Speaker 1 00:00:09 We're good to go. Good. All you, Mr. Chairman. Speaker 2 00:00:13 Thank you. Zoning Board of adjustment order. Adequate notice of this meeting was provided in the following ways. Notice published in the Courier News notice did post posted on the Bolton Board of the Municipal Building Notice made available to the township clerk notice sent to the co news and the star ledger. Will the clerk please call the role? Speaker 1 00:00:31 Mr. Weisman? Steve, you're muted Speaker 2 00:00:39 Here. Speaker 1 00:00:39 Thank you. Mr. Tillery. Here. Mr. Patel? Here. Mr. Regio? Here. Mr. Brown? Here. Mr. Haca? Here. Mr. Mitterando? Here. Mr. Here. And Chairman Cahill. Speaker 2 00:00:55 Here. Will everyone please stand for the salute to the flag? Speaker 3 00:01:01 My pleasure. Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. Speaker 2 00:01:14 Mr. Kail, do you have any changes to tonight's agenda? Speaker 4 00:01:18 Yes. We have three changes to tonight's agenda. Alicia Jimenez 20 Mitchell Avenue, Levi Adjourned until August 14th With no further notice. Edgar Lopez on Howard Street will be adjourned until August 14th, 2025. He must notice on switch 51 New England Avenue will be carried to September 25th with no further notice by the applicant. Those are all the changes that I have. Speaker 2 00:01:43 Okay, thank you. Before we start the meeting, I'd like to make a brief announcement. The Sony Board in Piscataway here is a volunteer board. A lot of the members tonight work have worked their full-time jobs today, and now they're, they're volunteering their time this evening for you applicants. So I would ask that both the attorneys and applicants be as concise as possible, but be brief in the possibility for us to get through this meeting in a timely manner. So, I appreciate all cooperation. Let's call item number seven twenty five twenty five dash EB dash 49 V. Kazi. UIN Speaker 4 00:02:21 Is Kazi Uin present? Speaker 5 00:02:24 Yes, I'm here. Speaker 4 00:02:26 Okay. I need to swear you in. Could you raise your right hand? Please? Raise your right hand. Do you swear the testimony you're about to give shall be the truth? Do you swear that the testimony you're about to give shall be the truth? Speaker 5 00:02:44 Yes, I do. Speaker 4 00:02:46 Okay. Explain to the board why you're here, please. Speaker 5 00:02:50 I'm here because I want to actually redo my fence. I want to redo my fence, and then I'm requesting the board that to approve my fence to be moved 15 feet outwards. So that will also remain another like 15 feet from the water. Yeah. Just to redo my fence. Speaker 2 00:03:14 Okay. Jonathan, you wanna jump in here? Speaker 6 00:03:18 Sure. We're, we're requesting that the fence be brought in an additional three feet from the property line to make it half of what's required for the zone 18 feet, where 35 is required. Additionally, we're going to condition with the approval of landscape buffer to screen the, the white vinyl fence along Water Street. And we'll be happy to work with you on the design and installation of that Speaker 2 00:03:44 Mr. Ton. If those terms are acceptable, we can, I can pretty much tell you we can move forward right now. Speaker 5 00:03:56 I, I'm sorry, I I didn't hear you. I didn't hear what the recommendation was. Speaker 6 00:04:02 There's two recommendations. We're going to move the fence three additional feet in to make it 18 feet from the property line. That's the first one. Then the second one is we're going to require plants along the outside of the fence along Water Street. Speaker 5 00:04:19 So I can't, you're saying that I can move the fence almost like three feet Speaker 6 00:04:29 To make it total 18 feet from the property line Speaker 2 00:04:32 Instead of 15. It's gonna be 18. Have to buffer the buffer, the fence with landscape. Okay. If Speaker 5 00:04:39 You can do that, Speaker 2 00:04:40 I can take a Speaker 5 00:04:40 Vote right now. Speaker 2 00:04:41 Any other members of the I that questions or comments? Hearing none? I'm gonna open it to the public. Anyone in the public have any comments or questions about this application? Speaker 1 00:04:52 No. One chairman. Speaker 2 00:04:53 Okay. Close the public portion. I make motion to approve this application. Can I get a second? Second. Thanks. Call roll. Speaker 1 00:05:00 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Blo? Yes. Mr. Haka? Yes. Mr. Mitterando? Yes. Mr. Ali? Yes. And Chairman Cahill? Speaker 2 00:05:15 Yes. Speaker 4 00:05:16 Mr. Ruen, your application's been approved. Will memorialize it in a written document at our next meeting, and we'll send that document to you. Speaker 5 00:05:24 Okay? Thank you. Do I need to go to the city to talk to anyone for anything? Speaker 1 00:05:28 No. I'll, I'll email you. Speaker 5 00:05:30 Thank you. I'm sorry. Speaker 2 00:05:32 Can I, sir, do, Speaker 5 00:05:33 Do you want me to drop, drop over the call? Thank you. Bye. Speaker 2 00:05:38 I think we're good. Okay. Item number 8 25 dash ZB dash 50 v Omar Hab. Speaker 4 00:05:45 Is Omar Hab present? Speaker 1 00:05:48 Yes. I'm present. Speaker 4 00:05:50 I need to swear you in. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth? Speaker 7 00:05:57 Yes. Speaker 2 00:05:59 Okay. Could you explain to the board why you're here? Speaker 7 00:06:02 Okay. I'm here because, so I've been living in 3 82 Williams Street for over 20 years, and the fence has been in the same spot. And after I replaced some panels that fell during a storm, I was notified that the fence was too close to the sidewalk. So I'm here for a variance because I'm on a quiet dead end street, and it's been like this for over 20 years. Speaker 2 00:06:24 Okay. Mr. Rahi, could you jump in here? Speaker 6 00:06:27 We're, we're going to request the, the half width of what's required for the zone. So we'd like to see the fence be brought in 18 feet from Wildwood Drive. What's we, we noticed a lattice fence enclosure on the corner. What's inside that lattice fence area. Does that still exist? Speaker 7 00:06:44 Yes, it's empty. And I sent Laura a picture of it, but it was very, I just sent it right before this meeting, so Oh, yeah, I didn't, yeah, Speaker 6 00:06:53 Sorry. Okay. And the condition of the shed, is that in, is that in good, good shape? Does it need to be repaired? Speaker 7 00:07:02 No, the shed is good. I also sent a picture of where I removed it from because of Speaker 6 00:07:07 Okay. Do you un, do you understand if the shed does need to be replaced or substantially repaired? It needs to be relocated to a conforming location? Speaker 7 00:07:14 Yes, sir. Speaker 6 00:07:15 Okay. And then in addition to moving the fence, we're also gonna require the landscaping along Wildwood Drive. Speaker 7 00:07:23 Okay. Could you explain what that means, sir? Do I have to plant something there? Speaker 6 00:07:26 So in the staff report, we break it down shrub space, three to six feet on center, and then those shrubs need to be between 18 to 24 inches in height. You can install them your, it's an easy size to install yourself, or you can get a landscaper to help you. We can work after the call on what type of shrubs, but we, we give you a good leeway. That way it can be something that you'd also like as well. Speaker 7 00:07:54 Okay. Speaker 2 00:07:56 All right. Mr. Hega, if you can agree to those terms, I can say we can move forward with this right now. Speaker 7 00:08:02 Who's back for the 25 feet? So, I, I, is there, there's, is there anything I can do about the distance of the fence? Yeah, Speaker 2 00:08:10 Unfortunately, even, even it was installed 50 years ago. It's, it's in a nonconforming, it's an illegal fence. The fact that it got caught 20 years later is just, you know, unlucky for you at this point, you know, but it, it's, it's something that the township normally regulates. Is it 35 feet, Jonathan? Normally Speaker 6 00:08:31 Yes. For this zone it's 35 feet. Speaker 2 00:08:32 Alright. So, you know, it could, it could be worse, which, Speaker 6 00:08:36 Which is in line with the front corner of the house. So that would, to give you an idea of how far that would be coming in. Speaker 7 00:08:45 Okay. Speaker 2 00:08:46 All right. So 18 feet shrubs. And if anything happens to that shed, it cannot be replaced in that spot. It's gotta go someplace that's conforming. Okay? Yes, sir. No problem. Great. Any members of the board have any questions or comments? Hearing none? I'm gonna go to the public. Anyone