Transcript for Piscataway Zoning meeting on February 10 2022

Note: Transcripts are generated by rev.ai and may not be fully accurate. Please listen to the recording (below) if you feel any text is inaccurate.

Speaker 1     00:01:05    One minute, Mr. Chairman already just called these trying to log on. So just give them another second. We just asked the public to try to stay muted unless public is called and you want to speak, okay. That we're going to have all the background noise.  
Speaker 2     00:01:38    Let me ask you, do we wait for you to ask us to speak or do we just put in  
Speaker 1     00:01:44    No, you don't everybody. What they'll do, they'll call the case. The applicant will put on their testimony. They'll go back and forth. And then the Timberlands, cause anybody the public have any comment or questions on this application. And then that will be, you can raise your hand and then we'll call on you To the bottom. Right? There's somewhere we hit reactions and reactions. It looks like a little smiley face, thumbs up, or you just, it says, raise, can you just click on that? And then I could see an order who's raising their hand and then we can call on you in order that way. And if you can't figure out, raise hand, just shout it out and we'll try to help you.  
Speaker 2     00:02:29    Okay. I got it.  
Speaker 1     00:02:31    All right, you're welcome. Let me just hit record. Okay. We're ready to go to him.  
Speaker 3     00:02:44    The zoning board of adjustment meeting, please come to order. Adequate notice. Notice of this meeting was provided in the following ways. One notice published in current news to notice posted on the bulletin board in the municipal building three notice made available to town clerk for notice sent to the current college with the clerk. Please call the roll.  
Speaker 1     00:03:09    Mr. . Mr. Patel, Mr. O'Reggio. I see you, right? He's here. Mr. Blount. Mr. Hay DACA. Mr. Mitterando. Dear Mr. Ali and vice chairman. Mr. Weissman.  
Speaker 3     00:03:42    Well, everyone, please stand for the salute to the flag. I pledge allegiance to the flag of the United States of America  
Speaker 4     00:03:56    Nation under God, indivisible.  
Speaker 3     00:04:06    Mr. Kinneally, are there any changes to tonight today?  
Speaker 4     00:04:10    Yes, we have one change to tonight's agenda that I'm aware of. Item number 11, moon builders, LLC, 30 Stanton avenue as requested a postponement that matter will be carried from tonight until March 9th, 2022 with no further notice by the applicant. The only notice you're receiving  
Speaker 1     00:04:26    I'm sorry, March 10th,  
Speaker 4     00:04:28    March 10th. I'm sorry. Okay. March 10th, 2022 with no further notice by the applicant. The only notice to receiving as my announcement here tonight. So anybody that's interested in that matter, please return on March 10th. That will not be heard tonight. Those are all the changes I have March 10th, which time? What time? Seven 30.  
Speaker 1     00:04:48    Okay. And you could email me and I'll send you the new zoom information or it'll be on the website.  
Speaker 3     00:04:55    Let's proceed. Ivan 5 21 Z B six, eight days. The Harry Patel  
Speaker 4     00:05:07    Just Buhari Patel presence. Yes. I need to swear you in. Whoever's going to be testifying. Could you raise your right hand? Do you swear the testimony you're about to give shall be the truth?  
Speaker 5     00:05:21    Yes.  
Speaker 4     00:05:22    Okay. You can put your hands down and one at a time. Give me your name please.  
Speaker 5     00:05:31    And my name is Brett brunch Patel.  
Speaker 4     00:05:34    Okay, good. One of you explain to the world what you'd like to do here. I'm sorry. Could one of you explain to the board what you were you're here for? Why are you here?  
Speaker 5     00:05:43    Yeah, absolutely. So, you know, first off I just look at the court and everyone that's joined. I appreciate everyone's time. And I, and I, I appreciate everyone giving me a chance to describe my case special, thanks to Laura for all the paperwork that we did in the background. And you know, that needed to get done for me to be here today. So my name is Raj Patel. I explained that, and I'm the son of the property owner to be hard to tell I'm going to be very close and I've been authorized to speak on his behalf. So at this time I like to ask if I can share my screen, it might help with,  
Speaker 4     00:06:18    I think the board is aware of what's going on here. If you could just tell us in a few words while you're here, we may then have a few questions for you.  
Speaker 5     00:06:25    Okay. Well, we changed our fence and we were denied a permit. So we, we, we are here to have a request for a variance.  
Speaker 4     00:06:37    Okay. Have you seen Mr. Hinterstein report dated January 7th, 2022? I  
Speaker 5     00:06:42    Have, yes, I have.  
Speaker 4     00:06:47    Can you comply with the items in that report specifically? Paragraphs one and two.  
Speaker 5     00:06:59    So not the first one.  
Speaker 4     00:07:01    Why not?  
Speaker 5     00:07:03    So the first one says the proposed fence needs to be a minimum of two way, two feet off sidewalk. Is that, is that the right one I'm reading,  
Speaker 4     00:07:12    Correct? Yes.  
Speaker 5     00:07:14    Yes. That is right now where the fence is, is it's always been where it is and it's only a couple inches off the sidewalk  
Speaker 4     00:07:23    And item number two. You're okay with, yeah. Okay. Is Mr. Hinterstein at the meeting? Henry, could you address your report specifically? Paragraph one?  
Speaker 6     00:07:36    Yeah. I mean, again, just because the fence is there, you know, I sympathize with the resident. It seems like the fence was probably put up without the variance originally, perhaps would have a permit. But again, the problem is it's you can't have the fence right up against the sidewalk that runs through the easement, because if the township has to go in there and maintain the sidewalk in and plow the sidewalk or shovel the sidewalk, it doesn't leave any leeway. As you could see from his survey. The fence on the opposite side is approximately two feet off of the walk on the properties that are on the opposite side of the walk. Again, for the same reason, it's that you need to provide a little bit of a buffer. You just can't close this, walk-in pinge on it again, it's the board has the right to say, you can't put the fence up in the easement whatsoever.  
Speaker 6     00:08:38    So I think it's a good compromise to give the, a little bit of a buffer to that walk so we can maintain it without damaging your fence when necessary. So that being said again, I think that's the reasoning behind the, for the two feet is to provide a little bit of a, of a buffer and some space for maintenance and for, for a snow removal, have some place to put the snow again, without, you know, causing a problem of Guinness, nothing really different than the defense that we would. This would be what would be required. I think on any municipal easement where there's a, a walkway that runs through it, typically we would keep a, usually a 10 foot corridor with, with the, with the smaller walkthrough there. But this is a pretty large walk. And again, I think two feet is a pretty good compromise.  
Speaker 4     00:09:39    So Mr. Patel, the, the downshift prohibits putting a fence anywhere in the Eastland, the township at this point is, is willing to permit a fence as long as it's set two feet off the sidewalk. You understand that?  
Speaker 5     00:09:55    Yeah, that makes sense. And, and if I may, I don't want to point fingers or anything, but my neighbor on the other side, I don't believe it's two feet. If it's all right. If I did the same distance I can measure it. I think it's maybe only a foot. The only reason I'm asking is because we have a paved paid walkway inside the, inside the fence and, and w don't require us to move all of that. And, and, and if we want to comply the two feet,  
Speaker 4     00:10:27    We do not know if they, your neighbors fence got the permits or approvals that are required. We're asking for two feet and  
Speaker 6     00:10:35    Mr. Mr., Mr. Patel, the other thing is the fence across the street, isn't in the easement. So they technically don't have any restrictions. I'm just pointing out that it is approximately two feet off, but they're not within the easement. So, you know, if they're not within the easement, I can't tell them. Or, you know, if the fence complies with the ordinance and it's not an easement, they don't have the Racine restriction that you have on your property because the easement cuts through your lot. It doesn't cut through that lot. It appears that the walkways partially on that property, but it there's no evening there. So from what I'm seeing from this map, the way the easements sort of laid out again, not that I don't, again, as Mr. Kinneally said, we don't, we don't know if they received the variance or not, but what we're asking for is that they bare minimum should bait for a fence within the easement where there's, where there's a walkway.  
Speaker 0     00:11:38    Yeah.  
Speaker 5     00:11:42    Two feet distance from the walkway is what needs to be done. Is that what I'm hearing?  
Speaker 6     00:11:56    Can you repeat what the statement?  
Speaker 4     00:11:59    Two feet distance from the walkway to the front of the fence?  
Speaker 6     00:12:05    Yeah. I think that that's what my recommendation to the board is, is that two feet is maintained between the walkway and the, between the walkway and the fence. This gives adequate, like I said, room for maintenance and snow clearing of the sidewalk.  
Speaker 4     00:12:30    Mr. Chairman, if the applicant doesn't have any further testimony, it may be appropriate to open this to the public. Anyone in the public have any comment on this request? Do you see any, yes. A geometry is raising their hand. This is geometry, Mr. . Yes. We can hear you. I need to swear you in. Could you raise your right hand? Do you swear the testimony you're about to give shall be the truth, your full name and address please?  
