Transcript for Piscataway Zoning meeting on April 14 2022

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Apr 14 2022 · Zoning
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Meeting Sections
  • 00:00:08 — Meeting Opening and Roll Call
  • 00:01:20 — Agenda Adjustments and Postponements
  • 00:01:50 — Case 22-ZB-08V – Vincent Santiago (Pool & Deck Variance) 22-ZB-08V
  • 00:04:59 — Case 22-ZB-15V – Paul Pace (Whole House Generator) 22-ZB-15V
  • 00:07:32 — Case 22-ZB-17B – Michael Dudas (Front Porch Rebuild) 22-ZB-17B
  • 00:13:18 — Case 22-ZB-16B – Heather Bailey (Home Addition & Driveway) 22-ZB-16B
  • 00:16:27 — Item 11 – 2 Arlington Place (Single-Family House Variance) 22-ZB-11V
  • 00:20:02 — Adoption of Resolutions from March 24, 2022 22-ZB-1021-CV-79V22-ZB-59V
  • 00:21:02 — Approval of Minutes
  • 00:21:04 — Adjournment
Meeting Opening and Roll Call AI  00:00:08 – 00:01:20
Meeting called to order, adequate notice requirements read into record. Full board roll call taken: Mr. Weisman, Mr. Patel, Mr. Regio, Mr. Dacey, Mr. Haca, Mr. Mitterando, and Chairman Cahill present. Pledge of Allegiance recited.
Speaker 2Let me hit the buttons first.
Speaker 1Sure.
Speaker 2Okay. We're recording. It's all your share.
Speaker 1The zoning board of adjustment meeting will please come to order. Adequate notice of this meeting was provided in the following ways. Notice published in the carrier news notice posted on the Bolton board municipal building notice made available to the Township clerk notice sent to the Curry news in the star ledger. Will the clerk please call the roll.
Speaker 2Mr. Weisman. Excuse I, I see you, Steve. Unmute yourself. Mr. Patel.
Speaker 0Yes.
Speaker 2Mr. Regio. Yes, Mr. Dacey. Mr. HACA. Mr. Mitterando here and Chairman Cahill here. Steve
Speaker 1Weisman here.
Speaker 2I got,
Speaker 1Thanks Steve. Will everyone please stand for a salute to the flag
Speaker 3Pledge allegiance to the flag of the United States
Speaker 4And to the Republic for which it nation
Speaker 3Under God, invisible, invisible Liberty and justice for justice.
Speaker 0Thank you.
Agenda Adjustments and Postponements AI  00:01:20 – 00:01:50
Two agenda changes announced: (1) West Fourth Street application postponed to May 12th—applicant must provide new notice; (2) Aithal Marissa Court application withdrawn—applicant will need to file new application and serve fresh notice if proceeding.
Speaker 1Okay. Mr. Dacey. Are there any changes to the agenda?
Speaker 4Yes, there are. There are two changes. First application of, or west fourth street will be heard tonight. It will be heard on May 12th thousand 22. And the applicant must notice for that meeting. Next, the application of aithal Marissa court has been withdrawn. That will not be heard. If a application is filed, they will have to serve new.
Case 22-ZB-08V – Vincent Santiago (Pool & Deck Variance) 22-ZB-08V AI  00:01:50 – 00:04:59
Applicant seeking to install a pool while retaining existing non-conforming deck. Lot is undersized with existing variances. Engineer's April 7, 2022 report noted that if deck or detached garage require rebuilding, must be constructed in conforming location or applicant must return to board. Applicant acknowledged terms. No public comment. Motion to approve passed unanimously (5-0: Weisman, Patel, Regio, Mitterando, Cahill).
Speaker 1Okay. That being said, Lu, let's move on to item number 6 22, ZB dash eight V. Vincent Santiago
Speaker 4Is Mr. Sania present. Do you see him?
Speaker 2Yeah, they're on here. They
Speaker 5Sania are here.
