem with it beforehand before I put the trees in have you ever had to replace the netting not the uh what I do is I supplement it so I just you know where there's holes I I I patch it and at what point you had a a tarp or something over it and that's sort of yeah then and that was stupid to be honest with you and that came down immediately as soon as I found out that was it was yeah it was dumb um I have a question about the floring um that's impervious is that right water goes right through it it never water does go through oh yeah no it's never built up there's there's no problem there okay no it's all dirt it's just kind of that old AstroTurf stuff that yeah yeah basically and that's it and how tall was it again uh I put the dimensions in there I I want to say 12 or 14 feet um do we have just the flooring is pervious that mic is not an issue I assume or do we know what the existing m is the Improvement coverage doesn't matter whether it's pervious or impervious it's Improvement coverage so that doesn't matter as it relates to the mic calculation do we know what it stands at I think it's 18% is and if you included this perious material as Improvement coverage it would be 20.6% that's with the floor much that would be how much what was the perious with it would be 20.6% would be the Improvement he be okay without the bage it it's calculated unless it's Grass Grass AstroTurf it's it would still be calculated in I know that I know but you didn't have the astr turf thing in compliance it would be fine okay so so we're not we're not seeking uh Improvement or impervious coverage uh here even though there is we would have approve 20.6 is that right yes except applicant didn't notice for an mic variants oh what does that do to us the board doesn't have jurisdiction to approve it because it wasn't requested and noticed for we're not going to talk about M here leave this in a strange situation how so oh we know we have a non-compliant property that we're sort of approving half the non-compliance and not the other half I would think we'd have to approve the 20.7 well he said we can't the board doesn't have jurisdiction for that Mr Rome when you your notice the notice that you sent out uh to the folks did you just talk about the side yard set back or did you say such other relief or variances as necessary what does your notice say uh it was whatever the template was I can bring it up show you that's the proof turn on these in tonight is that the idea have you SE so we'll take your proof and notice that's great can take your cards you you don't need them anymore let me just find the the notti that went in I apologize there was a lot of P that's the thing you put in the paper do I understand correctly there are two situations here one is the sitb back of the baty cage and the other one is the mic because of the impervious well improved West is improved it's improved but it's not it's not impious because lewinter has this so even if the flooring came out it's still itself is if the if the flooring came out then there's no variance issue there's no violation there's no violation if the flooring came out right M the I stands for improve so the batting cage is considered to be improved which is okay I correct the problem he has asked for an improvement coverage VAR so so I kind of puts us in a situation here um where there something there that's not being applied for this was unusual because normally we go out and inspect sites when people want to do something new now it's something you did years ago and it's unusual we I was on as you know on the inspection team with Dan and Hike so we're it's kind of X poost facto after the fact you're asking approval now for something you did years ago unfortunately without a permit so that's a different situ the permit is not our business right yeah so it's up to Sam and his office my question is calculated within that 20.6 is the cage itself in other words even if he ripped up the floor oh would still be so even though it's pervious the fact that it has a floor you cut a few feet off the very end of it like carpet I go in my backyard and I lay down carpet yeah that that increases my Improvement coverage yard okay you roll it up don't carpet your back especially it's nasty you know it's a big thing to put astr Turf in your front yard in California so yeah the setback would still be the setback variance would still be in say he were to pull all the astr tur the setback variance would still be in play correct correct but also the mic would be problem the as it's it's basically it's a it's polls and on the PO he has the netting so it's not really calculating the Improvement coverage there's not impr C I thought it was a structure and that that's it's like a framework it's all open to the elements it's just structures that hold the net in place so what is this category comes under what because it's not it's an structure it's a struct which is why it's 20 feet correct instead 30 correct that's because it's not just it's a structure yes it meets a definition of an accessory structure my understand our task tonight is to deal with the side yard varience that is the that is the extent of what you're looking at to decide and then if we want to worry about the mick that would come through you correct and a later day and Steve and I have talked about a solution to the problem so we'll work it out so all you need to work about here is the side we don't have to no Okay can come that's good when we originally saw this you were asking you you were quoting a 30 fo setback requir turned out not to be there only 20 fet and now you want 10 feet Yes basically the side of yeah and I think you had inform that Parts because of the way Sam what is the sidey yard setback for a shed well there's no real definition for shed so it would be up to my interpretation but a sidey yard setback for the shed would be 10 feet okay get that's good to know years they haven't done it just like the chickens the chicken go there I I've got a curious question U there seem to be two Neighbors on the other side of your house but I don't see anything along the fence that is right next to your B cage is that open space yes that's the backyard of the house that's um the property that it joins me oh okay just they just have a big lot that it's they have a huge lot that yeah their house is way way over yeah not this from the street or anything totally drove around it and I drove by it twice and I went in the you know the only reason yeah the only reason it even came to my attention a complaint was filed anonymously and that's when Steve had put up the canvas when you put the canvas over it it you can see it it stands out then with it neither did we for 12 years until the campus went up and somebody complained and and for the record I have put in tons of permits with you guys over the years so that have always been compliant and so on I I just frankly did not know okay so what we should basically do at this point is just approve the sidey setb on yeah um can you talk about if you think back to when you would have come in or you were going to build this can you tell us about how this is anchored in the ground because that would be you would have probably had to have an inspection I assume and probably should get an