Speaker 7     00:13:07     23 red road, right behind Bayberry. So my question is that, what about the back easement is his fence is on the back, is men, or he's only asking for variants for the side easement  
Speaker 6     00:13:28    Appears. It appears that the variance is only for the easement that's along the walkway. It appears that the fence is a long, the easement line in the rear of the property. But again, it appears right now you're on the easement with the shed that you're removing or was removed, correct?  
Speaker 4     00:13:49    That's correct. So we're in compliance with the horizontal easement. So  
Speaker 6     00:13:52    Yeah. So I think that answers your question. I think what they're going to do is relocate the facts to the rear easement line. So they're in conformance or not within that easement and removing the shed that was there in the easement area. So it's just the, the Stein easement that has to be just articulated a little.  
Speaker 7     00:14:12    Okay. So Mackey's already done. It's just the side by the sidewalk. I understood.  
Speaker 4     00:14:23    Thank you. Are there any other members of the public who wish to be heard? iPhones could identify themselves?  
Speaker 7     00:14:34    I had the same question as the previous speaker, so I think I'm clear as well.  
Speaker 4     00:14:39    Okay. Thank you. Any other members of the public wish to be heard on this application? And you could probably move to  
Speaker 3     00:14:50    Close public, close the public, open up to the board. Anyone on the board have any questions? Concerns.  
Speaker 4     00:15:04    If not, the board could entertain a motion on this matter.  
Speaker 3     00:15:07    No, I have one question because I did not hear the response from Mr. Patel about moving into the two foot. I know we understood that he needed to move two feet. I don't know that he agreed with that and it would be mood  
Speaker 4     00:15:25    Mr. Patel.  
Speaker 5     00:15:26    I mean, is that the only thing that I can do at this point? Or is there any other steps that I can take to, to, I guess not move it? Because the only reason I'm saying this is because we have a paved walkway inside of the fence on the inside property and we'll have to move all of that just to move the fence two feet. So if there's any compromise, maybe just one foot or a six inch, I don't know. I mean,  
Speaker 4     00:15:57    The compromise that was offered is two feet since it's not permitted at all.  
Speaker 5     00:16:06    Okay. All right. So then that's the only thing we can do, right? There's nothing else.  
Speaker 4     00:16:15    Yeah. I, I don't think the board is going to vote to approve this in the current location that you propose, but they, the professional for the board has recommended two feet, usually agrees with Mr. Hinterstein  
Speaker 3     00:16:34    And if you're okay with this and you move on, move forward. Okay. Thank you. So I'm closing the conversation to the board. I would like to make a motion at this time that we accept this request with the site impact stipulations being met. Thank you. Please call the roll,  
Speaker 1     00:17:02    Mr. Tillary. Yes. Mr. Patel, Mr. O'Reggio. Mr. Hay Dhaka, Mr. Mitterando Mr. Ali Chairman Weitzman.  
Speaker 4     00:17:17    Yes. Your application as amended has been approved, we will memorialize it in a written document at our next meeting. You don't need to be present for that. We'll mail that document to you and you'll need that for your permits. Thank you.  
Speaker 3     00:17:32    Thank you. Okay, next I have a number  
Speaker 5     00:17:36    6, 2 1,  
Speaker 3     00:17:40    ZB dash eight one, Angela Christmas.  
Speaker 4     00:17:45    Sorry. I believe the next application is Jonathan  
Speaker 8     00:17:48    Stool or this number six  Jonathan stalled  
Speaker 4     00:17:59    Is Mr. Jonathan still present. I need to swear you in. Could you raise your right hand? You swear the testimony you're about to give should be the truth, please.  
Speaker 8     00:18:15    Dunbar.  
Speaker 4     00:18:17    Thank you. Could you explain what you'd like to do?  
Speaker 8     00:18:22    We're trying to install a property and the property has a setback. You have a very bad connection. We can't hear you. Is that better? Keep going. We'll try. Okay. We're trying to install the rear of our yard and there's a 40 foot front yard setback that we're looking to get.  
Speaker 4     00:18:54    Have you seen Mr. Hinterstein February 9th, 2022 report? I have. Okay. Could you address that please?  
Speaker 8     00:19:08    So we can have a question about the, the requirements for the wall from the property line. Our understanding was that the, the interpretation of the ordinances that water surfaces 10 foot back from the property line.  
Speaker 6     00:19:25    That's correct. That is the, the words for the pool. The problem is you're looking to put the wall in the pool within a front yard setback. That's not allowed. So I appreciate the fact that the pool is meeting the intent of the ordinance, but at the same time, it doesn't meet the ordinance cause pools aren't allowed in front yards. So that's why you're here before this board. So really it was tough from your drawing. It was a little bit tough to determine how the hall is going to operate because you didn't provide any grades or topography on your plan. So really my question with the wall pertains more so to the typography, are you putting that retaining wall in because the grade drops as you go to the rear property? So you're trying to level off the pool area and the fence is going to sit lower than the wall. Is that the  
Speaker 8     00:20:20    That's correct? We'll be raised up because the greatest drop of the, towards the rear of the property.  
Speaker 6     00:20:25    Okay. So in that case, you can disregard the comment about the separation needed between the, the pool wall and the fence, because the walls are going to actually decrease the height of the fence in the S in the sense that even if they're close together, it's not making the fence any, which is a concern sometimes. So that being the case and since the separation is it needed, I don't really have an issue with the retaining wall being in the location that it is because it's not going to impact the height of the fence. So really one is going to be a sort of eliminated by the fact that the, the wall is going to 11 loft, the area and the fence is going to sit lower. The only other comment would be is that, you know, your, your rendering showed a couple other items that you're, you're not seeking approval for tonight. So put that want to put that shelter pavilion in, or that shed within that front yard area. You're going to have to come back before this board at a later time for those items,  
Speaker 8     00:21:42    Right? We understood that rendering was a visualization of initial concept, and we're not moving forward with those pieces at this point.  
Speaker 6     00:21:51    Okay. Another curve questions, Mr. Hill,  
Speaker 4     00:21:56    Mr. Chairman, if the board has no questions, you may want to go out to the public.  
Speaker 3     00:22:02    This is now open to the public, and it would have a question. Please raise your head.  
Speaker 4     00:22:06    And this will be time for questions or comments.  
Speaker 1     00:22:12    Just double checking. No one Chairman.  
Speaker 3     00:22:15    There were no questions or comments from the public. I close that part of the meeting. I think one of the board have any questions or comments about this request hearing none. And I get emotion our second.  
Speaker 4     00:22:38    I think we'll Kalpesh. We now need a second. I'll second  
Speaker 1     00:22:46    Gen  
Speaker 3     00:22:47    X,  
Speaker 1     00:22:49    Mr. . Yes. Mr. Patel. Yes. Is there a ratio, Mr. Blount? Mr. Hay DACA. Mr. Mitterando. Yes. Mr. Weissman. Yes.  
Speaker 4     00:23:08    Mr. Stoll, your application's been approved. We will memorialize it in a written document at our next meeting. You don't need to be present for that. We'll mail that document to you, but you'll leave that to get your permits. Thank you. Good luck.  
Speaker 3     00:23:21    Yeah, I'm using a, I guess an old version of the agenda. What's the next item on your agenda?  
Speaker 1     00:23:30    Number seven.  
Speaker 4     00:23:32     it's Don Lee present.  
Speaker 1     00:23:41    My name is Lana Lee Penley is my sister. She's the owner of  
Speaker 9     00:23:44    Six.  
Speaker 4     00:23:47    Okay. Are you both going to be testifying tonight? Yes. Okay. Could you each raise your right hand? Do you swear the testimony you're about to give shall be the truth? Yes. Thank you. Good one. Have you explained to the board what you'd like to do here?  
Speaker 9     00:24:02    When we move into the house, the fence was already there with the chain span, so we just changed the word and somehow with the permit would deny because the setback,  
Speaker 3     00:24:25    Do you address this in your  
Speaker 6     00:24:28    Yeah, I mean, I don't see any really big issues with this application. Although variants is being requested for the fence I'm in front of you already. It's pretty substantially setback. It's I believe almost 28 feet back. So it encroaches it to the setbacks about seven feet. It's been there for awhile. I believe as a chain link fence. I think they're going to create a, put a solid fence in now, but the site corridor really isn't impacted by this application. The existing shed seems to have been there for a pretty long time, and it's pretty well screened or buffered by some existing landscaping. So I really don't see any issues with the application.  
Speaker 4     00:25:12    I like the procurement. If the board doesn't have any questions, you may want to go to the public.  
Speaker 3     00:25:17    Are there questions from the board at this point, I'd like to open this up to the public. Are there any questions or concerns that you'd like to voice it this time? Yes.  
