Transcript for Piscataway Zoning meeting on June 9 2022

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Jun 9 2022 · Zoning
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Meeting Sections
  • 00:00:07 — Pre-Meeting Discussion
  • 00:02:35 — Meeting Opening, Roll Call, and Pledge of Allegiance
  • 00:03:38 — Agenda Adjustments and Postponements
  • 00:04:08 — Case Hearing: 22-ZB-33, Paul Cahn — Addition and Deck Variance 22-ZB-33
  • 00:21:00 — Case Hearing: 22-ZB-02, Paul Walton — Fence Replacement Variance 22-ZB-02
  • 00:24:10 — Adoption of Resolutions
  • 00:25:15 — Approval of Minutes and Adjournment
Pre-Meeting Discussion AI  00:00:07 – 00:02:26
Informal conversation before the formal meeting begins, including discussion of property/driveway setback regulations and personal matters.
Speaker 1Hello everybody.
Speaker 2Hey bill.
Speaker 1A quick question. Neighbor of mine has asked me that their neighbor is putting a paved driveway in and they're going right to the property line. Can they go right to the property line with the
Speaker 3Driveway? Yes, they can.
Speaker 1That's what I thought. Okay. I'll let 'em
Speaker 3Know if they're in the Township right away with the apron. They need a road opening permit, but if they're on their property, yeah. As long as they're on their property, they're not winding the apron. They can go right to the property line.
Speaker 1Super good. Yep.
Speaker 0Okay.
Speaker 3Well, here is running late and already is running late, but we have six, so we're okay.
Speaker 2Which much time left. Okay.
Speaker 3So I gotta see almost two whole songs, Sean.
Speaker 2I was gonna say how'd you do to do
Speaker 3Good. She was still up there singing. I snuck out the principal told me I could sneak out the back door. I've been going there long enough. Wow. Yeah. So at least I saw the whole band.
Speaker 2Okay.
Speaker 3Yeah. And I got, see your two songs and my husband record the rest. So it was good. Thank you.
Speaker 2Let's see if we can't remedy that situation.
Speaker 3Yeah. Appreciate it. Doesn't happen often, but backup's not a bad thing. Emergency
Speaker 2Or moments like that. You can't, you know, you can't go back and get though. You know what I mean?
Speaker 3I know. I knows the fourth one. Trust me. Yeah. She's the last one
Speaker 2Finally though. That's good.
Speaker 3Hmm.
Speaker 2The last one.
Speaker 3Oh, she is the last one.
Speaker 2Yeah. Good.
Speaker 3The grandbaby just turned four. We like him. He's cute. He's not mine. He's cheaper. All right. Almost there.
Speaker 2Coffee.
Speaker 3Have some wine. Need to call home and have some wine. Oh, I didn't say that.
Speaker 2We're recording.
Speaker 3Oh, that's right. I'm not, but the TV I'm I'm definitely over 21. Okay. Now we are recording. You're up Chairman.
Meeting Opening, Roll Call, and Pledge of Allegiance AI  00:02:35 – 00:03:38
Chairman calls the Piscataway Zoning Board of Adjustment meeting to order. Adequate notice of meeting documented. Clerk conducts roll call; all seven board members present. Pledge of Allegiance recited.
Speaker 2We're up? Okay. Sony board of adjustment meeting will please come to order. Adequate notice of this meeting was provided in the following ways. Notice published in the Curry news notice posted on the bulletin board of the municipal building notice made available to the Township clerk and notice sent to the Curry news in the star. Ledger. Will the clerk please call the role
Speaker 3Mr. Weisman
Speaker 2Here.
Speaker 3Mr. Tillery
Speaker 1Here.
Speaker 3Mr. Patel.
Speaker 2Here.
Speaker 3MRIO
Speaker 2Here.
Speaker 3Mr. Dacey. Oh, Mr. Hey, DACA
Speaker 2Here
Speaker 3Made it. Mr. Mitterando here. Mr. El
Speaker 4Here.