inspection just to verify that this thing's not going to get pulled out of the ground and fly up in the air yeah so me and my contractor friend 12 years ago when it was a lot less painful on my back but um we dug fairly deep holes and basically it's all anchored into the ground um that's that's about it so um and it's surrounded by trees and fence so there's really no wind that can hit it the only thing would be snow and there's nothing load balancing about I mean um weight bearing that's uh that that it would that the snow would stick to any other questions I don't have a problem with this does anybody have a problem with this um yeah we'll do public comment and then um I can sort of go through sort of what what our findings for and then we'll vote you should also reference the site inspection committee's report for the record too yes uh we we noticed that the thing it really is not very visible from the street or from even I I suppose the neighbor on that side he's never said anything about it right no one has ever said anything in the last 12 years it's only when the canvas went that that this even got triggered so um I'll open this up to the public if there is anybody in the public that would like to say anything please come forward no yeah seeing none um motion to close the public comment close the public hearing moved by John Raider second I'll second second all in favor of closing the public comment say I I any opposed none opposed okay I don't think we have anybody that has a problem I do want to get into the record what our reasons are for deciding what we've decided before we go ahead and and vote the questions we have to answer are whether this benefits the community and residents I think it probably does whether it impairs the intent and purpose of the zoning plan don't see that that it does not impair it in any way I think the board agrees there doesn't seem to be any impact on the adjacent property owners The netting on this is dark which means you don't even see it um I asked about replacing the netting because if you ever did it should be dark yeah and um no tarps on the top never ever again no what on top no tarps one point he had a tarp went over it which was I guess lighter colored or something but that's what made it visible complain um I would also State the houses in the neighborhood are very very tall so this is not in any way dwarfing anything whatsoever and uh there are mature tall trees all around that are much taller than even the the cage itself which uh helps with the cutting out any visual aspects um the fact that you have this here that the type of ball that you use does not make a lot of noise so hopefully you'll comply with that continue to comply with that um I I would say see if everyone agrees I think it should be inspected I'm I'm sure that one of our inspectors can go out and just take a look at it quickly and and not be a problem but I would say that it does need to have an inspection it would have had one if you built it sure I I can work that out with Sam I think that was part of the next steps and our site inspection report was mostly positive I think John would you characterize it as that yeah uh the only thing is that we've seen this all the time frequently that uh we don't have an up-to-date survey and uh that's one reason we have to come and inspect but uh it happens all the time with us we work without survey so we have to weigh through vegetation so it always would be better if people would come with upto-date surveys and I would recommend that you update your survey to take these things into account so it doesn't make our job easy when there's no survey uh but we we got we we came and we did it so so the Varian is for this to be 10 ft from the property line or 8 feet because it is at 1 point8 something I think isn't it well we don't know exactly where it is so the problem is we don't have the survey this is an educated guess as to exactly where this thing is because we could measure it accurately things are in the way it was vegetation on a fence that not be like a proper survey like what it had the number you put it at the survey predated the cage the survey is from when he bought the house office prop before he put up the he has an older survey I'm saying for the purpose of determining the proper yeah it's same on the property line property line and where the where the cage is it's not shown it's not shown on if you feel you're comfortable Loca you feel you were comfortable finding the property line yeah we had we had to go to Google Earth to find the property line and everything survey this is our best guess as to where the cage is so do we have to designate a certain footage or what can we said we don't we don't know exactly where it is nobody knows exactly where it is is this I would say 10 feet would be the closest it would be to the property line and you might want to say 10 feet or it can't move from its existing Con location as of this date or something like that can't be moved okay it can't further it can't further encroach no nobody's switching to Lacrosse we're good baseball's narrow so will say that you cannot further encroach no problem thank you for that I think that's it anybody has anything else to add to the approval but those are the the things condition for the inspection say yes condition for the inspection netting stays dark I mean you know those those are ex is there something in the motion about a number it's regard to set Banks 10et 10 should I think it's just the where it's at yeah we got to specify an actual set I thought we could we just say it can't be any closer at least 10 feet that's probably it when he sell when he sells the property somebody's going to take a look and they're going to see that there was a variance granted and it it better have a a setback in there or else it's gonna be a problem if we approve a setback of a minimum of 10 feet will that allow him to keep his cage where it is should should that's best no check well Sam's happy with Sam's happy Sam R is a good point if you have a a seller then youve got to be specific with your number yeah take it down yeah so we removable it's not like taking down we can probably approve 10 if you get a survey some time it may show a two in approach and then you might have to do something no additional we made our best guess on I I felt comfortable remains dark I think you have them there don't tear down the trees I guess you'd be surprised you'd be surprised how many people tear down Tre beautiful okay I think that's it do we have somebody make the motion to approve this as all the previous statements do we have a second all the rooll please who's the second I'm s second was John sh okay thank you Mr garia yes Mr vany yes Mr Raider yes Mr Marx yes Mr Church yes Vice chair hman yes chairwoman Abby yes thank you thanks have a great summer you too your house looks like um Party Zone that look like a fun house it's it it may look like it but I'm in bed by nine so okay that's it anything else I think we can J so no July meeting but we do have one in August I'm not is August motion to adjourn motion made to adjourn by John Church all in favor say I I thank you everybody see you in August I haven't been out it is it is because you would think so that's that's way