on the public have any comments or questions about this application? Speaker 1 00:09:07 No. One chairman. Speaker 2 00:09:08 Okay. Close the public portion. I'd make a motion to approve this. I'd love this town. Make a motion. Speaker 1 00:09:14 Who, who? Second. I'm sorry. Speaker 2 00:09:17 Artie. Speaker 1 00:09:17 Thank you. Speaker 2 00:09:18 Thank you. Artie, please call a role. Speaker 1 00:09:20 Mr. Weisman? Speaker 2 00:09:21 Yes. Speaker 1 00:09:22 Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Blo? Yes. Mr. Hika? Yes. Mr. Mitterando? Yes. Mr. Ley? Yes. And Chairman Cahill? Speaker 2 00:09:35 Yes. Speaker 4 00:09:36 Your application as amended has been approved. We'll memorialize this in a written document in our next meeting and we'll send that document to you. Speaker 2 00:09:43 Yes sir. Thank you. Good luck, sir. Thank you. Item number 9 25 dash ZB dash 46 V. Edith Spro. Speaker 4 00:09:53 Is Ms. Sproul present? Speaker 8 00:09:55 Yes. Yes I am. Speaker 4 00:09:57 Good evening. I need to swear you in. Do you swear that the testimony you're about to give should be the truth? Speaker 8 00:10:03 Yes. Speaker 4 00:10:04 Thank you. Could you explain to the board why you're here? Speaker 8 00:10:07 I have a fence in the shed and it's impacting the easement at the corner of my house. And I'm asking for a variance. I think it's a zoning variance. Speaker 2 00:10:22 Okay. Speaker 6 00:10:23 Okay. The, the shed is, excuse me, the fence is located down the middle of the easement area. So, and it's existing, so we're not anticipating any interference with utilities. Right. The shed is 10.7 feet in height, which is a little bit too tall for what we require. Is it in, is in good condition? Is it gonna need to be repaired anytime soon? Speaker 8 00:10:47 It's in good condition and I have no leaks or anything. So right now it's in very good condition. Speaker 6 00:10:54 Okay. So just like the last applicant, if it does need to be repaired, it's gonna have to be brought down in size. Okay. And be moved to a conforming location. Speaker 8 00:11:01 Okay. Speaker 6 00:11:03 You're going to need to enter a memorandum of restriction in order for any permits to be issued. So all that means is if we need to access the easement area, you're responsible for removing the fence, the shed, or anything else that's in the way. Okay. Do you agree to that? Speaker 8 00:11:18 I agree. Speaker 6 00:11:19 Okay. Okay, great. Speaker 2 00:11:20 I got, that's awesome. Thank you. Ms. Any other members of the board of any questions or comments? Hearing none? I'm gonna go to the public. Anyone in the pub have any questions or comments about this application? Speaker 1 00:11:32 No. One chairman, Speaker 2 00:11:33 Close the public portion. I'd make a motion to approve this app. I second please call the roll. Speaker 1 00:11:40 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Reggio? Yes. Mr. Bla? Speaker 2 00:11:48 Yes. Speaker 1 00:11:48 Mr. Haka? Yes. Mr. Mitterando? Yes. Mr. Riley? Yes. And Chairman Cahill? Speaker 2 00:11:55 Yes Speaker 4 00:11:56 Ma'am. Your application's been approved. We'll memorialize this in a written document at our next meeting. You don't need to be present for that. We'll mail that document to you. Speaker 8 00:12:04 Okay? Thank you very much. Speaker 2 00:12:05 Thank you ma'am. Have a great night. Good night. Speaker 8 00:12:07 Okay. Thank you. Shall I sign off now or you want me to stay on? Speaker 2 00:12:10 Yeah. No, no, no, you don't. We have to be here. You don't, you can Speaker 1 00:12:13 Sign off. Speaker 8 00:12:15 Okay. I don't wanna cut any, just Speaker 2 00:12:16 Have a great evening. Speaker 8 00:12:17 Okay. Thank you. Alright, Speaker 2 00:12:18 Laura, I'm jumping over 10, right? Jim and Laura, jump jumping over 10. Speaker 1 00:12:22 Yes. Right to 11. Speaker 2 00:12:24 Okay. Let's go to item number 1125 dash ZB dash 43 V to lock. Raj. Raj, Sony. Raj. Sony Speaker 4 00:12:37 Is the applicant present? Speaker 1 00:12:42 I saw him on earlier. Mr. Sony. Speaker 4 00:12:46 Mr. Sony, are you present? So mute? Speaker 1 00:12:53 I don't see him. I did see him when we first signed on. Okay. Speaker 2 00:12:56 Well let's jump over him. We'll come back to number 11. Like I said, any the interest of expediting this meeting. Let's jump over to item number 12, which is 25 dash zb dash 48 V. Eric Koski. Speaker 9 00:13:11 Yep, that's me. Speaker 4 00:13:13 I need to swear you in. Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth? Speaker 9 00:13:19 Yes. Speaker 4 00:13:20 Okay. Could you explain to the board why you're here? Speaker 9 00:13:23 Yes. I'm applying for a variance for a fence trying to put in my backyard. My house is on a corner lot. So the side fence would be going within the, the front yard setback. So I'm just trying to get it to the same as the neighbor who's directly across the street from me, who's also on the corner. Speaker 2 00:13:44 Okay. Jonathan, busy man tonight. So Speaker 6 00:13:47 Mr. Pokaski, this is gonna sound very familiar. We're gonna request half of what's required for the zone. So that would be 25 feet from Crestwood Street property line where 50 is required. That's from the property line, not from the curb. Speaker 9 00:14:04 Okay. Speaker 6 00:14:04 Okay. And then we're also gonna require a landscape screen as well. So those are the only two conditions that we have for this application. Speaker 9 00:14:14 Okay. If it's a shorter fence than the six feet that I'm requesting, does that change how close to the property line? It can be Speaker 6 00:14:23 If it's a four foot fence and 50% open, you can go up to the property line how you have it shown in your diagram. Speaker 9 00:14:31 Okay. And if it's, Speaker 6 00:14:33 If you're considering changing it, I would go for the variance for the, the six foot fence, which you're presenting right now. And then when you apply for your permit afterwards, you can propose a four foot, 50% solid. Speaker 9 00:14:47 Okay. Got it. And then also just to check, because the neighbor across the street has the same fence and is directly on the property line, there's no likely, Speaker 2 00:14:56 This happens Speaker 6 00:14:57 A lot. Illegal construction? Speaker 2 00:14:58 Yeah, it happens a lot where the neighbors have an illegal fence up. We can't grant you permission to put up an illegal fence because they do, they'll probably be getting a visit from Piscataway code enforcement department. Speaker 9 00:15:10 Okay. And then also, just one more question too is on the landscape buffer, is it possible to put it inside fence so that the deer don't eat it or Speaker 6 00:15:21 We'll work together on deer resistant selections, but the intent is to minimize the, the visual impact of the white vinyl to the neighboring properties. Speaker 9 00:15:32 Okay, got it. Speaker 2 00:15:34 There's stuff on the market that deer do not eat. And a lot of times Jonathan will recommend that type of shrub or brush. So there's there's ways around it. Speaker 9 00:15:42 Okay. Sorry. Yeah, I was just ask, you can agree, Speaker 2 00:15:47 Confirm? No, you go first. Go. Speaker 9 00:15:49 Okay. No, I was just gonna ask, so to confirm, the closest with the six foot that I could go would be 25 feet from Crestwood Street, Speaker 6 00:15:56 25 feet from the property line. Speaker 9 00:15:59 Okay. Speaker 6 00:16:00 So it from the curb, I believe it's 10 feet from the curb to the property line. So it'd be 35 feet from the curb. Approximately. Speaker 9 00:16:07 Approximately. Okay. And then, Speaker 2 00:16:11 So we can move ahead, we can move ahead on that tonight. Approve it. If you change your mind and decide to go with a four foot 50%, you can put that fence up on the property line. Speaker 9 00:16:21 I could put that on the property line if it was four foot, Speaker 2 00:16:24 50% Speaker 9 00:16:25 And 50%. Okay. Right. Got it. So Speaker 2 00:16:28 You have that option. Okay. Speaker 9 00:16:29 Okay. Would I need to come back to the board to request that? Not Speaker 6 00:16:32 For the forefoot 50% solid? No. Speaker 9 00:16:35 Okay. Got it. Thank you. Yeah. Speaker 2 00:16:37 Sound good? Speaker 9 00:16:38 Yep, agreed. Okay, thank you. Speaker 2 00:16:39 Any members of the board of any questions or comments for Mr. Kansky or this application? Hearing none, I'm gonna open it to the public. Anyone in the public have any questions or comments for this application? Speaker 1 00:16:52 No. One chairman. Speaker 2 00:16:53 