Speaker 10    00:25:28    There is a Munis.  
Speaker 4     00:25:31    Mr. . Okay. Could you raise your right hand? You swear the testimony you're about to give shall be the truth.  
Speaker 10    00:25:40    I do  
Speaker 4     00:25:41    Your name and address please.  
Speaker 10    00:25:43    My name is Jose Munoz, my wife, Maria, and I own three mimosa line, which is why behind six summer Chaill.  
Speaker 4     00:25:54    Thank you. And your, your question or your comment, please.  
Speaker 10    00:25:57    I have a question. More of a clarification about this that took place. I understand that when we were being entered in here 25 years and the chain link fence was there ever since we moved here. So what I need to be sort of coming some clarification about is the chain link was every place, but it was replaced, put a six foot solid fence. Okay. So my question was, what stairs would you require a permit to, in to put the ?  
Speaker 6     00:26:47    Mr. Hinterstein could you for the gentlemen? Yes. A four foot high chain link fence would not require a permit, a friendlier to step back, but when the fence was converted to a solid fence. So when they did become a solid six foot fence, that re fence is required permits and zoning permits. And what happens is if it complies with the ordinance, we approve it. If it doesn't comply with the ordinance, then you're required to get a variance. If you want to deviate from that, from that requirement. So again, four foot fences are allowed. They, if the fence was already replaced, which you know, I I'm pretty sure it has been replaced already. Maybe you could confirm  
Speaker 10    00:27:33    That  
Speaker 6     00:27:36    Probably happened was is either something happened. Somebody said they put up a fence without a permit, or perhaps they went to go sell the property. And they saw that there was a, an illegal fence without a history of a permit or whatever the case is. Something happened that pointed it out to the township. That fence was put up without a permit, without a variance or so they ended up having to apply to the board to legitimize defense. That's located in the front yard, again, four feet, four foot 10, and the fences are loud. Once you put a solid fence up in the front yard setback, you do require a variance for that. And typically we do it depended on the situation. We do give variances, especially for calling properties, because there are two front markets. So it's somewhat of a hardship having to farm yards and the amount of space. So we try to limit the amount of the encroachment into the front yard setback as much as possible so that it doesn't impact the site corridor of the street. And in this particular case, I, I believe the 28, approximately 28 feet plus the right of way that the fence is 38 feet away from the road. So it has really minimal if any impact of the side, quarter of the street, which is why I don't see any issues with the,  
Speaker 10    00:29:04    Oh, the reason I also asked is because it was because when I saw my pool, like 20, 20 years ago, I had asked my contractor to see if we were able to, I installed a, a fence because the, my property line, but I was not allowed to bring it past the back end of the house. I wanted to put the filter and everything behind that house. And my contractor was told that that was not possible.  
Speaker 4     00:29:40    Your contractor was told that it's not possible unless you came to the zoning board and got her.  
Speaker 10    00:29:45    Okay. So he didn't mention it, but that's fine. All right. So, I mean, I don't want to have a problem with the fence facing mimosa lane, but I do, I have a slight issue. Maybe you could clarify this for me, the fence that was extended from next along the line that my fence is, is shown. It's not the same pencil was put on most of the line. And so doing the back fence, the ownership side phases, my property now is that shouldn't, that have been the opposite.  
Speaker 6     00:30:30    The requirement is if the fantastic exterior side in an interior side, that the good sides to post the face, the outside is it's my understanding. So if that's not the case, this board can make it a condition, but it's also, I think in the ordinance that if it's, let's say a typical stockade fence where you have three brows, it looks prettier, or it looks neat or on the outside versus the, the, the inside where that's the way it's supposed to be. The, the good side of the fence is supposed to face out. Some facts is board on board factors are the same, regardless of really what side you're on. So I don't, I don't think there's much difference to that,  
Speaker 10    00:31:15    But I think based on my observation that the,  
Speaker 6     00:31:21    We don't give waivers on that. So if the fence is facing the one way you could call the code enforcement office, they have to finalize this fence because it has to be permitted and it has to be inspected. And you can just let them know that the good side of the fence is, is facing the wrong way. And then it switched. And then that's really a code enforcement issue. Well, this board can do is, is really give the kids the, gives the variance of the location, but the other requirements of the ordinance, there is no verus being granted for what, you know, the other portions of the ordinance that are required to be met.  
Speaker 10    00:32:04    Do I, could I also, this could may be discussed directly with the owners of the property, or just as a courtesy.  
Speaker 4     00:32:21    We encourage you to talk to your neighbors, but if it's not appropriate during the zoning board meeting.  
Speaker 10    00:32:27    Okay. All right. Well, thank you. Thank you. Any other questions from the public? No one else. Chairman  
Speaker 3     00:32:38    To close the public portion of this meeting. Anyone on the board have any questions or concerns hearing none. I would make a proposal to accept this recommendation. You can Kalpesh. Can we get a roll call please?  
Speaker 1     00:33:00    Yes. Mr. Patel, Mr. Blount, Mr. DACA is your Mitterando. Yes. Chairman. Yes.  
Speaker 4     00:33:15    Your application has been approved women memorialize into a written document at our next meetings. You don't need to be present for that. We will mail that document to you, but you'll need that document to get your permits. Good luck.  
Speaker 12    00:33:26    Thank you. Appreciate it. Have a nice weekend.  
Speaker 4     00:33:34    I show it's Angela E Christmas 15 Charlton avenue, 21 dash ZB dash 81 feet is Ms. Christmas present. Damn. I need to swear you in. Could you raise your right hand? Do you swear the testimony you're about to give shall be the truth. Thank you. Could I have your name and address please?  
Speaker 12    00:33:57    My name is Angela E Christmas. My address is 15 Charlton avenue in Piscataway, New Jersey, 0 8 8 5 4.  
Speaker 4     00:34:09    Thank you. Could you explain to the board what you'd like to do here?  
Speaker 11    00:34:13    I'll just know miss Ms. Christmas is represented by an attorney and we also have a few other professionals here tonight to provide testimony.  
Speaker 4     00:34:21    So  
Speaker 11    00:34:24    No problem, John John DeLuca of the firm brewers Guild and fully vignette Heiman install on behalf of Angela Christmas here for Charlton avenue, we're seeking three variances for front yard setback for yard setback, and steps encroachment into the front yard setback. So I'll proceed. The witnesses already been sworn in. So Angela, how long have you lived in Piscataway Township?  
Speaker 12    00:34:51    Well, I first moved here when I was between eight and nine years old, started fourth grade here after the death of my, my mother and my father remarried and then moved away after college to be an educator. And then I had to move back in 2012 because of due to an accident. So I moved in with my father.  
Speaker 11    00:35:13    Okay. And was that into the house that you're currently living in?  
Speaker 12    00:35:17    Yes, we grew up here.  
Speaker 11    00:35:19    Okay. So what, what can you tell me about what you're intending to do to your house?  
Speaker 12    00:35:26    I would really, I love to, I love Piscataway and I'd like to stay here in Piscataway and I've made the decision that I do want this to be my forever home. It was inherited by me after the death of my father. And what I'd like to do is do some much needed improvements. Number one, and number two for myself, I do have some physical issues that need to make it easier to enter and exit the house. I experienced this with my both, my father and my stepmother would having to have medical attention and ambulances and so forth. Also, I experienced it myself after my accident in 2012 in which I was on crutches for several months. And it was very difficult to get in and out of the house. I actually had to crawl up the steps. So I have ongoing health issues, and I know they're going to be, you know, surgeries or procedures in the future. And I need to make sure that I have access, easier access and anybody who is assisting me has easier access.  
Speaker 11    00:36:30    And Ms. Christmas, is it true that you received a social security determination that you do in fact suffer from disability?  
Speaker 12    00:36:40    Yes, I did, sir. In June and January. Okay.  
Speaker 11    00:36:45    Thank you. So just getting a little bit more in, into the detail of what you're intending to do, what what's going to be going on towards the front of your house. What are you changing  
Speaker 12    00:36:59    Right now? I have an open porch. What I'd like to do is enclose. It there's no physical change to the building itself, to the structure itself. I just want to enclose the front porch and kind of add a, a front deck, a foot porch, and a deck to the side, like a sunroom, and also have a beveled the path up to the front door because the property is very it's on a hill and there needs to be, it's very treacherous to, to try to make it up and down the hill, especially in the, in the, you know, the colder months. And because I have a problem with stability and walking, I need to make some changes so that it's easier to access the properly easily for myself or any guests.  
Speaker 11    00:37:50    Okay. And what about in the rear of the property? What changes are you making there that will help you with your disability?  