Speaker 2Hello,
Speaker 4Mr. Sango. I need to in, could you raise? Yes. Swear the testimony. You're about to be the
Speaker 5Yes.
Speaker 4Mr. Sania.
Speaker 5Sorry. Could you repeat that?
Speaker 4Yeah. Do you swear the testimony you're about to give, to be the truth?
Speaker 5Yes, it is.
Speaker 4Okay. Could you explain, give us your name and address please.
Speaker 5It is 13 Buckman street, Skyway, New Jersey, 0 8, 8 54.
Speaker 4And this was Vincent San that I'm speaking to
Speaker 5That's correct.
Speaker 4Okay. Could you explain to the board what you're seeking here?
Speaker 5We're we're well, we're trying to get a pool installed and I guess our deck was wasn't enough code when we bought the house. So we're just trying to go through the proper steps to, you know, make this right.
Speaker 4So it appears you wanna retain the existing deck?
Speaker 5Yes, that's correct.
Speaker 4Okay. Mr. Chairman, there are a number of existing variances here because the lot is undersized
Speaker 0Mr.
Speaker 4Dacey. Have you seen Mr. Henderson? April 7th, 2022 report?
Speaker 5I don't think so.
Speaker 4Yeah. His note indicates that if either the or the detach garage need to be rebuilt in the future, they shall be constructed in a conforming location or you'll need to come back to the zoning board. Does that accept the,
Speaker 5Yeah, so sorry. I'm sorry. My wife took care of a lot of the paperwork and stuff. So you're saying if in the future, if we did plan on doing anything that would have to go, you know, go do proper steps again.
Speaker 4Yes.
Speaker 5Okay. Yep.
Speaker 4Or build it in a conforming location.
Speaker 5Okay. Yep.
Speaker 4That's all I have. Mr. Chairman.
Speaker 1Okay. Any other members of the board have any questions for this applicant hearing none. I'm gonna open it to the public. Anyone in the public portion have any questions about this application? Laura?
Speaker 2No. Sorry. Okay.
Speaker 1Close the public portion and I would make a motion to approve this application. Thank
Speaker 5On second.
Speaker 1Please. Call roll.
Speaker 2Mr. Weisman.
Speaker 1Yes.
Speaker 2What did I do here, Mr. Reio? Yes. Mr. Patel. Yes. Mr. Mitterando. Yes. And Chairman Cahill.
Speaker 1Yes.
Speaker 4Mr. Dacey. Your application has been approved. We realize this in a written document at our next meeting and mail a copy of that document to you. You'll need that to get your permits.
Speaker 5Awesome. Thank you guys much. Appreciate it. Good
Speaker 1Luck guys.
Speaker 5Thank you.
Case 22-ZB-15V – Paul Pace (Whole House Generator) 22-ZB-15V AI  00:04:59 – 00:07:32
Applicant seeking to install whole-house generator on property following 7-inch rainfall event. Generator location is within easement; applicant acknowledged responsibility for removal/relocation costs if Township needs access. Existing shed also in easement. Chairman advised applicant to run generator tests during daytime only, not at night/early morning. No public comment. Motion to approve passed unanimously (5-0: Weisman, Patel, Rio, Mitterando, Cahill).
Speaker 1Let's move on to I number 7 22, ZB 15 V. And that's Paul Pace. Mr.
Speaker 4Dacey. Are you present? I need to swear you in. Could you raise your right hand? Swear the testimony you're about give should be the truth.
Speaker 6I certainly do. Second avenue Piscataway.
Speaker 4Thank you. Could you explain to the, what you'd like to do here
Speaker 6You? So, so based on the, we had last year where we got seven inches, the water in one hour in Piscataway, let alone in Jersey. I wanted to put in a whole house, whole house generator on my property to ensure that the, the sun was always working
Speaker 4And the area where you plan to put this is in an easement. You understand that?
Speaker 6I do. Now. I did not understand that previously.