Okay. Close the public portion. I'd make a motion to approve this application. Can I get a second? I'll second. Second it please call and roll. Speaker 1 00:17:00 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Bla? Yes. Mr. Heka? Yes. Mr. Mitterando? Yes. Mr. Ellie? Yes. And Chairman Cahill? Speaker 2 00:17:16 Yes. Speaker 4 00:17:17 We will memorialize this in a written document at our next meeting. We'll send that document to you. Speaker 9 00:17:22 Thank you. Speaker 2 00:17:23 Have a good night, sir. Speaker 9 00:17:24 You too. Speaker 2 00:17:25 Laura, can you tell me if Mr. Sony is on? Speaker 1 00:17:30 Yes. Speaker 2 00:17:31 Okay. Speaker 1 00:17:32 He has to unmute himself. Mr. Sony, you're muted. There you go. Hi. Speaker 10 00:17:36 Good evening. Good evening. I'm sorry, I could not correct before Speaker 2 00:17:43 That. It's okay. Well, I'm glad we double back to you, sir. Speaker 4 00:17:45 Okay. Mr. Sony, I need to swear you in. Could you raise your right hand? Do you swear that the testimony you give should be the truth? Do you swear to tell the truth? Speaker 10 00:17:58 Yes. Speaker 4 00:17:59 Okay. Thank you. Yes. Your name please. Te Thank you. Could you explain to the board what you'd like to do here? Yes. Speaker 10 00:18:12 We, you know, we would like to, we would like to do the extension for the home. So my dad is 84 years old, so right now we have a problem. Like he cannot move too much. Only with the wheelchair. You know, we can move him around and Speaker 4 00:18:33 For a minute Speaker 10 00:18:36 Extension for, and we are asking, hold on, Speaker 4 00:18:39 Hold on a second. Hold on a second. What is your name? Speaker 10 00:18:43 My name is Jit, Sony rj. Sony. Speaker 4 00:18:47 Okay. Could you raise your right hand? Speaker 10 00:18:52 Yes, please. Speaker 4 00:18:53 Do you swear that the testimony you're about to give should be the truth? Speaker 10 00:18:56 Yes. Speaker 4 00:18:57 Thank you. Go ahead. You can please continue. Speaker 10 00:19:00 Oh, okay. So we want to do the extension for the home so I can move in with my dad and my family. So, so we are looking for extra 223 square feet so we can make two additional bedrooms and extend the kitchen. Okay. Okay. Speaker 4 00:19:28 Jonathan, can you jump in here, sir? Speaker 6 00:19:29 Certainly The, the floor plan, Mr. Sony is a little confusing to us. We were hoping you can clarify a few things. Sure. You're gonna have to enter a, a deed restriction that this is from residential use only. I'm just open up the plan here. Speaker 10 00:19:50 That is no problem at all. We will do Speaker 6 00:19:52 That on the, on the first floor. On the first floor plan, it appears that there's a, the lower level plan. Yes. It appears that there's a side entrance into a lounge with an office space. Can you explain that please? Speaker 10 00:20:06 Yeah, you know, I'm like, I'm a CPA, so usually clients, you know, drop me the papers. So I was thinking to put my office downstairs, but I'm just gonna keep the office only and not, the clients will not be coming to meet. We can make the test. We'll not make the entrance from that side then Speaker 6 00:20:29 The entrance? No, the, we wouldn't allow the business to operate inside the dwelling. It would have to be in a separate location. It would not be allowed. Speaker 10 00:20:37 Yes. Business will be, I have a current office, so then I will not mean of, I will have the office in there, but I'm not gonna be meeting the clients there. So it's gonna be home office for my own use. Speaker 6 00:20:50 Understood. Okay. That's acceptable. So the removing the lounge should help you reduce the footprint. We're not going to allow you to go over your building coverage. You are at, hold the report here, 23.9% proposed building coverage. We, we we're not gonna go over 20%. Okay. So you're gonna have to revise your, your floor plan. Speaker 10 00:21:18 Yeah, but then, then I will not have the complete set because the kitchen is gonna be only nine feet from upstairs. 'cause that's the whole reason was for the, going to the variance. Because this way I will have the extension to the kitchen for like all, there's, Speaker 6 00:21:36 There's other variances that can be granted without allowing the coverage to be granted. Like your front yard, your rear yard, your shed, your garage provides to a conforming size Speaker 10 00:21:49 Shed. I can remove it because sheddy don't even need it. Speaker 6 00:21:53 Okay. That'll help with your building coverage. We're, we're not going to, we're not going to allow over 20% for the building coverage. So there needs to be, you have a bathroom with every single bedroom that could be reduced. Speaker 10 00:22:10 No, but then the problem is the, the other main bedroom, it it's gonna be smaller in area because my, my kids are working from the home. So we need the, like everybody needs a desk and table in the room so they don't have the office place. Speaker 6 00:22:28 I understand a desk and table, but we're talking about restrooms attached to the, attached to the bedrooms. If you do not wanna revise the floor plan, we can allow the board to, to vote on the matter. But I'm, I'm trying to come to a compromise. Speaker 10 00:22:45 I mean, the only thing is like, you know, we are looking for the homes everywhere and right now we could not succeed in getting the home so we can sell this. So the only option, now this one is the only option we have left with, because wherever we bid, somebody over bid us. So that's the problem. I don't know if you could help us out in getting this thing done. I mean, we are ready to do any other things, testimonies, everything is acceptable. Speaker 2 00:23:16 Well, clearly it isn't because Jonathan's made three suggestions and you don't want to, I mean, does every room have to have a bathroom? I mean, my, my house, I have two and a half baths. Five, five bedrooms. So my, everyone in my house doesn't have a bathroom. So I'm just saying you have to compromise with us. I, you, you're asking for a big piece of the pie and we're gonna give you some pie, but you got, you gotta work with us, right? So you can't take the whole thing. Speaker 10 00:23:43 Just if you can please Speaker 11 00:23:44 Give us, Mr. Chairman, maybe I could interrupt a second. John. We had case cases similar to this where the applicant comes and meets with the township staff. And my recollection is most of 'em get resolved in that process. Speaker 2 00:24:01 I agree. Speaker 11 00:24:02 And it may make make sense for this applicant to sit down with Jonathan and see what his options are. Speaker 2 00:24:11 Does that meet with you, Mr. Speaker 11 00:24:12 I I think, I think trying to do it on, on the fly right now, he's not gonna be satisfied. Speaker 2 00:24:18 Yeah, I I can read the, the temperature of the board and it's, it's not gonna fly tonight Mr. Sony with, with what you want and with what the township's proposing. However, John said something that makes a lot of sense. The two of you sit down, you go over each aspect of the application, Jonathan will tell you where the township is willing to compromise, and then you're gonna have to compromise and we'll get this thing done. Sure. So I would say, put this off. How many meetings in August there, Laura? Speaker 1 00:24:45 One Speaker 2 00:24:45 One. Just one. Speaker 1 00:24:46 August 14th. Speaker 2 00:24:48 How loaded is that? Speaker 1 00:24:50 Just loaded as this one. But it doesn't matter if somebody messes something up. So we could do August. Speaker 2 00:24:54 Okay. Is Mr. So I think that'd be the best course right now, to be honest with you. Let's move this application to, to next month. But between now and next month's meeting, you come into Jonathan's office and you sit down and, and iron this out. Speaker 4 00:25:09 Okay? Sure. Speaker 2 00:25:10 Alright. Okay. Sure. I don't think you'd be happy with the, with the outcome if we voted on this tonight. Sure. Speaker 4 00:25:17 So anyone Sony application is, it is going to be adjourned until August 14th with no further notice about the applicant. The only notice you're receiving is my announcement here tonight. Thank you. We'll see you in August. Speaker 2 00:25:30 Okay. So thank you. Speaker 4 00:25:30 Thank you very much. Thanks for your all. Speaker 2 00:25:36 Let's move on to item number 13. Richard Truong, 25 dash ZB dash 53 V. Speaker 12 00:25:45 Hi. Good evening. Tempo. Speaker 4 00:25:49 Sir, I need to, I need to swear you in. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth? Speaker 12 00:25:57 Yes. Speaker 4 00:25:59 Okay. Put your hand down. Explain to the board while you're here. Speaker 12 00:26:03 Yes. Speaker 4 00:26:06 You can put your hand down. Okay. Explain to the board why you're here. Speaker 12 00:26:11 Yes, I'm here because I plan to install the fence around the house. And it just happened that one side of the fence would be in the middle of the easement and I'm applying for the variance. Speaker 2 00:26:33 Okay. Jonathan, sound like a broken record. I'm sorry. Speaker 6 00:26:39 We, we believe this easement is well suited for the, the fence to go down the middle of it. So we're requesting a utility mark out prior to the fence being installed. Just to make sure we're not hitting anything underground. We won't require a landscape buffer. And you will also have to enter a memorandum of restriction. So, as I explained before, we will not issue any permits until you sign a memorandum of restriction stating that if the township needs to access the easement, you're responsible for removing the fence shed or any other improvement in that area. Speaker 12 00:27:16 Understood. Speaker 6 00:27:17 Okay. Is that okay? And the condition of the, in the condition of the shed, does it need to be repaired or replaced anytime soon? Speaker 12 00:27:23 Well, the shed, when I purchased the house I moved in last year, it was in a very bad shape. So the only thing left from the shed is like the, you know, the, the, the platform. So a few blocks left there. So, Speaker 6 00:27:39 Okay. So we will not allow you to rebuild the shed in the same location. You will need to come in for a permit to put up a new shed and then you will show us where you will put it in a conforming location, okay? Speaker 12 00:27:51 Okay. Speaker 6 00:27:51 All right. Thank you. Speaker 12 00:27:53 Thank you. Speaker 2 00:27:53 Any, any members of the board have any questions or comments? Nothing. All right. Gonna open it to the public. Anyone in the public have any comments or questions about this application? Speaker 1 00:28:04 No. One chairman. Speaker 2 00:28:05 Okay. Close the public portion. Shall I make a motion to approve this application? I'll second. Thank you. Call the roll. Speaker 1 00:28:11 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Bla? Yes. Mr. Haka? Yes. Mr. Mitterando? Yes. Mr. Ellie? Yes. And Chairman Cahill? Speaker 2 00:28:28 Yes. Speaker 4 00:28:29 Your application's been approved. We'll memorialize it in a written document at our next meeting. We'll send that document to you. Good luck. Speaker 12 00:28:36 Thank you very much. Speaker 2 00:28:37 Thank you, sir. Have a good night. Item number 1425 dash ZB dash 55 V. Amanda OV Speaker 4 00:28:46 Is Amanda Ovv present Speaker 13 00:28:48 Me. Speaker 4 00:28:49 Okay. I need to swear you in. Could you raise your right hand? Do you swear that the testimony you're about to give should be, do you swear that the testimony you're about to give should be the truth? Speaker 1 00:28:58 Yes. Speaker 4 00:28:59 Okay. Could you explain to the board why you're here? Speaker 13 00:29:02 I am asking for a variance surprise to put up a six foot vinyl fence on a, on a corner lot. We live on the corner of Montgomery and Evans is the issue there. Yeah. Speaker 2 00:29:18 Okay. Again, broken record. Jonathan, you wanna jump in? Speaker 6 00:29:24 We're requesting 12 feet where 25 feet is required off of the property line from Montgomery Street and landscape screening along the fence frontage on Montgomery Street. And the shed will need to be relocated once it's time for it to be repaired or replaced. Speaker 1 00:29:45 Got it. Speaker 2 00:29:46 Is that okay with you Ms. Ms. Kyle? Yeah. Speaker 1 00:29:48 Just like, why 12 feet? Just wondering. Speaker 6 00:29:52 25 feet is required. So we're, we're offering half of the required amount? Yeah. Speaker 1 00:29:58 Okay. Yeah. Speaker 2 00:30:01 Okay. Any other members of the board have any questions or comments? Hearing none? I'm gonna open it to the public. Anyone in the public portion have any questions or comments about this application? Speaker 1 00:30:12 No. One chairman. Speaker 2 00:30:13 Okay. Close the public portion. I'd make a motion to approve this application. Gotta get a second. Speaker 1 00:30:17 I second it. Speaker 2 00:30:19 Thank you. Please call the roll. Speaker 1 00:30:20 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Bla? Yes. Mr. Hika? Yes. Mr. Mitterando? Yes. Mr. Re? Yes. And Chairman Cahill? Yes. Speaker 4 00:30:38 Ms. Ms. Coff, your application's been approved as amended. We will memorialize it in a written document and we'll send that document to you. Good luck. Speaker 1 00:30:45 Okay. Thank you. Speaker 2 00:30:46 Have a good night. Speaker 1 00:30:47 A good night. Speaker 2 00:30:48 Go to item number 1525 dash ZB dash 56 V Griselda Garcia. Speaker 14 00:30:58 Yes. Speaker 4 00:31:00 Good evening. I I need to swear you in. Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth? Speaker 14 00:31:07 It's true. Yes. Speaker 1 00:31:08 You're, you're gonna have to lower something down. You're getting a lot of feedback. You Speaker 2 00:31:12 Are getting feedback here 'cause I'll Speaker 1 00:31:13 A lot of feedback. How's that? Speaker 2 00:31:18 Much better? Speaker 1 00:31:19 No, you, you're on the phone and you're on your computer. Yes. Shut the phone off then if your computer's working. Okay. Speaker 14 00:31:27 Perfect. How's that Speaker 4 00:31:30 Ms. Garcia, could you explain to the board why you're here? Speaker 1 00:31:33 There you go. I don't think she heard you. Jim. Speaker 4 00:31:38 Ms. Garcia, can you explain to the board why you're here? Speaker 14 00:31:42 Oh my God. I, I guess you can. Do you hear me now? Yes. Speaker 2 00:31:45 Yes. Fine. Speaker 14 00:31:47 Well, the reason I'm here is for variance. That started with my deck with that I will like to build and in that variance also the shed and the fence, I guess was added. So the was requesting to build a 20 by 20 deck that seems to not have the approval. So, Speaker 1 00:32:24 Oh, Speaker 14 00:32:26 That's pretty much the three things. The shed, the fence, those things. Speaker 2 00:32:33 And the deck. And the deck. Understood. Let's, let's get the township expert to give his side of the story over here if we could. Jonathan? Speaker 6 00:32:41 Yes. So for the fence and the shed, we'll have you enter a memorandum of restriction just like the other applicants you've heard this evening. We will not allow any permits until that memorandum of restriction has been signed. Can you, can you tell us a little bit more about the shed? Is it in good shape? Speaker 14 00:33:03 Well, I bought the house 20 years ago. The shed is in the same place that it was. It's a wood, wooden shed is in, you know, I mean, fairly good condition for the years that it's been there. And it's okay. It's, it's good. Speaker 6 00:33:20 Okay. Then we'll allow it to remain once it's time to replace it or to substantially repair it, we'll ask it to get moved to a conforming location. Speaker 14 00:33:27 Okay. Speaker 6 00:33:29 And then is the paver patio still present on the property? Speaker 14 00:33:34 It's, it's old, but it's still there. Speaker 6 00:33:38 Okay. It's, Speaker 14 00:33:39 It's, you know, it came when I bought the house, so it's very Speaker 6 00:33:42 Understood. So the deck is encroaching 13 feet into the rear yard setback. So it's a 25 foot rear yard setback and the deck is cited 12 feet from that property line. We would like to see that brought in a little bit more, considering the size of the, the patio paver as well. Speaker 14 00:34:06 What do you, cons, what would you suggest? Speaker 6 00:34:12 Lemme get my scale. We can maybe we can, maybe we could say a 12 foot deck. Speaker 14 00:34:26 You mean 20 by 12? Speaker 6 00:34:28 Yeah. Speaker 14 00:34:30 Can we do 20 by 15 then? Speaker 2 00:34:34 I don't think that's a problem. I, I, yeah, I think, I think the board would look favorably upon that. Ma'am, Speaker 6 00:34:41 20 by 15 would have a 17 foot rear yard setback where 25 is permitted. Speaker 2 00:34:48 That's more than combat. You know that, that's a good deal, ma'am. Speaker 6 00:34:53 Okay. That's all I have. Speaker 2 00:34:55 Okay. Thank you John. Ms. Garcia? Speaker 14 00:34:59 Yes. Speaker 2 00:35:00 Is that, does that sound like something you, you, you'd agreed upon? Speaker 14 00:35:05 Well, I, I would have liked a