Speaker 12    00:37:57    Well, to the rear of the property, I CA what my architect, Mr. Murphy, and I worked out because I said there needs to be a way that I can get access to the house, worst case scenario, if I need to be in a wheelchair, or if I need to access with crutches, that's why there's kind of like a ramp that kind of goes around the house, the, the, around the back porch and up, cause that's at least one way to have unfettered access and exit. It's a little longer of a way around, but I have seen when, you know, the ambulance has had to come from father or my stepmother, the difficulty in trying to navigate the steep front walkway. The other only other way is to try to maneuver through the garage and down the back porch. It, there had to be some changes here.  
Speaker 11    00:38:51    Okay. And are you intending any interior changes to accommodate your disability and potential future health issues?  
Speaker 12    00:38:59    Yes, I, Mr. Murphy and I, my architect, we, I specifically said, I wanted to make sure that the, the walls were widened. The hallways were widened. I'm also looking, I would like to put in a stilts lift elevator to the basement because the washroom is down there. And I saw how my father struggled. And I also have a lot of trouble with stairs and steps because of my injury. My Achilles tendon was permanently damaged and I also had several nerve damage. So it is difficult for me to maintain stability if some, if I'm not on level, but going up and downstairs steps, inclined declines is it's treacherous for me. And it's to the point where I it's difficult for me to manage. And I do live on my own. I'd like to continue my independence as long as I can, but when I'm doing laundry and I have to go up and down the stairs, you know, I'm usually on the phone with a friend just in case, you know, something happens. I need to have access, easier access to that part of the basement. And because we are changing some of the, the rooms up here on the main floor, I didn't want to lose a bedroom. So I'm putting another bedroom in downstairs as well. Okay.  
Speaker 11    00:40:20    All right. I have no further questions for you, Ms. Christmas. So with that, I would like to call your engineer to testify. Ms. Cathy, Catherine Mueller.  
Speaker 4     00:40:36    Yes. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth? Yes. I do name and address please.  
Speaker 13    00:40:44    Katherine Mueller. I'm the president and principal of Paige Miller engineering in Warren township, New Jersey. I'm a registered professional engineer in the state of New Jersey. My licenses, good standing. I've been qualified as a professional engineer in front of numerous boards throughout Monmouth, Middlesex, Warren Somerset, Maurice counties,  
Speaker 4     00:41:06    Mr. Weinstein. I believe that this witness is qualified to testify as an expert engineer.  
Speaker 13    00:41:12    Thank you. I do have the plans. If I have the ability to share my screen, I'll go through them. Show the board the improvements that you've just heard from Ms. Christmas about  
Speaker 4     00:41:26    Ms. Buckley. Can she share her screen? Yes.  
Speaker 13    00:41:35    Can everybody see my screen here? Yes. Okay. So the plans that I have up on the screen are dated December 6th, 2021. They're identical to what we submitted as part of our application. I consisting of two sheets. What I have on the screen right now is good pics, the existing conditions of Ms. Christmas property, 15 Charlton avenue, it's located in the end, surrounded by other single family homes and the art 10 district. The property is rectangular. It's 150 feet wide by 150 feet or a hundred feet deep for 15,000 square feet. We have a front loaded garage with access off Charlton avenue and the houses is pretty much centered in the lot.  
Speaker 13    00:42:26    So I'll go right over to a sheet two and discuss what we're proposing as the improvements to the house and the property. So have you, as you've heard, there's going to be some additions to the property. There's a one-story addition off the rear left, and our architects can certainly go into more detail as to what we're proposing and why next. So we have, well, one story addition to the left, which is fully within the setbacks for the side yard, the rear yard in the front, the proposed one story addition, which you've heard is actually in closing the existing porch. We're proposing an open front porch to the front left of the property or the existing home, the proposed awning, which we've identified on our plans, the front yard variance, which we're seeking as measured to that awning at 32 or 31.2 feet of that is the front yard setback variants, which we're seeking the front of the primary house is not changing.  
Speaker 13    00:43:34    It's truly the awning, which will be projecting into the front yard. We're also seeking a variance for the steps off of the front porch, which will extend into the front yard of 5.7 feet were five feet is allowed. That's the 29.3 feet dimension you see here in the front, right? Kind of elbow of the house. They're proposing an egress from the basement, which will come up to the driveway. Elevation. The other improvements that we've done from an engineering standpoint in the front yard is we've provided some easier access from the flop flat area in front of the garage doors. The garage is just under fit or the driveway is just under 15% coming off a trout and avenue with a flat area up top. So what we have is a flush curb. So somebody could walk across the front wall and only contend with a few steps to get to the front open porch.  
Speaker 13    00:44:38    We've also redesigned the front walkway. There is an existing walkway. You can see here dash just to the left of our proposed walkway. This will have proper steps and flatter grades in between those steps. We've clustered them to be two to three steps so that no railings would be required in the front yard. The other improvements that we've done to the site is on the right side of the garage. We've provided a walkway. This will connect to a proposed patio at grade behind the garage. She can come in the front doors. You can go out the back door to the patio, or you can walk around from that patio. There's also a deck proposed off the bat. There are stairs that will connect the deck to the yard and the patio. But as you've heard, the main focus of our application here is to make it easier to get in and out of the house.  
Speaker 13    00:45:39    So with the walkway, the patio and a ramp adjacent to the deck, you could come through and get to the rear door without going up any steps. The deck is 14 feet and the one measured from the existing house to the edge of the deck with a four foot ramp that results in our 17.7 rear yard setback. One of the variances that we're seeking here tonight, again, that is measured to the proposed ramp. The other improvement, another improvement is a proposed shed. That's eight by 10 feet. We're respecting both the rear and side yard setbacks required to be eight. We have the shed set at 8.1. We include the 0.1 just for a little construction tolerance. If it's not perfectly square to the property line, the other improvements on site we're relocating because of the addition, we're relocating a generator, replacing the AC pads next to the house in the rear.  
Speaker 13    00:46:42    All of these improvements on the site we'll have some grading. As I've said, we that we're adding walkways patio. The deck will result in an increase in impervious on the site. We still comply with building coverage where it's 16.5% where 20% is allowed. There is no requirement for the impervious total impervious, but we will be increasing it 1,284 square feet. This accounts for the patio, the deck, the additions and the walkways. So what we've proposed is a dry well, it's a very standard solution for a single family dwelling. It's not anything unusual. We've certainly done this with Piscataway before we've sized the dry well, which will be in the front left corner of the house or the property to receive three inches of runoff from a equivalent roof area for the increase in impervious, this will be filled with stone and it will overflow to a gravel bed in the front of the property, not within the right of way.  
Speaker 13    00:47:57    We understand the requirements and Piscataway as soil tests will need to be done to ensure that we're not into the seasonal high groundwater and also that it would function properly. So one thing we do request is if we could do the soil testing, when the machines are on site to not have to hire a machine for the day to do a soil test, once the machine's there and they're digging, we would perform the soil test would work with your engineer, get them the results, and hopefully confirm that the system will reformatted quietly as designs. Sometimes we hit different kinds of soils in the area. If it is a shallow or brown water, which I don't anticipate due to the slope, we could go to a smaller system, but again, the dry well on the front is a very standard solution for storm water management on a single family lot. So again, we do have the three variances that we're seeking that front yard set back measured to the awning, the encroachment of the front steps and the rear yard setback when measured to the proposed ramp, That wraps up the engineering aspects of the site. Planning. If anybody has any questions, I'm happy to answer them.  
Speaker 14    00:49:22    I have a question. Can I ask it now? Or when you ask the public to speak,  
Speaker 4     00:49:28    You'll have to wait. Yeah. You'll have to wait until it's time for the public to speak. Okay. Okay. So we have to check with the board first. Mr. Bison, you may want to see if, if any members of the board have any,  
Speaker 11    00:49:40    Well, we're still, we're still intending to present a testimony of our architect and planner. So perhaps it might be best for the flow to allow our other professionals to testify. And then perhaps we could field all questions from the board and then the  
Speaker 4     00:49:55    Public that's really up to the chairman to decide.  
Speaker 11    00:49:58    I was just proposing that  
Speaker 4     00:50:01    The testimony call your next witness.  
Speaker 11    00:50:09    Thank you. I would like to call Scott Murphy, the architect on behalf of the applicant.  
Speaker 4     00:50:15    Mr. Murphy, are you present? Yes. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth? Yes. The name and address please.  
Speaker 15    00:50:26    Scott 4 0 0 1 main street, many Oak Philadelphia.  
Speaker 11    00:50:35    All right, Mr. Murphy, what, what can you tell us about the architectural aspects of what is proposed  
Speaker 4     00:50:40    Here helps you to qualify him as a witness  
Speaker 11    00:50:42    First? Certainly. Mr. Murphy, could you please put your credentials on the record for the board?  
Speaker 15    00:50:49    Absolutely. Scott Murphy, project manager at design months, architecture seven years design on architecture is licenses six states in the United States. And we have currently 200 projects ongoing within the tri-state area.  