Speaker 3Oh, he made it. Everybody made it. Chairman
Speaker 2Here. Will everyone please stand for the salute to the flag
Speaker 4Alleg to the,
Agenda Adjustments and Postponements AI  00:03:38 – 00:04:08
Two case adjustments announced: Ring Patel application adjourned until June 22, 2022; VJ Sing Hall application postponed until July 14, 2022 with no further notice required from applicant.
Speaker 2Thank you, Mr. Cahill, are there any changes to tonight's agenda?
Speaker 4Yes. There are two changes to tonight's agenda. The application of ring Patel is adjourned until June 22. And for that adjournment, the second Ajon tonight is VJ sing hall. That is postponed until July 14th, 2022 with no further notice required by the applicant since they noticed for the meeting. Those are all the changes I have.
Case Hearing: 22-ZB-33, Paul Cahn — Addition and Deck Variance 22-ZB-33 AI  00:04:08 – 00:21:00
Applicant Paul Cahn seeks variance to add 12×20 addition and 10×10 deck on corner property. Board raises concerns about front yard setback violations due to deck placement along property line. After extensive discussion regarding access, existing deck, neighbor privacy, and site constraints, applicant agrees to reduce deck to 5 feet wide instead of 10 feet. Board also requires fence relocation 10 feet back from Pole Place property line. Public hearing held with no public comments. Motion approved unanimously (7–0).
Speaker 2Thank you, sir. Let's proceed. Let's go down to item number 5 22 dash ZB dash 33. Paul Cahn,
Speaker 4Mr. Cahn, are you present?
Speaker 6Yes, I'm present,
Speaker 4Sir. I need to swear you in. Could you raise your right?
Speaker 6Right.
Speaker 4That's you swear the testimony you give should be the truth.
Speaker 6Yes. I
Speaker 4Your and address please.
Speaker 6Paul Cahn, 1 46 Murray avenue scout.
Speaker 4Could you explain it to the board, what you'd like to do here and whether or not you've changed your application in any way,
Speaker 6The application has not changed from what was originally put in. And what we would like to do is we wanna put a small edition on the back of our house, 12 by 20, and then off to the side of that edition on the, the side, we would like to put a, a small 10 by 10 deck.
Speaker 4Mr. Chairman, perhaps you could have address his comments.
Speaker 2Would you please go over the,
Speaker 5I mean the revised revised plan was submitted to the, to the board. It is in a survey, but it, it pretty accurately shows I think the existing conditions on the property. So sort of that is acceptable. The issue really becomes here is that the proposal for the deck in the front yard along pole place is creates a severe front yard setback. Again, this is a corner property, but again, there is room to the rear of the proposed edition. So I just, you know, I just don't see the reasoning. There's already an existing 19 by 11 deck. That's staying to the rear of the property. That is gonna be alongside the, the addition. I wouldn't be opposed to a small landing somewhere in a three to four foot range coming out of a door that may be proposed on that side of the property. That would take you from that, that doorway to the rear of the property.
Speaker 5But I, I can't see a full 10 foot deck in that front yard area when there's, you know, room to the, to the rear of the property, as well as the existing deck that already exists to the rear of that property. And then the only other comment was is that the fence along pole place is in a non again, it's in a, in a front yard setback. We typically do not allow fences to be solid fences, to be put almost right up to the property line. So I think the recommendation is that the fence won't pull place should be relocated. So that it's 10 feet back from the property line on this frontage. So approximately one, one section of fence would have to be removed from the rear and the front and the, the, the fence would be moved back 10 feet from the pole place right away.
Speaker 6The, as far as the fence goes, obviously if you say move it, we're gonna move it. But there is a stand of trees alongside that fence. And it's kind of a catchall, everything that posts through the neighborhood that is a side street. I know you say it's the front of the house, but it's actually the side. And what happens is all the garbage winds up in those trees. And there's a big pole in there with electric on it and stuff we'll move it. It was just when, when it went in, it was made the most sense to put it right there. There's other tree of things as well. But, but the main issue with the new deck that we would like to build is presently. We have the deck on the back of the house where the addition will now sit. I mean, the larger deck on the back of the house, the house is on two levels, about three feet difference between the two of them from an addition that was put on many years ago, not by me.