little more, but if that's what you, everybody Speaker 2 00:35:08 Likes more. I always had, Speaker 14 00:35:10 If that's what you are, you know, allowing, then that will be good. It's, Speaker 2 00:35:16 It's a good deal. Ma'am, I've been doing this 25 minutes. It's a good deal. Thank you very much. Okay. Any other members of the board have any questions or comments for this application? Hearing none, I'm gonna open it to the public. Anyone in the public have any questions or comments about this application? Speaker 14 00:35:31 No. One chairman. Speaker 2 00:35:33 Okay. Close the public portion. I make a motion to agree to approve this application. Speaker 4 00:35:38 I second it. Speaker 2 00:35:39 Thank you. Can I get a roll call? Speaker 1 00:35:41 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Blo? Yes. Mr. Hika? Speaker 4 00:35:51 Yes. Speaker 1 00:35:52 Mr. Mitterando? Yes. Mr. Yes. And Chairman Cahill? Speaker 2 00:35:57 Yes. Yeah. Speaker 4 00:35:58 Yeah. Your application as amended has been approved. We will memorialize it in a written document at our next meeting. We'll send that document to you. Good luck. Thank you. Speaker 2 00:36:07 Thank you ma'am. Let's move on to item number 1625 dash ZB dash 28 V. Delta Black. Speaker 4 00:36:16 Is Delton Black present? Speaker 16 00:36:19 Yes, sir. I'm here. Speaker 4 00:36:21 Mr. Black, I need to swear you in. Could you raise your right hand? Speaker 16 00:36:24 Yes, sir. Sir, do you Speaker 4 00:36:25 Swear the testimony you're about to give should be the truth? Speaker 16 00:36:28 Yes sir, I do. Speaker 4 00:36:30 Thank you. Explain to the board why you're here, please. Speaker 16 00:36:33 So I am doing garage, which already had a variance I believe in 2018. I was able to start my construction. My contractor, my concrete contractor saw a deficiency in which it didn't look good where it was positioned originally. So he moved it in towards my property line as opposed towards the street. He pushed it into my property line. And so we're off four feet by the original variance. I believe it's about four feet. And I was asking to see if I can use the foundation concrete. We poured 15 yards of concrete with half inch rebar. And it was inspected, it was approved, it was poured. And when we, when we did the foundation location, it wasn't exactly where it should have been. So I am requesting the variance for those four feet, Speaker 1 00:37:21 The height. Speaker 2 00:37:23 Jonathan, can you jump in here, sir? Speaker 6 00:37:25 Yes. So you're correct. 2018, you were approved for an 860 square foot accessory structure. What you came in with this application is almost 808 square feet. So I feel comfortable, you know, it's a sizable concrete slab. I feel comfortable allowing that foundation slab to remain. But have you conformed with the size of the structure that you got approved under in 2018 with the setbacks, the height and the location? Speaker 16 00:37:57 I am complying, I believe I'm four inches from the neighbor's house as it was the, the, the fence of the neighbor's wasn't exactly where it should be placed. All my neighbors are taking a good amount of space from my yard, which I really don't mind. I just would like to be able to keep the, the solid structure that I did. And no repair is gonna be as, as strong as, as a poured concrete foundation as it is right now. So it, it, I believe it's like 180, 200 feet additional. It wasn't on purpose. It was completely on accident and the repair would be extremely costly and very time consuming. Speaker 6 00:38:37 Do you have, are the, are the, are the footings for the vertical posts for the garage, is that rebar exposed and tied into the slab? Yes, Speaker 4 00:38:55 Sir. Speaker 6 00:38:56 Okay. Speaker 16 00:39:00 And it was inspected and approved previously, Speaker 6 00:39:04 Right? The installation, the installation was inspected, but that wasn't a zoning, that wasn't a zoning review. So that's why when you submitted the, when you submitted the as-built, that's when it got picked up here. So Correct. Just because it was reviewed in that sense, doesn't give you approval. I, I, I just, I don't feel, I don't feel com I understand this was a mistake that was made in the field with it being or not a mistake. It sounds intentional that it, the contractor wanted it in a different location, but I, I don't feel comfortable providing that, that relief tonight. Speaker 16 00:39:45 Okay. I can Speaker 4 00:39:47 Mr. This, this applicant was granted a variance for an oversized shed back in 2018. He's now before the board in 2025 for a significantly larger shed than what was granted in 2018. He, he just has not provided proofs that satisfy the land use law in New Jersey to be awarded variances for this size shed or garage. Speaker 2 00:40:16 Thank you Mr. Canal. Yeah, I don't feel comfortable with this either. I, I, granted it's not your fault, but it's your contractor and that's something that maybe you should take up with him and, and private litigation maybe. But I, any other members of the board have any questions or comments for Mr. Black? Hearing none, I'm gonna open it to the public. Anyone on the public portion have any questions or comments about this application? Speaker 1 00:40:43 No. One chairman. Speaker 2 00:40:44 Okay. Close the public portion. I'm gonna deny this application. Make it suggestion. Can I get a second? Speaker 4 00:40:51 I'll second it. Speaker 2 00:40:52 Thank you. Can I get a roll call Speaker 1 00:40:54 Mr. Weisman? Speaker 2 00:40:57 Yes. Is in the agreement with the chairman? Yeah. Speaker 1 00:40:59 Yeah. Yes. On the motion? Okay. Speaker 4 00:41:01 Yes. Speaker 1 00:41:02 Mr. Tillery? Speaker 4 00:41:03 Yes. On the motion. Speaker 1 00:41:05 Mr. Patel? Yes. On the motion. Mr. Regio? Yes. On the motion. Mr. Bla Speaker 2 00:41:11 Yes. On the motion. Speaker 1 00:41:13 Mr. Hika? Speaker 4 00:41:14 Yes. Speaker 1 00:41:15 Mr. Mitterando? Yes. Mr. Ellie? Yes. And Chairman Cahill? Speaker 2 00:41:21 Yes. Speaker 4 00:41:22 Mr. Black. We will memorialize this denial in a written document and we'll send that document to you for your review. Speaker 16 00:41:30 Can I something before this is over, sir? Speaker 2 00:41:34 Sure, please. Speaker 16 00:41:35 So if I do with, in enclose it to the specs of the original plan, I'm still four inches or three inches off from one of the neighbor's house. Is there any way you can approve me if I enclose it to the correct length that the width for the four four inches be, be, be acceptable because it is four inches. Speaker 2 00:41:59 Jonathan, you're muted, John. Speaker 6 00:42:06 Yeah, I put my, I put my drawing away. I have to take it back out. So four inches. Okay. Four inches from the property line. Speaker 16 00:42:12 Four inches from the neighbor's property line. Correct. So it was supposed to be seven feet, I believe it's 6.4. 6.6. It's it's inches away from the one of the neighbors. Speaker 6 00:42:33 And that would, that would result in how far of a distance on the other side? Speaker 16 00:42:38 The other side is, I believe two inches off, but one side is about six, four to six inches off. So one side is a problem as I spoke to one of the inspectors, and based on the, the length of it, I'm willing to reduce it with my contractor. But the other side, I would have to pour another 10 yards of concrete to repair that for, for the four inches or six inches difference. So I'll enclose it from the length, but the width, the width is fine. It, the, the width I, it's harder for me to enclose in the length. Speaker 6 00:43:13 I, I understand it'd be more difficult to rectify, but it's, it's still, it's still not what was approved. Speaker 16 00:43:20 Okay. And I wouldn't be able to, after all this with the variances, just get those, get those four inches of, of, of pardon? So I can reduce the, the space to exactly what you had given me in 2018. Speaker 6 00:43:35 Mr. Chairman, I, I defer to you. Speaker 2 00:43:37 Yeah. I Speaker 4 00:43:39 Rather than negotiate this during the meeting, perhaps we can adjourn the matter and allow Mr. Black to meet with Jonathan and then we can listen to Jonathan's opinion and decide what to do with the next meeting. Speaker 6 00:43:53 Okay? Speaker 2 00:43:55 Okay. Mr. Black. Speaker 16 00:43:57 Yes, sir. Speaker 2 00:43:58 Okay. Speaker 4 00:43:59 Okay. So anybody here in the DELTON black matter is going to be carried to August 14th with no further notice except this announcement. Speaker 