Speaker 4     00:51:08    Could we hear some of Mr. Murphy's individual qualifications please?  
Speaker 15    00:51:14    Sure. Like I said, project manager of seven years and just seven years of experience in project managing of residential architecture in New Jersey.  
Speaker 4     00:51:29    Mr. DeLuca, what, what kind of an expert is Mr. Murphy being offered at?  
Speaker 11    00:51:34    Mr. Murphy is being offered as an architectural expert. Mr. Griffith, do you hold any license in architecture?  
Speaker 15    00:51:42    Yes. Or degrees? Yes. Bachelor of architecture and representing Scott Woodruff, director architecture, a license number 2 0 8 0 7.  
Speaker 4     00:51:52    Mr. Murphy, are you a licensed architect in the state of New Jersey? I am not. Are you a licensed architect in any statement? No. Okay. Mr. Murphy, did you also, or Mr. DeLuca, did you also indicate that this was your planning expert as well?  
Speaker 11    00:52:07    No, he's not my planning expert. Okay.  
Speaker 4     00:52:11    I, I, I think that we connect except Mr. Murphy as a, an individual, who's going to give us some architectural testimony, but knowing that he's not a licensed architect in the state of New Jersey, but any plans will be sealed by an architecture expert in the seat state of New Jersey. Is that correct? Mr. Murphy?  
Speaker 15    00:52:36    Absolutely correct. Yep.  
Speaker 4     00:52:39    I think we can proceed.  
Speaker 15    00:52:41    Okay. Thank you. Yeah. So, so just thank you, Kathy, for the testimony on the site. So just going to run through the floor plans and the proposal for the project here. So as already mentioned to Angela has been a resident for a very long time and Piscataway, and it has a lot of good plans to enhance the current residents that she wishes to make for her forever home. So looking right now at the first floor plan, the open port, just Kathy already mentioned the staircase, which is what is in question as far as variants in the front. And then the entry here. Basically what you see here is, is the dash region is currently an open porch. And what we're proposing to do is enclose this open porch with partitions and obviously exterior sheeting to make an actual custom for your here. When you enter into the house to the right, we have a living room pretty much as existing, just interior finishes there and working our way forward to the left, a sunroom.  
Speaker 15    00:54:00    And then one of the major things here is, is a new master bedroom suite to the rear of the kitchen. Again, one of the variances for here is a new deck. One of the biggest things I have to say, and then echo what Kathy had testified for is that we are looking to have a ramp feature around the back of the deck to make sure that we can get some accessibility in and out of the main floor. So as Kathy mentioned, there would be a branding around the right side of the garage and that around the back of the house, to make sure you get up onto a deck, I will say that the deck right now, as far as being, having ramps and being accessible, really can't be any smaller to be functional as far as dining and having rampage around the back of it.  
Speaker 15    00:54:59    Another thing to note here is that the garage or slab is at an extremely different level than the rest of the house. So we explored opportunities to try and get from the garage into the main house. And it's just not doable without having to add almost another story or like really raising the roof of the structure. So this is why we wanted to make sure that we had accessible sidewalk and ramping opportunity. So that is the main floor. Actually, one more thing I'll show is that the addition I apologize is slow here, but the front, as I mentioned, the front enclosure for the poor set already exists. It's already under an existing roof. It would just be enclosing that existing roof with a new facade. And then the area in gray around here is the actual additional square footage to the home, which is all conforming in setbacks and coverages to jump down to the basement for plan, you can see on the left side, it's just an unexcavated crawl space that will be underneath the addition to the left. And then the main basement space will be converted or really just finished into a habitable space. There's a guest bedroom and there is a what we're calling a mini gallery space, which is just really a free foot wide countertop that has a refrigerator and just spot for a microwave. And Angela's purpose for this was to show movies and, and heat up popcorn and have drinks on hand quickly and easily.  
Speaker 11    00:57:12    Mr. Murphy, I'll just ask you to clarify this mini galley is not a functional kitchen, is that correct?  
Speaker 15    00:57:21    Oh yeah, absolutely correct. Like I said, it's just three feet wide. We'll have a little mini fridge and a place to, to as, as Angela puts her feet up platform. So yeah, absolutely not a kitchen.  
Speaker 11    00:57:35    Thank you. If that, if that concludes your presentation of the architectural design, I've, I've no further questions for Mr. Murphy. And unless the chairman would like to ask any questions with the board members would like to asking questions,  
Speaker 6     00:57:58    I'd like to ask some questions, Mr. Kinneally, Mr. Chairman, I guess I could direct them to the architect, the architectural plan. Does it not come off the front porch to the right ADA ramped down, correct?  
Speaker 15    00:58:17    No longer. I think that's one of the comments that we received in review definitely referred to the latest civil engineering drawings for what is happening on the front right of property.  
Speaker 6     00:58:29    So basically we've been tanning how these changes are necessary for accessibility and for circulation and really for accessibility to make it easier. But we're maintaining front steps and, and we're not adding a rip the front of the property, but we're asking for variances, correct?  
Speaker 15    00:58:58    Correct.  
Speaker 6     00:59:01    And how far did the steps to the back deck?  
Speaker 15    00:59:05    Three feet  
Speaker 6     00:59:11    Look larger than three feet. Cause cause the other steps on the other side are four feet. I wouldn't say they look similar.  
Speaker 15    00:59:27    Well they, yeah, they would be three foot clear. So I think we're about three foot four, I guess, from, with the, with.  
Speaker 6     00:59:36    And then you also testified that you thought this Jack was the smallest that GAT could be for, for what exactly.  
Speaker 15    00:59:45    Just to be a functional deck. As far as, you  
Speaker 6     00:59:48    Know, you have a dining table here that halls comfortably eight people, two couches, and what appears to be a large table or fire pit on the deck. You're telling me and keep an amount of space still around the dining room table. So I don't know, it just seems a little bit on the ward side for the, for the various that you're, you're requesting in later, you know, but it, the fact that I just, I just don't see why the front ramps being eliminated. You know, I'm just being thrown off on the accessibility. And what I thought was, you know, the idea of, of making this more of an accessible home and the front ramp being eliminated and just maintaining this, this background,  
Speaker 13    01:00:40    Mr. Hinterstein, if you don't mind that, I think I could offer some information here. When we originally met with Ms. Christmas and Mr. Murphy, they had already been working on their architectural plans and solutions. They did not have the benefit of a topographic survey at that time. So then my firm went out and we did the Topo and the ramp that was shown on the architectural plans to get from the elevation of the garage, which is almost half the story below the main floor. And Scott can tell the differences in the elevations. It was extremely steep. We actually worked through a number of different concepts to put a ramp network that may not even be one on 12 for, for compliance with an ADA, which you wouldn't need to be because of private residents, but we would have to include switch backs to avoid it being too steep from the flat portion by the garage, which we're at 11 elevation, 97.9 up to the front door at 1 0 2 and almost a half. So we had a five foot difference in not a lot of space to get that one shot of a ramp up to the front. So although it's not the shortest route, it's a much slider or, or lessened slope around the garage and would still necessitate the ramp structure by the deck to get up to the deck elevation. When we did the ramps in the front, the front yard, it came through the front yard. So that's why we, we ended up with a layout that we did and we eliminated the sloping ramp in the front.  
Speaker 4     01:02:29    I appreciate that explanation.  
Speaker 13    01:02:31    I think that clarifies things a little bit. You're welcome.  
Speaker 4     01:02:36    The other concerns. Thank you. Thank you. I'd like to open up to the board and anyone on the board.  
Speaker 11    01:02:59    We have one more witness unless you'd like to proceed with board questions.  
Speaker 4     01:03:05    Let's go here.  
Speaker 11    01:03:08    Yeah. Our final witness is our planning expert. He'll be providing planning testimony and that's Mr. James Higgins.  
Speaker 4     01:03:16    Mr. Higgins, will you present  
Speaker 16    01:03:18    Mr. Kinneally? How are you? Good, good to  
Speaker 4     01:03:20    See you.  
Speaker 16    01:03:23    I do.  
Speaker 4     01:03:25    Mr. Higgins has been accepted as a professional planner by this board on many occasions. Go ahead, Mr. Hagan.  
Speaker 16    01:03:32    Okay, good evening. I'm not gonna spend your time describing the variance as they were described at length. Well, I will do is give you what I think are the reasons for the grounding of those variances, which I think are fairly compelling in this instance, the variances that are being requested really fall under the C2 variance criteria, where the benefits of the granting of the variances substantially outweigh the detriments. And the reason I say that is I think there are substantial benefits to the granting of these variances because not only does this application in allowing Ms Christmas better access to our house and to utilize our house better, not only advantage the purposes of any minuscule land use law with regard for voting the public health, safety, morals, and general welfare, but also it advances the purposes and the intent of the Americans with disabilities act and with the federal fair housing act.  