Speaker 6And so there's no access to that side deck. That's gonna remain from the floor, the level of the floor, where the kitchen is gonna be. The addition is part of the kitchen. So there's no way to get out to there. You'd have to walk all the way through the house and the issue with putting the deck on the back. That is where the deck is now. Our house was one of the first houses in the neighborhood. And for whatever reason, it's very high. It's much higher than the other houses it's built on. The, the ground has been raised and it's up higher. And the house directly behind us that backs onto us is a slab. And my neighbors who are friendly with we're okay with them, we've got no problems with them. They spend a lot of time in their yard and where they spend all their time is in, in between our house and their house on the side of their yard.
Speaker 6So what unfortunately happens is we kind of loom over them with the deck. I mean, we're, you know, 40 feet away, but we're up above 'em. So everything, we're just kind of looking at each other all the time. It annoys my wife more than annoys me, but, but, you know, I'm pretty sure that my neighbors would prefer that the deck went on the side and we, it certainly would work better because we would then have access out. But those are really the two reasons we want to. We privacy for starters, there's nothing on that side of my place, just the side of my neighbor's house, which is quite a distance away on the other side of the road. Whereas on the back of the house where the deck is now, where the addition's gonna go, we're getting closer and closer. We'll be even closer to them.
Speaker 6You know, we probably wouldn't do a deck if that was where it was gonna go again for everybody's, it'd probably be better for all the, the reason we want the small deck on the side is essentially for a grill. We could maybe take the size down a little bit. We grill 90% of what we eat. So access to that deck and to that grill is important. We don't need a large deck out there. We probably wouldn't spend much time aside from grilling and letting the dog out, but that's really the reason for it all. And also we've lived in this house for 25 years with the kitchen, the way it is, which is the way it would be. If the door moved just directly backwards, it's kind of, as you're proposing with the deck on the rear of the house, and it doesn't work with the way we would like the inside of the kitchen too. So from our point of view, from the inside, works better on the side. And we think that from the outside, it works better on the side because it would be more privacy for the neighbors and for us for that male. But that was the reason for it. It's quite simply there.
Speaker 2Mr. Cutter, did you entertain the thought of putting any type of landscape or, or foliage between you and your backyard, neighbors to keep your backyard a little more private?
Speaker 6I hadn't as of recently, but no, no. To be honest with
Speaker 2You, if that, if that's a major concern, that's what a lot of residents in town will, will opt for is our, our varies or some other type of landscape to give you the privacy. You, you desire from your neighbor's property,
Speaker 6To be honest with you, it's more for their privacy than ours because, you know, we are sort of overlooking down, you know, but
Speaker 2I, I, I can appreciate that and I can appreciate your concern for your neighbor, but we're here with your application that we're trying to try and rectify. So we're just trying to come up with some type of compromise that we can work within what you are desiring and what the Township can actually allow.
Speaker 6Would it be something that we could maybe make the deck a little smaller? You know, I'm, I'm willing to do what we have to do. I don't think moving it to the back is gonna happen because that would really put us on top of the neighbors. So I'm not really sure I'm gonna go with what you guys say. We're do
Speaker 4Henry, can I ask a question, Henry? What about a landing leading down to a small patio?
Speaker 5Yeah, I that's what my thought was is, you know, why not do a patio, you know, do a landing, you know, four foot wide landing that you come outside. The, the addition, which I believe is the kitchen. And, you know, it may be, it could be a little bit longer if it's four feet, but it could be sort of reached towards the back and then go down to a patio. It doesn't necessarily have to be a deck, but you know, it may be large enough for the grill to be up on the landing. So that it's little bit closer proximity to the kitchen, but, you know, I think something of that nature would be okay. But again, it would be more of a landing. It maybe just wraps around the back enough where they could put a grill on it. And then, you know, perhaps it steps down to a patio.