2 00:44:10 We'll get a date Mr. Him, let them talk to me. Yeah, Speaker 4 00:44:14 Mr. Black, you'll meet with Mr. Ms. Rocky. Speaker 2 00:44:18 Okay. Speaker 16 00:44:18 Thank you sir. Speaker 2 00:44:19 Thank you. Have a great evening as well. Item number 1825 dash ZB dash 47 V. James Viro. Speaker 17 00:44:33 Good evening, Mr. Chairman. How are you? How are you, sir? Good, thank you. Good evening. Go ahead counsel. Thank you Mr. Neely. Good evening. My name is Jordan Friedman of OL and Sullivan. We're the attorneys for James Biro, the owner of the premises, located at 3 47 Rock Avenue. We're here tonight seeking a certificate or approval of a certificate of Nonconformity according to property tax records. The premises were constructed in 1914 and they've been listed well some time ago. They were listed as a two-family or two unit multi-family dwelling. And that was on the 1956 property tax card and as a three-family dwelling in subsequent years. Speaker 17 00:45:31 Today the property is used as a three-family dwelling. Each unit has a separate entrance, mailbox, kitchen, bathroom. There are separate connections for electric, gas and sewer. The property has a wide driveway, which permits the parking of two vehicles for each unit. The township has taxed the property as a three-family dwelling. It has also issued certificates of occupancy on that basis. Mr. Biro acquired the property in 1990. At the time of the purchase, the property was used as a three family as it is today. The property is located in the R 75 zone. As I said before, we're here to get a certificate of non-conformity if approved in connection with any approval. The applicant proposes to convert the dwelling back to a two family dwelling and to continue to use it. As such, the Mr. Biro believes that the structure and proposed use qualify as a non-conforming use and structure pursuant to NJSA 40 55 D dash 68 and requests that the board issue a certificate of non-conformity. Speaker 17 00:47:02 In support of the application, we submitted various documents, including municipal tax records and they include the 1956 tax assessment record, listing the property as a two family, the 1974 tax assessment record, listing the property as a three family dwelling and a more recent assessment record, which lists the property as a three family as well. Also, we've, we've included in the application the 2007 deed. You should know, as I said before, Mr. Barrow has owned the property since 1990, but when he became a an American citizen, he changed his name and in connection with that, changed his name from Tara Biro to James Biro. We've included site photos, floor plans, and copies of certificates of occupancy, which were issued in 1989 for apartments one, two, and three. Mr. Barrow was here with me, and if the board cares to hear testimony from him, I'd like to ask him some questions. Speaker 4 00:48:22 Sure. Please proceed. And Mr. Barrow, can you raise your right of hand? Do you swear the testimony you're about to give should be the truth? Yes. Your name and address, please? Speaker 18 00:48:37 James Barro. Speaker 4 00:48:43 Address, Speaker 18 00:48:44 3 1 1 Short Street, South Plainfield, New Jersey. Speaker 4 00:48:49 Thank you. Go ahead, counsel. Speaker 17 00:48:51 Thank you. Mr. Biro, are you the owner of 3 47 Rock Avenue? Yes. And for how long have you owned the property? Back Speaker 18 00:49:00 In 1990 to now. Speaker 17 00:49:02 Okay. And at the time that you purchased the property, what did you think you were buying? What kind of, what kind of dwelling do you think you were buying? Speaker 18 00:49:15 A multi-family. Speaker 17 00:49:16 And how many units did you believe that the property had? Speaker 18 00:49:22 Three. Speaker 17 00:49:23 Okay. Mr. Kinneally, do you have, do, do all the board members have the documents that were submitted? Speaker 4 00:49:33 All, all the board members have all of the documents that were submitted. It, it's quite, quite a, a file that they each had. Speaker 17 00:49:40 Okay. Mr. Barrow, are you familiar with a survey that was prepared on your behalf? Yes. And specifically, I'm referenc referencing a survey by Parker Engineering and Surveying dated November 25th, 2020 fourth? Yes. And do you have a copy of that in front of you? Yes. Does the survey, which we submitted to the board show a house, a McAdam driveway and a gravel parking area? Yes. And are those three things still at the premises? Yes. Now I know our application, we, we put in there that there was a garage. Is there a garage? There is no garage. I purchased a property without a garage. So the, the inclusion of any reference to a garage was a type of graphical error on our part, correct? Yes. Okay. Speaker 17 00:50:55 Turn to the next page. Mr. Barrow, we also submitted floor plans of, of apartments in the dwelling. Are you familiar with those floor plans? Yes. Yes. Did you prepare them? Yes, I did. And you pre you prepared them on graph paper? Yes. Okay. And did you prepare a, a plan for apartment number one? Yes. And is that the ground floor apartment in the dwelling, the first floor. Okay. Yes. And did you also prepare a floor plan for the apartment on the second floor? Yes. Okay. Did you also prepare a floor plan for the basement area? Yes. Mr. Chairman and Mr. Kinneally, that is something I'd like to introduce as an exhibit. We did not submit it prior to the 10 day deadline. May I share my screen? Speaker 4 00:52:03 I received it earlier today. We'll mark that as a one with today's date. Speaker 17 00:52:07 Thank you. Would you like me to put it up on the screen for everyone's benefit? Speaker 4 00:52:12 Laura? Did all the board members get that today? Or just me? Speaker 19 00:52:20 I honestly don't remember. I had 12 applications today. Speaker 1 00:52:22 I'm sorry. Why don't you put it up? I'm sorry. Speaker 4 00:52:27 Yeah. Speaker 17 00:52:28 All right. Yeah, Speaker 4 00:52:28 You can share your screen for that. Speaker 17 00:52:31 All right. I'll have him describe the floor plans and I'll save the basement. One for the end. Mr. Barrow, can you describe, describe before the board what you depicted in your floor plans for the apartment on the first floor and the apartment on the second floor. Can you describe what's, what's in the apartment? One floor plan. This is a bedroom. This is a bedroom. This is the kitchen and this is the living. And here is the bathroom. Okay. Could you describe the contents of apartment two as depicted on the floor plan you prepared? Speaker 18 00:53:27 Is this is a kitchen, bathroom, bedroom, bedroom. And the living room. Speaker 17 00:53:37 Okay. Mr. Chairman, I'm gonna share my screen. Please do. Okay. Turn to the next page. All right. Mr. Barrow, on the, on the computer screen, the, the board has a copy or can see the basement floor plan. Can you describe what you have depicted in the basement floor plan? Speaker 18 00:54:14 Yes. This is a step on the first floor goes down to the basement. This is an oak me area. Is a window here, a window here. And it's a water meter here. As you stepped out, there's a door here. And this is the laundry room. This is an open space here. You come around in here. This is a door in here is a utility room two hot water tank, three four furnace, two electric panel, two gas meter. Speaker 17 00:54:51 And who has access to the basement? Speaker 18 00:54:54 Only the fourth floor apartment tenants. Speaker 17 00:55:00 And that is not used for living quarters, is that correct? No. No. Speaker 18 00:55:07 Okay. Speaker 17 00:55:11 Mr. Chairman, would, is it okay if I stop screen sharing because I'm done with this exhibit? That, that's fine? Yeah, please. Speaker 0 00:55:23 Okay. Speaker 17 00:55:27 Mr. Barrow, on your behalf, we also submitted some pictures of the site. Can you turn to that Yes. Page of your packet? Yes. Yes. Okay. Mr. Barrow, are you, are you familiar with these photos? Yes. Did you take them? Yes, Speaker 18 00:55:46 I did. Speaker 17 00:55:47 About when did you take these photos? Speaker 18 00:55:52 Back in June of last year. June or July. Speaker 17 00:55:56 Okay. So on the first page, starting on the left side of the page, 'cause there are two photographs. Can you describe the picture on the left side of the page? Speaker 18 00:56:09 Yes. This is the front of the building, the front step. You walked up, up in the porch and there is a, a left and a right side door. The left door is for the a on the first floor. The right side door is apartment