Speaker 16    01:04:30    And more specifically the federal fair housing act as, as amended requires that governmental agencies now, quote, quote, make reasonable accommodation and rules, policies, or services to afford handicapped individuals equal use. And I think that is a key phrase there equal use and enjoyment of a dwelling and really the improvements that are being proposed here that generate the need for the variances. I think do do facilitate that that goal, the biggest variance is being requested as the rear yard setback variance. While I can understand Mr. Hinterstein his concerns about the size of the deck. I can tell the board from personal experience that 14 is the absolute minimum.  
Speaker 16    01:05:22    The, I lived for years with a disabled woman and procedurally w with a disabled woman and we had a 20 foot deck, and that was too small 14 feet. By the time you have a wheelchair, a table, a barbecue or something else out there, and you want to entertain a few people is the absolute, absolute minimum that, that, that can be really, should be bigger in my opinion. And then you need the, the, the important thing is that setback is measured to not to the deck, but to the ramp. And the ramp is a little bit lower than the deck. The deck deck is open over top. So the visual impact is minimal. And the substance, the benefit of having that deck the size it is I think, is very substantial and really does go towards the, the fact that Ms. Christmas can have equal use and enjoyment of her property, the variances in the front, the variance for the front setback of the house that goes to the canopy, to the canopy, to the that's there.  
Speaker 16    01:06:35    And again, that's, that's a structure really that comes out a short distance it's open underneath. And that variance is minimal in terms of the, the extent of the variance. And I really don't see any substantial negative impact there. I think what it does is it helps keep the front porch and in particularly it, inclement weather helps her get into the house easier without having to get wet, and she can stay on there to open it, unlock the door, that type of thing. And it'll keep help keep the ice and stuff off of the, off of the front porch. So I think there's a substantial benefit to that. And again, I think that the impact is minimal with regard to the extension of the steps into the front yard. That's, that's an eight inch extension. And in my opinion, that's, diminimous somebody standing out in the street looking at that house could not tell that those steps actually encroach more than five feet into the front yard area. So I think, again, all of these things, I think really go towards making this house more usable and more livable for the applicant. And I I'm saying, I don't think there's any substantial detriment to the grounding of these variances. So I think the benefits substantially outweigh the detriments and they can be granted under the C2 criteria.  
Speaker 3     01:08:01    Thank you. That concludes our presentation. Thank you. Mr. any questions or concerns from the board up to the public  
Speaker 4     01:08:15    At this point? I know there's someone in the public who had a question.  
Speaker 14    01:08:19    I did. My name is Lorraine cook, and I am the rear neighbor.  
Speaker 4     01:08:25    Ms. Cook, could you raise your right hand? Do you swear the testimony you're about to give should be the truth? Yes, I do. And could I have your street address please?  
Speaker 14    01:08:34    I'm sorry, I can't hear you. Could I  
Speaker 4     01:08:35    Have your street address please?  
Speaker 14    01:08:37    16 Melrose avenue, Piscataway 0 8, 8 5 4.  
Speaker 4     01:08:44    Please proceed with your questions or concerns.  
Speaker 14    01:08:47    My main question is, as it concerns your rear yard requests, there's a 25 foot rear yard setback. And it may be because I'm not understanding this new language, but you say you propose a 17.7 foot rear yard setback. Does that mean that you're going to bring out this deck and this ramp 17 feet from Ms. Christmas's house leaving only eight feet of open space? No.  
Speaker 4     01:09:25    Yep. The proposal is that the edge of the ramp will be 17.1 feet from Ms. Christmas's property lines, Which is your property.  
Speaker 14    01:09:40    Right. Okay. So actually she's only encroaching eight feet as it concerns the 25 foot, approximately eight feet as it concerns the 25 foot rear yard, eight feet from the wall of back the back wall of her house or the back, you know,  
Speaker 4     01:10:01    It would be the edge of the ramp. It will be the closest to your property line,  
Speaker 14    01:10:06    The edge of the ramp. Yes. Okay. Okay. That's what I'm thinking. Okay. So, so the edge of the ramp is only encroaching another eight feet, and then there's 17 feet of open space between the ramp and the property line. Okay. That that's, that's what I was baiting. And in terms of, so she's only asking for an eight feet or an eight foot encroachment, a little  
Speaker 4     01:10:36    Bit less than eight feet,  
Speaker 14    01:10:37    A little bit less than eight feet. Okay. A little bit taller than a man, a six foot seven foot man, right? Yeah. But I'm just trying to make it more understandable to my peanut brain. Okay. I just want to know, because I don't, I'm not, I'm not here to interfere with someone's use of their own property. However, I do feel, I just wanted to understand because I'm the backyard, how much of a difference is there going to be with this renovation?  
Speaker 4     01:11:22    So the closest structure to your property line will be 17.7 feet from your property,  
Speaker 14    01:11:29    From the property line. Okay. Okay. That, that was my only question. Thank you. You're welcome.  
Speaker 3     01:11:36    Anyone else from the public during no one else from the public, like no one else, chairman, thank you. Hearing no more comments on a public lesson, close the public portion, open up to the board members. Any questions or concerns of what members Not hearing Henry your concerns have been answered?  
Speaker 6     01:12:02    Oh, I don't have any more concerns. I think, I think the testimony from Mr. Higgins and the clarification Mr. , I think clarified all the questions that I had, my concerns would be is that they, they understand just how home has to be used on these, the single family home. It can up use this two family home that allows and th the, the, the praise need to be consistent. So potential players that have to be modified to be in conformance with what's proposed on the engineering drawings  
Speaker 4     01:12:40    And Mr. DeLuca, you would not have a problem with a condition that this be a single family home only, and not a two family home.  
Speaker 11    01:12:47    Absolutely not. We, we absolutely consent to that.  
Speaker 4     01:12:49    And you will provide revise plans, architectural and engineering that jive with one another.  
Speaker 11    01:12:57    Yes. There'll be consistent with the engineering plans that you saw today.  
Speaker 4     01:13:00    Thank you.  
Speaker 3     01:13:01    Thank you hearing no other, are there any other questions or comments from the board hearing? None. All I can make a motion that we set this with the agreed upon changes. Can I get a second, second, second? Did it, Laura, would you take the call?  
Speaker 1     01:13:22    Yes. Mr. Patel. Mr. O'Reggio. Mr. Brown, Mr. . Mr. Mitterando and Chairman Weitzman. Yes.  
Speaker 4     01:13:36    Mr. DeLuca, we'll memorialize this at our next meeting and send you a copy of the resolution  
Speaker 11    01:13:41    Very much.  
Speaker 1     01:13:43    Thank you all.  
Speaker 4     01:13:45    Good luck this Christmas.  
Speaker 3     01:13:49    Thank you, Mr. Kinneally. I would say our agenda next. What's the next  
Speaker 4     01:13:54    Supermanium   
Speaker 3     01:14:01    Okay, so it's 21 ZB 43  
Speaker 4     01:14:04    V  present. Hello? Is this Mr. Romanian? Hello? Hello? Yes. How you can hear me? Hi, how are you? This is  
Speaker 17    01:14:26    Mississippi,  
Speaker 4     01:14:28    Mr. Supermanium.  
Speaker 17    01:14:30    Yes, sir.  
Speaker 4     01:14:32    You are present  
Speaker 17    01:14:34    On present.  
Speaker 4     01:14:35    You remain under road from the last meeting.  
Speaker 17    01:14:39    Yes,  
Speaker 4     01:14:39    Sir. Okay. Mr. Subramanian, the zoning board has received telephone calls from your neighbors that you intend to open a soup kitchen in your accessory building.  
Speaker 17    01:14:55    It's not a soup kitchen, sir. I said basically that want to do some cooking there. I didn't say if you're going to open a soup kitchen there.  
Speaker 4     01:15:05    Okay. Mr. Subramanian, if you're proposing anything other than a garage accessory structure, you need to go back and file a new zoning board application and explain exactly what you intend to do with that structure.  
Speaker 17    01:15:22    We will, sir. But right now, all that we are trying to do is be just reconstruct the building the way it is.  
Speaker 4     01:15:29    There's only board will not proceed with any application to reconstruct the building while it knows that you have a proposal to do activities there that are not permitted under the ordinance.  
Speaker 17    01:15:41    We, we won't do any activity. That's not permitted under the ordinance. Sir,  
Speaker 4     01:15:45    You are required to go back and file an amended application, explaining what your intentions are for the use of that property.  