Speaker 5I'm not saying that, you know, they, they still do have a deck on the other side. I understand it's at a different level, but there's stairs that go down and maybe that patio can be sort of a connector between the deck that's existing. Now it maybe goes down to that patio and then it goes back up on the other side to that sort of smaller landing deck ish type of structure, where you could keep, you know, your grill on there. But again, the issue is how far out to the road, you know, and to pull place a property line, you know, again, I could see four feet, you know, I may have get, you know, crucified. I, I, you know, whether it was five feet perhaps, but I, I really think the four foot would be the, the number that's much more manageable on the pole place side.
Speaker 5Again, it could go along the addition and then it could be almost, you know, once it's to the rear of the addition, it could be, it could be another small area back there as well, where you'd be able to perhaps put the, the grill if it didn't fit on the, on the side. But, you know, I mean, four feet probably make it so that you could fit a grill somewhere on that, on that landing area, or if not around the, the back of the, the addition or on the patio in, in very close proximity to the kitchen.
Speaker 6Well, the, the issue with the patio would be the, like I said, we're kind of high off the ground to begin with. So there'd be quite a few steps and to make the patio straight, there's quite a dropoff that goes down towards, oh, so we'd wind up with a retaining wall almost in front of the gate, cause you'd probably lose another couple of feet, two or three feet there. The patio wouldn't really work for us. Really. This is the best we could come up with the platform around the back again would put us sort of very close to the neighbors and it would, it wouldn't look good with the, I I'm, I'm a contractor, you know, it's, I can sort of see how things would look. It wouldn't really work with what we want to do, but we have to work within what you guys say. So we're
Speaker 5Gonna have Mr. Mr. I understand you're, you know, certain things may not work with what you're looking to accomplish for your sake, but again, there's ordinances in place here. And you're asking for variances from those ordinances and to just say, it doesn't work for you, you know what? It doesn't work for the town either, unfortunately, though, as well. That's why you're here for variance. So we're trying to compromise and I just don't see, you know, that full deck being able to be placed in that, in that, that particular front yard location. I know it's your side, but it is a front yard. It's a corner property. It's considered a front yard. So
Speaker 6I don't, I probably doesn't make any difference at all, but it's also the neighbor across the street is the side of their house too. So it's looking at their garage. It's not like they're gonna be looking across at us if that they don't think that makes any
Speaker 5Difference. I totally get that. And, and again, we're not opposed to having the small structure there, landing, you know, you know, perhaps something, half the size of what you're proposing. Again, you, the requirement is you need to show a hardship and you just wanted in that location, you know, I don't think makes it a hardship when you have, you know, other areas in the property that are in conforming locations. I understand that, you know, you, you talk about your neighbors and privacy and these other things, but, you know, as Mr Cahill had mentioned, you could always do landscaping for privacy. There's there's other reasons or other solutions to, to perhaps the, your, your, some of the concerns that you have. So again, I'm willing to look at this as, as, you know, being able to be compromised to some degree, but I can't see a 10 by 10 deck being placed in that front yard when there's already an existing deck in the back and that other location, which seems like a good location. And when there's room also to put it to the rear of the property,
Speaker 6What would you say to five by 10?
Speaker 5Yeah, I don't think I would have too much. I, I personally wouldn't have a big issue with the five by 10. I think four was really the number, but, you know, I think five is still a, an adequate compromise that would allow for perhaps you to place a grill out there and, and still make it somewhat functional.
Speaker 6I mean, I, I would be fine with five, you know? Okay. I understand what's going on, you know, I get it, but, you know, but as you said, you know, it's not a hardship that this is the way we want it. I get that. But also you have to live here and you have to deal with it for, so we don't want to just put the deck on the back of the house and then regret it for the next, you know, however long
Speaker 2We, we understand that. Well, we do. Yeah. But again, you've gotta understand that we've got issues that we have to deal with as well, collectively as a community. And these ordinances are in place to make sure that all the residents are treated equally. And, you know, like Henry said, it's not really a hardship situation. You already have a deck. A lot of residents have who don't have property big enough where they can have a deck. So if you're willing to go to five, or if Henry's willing to recommend that we could go to five instead of a four foot landing, I, I would, I would take this to, well, I'll open it to the public to see if anybody has any questions, but we, we probably lean towards this very favorably. Is that, is that something you could accommodate? Mr. Cut? Yeah. Okay. Does anybody on the board have any questions for Mr. Cahn or any comments about this application hearing? None. I'm gonna open it to the public. Anyone before
Speaker 4You go to the public, I just wanna clarify with Mr. Hinterstein. If the board is gonna consider a five foot deck, I just wanna make sure that we understand that that would be a 19.7 foot front yard,
Speaker 214.7.