for the second floor. Speaker 17 00:56:29 Mr. Chairman, I just wanna make sure that you're reviewing, or at least you're seeing the pictures in the order in which they were presented in the application because the pages were not numbered. So I, I hope that description matches with what you think you're seeing. Speaker 2 00:56:53 I, I think that his testimony was Speaker 17 00:56:56 More than clear. Thank you. Okay. Mr. Barrow, on the right side of the page, could you describe what that picture depicts? Speaker 18 00:57:04 Yes, this is one of the building, the front porch. That's the first floor. The second floor is where the three window is. And the third floor is where the two window is. Speaker 17 00:57:20 Okay. Could you flip to the next page? Yes. All right. On the left side of the page, there's a picture. Could you describe what's depicted there? Speaker 18 00:57:34 That's the front of the building on the right, on the right side, along with the side of the building on the right side Speaker 17 00:57:44 And on the right side. I'm sorry. Speaker 18 00:57:46 The second floor is, you can see there are three window on the right side. And the third floor, you can see one window on the third floor with two windows in the front. Speaker 17 00:57:59 Is that, is there anything else you wanna add about that picture or should we move on to the next one? Speaker 18 00:58:04 We can move Speaker 17 00:58:05 On. Okay. On the right side of the page, there's a picture. Could you describe the contents or what's depicted in that photo? Speaker 18 00:58:12 That's the side of the driveway of the building along with the driveway. And the first floor, you got the four windows, the second floor, you got the four windows, the third floor, you got the two windows. Speaker 17 00:58:28 Is there anything else you wanna add about that picture? No. No. Can you flip to the next page? Okay. On the left side of the page, there's a picture. Can you describe what that Speaker 18 00:58:42 Depicts? That's the back of the building. The first floor, there are two doors there, one window up on the second floor. There are three windows along with the back parking, lot of the building. Speaker 17 00:58:57 And, and those cars that are depicted there have permission to use the Speaker 18 00:59:06 U the tenants uses the parking lot. Speaker 17 00:59:09 Okay. On the right side of the page, there's another picture. Could you describe what that depicts? It's Speaker 18 00:59:15 A parking lot along with the tenant's car and the two doors in the back of the building. And the one window is for the first floor. And on the left side you can see a little, a door there to go down to the basement. On the second floor, there's three window there along on the roof on the top. Speaker 17 00:59:41 Is anything to add about that picture? No. Can you turn to the next page? On this page, there are two more pictures. Do you see the one on the left side of the page Speaker 18 00:59:52 Again? This, this is the, on the back side. This is the right side of the building, along with the driveway. Got four windows on the first floor, four windows on the second floor, two windows on the third floor, and got a back step with two windows in the top. One windows show on the bottom first floor. Speaker 17 01:00:21 Okay. And now on the right side of the page, what is that photo depict? Speaker 18 01:00:29 That is the right side from the front, or you can see the left side from the back along with the fence of the next door neighbors. Speaker 17 01:00:41 Okay. In terms of the next page, this page has two pictures. Can you describe what's depicted on the photo? In the photo on the left, Speaker 18 01:00:58 The photo on the left, the two doors in the back, along with two steps. One window on the first floor, three window on the second floor. And the right side of the picture is the, the step that goes up to the second floor. Speaker 17 01:01:22 And that's from inside the building? Yes, Speaker 18 01:01:25 Inside the building. Speaker 17 01:01:26 Okay. And then on the next page there is one photo. And what does that depict? Speaker 18 01:01:42 This is inside the basement. Speaker 17 01:01:48 So that's a stairwell that goes down into the basement Speaker 18 01:01:51 To go down? Yes. Okay. Speaker 17 01:01:57 Do you have any other comments about the pictures? No. Okay. Regarding the utilities that service the building, is there hot water heaters in the building? Speaker 18 01:02:16 Yes, there's two hot water heater and three furnace. Speaker 17 01:02:20 Okay. And are, are there any ace air conditioning units? Speaker 18 01:02:25 No. They use window units. Speaker 17 01:02:28 Okay. And is the building metered for gas and electric? Speaker 18 01:02:33 Yes. Speaker 17 01:02:34 And how so? Speaker 18 01:02:38 Pardon me? Speaker 17 01:02:39 How many meters are there? Speaker 18 01:02:40 There are two meters, electric meters. And there are two gas meters Speaker 17 01:02:49 And, and one meter serves one Speaker 18 01:02:55 Meter, one meter serve the second and third floor, one electric meter serve the second and third floor. Okay. One meter serve the first floor. One gas meter serve the first floor. One gas meter serve the second and third floor. Speaker 17 01:03:14 Okay. And water. Speaker 18 01:03:20 One ga, one water meter, which I paid water meter bill. Speaker 17 01:03:25 Okay. And have we had an opportunity to review the township's tax records regarding the property? Yes. Okay. Yeah, Speaker 4 01:03:38 The board has the tax records. I don't think you need to go through them. I, I know that they, they say that it's a two family and at times a three family. What we do need some testimony on is it's currently used as a three family. What steps are going to be taken to remove the third unit? Speaker 18 01:04:01 I, I get to understand from the township that the 3 47 Rock Avenue is not zoned in to be as a tree family in that area. Speaker 17 01:04:15 So, so Speaker 18 01:04:16 They are the one who told me to get, start to do this and do without the third floor. Speaker 17 01:04:27 To answer your question as well, Mr. Kinneally, all three levels are inhabited by tenants in connection with an approval. The, the, the tenant on the third floor will be vacating the premises there, there's no pending eviction. There's there, there are no proceedings to make that happen. Just to be sure I'm giving you the fullest answer that we can. But in order to convert this back to a two family, Mr. Barrow will take, you know, all steps necessary to ensure that it is used only as a two family dwelling. Speaker 4 01:05:15 What would be, what Speaker 2 01:05:16 Would would the third floor be used for? Storage. Speaker 18 01:05:20 Yeah. Storage. No more. No. Gonna remove the kitchen and just leave it open. Speaker 2 01:05:27 And the doorway that would lead to that third floor, would that, would that be taken off and sealed or Speaker 18 01:05:34 No? I can remove it. It is a part of the building. Speaker 2 01:05:38 Okay. Proceed please. If you have any more information. And I believe removal of the kitchen is, is key. Speaker 11 01:05:48 I think you also should add that Yes. That that area becomes storage for the second floor unit as the basement is the Speaker 2 01:06:00 First floor Speaker 11 01:06:01 For the first floor. Speaker 2 01:06:02 Makes sense. Speaker 11 01:06:04 Get it on a, get it on a plan that's part of the file. Speaker 2 01:06:09 Are you in agreement with Mr. Barrow? Speaker 11 01:06:11 Are you gonna address the access way to this property? Speaker 18 01:06:17 What, what do you mean? Speaker 17 01:06:21 Could you, Speaker 11 01:06:22 You and I discussed this afternoon, you and I discussed this afternoon. The driveway doesn't have an easement to either this property or the adjoining. And it's my opinion, it has to have something there to ensure access. And I, my suggestion was that you pursue that with your neighbor and it would be a condition of approval. If it's can't be done, you would've to come back to this board and explain why. But I think for both your standpoint and community relations, you really need to have an easement with your neighbor that you both can use this driveway. 