Speaker 17    01:15:56    We, so, but for the time, all that we ask is this particular property was deeded and be sent to the copy of the deed that was there from before. And if you see in there, this was approved by the planning board as a structure, and that's all we are trying to, we may, we, it's going to be basically a, you know, open structure. That's what you're going to maintain as there. And we're not going to do anything against the, you know, contrary to what the board wants to there. And I mean, we may do several things, but at the time, whenever we do we'll apply for res. But right now, all that they're trying to, they're trying to reconstruct the structure, the it was rebuild and repair, and that's all we trying to do. As soon as can see  
Speaker 4     01:16:44    The board will not proceed with this application tonight, since it has information that you intend to use it for a use that is not permitted in the zone, you are required to go back to the board file a new application for a use variance so that the board has sufficient information to proceed until that occurs. There will be no public hearing on whether or not you can restore the structure  
Speaker 17    01:17:12    As you can. My architect is there as you can see, I mean, asking, talk to him and all that we've been trying to do is, I mean, we may in the future at some point in time, we may do whatever, but right now we're not doing anything. All that we are trying to restrict as a building. So it doesn't fall apart and then just put it back. So it stays in place. And that's all we're trying to,  
Speaker 4     01:17:35    We are not going to take any testimony on this. Since we have information that you intend to do something with a use that is not permitted in the zone, you are required to go back to the zoning board file an amended application, explaining what you want to do.  
Speaker 17    01:17:55    And then, but this is, this should be a grandfather structure. It doesn't need any variance at this point, just to rebuild the structure,  
Speaker 4     01:18:04    Sir, we are not going to hear this matter tonight. We have information from a number of your neighbors of your intentions to use it for a use that is not permitted. We will not proceed until you have filed the proper applications and paid the proper fees to come before the board for a use variance.  
Speaker 4     01:18:24    Okay? So the Baila supermanium application is going to be carried. We will pick a new date of March 10th. There will probably need to be further notice by the applicant. So I'm not going to announce that no further notices required anybody here on the supermanium application, 14 Walt Haven court. It will not be heard tonight. It is being carried to March 10th. And I encourage you. If you're interested in this application to contact the board prior the day before March 10th, to see if it is actually going to be hurt. Okay? Mr. Chairman, I'm showing that the next application is Alka a Staava  
Speaker 18    01:19:16    Yes. I'm present.  
Speaker 4     01:19:19    You're both going to be testifying tonight. Yes. Could you raise your right hand? Do you swear the testimony you're about to give shall be the truth? Yes. One at a time. Could I have your name and address please?  
Speaker 18    01:19:32    I'll go. Sure. I'll stop by Marisa core is category  
Speaker 4     01:19:40    Five minutes ago. Thank you. Good. One of you explained to the board what you'd like to do here. Okay.  
Speaker 18    01:19:47    We are removing an existing eight by 10 deck and replacing it with a 16 by 25 deck with a set of stairs. And half of the deck will be covered with a roof. The reason why we need relief is the 16 foot deck encroaches on the minimum offset from the back of the property line and leaves a 15 feet setback. The fundamental issue is that our lot is Y which is 200 feet and it is not deep enough. And it's only 150. We had read the letter that we got prom, Mr. Henry. And we have prepared our statement because we wanted to entrust everything. Is it okay if I read through that? Yes, please. Thank you. Before I start, I really want to express sincere. Thanks to Laura. I've been going back and forth with her multiple times over our phone calls. So thank you so much, Laura, for all the clarification and support you provided to get us up to this point.  
Speaker 18    01:21:02    And we are also very thankful to the board for giving us an opportunity to express our perspective on why we are requesting the approval from the board. For this edition, from the letter, we gathered that there are three main areas that we need to address in our response. And so we want to address why we designed the project or for the size of the deck and our reasoning for the roof, because we are planning to partially cover tech. And we also want to emphasize that we have part through this project for over a year before applying for variance. So the first part, like why we want to do that COVID has adversely impacted our lives. And several other people have also been impacted. There are travel restrictions. We have ourselves had to cancel ticket twice to travel back to India or home. There are social gathering restrictions and casual gatherings.  
Speaker 18    01:22:11    And at home and restaurants have been adversely impacted. We built our as noted in the letter, we built our sunroom back in 2015 and we built a small deck. Then we got the sunroom bed and that was sufficient for us, but you took over it. The lifestyle changes introduced. We have considered adding this expansion of the deck. We started contemplating this and mid 2020, but we wanted to wait and see how the situation evolves. As we know now COVID four impact our lives as new variants comment on, even if restrictions are relaxed, they may not be permanent early last year. One of our friends made the change and invited us or what, and it confirmed our thought process that we expansion. We were thinking about made sense. Like we did not want to rush into it. And therefore we talked through for more than 10 months before applying for that variance.  
Speaker 18    01:23:12    So if I summarize the five main reasons are we cannot have in inside gatherings due to COVID the flexibility of entertainment and changes and living setting without having to travel because of the travel restrictions. We want our children to be able to comfortably hang out in safe settings. The difference when they come back home from college or when they're home, we also want to enjoy like a vacation, like setting our home and improve the quality of family time we spend together because we are all working from home and it could also provide a break from the monotonous life. And I think the thing that really got us in this direction was like, we got scared in October when our son got COVID after hanging out with his friends at a restaurant last year. So, so these are like the issues why we decided to go with this addition for our home.  
Speaker 18    01:24:17    So the next one we want to address is the size. Like, why have you picked the size of the day in the previous testimony? We heard the gentleman say that anything less than 14 feet wide deck would not be enough. And, and that was the thought process with which we also started. What we are looking for is the size of the deck that can comfortably accommodate 10 to 15 people with appropriate social distancing, along with the grill, a dining table for, and a seating set fire bed. We initially take a bowl 12 feet, but then we were not able to fit everything properly, along with the grill. Then we increased it to 14, but then we had the issue of providing access for steps in order to provide a proper external Lexus for the steps we had to the depth of the deck to 16 feet.  
Speaker 18    01:25:18    And just like to give off our property, you know, that these are all very wide lots. So there is approximately a hundred feet, 150 feet of distance between like the houses that are next to our house and our back railway track. And there is more than 300 feet of distance between our end of property line and the railway track. And that is load residential problem. This construction impact anyone's privacy is 200 feet and we are effecting one, 5% of the entire property with this change. And even if we moved the 75% of the victim of the property is as per the code. The third and last point that we want to address is why we decided to add the rule on COVID fear. We are not comfortable inviting friends and acquaintances into our home and the enclosed room that we had previously been open, make the speaky space usable for at least three seasons and over the fire pit, maybe a few extra weeks, even in the winter to plan planned gatherings in advance instead of waiting for the week off, that is checking the weather.  
Speaker 18    01:26:40    And then I think it will also minimize our dependency on better. And even if it is raining, we can be outside and enjoy fun family time. This past summer, we had to cancel like twice our gathering, you do rain. And in the past, we would have had batteries inside our house if it rained and that small deck that we currently have, it actually installed the belongings. And even if it was not raining, raining, opening the awning, even in a life windy condition is very risky. We heard all the awning about five years back and concluded. It is unsafe to use it in any condition other than the vent. It is sunny and there is no rain, which is very rare. And you see, because of these reasons that we want to add a half of the deck we want to cover, and the side benefit is essentially a good help in protecting the grill and the furniture from the elements of the weather.  
Speaker 18    01:27:47    So if I summarize in conclusion that although the restrictions are slowly, be relaxed due to COVID, but if we keep on hearing about future waves, the addition of the deck with roof and provide us a safe outdoor space, contribute to our emotional wellbeing, quality, fun, and how children enjoy the difference while being safe at home and due to the property distances, it will not impact anyone's privacy and additional cover deck does not impact the aesthetics, the visual, our privacy, and it improves value overall. And this variance request does not have any known obvious detriments to the neighborhood or our property itself. And it would generally appreciate the board's understanding of our emotional health family and social connections reasons for requesting this variance approval and helping us by giving us a goal for this project. We want to read that templated for this for several months before  
Speaker 6     01:29:00    Requesting  
Speaker 4     01:29:06    Mr. Chairman, you may want to check with Mr. Hinterstein about his comments on this application.  
Speaker 6     01:29:11    Yes. Yeah. There's a couple of items that she touched on. A couple of them. One is that they show the sunroom being 19 feet off the property line. It's not that the sunroom is 17.9 feet off the property line as was approved back in 2016, I believe so it it's closer to the property line than what they're depicting as well as the deck that they're proposing is actually closer to 13.9 feet versus 15. And it's that same error that they're shadowing on there. And again, the problem is these properties are wide and they're not deep. That's the way they were developed. That's the building envelope that exists. And the problem is, is that anything that they do in the back is a very, they have plenty of space on the side of both sides of the property. And have you entertain the notion of perhaps putting the deck on the side of the sunroom and then wrapping it around the corner of the house or coming up with another solution, or again, a paver patio that doesn't require a variance.  