Speaker 4You have a
Speaker 219, so 19,
Speaker 4Yes. 19.7. Correct?
Speaker 2Anybody else have any questions hearing none. I'm gonna open it to the public. Anyone in the public have any questions or comments about this application? Ms. Buckley?
Speaker 3No one Chairman.
Speaker 2Okay. We're gonna close the public portion and I'm gonna make a motion to approve this application with the comments that Henry made and the agreement with the applicant to, to compromise. And I got a second. Okay. Please call the roll floor.
Speaker 3Mr. Weisman.
Speaker 4Yes.
Speaker 3Mr. Tillery? Yes. Mr. Patel? Yes. MRIO. Yes. Mr. Hidaka. Yes. Mr. Mitterando. Yes. And Chairman Cahill.
Speaker 2Yes.
Speaker 4Mr. Coro, your, your application as amended has been approved, we'll memorialize it in a written document at our next meeting. And we'll send that document to you. You'll need to get that for your permits.
Speaker 6Do I have to reapply for the permit package or that just stays where it is. And then I just send this letter in on top of that.
Speaker 3Once you get your resolution, you'll have to resubmit for your permit, and then you give it to the building department. They'll put it in your folder and then they'll reopen the folder back up permits.
Speaker 4All
Speaker 3Right. You could email me if you have any questions.
Speaker 4Am I done here? You're all done. We're done.
Case Hearing: 22-ZB-02, Paul Walton — Fence Replacement Variance 22-ZB-02 AI  00:21:00 – 00:23:58
Applicant Paul Walton seeks variance to replace existing fence on property where fence has been in place for 16 years. Application involves preexisting conditions; proposed fence returns to same location as original fence, requiring only minor variance (less than 2 feet over front yard setback). Planner notes no issues with replacement. Public hearing held with no public comments. Motion approved unanimously (7–0).
Speaker 2Have a great sir. Thank you for the compromise. Okay. Let's move on down to item number 7 22, CB two. Carl,
Speaker 4Mr. Walton, are you present tonight?
Speaker 7Yes, I,
Speaker 4Mr. I, I need to swear you in. Could you raise your swear? The testimony you're about to give, be the,
Speaker 7Yes.
Speaker 4Your and please put your name down.
Speaker 7My name and address.
Speaker 2Yes, please. Yes, sir.
Speaker 7Paul Wal 18, 12 west seventh street, Piscataway New Jersey.
Speaker 4Thank you, Mr. Walton, could you explain to the board what you would like to do here?
Speaker 7I would like to replace an existing fence around my property. I've been here 16 years. Everything has been, as it was until I tried to replace the fence. Then I realized that there were some issues that I couldn't.
Speaker 4Mr. Chairman, you should probably ask Mr. Henderson if he has any comments.
Speaker 2Yes. Henry, could you please comment about your site impact?
Speaker 5Yeah, basically this is for an application where most of these variances that are being requested are for preexisting conditions. Really? The only thing that's not a preexisting wall, even the fence that's there now is in the same location that the proposed fence is going in. So although it's a new variance, cuz it's the replacement of the, of the fence. It's going back into the same location where it was previously located. I believe the variance request is for less than two feet. So the variance is the mini my nature, in my opinion. And I don't see any issues with the, with the application. I think you could look at it favorably based on the fact that the fence is existing fence is there and that location. And it's only a foot two over the front yard setback.
Speaker 2Thank you, Mr. Hinterstein. Any other members of the board have any questions for this application or this applicant hearing none. I'm gonna open it to the public. Anyone in the public portion have any questions or comments about this application?
Speaker 3No one Chairman.