'cause the way it stands now, I mean, you can't put a fence down the middle 'cause you couldn't get to your parking lot, but the neighbor could Speaker 17 01:07:21 Well, property. Speaker 11 01:07:21 That's my recommendation. I don't know if you've discussed it with your client or not, but Speaker 17 01:07:29 No, we, we were fully prepared for your comments to, to add to the discussion, the survey shows that the, the property line goes right down the middle of the McAdam drive and will, will you permit the condition, then you have to get a, an easement And if if not, we, we come back and explain why. Speaker 18 01:08:00 I would say yes. Speaker 11 01:08:05 The answer is yes. Fine. Speaker 2 01:08:07 Thank you. John. Speaker 11 01:08:10 I have no other comments, Mr. Speaker 2 01:08:11 Chairman. Thank you, sir. I, Speaker 6 01:08:16 Yes. A deed restriction is gonna be required for this to be maintained as a two-family dwelling. Your application stated this was going to be, you're seeking a nonconforming use for a two-family dwelling. That condition to that will be the removal of the kitchen on the third floor will also condition an inspection to demonstrate that this has been done. No, sir. And I, I agree with John Chadwick's comment on the cross cross access easement. Speaker 17 01:08:49 Yeah, there, there's, there's no problem with the deed restriction and the other conditions. Speaker 2 01:08:55 Great. Anything else, John? Speaker 6 01:08:58 No, not from honor. Speaker 17 01:08:59 Thank you. Speaker 2 01:09:00 Any other members of the board have any questions or comments? Hearing none, I'm assuming that's the, that's your testimony right here. I can take it to the public Speaker 17 01:09:12 That, that's the close of testimony and Perfect. Speaker 2 01:09:17 Let's put it in the public. Anyone in the public portion have any comments or questions about this application? Laura, anything? Speaker 1 01:09:27 Sorry, I forgot I'm muted. No one chairman? Speaker 2 01:09:29 No, I'm good. Okay. Close the public portion and I would make a motion to approve this application with Mr. Chadwick's observation and the changes that were made. I say yes to approval. Can I get a second? I'll second. Call her Speaker 1 01:09:46 Up please. Mr. Weisman? Speaker 2 01:09:47 Yes. Speaker 1 01:09:48 Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Blo? Yes. Mr. Heka? Yes. Mr. Mitterando? Yes. Mr. Yes. And Chairman Cahill? Speaker 2 01:10:02 Yes. Speaker 4 01:10:03 Your application for a certificate of Nonconformity for two units has been approved. We'll memorialize this at our next meeting and send a copy to you. Speaker 17 01:10:11 Thank you very much. Speaker 2 01:10:12 Goodnight. Goodnight. Speaker 17 01:10:14 Goodnight. Speaker 2 01:10:15 Okay. Item number 1925 dash ZB dash zero five V, GDO JL Auto Repair. Speaker 20 01:10:23 Good evening, board chair and members of the board, David Persad from Bob Smith and Associates here for application 25 ZB zero five. The property is located at 30 1300 West seventh Street Block 1 24, lot 3.01 in the GB zone. This is a condi, a continuous continuation, sorry, can't talk tonight. A continuation hearing from the April 24th, 2025 board hearing where the board graciously allowed us to adjourn to work with the township's professionals and come up with a site improvement plan where we can make the site more functional and more appealing to the neighborhood. Since that last hearing, we've made major site improvements and we submitted a new plot plan to the town for review, which demonstrates a bunch of changes to the site, including removing streets, removing entrances from one street, adding landscaping, and so forth. There are a number of variances that we are requesting for the site, but for the sake of brevity, I won't list all of them. Speaker 20 01:11:30 Thank you. We do have them from the last hearing. Just to refresh the board's memory though, this is a site that was a gas station automotive service station since 1947 and sometime in the past, this gas station was removed, so now is just an automotive service station, and that is essentially what the applicant is seeking here tonight. A variance to continue the use of the automotive service station. Tonight, I have the applicant to my right and the applicant's translator and friend to my left. I also have our engineer who did the new plot plan, and I have the planner. I believe the planner's testimony was concluded at the last hearing, and I do have the engineer that can testify to the changes that were done to the plan if it will appeal to the board. Speaker 2 01:12:17 I, I don't know if that's even necessary, quite honestly. Okay. I, I'd like that Jonathan, jump in with his new observations with the site impact. Speaker 6 01:12:26 Yeah, I'll, I'll agree with David's comments. It's extensive updates. I think if we're able to get a developer's agreement or phasing of some of these improvements that we're asking for, we would be happy to see all of the items on the staff memorandum address two points to make the item number six on the report for the number of vehicles that can be parked on the property at any given time. We will not allow more than five vehicles. We wanna be very firm about that. And lastly, item number nine, the easements if approved, these easements need to be recorded within three weeks of the resolution being memorialized. Speaker 2 01:13:15 Mr. Mesad, is that in agreement? Speaker 20 01:13:17 We can agree to both of those conditions? Yes. Speaker 2 01:13:19 Okay, great. We can move on from there. Any other members of the board of any questions or comments Speaker 11 01:13:23 Just just to comment quick? Mr. Please? John, chairman, the report that I had made for the last meeting, all of the recommendations that I had made if we could been complied with. Speaker 2 01:13:33 Awesome. Thank you Chair, John. I appreciate it. Any other members of the boards have any question or comments? Hearing none. I'm gonna open it to the public. Anyone on the public have any comments or questions for this application? Speaker 1 01:13:48 No. One chairman. Speaker 2 01:13:49 Okay. Close the public portion. I'd make a motion to approve this application. Speaker 11 01:13:53 I second it. Speaker 2 01:13:54 Okay. All roll. Speaker 1 01:13:57 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Mr. Patel? Yes. Mr. Reggio? Yes. Mr. Yes. Mr. Heka? Yes. Mr. Mitterando? Yes. Mr. Ellie? Yes. And Chairman Cahill? Speaker 2 01:14:14 Yes. Speaker 4 01:14:17 Thank you. Application members of the board. Have a great night. We'll memorialize it in our next meeting, but get those easements taken care of by the time we do that resolution so that you don't have a problem. Absolutely. Will do. Thank you again. Speaker 2 01:14:29 Good night, everyone. Thank you. Speaker 1 01:14:30 Have a good night. Speaker 2 01:14:31 Okay, let's move on to I, good Speaker 4 01:14:33 Night. Thank you. Speaker 2 01:14:34 Adoption of resolutions from the regular meeting of June 26th, 2025. Speaker 4 01:14:39 First resolution, FinCo Property Holdings, LLC, which you voted to approve. Mr. Weissman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Duka? Yes. Mr. Ms. Hondo? Yes. Mr. Ali? Yes. Second. Har Meza, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Mr. Ali? Yes. Next. Amva. Roy, would you voted to approve Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Mr. Ali? Yes. Next, Monish Patel, which you voted to approve. Mr. Weisman? Yes. Mr. Artillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Mr. Or Ali? Yes. Next. Parkway Plastics, which you voted to approve. Mr. Weissman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Mr. Ali? Yes. Finally, Mary Jo Barki. This was a resolution to of dismissal for lack of prosecution. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Mr. Ali? Yes. Those are all the resolutions I have for this evening. Mr. Speaker 1 01:16:38 Excuse me, Michael Cruz. That was from the June 12th meeting. Speaker 4 01:16:43 Okay. We, we have Michael K Speaker 1 01:16:44 25 ZB 27. Speaker 4 01:16:46 I do not have the voting record on that one, so if you, if you are not pre, I'm gonna call your name if you are not present. Just abstain, please. Mr. Weissman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Blount? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Mr. Ali? Yes. Chairman Cahill? Speaker 2 01:17:16 Yes. Speaker 4 01:17:17 Those were all the resolutions that I have for this evening. Speaker 2 01:17:19 Thank you. Item number 23, adoption of minutes from the regular meeting of June 26th, 2025. All in favor say aye. A Aye. Item number 24. Adjourn. All in favor say aye. Aye. Aye. Have a great night people. Enjoy the rest of the summer. August 14th. Bye everybody. Good night. Good night.