Speaker 4Okay. And if the Township ever needed to access that easement, you would be responsible for the cost of removing and relocating that generator. Are you aware of that?
Speaker 6Yes, I am. And there's also a shed in that Five years ago? Yes.
Speaker 4And, and you're in agreement with that?
Speaker 6I am certainly yes.
Speaker 4Mr. Chairman, that's all I have for Mr.
Speaker 1Dacey. Okay. Mr. Pace, you do know you need to run the generator periodically just to keep it up to date and functioning. We would ask that you just run those tests during the daytime and not at night or in the early hours of the morning.
Speaker 6Absolutely will do.
Speaker 1Okay. Great. Anyone else on the board of any questions for this application hearing none. I'm gonna open it to the public. Anybody in the public portion have any questions? Mr. Dacey
Speaker 4Or comments
Speaker 1Or comments? Yes. Sorry. Ms. Buckley.
Speaker 2There's no one Chairman.
Speaker 1Okay. Gonna close the public portion and I will to approve this application based on the testimony given this evening.
Speaker 6Super. Thank you. On a second.
Speaker 1Thank you. Please call a roll.
Speaker 2Mr. Weisman.
Speaker 1Yes.
Speaker 2Mr. Patel.
Speaker 7Yes.
Speaker 2Mr. Rio. Yes. Mr. Mitterando. Yes. And Chairman Cahill.
Speaker 1Yes.
Speaker 4Mr. Sango, your application's been approved with the you're gonna be responsible to remove the generator and shed if necessary. We will. Alize this in a written document at our next meeting and mail a copy to you.
Speaker 6Great. Thank you.
Case 22-ZB-17B – Michael Dudas (Front Porch Rebuild) 22-ZB-17B AI  00:07:32 – 00:13:18
Applicant seeking to rebuild front porch with 3-foot landing for safety/accessibility. Engineer's report recommended building to side to address site impact concerns. Applicant noted nine similar masonry porches with landings on same block and questioned impact rationale. Chairman indicated board relies heavily on engineer's expert opinion; applicant would likely not receive favorable vote without engineer present (Mr. Hinterstein on vacation). Motion made to postpone and allow board members site visit to inspect comparable homes and coordinate with engineer. Case carried to April 28th with no further notice required.
Speaker 1Good luck. Have good. Let's on item 9 22 17 B Michael.
Speaker 7Yes, I'm here.
Speaker 4Mr. Dudas. 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 7I do
Speaker 4Your name and address please.
Speaker 7Michael Dudas, 20 church street.
Speaker 4Could you explain to the board what you'd like to do here?
Speaker 7I'd like to rebuild my front porch to include a land at three foot landing from the house for, for mainly for the reason of safety for my wife and I to get up and down the stairs and have a landing. When we opened the door.
Speaker 4Did you see the report of Mr. Henderson? April 7th?
Speaker 7Yes, I did.
Speaker 4Could you address those comments that he raised
Speaker 7First? First of all, there's nine other houses on my block that have masonary front porches with landings. I don't think it would exacerbate anything by, by rebuilding my ports with the landing on,
Speaker 4Could you address the comment raised in paragraph two
Speaker 7About building it to the side? Yes. That that would be easier to accomplish. If my driveway was on the same level as, as my front lawn and, and the elevation of the front porch existing there there's about a foot drop from the yard to my driveway. So that would encompass another set of steps to get down from the level of the, now to the driveway.
Speaker 4Mr. Chairman, those are all the comments that I have with regard to Mr. Henderson's report.
Speaker 1Yeah, Mr. Dacey. I must tell you that we put a lot of weight in these site impact reports that we get from our engineer ING department. These are the experts that went to school and, and have degrees for this type of decision. I, I would ask maybe right now, Mr. Hinterstein I believe is on vacation. That is the reason why he's not here this evening. We normally, I'm not even gonna say normally we never ever site against the site impact because of the ramifications. It might have long term, whether it's the neighbors, the neighbors, seeing that a precedent is set and they go to switch it or something else might arise down the road. What I would suggest is that we put this off before we vote. Cause I don't think the vote tonight would go in your favor. I would ask for another opportunity to speak to you.