Speaker 2Okay. Could have closed the public portion. I'm gonna make a motion to approve this application. Thank you, Paul roll.
Speaker 3Mr. Weisman.
Speaker 2Yes.
Speaker 3Mr. Tillery. Yes. Mr. Patel?
Speaker 2Yes.
Speaker 3MRIO. Yes MRCA. Yes. Mr. Mitterando. Yes. And Chairman Cahill.
Speaker 2Yes.
Speaker 4Mr. Walton, your application 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 will mail that document to you and you'll need that to get your permits.
Speaker 2Great. Okay. Look, Mr. Walton have a great summer. Okay. Thank you. Let's move on down to item number nine. Adoption of resolutions from the regular meeting of May 26th, 2022.
Adoption of Resolutions AI  00:24:10 – 00:25:13
Three resolutions from the regular meeting of May 26, 2022 voted on and adopted: (1) Mr. Patel application approval; (2) Mr. Tillery application approval; (3) Raj Goomer application approval. All resolutions passed unanimously.
Speaker 4First resolution is this application was approved. Yes. Patel.
Speaker 2Couldn't
Speaker 3Hear can't hear you, Jim.
Speaker 4Mr. Patel.
Speaker 3Kalpesh
Speaker 2Yes.
Speaker 4Mr. O'Reggio. Yes. Mr. Mitterando. Yes. Mr. Ali. Yes. Jeremy Cahill.
Speaker 2Yes.
Speaker 4Second, second resolution is this application was approved Mr. Tillery? Yes. Mr. Patel?
Speaker 2Yes.
Speaker 4MRIO. Yes. Mr. Mitterando.
Speaker 2Yes.
Speaker 4Mr. Dacey. Yes. Chairman Cahill.
Speaker 2Yes.
Speaker 4Third resolution Raj Goomer. This application was approved. Mr. Tillery? Yes. Mr. Patel?
Speaker 2Yes.
Speaker 4Mr. O'Reggio. Yes. Mr. Mitterando.
Speaker 2Yes.
Speaker 4Mr. Ali. Yes. Chairman kale.
Speaker 2Yes.
Speaker 4Those are all the resolutions I have.
Approval of Minutes and Adjournment AI  00:25:15 – 00:26:40
Minutes from regular meeting of May 26, 2022 approved unanimously (all in favor). Motion to adjourn passed with all in favor. Chairman thanks attendees and makes closing remarks. Person interrupts to ask about parking agenda item on 12th Street; directed to attend City Council meeting instead. Chairman jokes about sleeping on couch.
Speaker 2Let's move on to item. Number 10 as the option of minutes from the regular meeting of May 26th, 2022. All in favor AI. Hi item. Number 11. Make a motion to adjourn all in favor, AI. Thanks again, everyone. Appreciate you coming out. Your business. We done for this month. Laura. When's the next meeting?
Speaker 3No,
Speaker 2No. 23rd,
Speaker 323rd. July. August you get
Speaker 2Yes. July and August is only one meeting. Yes, correct.
Speaker 3June. And we still, I mean, you could
Speaker 2Dre so nice to us, the
Speaker 3Mayor, but yeah, no, we only, we have two.
Speaker 8Can I interrupt? Is, is, is this the end of, was this the end of the meeting?
Speaker 4Yes. That's the end of the meeting.
Speaker 8They told me on the agenda that they were going to do the parking down on 12th street.
Speaker 3That was, and
Speaker 4Sir, you need to be in the council meeting. This is the zoning board meeting.
Speaker 8Oh my God. I'm in the wrong meeting.
Speaker 2That's okay.
Speaker 4This happened before. How do I get
Speaker 8To the council meeting? I guess.
Speaker 3So log off, go back online, go on the Township website and click on for the council meeting.
Speaker 8Can I?
Speaker 2No, it's okay. It happens all the time.
Speaker 8I'm sorry. Bye.
Speaker 2Make sure you yell at that. Mrs. Cahill guys have
Speaker 4Mr. Kale.
Speaker 2I'm gonna sleep on the couch.
Speaker 3Goodnight.