Speaker 6     01:30:26    You could put a paper patio on grade, and it does require a variance and you could have the same enjoyment on that patio and it wouldn't need a variance. So the problem is, is tier you're trying to pack a kind of structures into a setback area. That's required to be 30 feet. They allowed the sunroom. And I believe at that time, I'm sure one of the arguments was, is that you wanted a sunroom. So you had a, an area that was protected by the weather that you, but you could still somewhat enjoy the outdoors via the sunroom. Now it's an open deck and you're placing a roof over it. Again, Alicia, I would love to have all of these things as well, but the problem is, is the rear yard setback line is right up against the back of your property. So I definitely think property's expensive and you could probably place patios and places of enjoyment in other areas of the property.  
Speaker 6     01:31:24    So I don't see it if this same size Patty or a larger patio would be put on the side of the property for you, don't just go out. I don't see the hardship of asking for this extreme variance when he could be relocated somewhere else, or it could be redesigned in a manner where it wouldn't encroaching to the, to the back backyard as far again, the previous app application that you brought up, you're, you're comparing apples with oranges because he said he threw 14 feet was the minimum, but that was taken in consideration that you had to maneuver a wheelchair around again, you're proposing 16 feet. I think my recommendation is, is that the stack should probably be more in conformance with the width of the, of the sunroom, which is 12 feet. You know, maybe, maybe there's a little bit of wiggle room there, but I, I don't think what would happen here is all of these properties are the same situation on Marine support.  
Speaker 6     01:32:23    So if we allow, basically ignore this rear yard setback, allowing sunroom allowed decks, basically what we're doing is expanding these building envelopes and ignoring what the setback requirements are for the zone. And that will then continue, I think, to snowball throughout the, throughout the development. Again, I think we can work with the applicant if they were willing to, to reduce the size of the deck twenty-five feet with is pretty substantial. I don't have so much an issue with the way it is. I do the encroachment into the setback. I think if they compare that back and, and, and limit the, the overhang to just post and the roof. And, and I think what we would need is to have on the record, that that the deck can never be enclosed or the roof area, really the entire deck roof area, or not, could not be enclosed without them coming back to the board.  
Speaker 4     01:33:24    And Mr. Chairman, I, since the applicant attempted to compare this application to the prior application, automate two points, number one, each application stands on its own merits, and can't be compared to other applications. The last application was looking for an eight foot rear yard setback hearings, this applications looking for almost twice now.  
Speaker 18    01:33:51    Thank you. And my apologies if I add the added that comparison and just to address a couple of points that Mr. Hun, you raised, we had looked at, I mean, the reason why we want outside is to have easy access for entertainment. And the deck is like right next to our kitchen area. So it makes it easier to access. And like, we looked at the patio part also, and like his parents, my parents, they visit from India and, and they stay with us for extended periods of time. So like the steps going up and down is a little difficult for them. And that's why having a level is Israeli important for this expansion. And just on the point of like, from a neighbors perspective with our neighbors on like the sides of our house on the side of our house, they have a similar, bigger decks than what we are proposing  
Speaker 4     01:35:07    That does not mean that those decks are permitted. It doesn't mean that they got the proper permits. It doesn't mean that they got variances. You can not compare your property to other properties.  
Speaker 19    01:35:22    So here's the thing. So the concern is that are like the, the officer that we have from the property line is, is encroaching in the limit proposed by the master plan. So, so what is the reasoning of, for this master plan, given that we have like 400 feet in the back, we've one won't be obstructing anything. And we are making, like, we will give this in writing that we will not be enclosing the structure ever that we will do. So, so just wanted to understand, like, if we are, if we are going closer to the property line, what are the, like, what are the negative impact of that thing or to the community and to the system as such like the, our neighborhood or whose property that is in the back,  
Speaker 4     01:36:08    The zoning board has no control over the master plan, the reasoning or the ordinances they merely enforced them. That question should be posed to the mayor and council. I see.  
Speaker 19    01:36:19    Okay. So,  
Speaker 18    01:36:24    And like Evan said, you know, we are, we can give in writing that, like the cover portion that we are adding that will never be enclosed with any permanent or temporary structure. And right now the baby plan, it does not even speed. And we don't mind to add screen  
Speaker 4     01:36:46    That's all well and good, but I believe that Mr. Hinterstein and he can correct me if I'm mistaken, but I believe he was suggesting that you need to downsize the, the depth of the deck.  
Speaker 6     01:37:01    Correct. That's my recommendation to the board.  
Speaker 18    01:37:06    He actually played around with like, adding, like the things that we are planning to work and with the access to the spheres, like this was the ideal size that came out to be that everything would be comfortably paced, providing a proper access. And at the same time, we wanted to be able to use it like that. The appropriate distance thing have comfortably 10 to 15  
Speaker 4     01:37:38    In order to receive a variance, you have to put certain legal proofs on the record. One of the proofs that is not included is that it's the ideal plan for you. And that's not something that the board can consider.  
Speaker 18    01:37:56    Okay. So,  
Speaker 19    01:37:59    So about talking to the mayor office about the reasoning behind this song, the offset and the master plan is, is there a procedure for that?  
Speaker 4     01:38:09    You can attend a council meeting virtually and ask those questions  
Speaker 18    01:38:16    And, and how do we produce a proof that this is the ideal plan?  
Speaker 4     01:38:23    I'm the board's attorney. I'm not your attorney. I encourage you to talk to an attorney to see how you could better prepare or offer proofs to justify you or application  
Speaker 3     01:38:36    The information I've heard this evening. You may want us not to proceed on a boat on this proposal. In fact, you may want to, as Mr. Kinneally has said, suggested CLN use lawyer and come up with a plan that would be more appropriate for the area. Because with bill, we don't often go against Mr. Hinterstein, he's our consultant. And we're very concerned about setting precedents. And I would recommend that you take this back and re-look at it.  
Speaker 4     01:39:15    What the board can do is adjourn this matter to a date, certain so that you do not need to re notice anyone. And I encourage you to talk to an attorney and an engineer and see if there's a revised plan that you can come up with so that when you return, it may be something more amenable to the ordinance requirements.  
Speaker 18    01:39:37    When you say a revised plan, you mean a reduced size of the deck.  
Speaker 4     01:39:42    We can't design your, your project for you, but you've heard the concerns of the board. And they clearly have to do mainly with the rear yard setback.  
Speaker 18    01:39:56    So what, so if we work like, so what would be the acceptable setback from the,  
Speaker 4     01:40:03    We cannot design your project for you. We will consider any revised plan that you submit to the board, But you've, you've heard the board tonight. They are not in favor of what you're currently proposing.  
Speaker 18    01:40:20    So if we work with, let's say, like, say for being by 25, the deck and withdrew, would that be acceptable to the board? And we can revise the device plan.  
Speaker 4     01:40:36    W we don't have that plan before us heard Mr. Hinterstein testimony, you know, what he would recommend in favor of. So I recommend that you come back with a revised plan.  
Speaker 19    01:40:48    Well, you could, when you could do is try to revise your plan, and  
Speaker 6     01:40:52    I'd be more than happy to, to look at it and give you my opinion. If you wanted to email it to me, you could do that through Laura. And I'll be more than happy to take a look at it and give you my feedback doesn't necessarily mean the board is going to be in agreement with me, but at least it'll get you perhaps on the right track. And then you can come back. And then, you know, another meeting with perhaps a revised plan that you can live with that at least in my opinion, would be more, you know, looked upon more favorably by the board. Ultimately it's the board's decision on the boat.  
Speaker 4     01:41:29    Okay. Thank you so much. Thank you so much for being patient. Okay. So you would like to adjourn this matter to a future date. Yes, please. Yes, please. Do you think one month will be enough? Yes. Yes. Okay. You understand that any revised plan will have to be in at least 12 days before the hearing? Yes. All right. So Laura, is it March 10th? Yes. Mr. Kinneally. So this matter is going to be adjourned until March 10th, 2022 with no further notice by the applicant. The only notice you're receiving is my announcement here tonight. I will see you in March for the meeting. I'll email it to you. Each one has its own code, so I'll email it to you. Okay. Thank you so much. Thank you. Thank you. Thank you.  
Speaker 3     01:42:26    Moving on to the next item on the agenda.  
Speaker 4     01:42:29    Last item on the agenda has been adjourned. We announced that at the beginning of the meetings, Chairman,  
Speaker 3     01:42:35    I'm sorry. I was skipping that I was going to adoption of resolution from the regular meeting of January 27th.  
Speaker 4     01:42:41    There were no resolutions. Okay.  
Speaker 3     01:42:44    Right. It was a very short meeting. I apologize as well. Adoption of the minutes of the regular meeting, January 27th, I got a motion. I'll make the motion. Get a second. All those in favor. Aye. Motion passes motion for a gentlemen. Thank you, bill. Bill is adopted. Thank you everyone.  
Speaker 4     01:43:21    Thank you everyone. Okay.