Speaker 1And if we could speak to Mr Hinterstein and come up with another solution, but based on his side impact and the facts that he's put forth here, the, the board I believe is prepared to move forward and I don't think it would be in your best interest. So my, my, my opinion is is that you should put this off. We could put this for sometime in may. I don't know. Laura has the schedule in front of her. See if we can't sit down with Mr Hinterstein and come to some common ground where, you know, it'll be to your benefit. And also to the Township.
Speaker 7What I don't understand is that there's nine other houses on the street with, with landings and front boards is similar to what I want to do to mine. And, and, and that's, that's the part, I don't understand that. How could it have an impact with, with nine other?
Speaker 1The interpretation I got from Mr. Hinterstein is that all, all your steps are, are the same. And that if you were to change yours to the way you want to have it designed that they have the opportunity to do the same thing. And that wouldn't be good for the neighborhood,
Speaker 7But that's not the case, sir.
Speaker 1Okay. And you know what, without Mr. Hinterstein here, I don't feel comfortable making that assumption. That's why I'm asking if we could put this off, have Mr. Hinterstein address the issue. It would also for the, the opportunity for some of the members of the board to go out to your location and look at the nine homes.
Speaker 7Okay.
Speaker 1Something that we could do. So I,
Speaker 7Well, I certainly, I certainly wanna do it the best way and move forward with my project. So that would be fine with me.
Speaker 1Okay. And I would ask the board members to get an opportunity to get out there, take a look at, at Mr. Dacey property and the surrounding homes that are similar in design. How should I proceed with this, Jim?
Speaker 4Laura, is there a room on the May 12th agenda?
Speaker 2No, actually we have a meeting on April 28th. It's it's so minor. I can't see him waiting another month. So we'll put 'em on April 28th.
Speaker 1Is that okay?
Speaker 4Mr. Mr. Dacey is April 28th. Acceptable.
Speaker 7Yeah, that'd be fine. Thank you.
Speaker 2Yeah. And you don't have to re
Speaker 4Anyone here on the Judis application. 23rd street. It's going to be carried to April 28th with no further notice by the applicant. The only notice you're receiving is my announcement here tonight.
Speaker 7Okay. Thank you very much.
Speaker 1Thank you, sir. We'll talk.
Speaker 4See you in two weeks.
Speaker 7All right. Thank you, sir.
Case 22-ZB-16B – Heather Bailey (Home Addition & Driveway) 22-ZB-16B AI  00:13:18 – 00:16:27
Applicants seeking to add side addition to existing home with porch extension to provide driveway access. Received engineer's 2022 site impact report but unable to discuss concerns with engineer prior to hearing. Chairman noted same approach as prior case (Dudas)—board relies on expert recommendations. Motion made to postpone to April 28th for applicants to coordinate with engineer (Mr. Hinterstein) on possible compromise solutions. Case carried with no further notice required; new Zoom link to be emailed.
Speaker 1Have a good evening. Let's move on to item number 10 22 16 B Heather Bailey.
Speaker 4Ms. Bailey present.
Speaker 8Yes. Up.
Speaker 4Are you both gonna be testifying tonight?
Speaker 8Yes.
Speaker 4Okay. Could you raise your right hand? Swear the testimony you're be
Speaker 8Yes. Yes.
Speaker 4One at a, you can put your hands down, give your and address please.
Speaker 8Heatherwood avenue
Speaker 9Robertwood avenue.
Speaker 4You could, one of you explain to the, what you'd like to do.
Speaker 8Well, we're, we're looking to have an side of our existing home to continue the conformity that it already has as well as have the porch go with it. So we can have access to the door from the driveway that we need to create in the driveway that exists.
Speaker 4Did you have an opportunity to Mr. Henderson's 2022 report?
Speaker 8We did get it. We had some questions, unfortunately, we weren't able to speak to him about it. So we were told that we'd be able to speak with you and work things out
Speaker 4As you heard in the last application. Yes. Mr. Henderson may, may it that difficult,
Speaker 8Right?
Speaker 4Mr. Chairman,
Speaker 1I suggest that we go in the same way that we did with Mr. Dodi, which was the prior application. If we can meet on common ground for what Henry has issues with, with the application, without him being here for us to ask or to come to some type of compromise. I, like I said, we put a lot of weight into these site impacts. We are, we are a board that relies heavily on our experts and we make most of our decisions if not 99.9% of them based on the recommendations of our planner, engineers and whatnot. So is there more room on the 28th there, Laura for another one?
Speaker 2Yes. Yes. Okay. It's gonna be a long night anyway, so I'll go lot. So
Speaker 1We're fine.
Speaker 8Thank you. Thank you.
Speaker 1That's fine. That's fine. Okay. Are you available
Speaker 4On April 28th,
Speaker 8The Thursday again? Yes. We'll be available. Make it. So we're available and
Speaker 4I encourage you ahead of time to contact Mr. Hinterstein once he returns from vacation. Yes. And discuss this with him to see if some of these issues can be resolved.
Speaker 8Yes.
Speaker 4Bailey application avenue. It's gonna be carried to April 28th with no further notice by the applicant. The, the only announcement you're receiving is my announcement here tonight will be no further notice.
Speaker 8Right. And it'll be the same time and same zoom.
Speaker 2I'll email you the new zoom information. Oh, okay. Yeah. Everyone has its own password and code, so y'all email it to you.
Speaker 8Okay.
Item 11 – 2 Arlington Place (Single-Family House Variance) 22-ZB-11V AI  00:16:27 – 00:20:02
Applicant seeking variance to construct new single-family house on lot with 63.5-foot front footage (code requires 100 feet); existing house demolished. Engineer's report required: sidewalk installation, tree preservation (or replacement with two shade trees if removal necessary), utility coordination (gas line extension from property line, sewer service), and curb/driveway details. Applicant acknowledged all conditions and agreed to coordinate with PSEG and comply with sidewalk/curb requirements. No public comment. Motion to approve passed unanimously with conditions that applicant satisfy engineer's requirements.
Speaker 1All right. Good luck guys. We'll see you. No problem. Let's move on to item number 1122.
Speaker 4Is the applicant here?
Speaker 10Yes. I'm here.
Speaker 4I need to swear you in. Could you raise your right hand? You swear the testimony. You're be your name and address please.
Speaker 1083 international avenue.
Speaker 4Thank you. Could you explain to the, what you would like to do here?
Speaker 10Basically, I won the property at number two Arlington place and the front of the lot is 63 and half feet. But you know, like I would like to build a house which is not conforming, requires a hundred foot front for that. So I'm seeking a relief to allow me to build a house. Like we re like we demolished the existing house, so we just wanted to replace the house there. So
Speaker 4Are there houses on either side of this?
Speaker 10Yes.
Speaker 4Did you have opportunity to see Mr. He's six?
Speaker 10Yes. I just to
Speaker 4Those items?
Speaker 10Yes. I don't think like number one, three. I don't think I like sidewalk. Yes. Number two, like the trees I'll take my, make my best to maintain the tree because I don't want to kill a large tree, which is giving a shade and other things. Like, I don't want ruin the location, look of the, you know, like a property, unless it's absolutely required obviously.
Speaker 4And if, if it is absolutely required, you'll have to put in two shade trees.
Speaker 10Correct. Right. Yes. I, I do. I do understand that. And existing, like, you know, a water sewer, like, you know, I existing I'm going use and the gas, I don't think that is aligning the property. So I'll make a proper, you know, like a requirement to the PSE G and get the gas line in, into the property and like, you know, make sure that the carbon other sidewalk up, like, you know, there is no sidewalk right now. So I do need, I understand that I need to put the sidewalk there. So I'll make sure that everything is,
Speaker 4And during the construction there's any broken or damaged curving you'll replace that.
Speaker 10Yes. I will replace that.
Speaker 4Kinneally have a driveway pavement detail to the plan.
Speaker 10Yes. It should be part of the engineering plan. Like when I submit to the Township though, like, you know, for a building.
Speaker 4Thank you, Mr. Chairman. Those are the issues that MRD.
Speaker 1Okay. Any other members of the board have any questions for this application? Hearing none. I'm gonna open it to the public. Anyone in the public portion of any comments or questions about this application?
Speaker 2No one Chairman.
Speaker 1Okay. Hearing none. I'm gonna close this to the public portion. I'd make a motion to approve this application.
Speaker 11A second.
Speaker 1Call
Speaker 2Mr. Weisman. Yes. Mr. Patel.
Speaker 11Yes.
Speaker 2Mr. Reio.
Speaker 1Yes.
Speaker 2Mr. Mitterando.
Speaker 10Yes.
Speaker 2And Chairman kale. Yes.
Speaker 4Your application's been approved with the condition that you satisfy. Mr. Henderson's requirements. We will mail a copy of the resolution to you adopt in two weeks at our next meeting.
Speaker 1Sure.
Speaker 10Thank you very much.
Speaker 1I appreciate it. Good luck, sir. Good
Speaker 10Luck. Thank you. Thank you.
Adoption of Resolutions from March 24, 2022 22-ZB-1021-CV-79V22-ZB-59V AI  00:20:02 – 00:21:02
Board adopted three resolutions from previous meeting: (1) Gladys case 22-ZB-10; (2) Sean Fitzgerald nonconforming use 21-CV-79V; (3) Murray preliminary and final subdivision 22-ZB-59V. All approved unanimously (5-0).
Speaker 1Looking right along item number 12, the adoption of the resolutions from the regular meeting of March 24th, 2022.
Speaker 4First resolution is Gladys 2210 on application. You moved to approve Mr. Weisman.
Speaker 1Yes.
Speaker 4Patel.
Speaker 11Yes.
Speaker 4Mr. Dacey.
Speaker 1Yes.
Speaker 4Mr. Mitterando.
Speaker 1Yes.
Speaker 4Chairman Cahill.
Speaker 1Yes.
Speaker 4Next is Sean Fitzgeral. This was a nonconforming use application 21 CV 79 V. Which you voted to approve Mr. Weisman. Yes. Mr. Patel?
Speaker 11Yes.
Speaker 4O'Reggio
Speaker 1Yes.
Speaker 4Mitterando
Speaker 10Yes.
Speaker 4Chairman Cahill.
Speaker 1Yes.
Speaker 4Last was the preliminary and finals for Murray, which you voted to approve. That is 22 ZB five, nine V. Mr. Weisman. Yes. Patel.
Speaker 1Yes.
Speaker 4Mr. Dacey. Yes. Mr. Mitterando.
Speaker 1Yes, Mayor. Yes.
Approval of Minutes AI  00:21:02 – 00:21:04
Minutes from regular meeting of March 24, 2022 approved unanimously.
Speaker 4Those are all the resolutions I have.
Adjournment AI  00:21:04 – 00:21:09
Motion to adjourn approved unanimously. Chairman thanked attendees and announced next meeting in two weeks.
Speaker 1Thank you. Mr. Dacey. I have number 13 of the minutes from the regular meeting of March 24th, 2022. All in favors. Aye. Aye. All opposed. Okay. And number 14, I entertain a motion for adjourn all in favor. Aye. Aye. Aye, everyone. Once again. Thank you for coming out and we'll see you in a couple of weeks. Stay, you have a.