Transcript for Piscataway Zoning meeting on August 11 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 00:00:18 One more minute Chairman. Speaker 2 00:00:19 Thank you, Speaker 3 00:00:22 Laura. Speaker 1 00:00:27 I'm not muted. Can you hear me? Speaker 2 00:00:28 Yes. Speaker 1 00:00:31 All right. I was mumbling maybe. Speaker 3 00:00:34 Now I hear you. Speaker 1 00:00:36 I was speaking down. It's been a long week. Speaker 4 00:00:49 I just made it. Speaker 1 00:00:52 I just left you a voicemail bill. Speaker 4 00:00:54 Yeah. I just Speaker 1 00:00:57 Call you guys a 25 show up. I'm just giving you a little heads up. Speaker 2 00:01:19 Board of adjustment meeting will come to adequate. Notice of this meeting was provided in the following waves notice published in theier news. Notice published, posted on the bulletin board of the municipal building notice made available to the Township clerk notice sent Curry news and aithal ledger. Will the clerk please call the role Speaker 1 00:01:42 Mr. Tillery here. Mr. Regio. I you Speaker 0 00:01:51 Here. Speaker 1 00:01:52 Mr. Dacey Speaker 2 00:01:54 Here. Speaker 1 00:01:54 Mr. Hika Speaker 0 00:01:57 There. Speaker 1 00:01:58 Mr. Mitterando Speaker 4 00:02:00 Here Speaker 1 00:02:02 And vice Chairman. Mr. Weisman here, Speaker 2 00:02:06 Will everyone please stand for the SL to the flag. I pledge allegiance to Mr. Kinneally. Are there any changes to tonight's agenda? Speaker 3 00:02:33 There's only one change. I'm not aware of the application of ventures. 11th street has for an adjourn until September. There will be no further. The that's only change I'm aware of to tonight's Speaker 2 00:02:47 Agenda. Mr. Dacey. I'm sorry. You broke up. What was the item number? Speaker 3 00:02:53 The item number is the, the last one. Number 16. Speaker 1 00:02:57 It's Jr ventures. Mr. Speaker 2 00:02:58 Weisman, Speaker 1 00:03:02 Number 16. Speaker 2 00:03:06 Got it. Venture Speaker 1 00:03:08 September 22nd. No further, Speaker 3 00:03:10 Further. Speaker 2 00:03:10 Thank you. Okay. Item number 5, 2, 2, ZB one nine, a OMI Speaker 3 00:03:28 Tsunami. Are you present? Speaker 6 00:03:30 Yes, I'm here. Speaker 3 00:03:31 You need to, could you raise your right hand? You swear the testimony. You're about give the truth. Speaker 6 00:03:38 Yes I do. Thank Speaker 3 00:03:39 You. Could you explain to the board what you would like to do here? Speaker 6 00:03:43 Yes. I'm trying to get a variance for a fence that was erected in my, in my yard variance. Speaker 3 00:03:57 Yes. You are seeking a variance. Speaker 0 00:03:59 Yes. Speaker 3 00:04:02 Mr. Chairman, you check with Mr. Dacey. Can you notice? Speaker 2 00:04:06 Yes. Mr. Hinterstein do you have any comments on Speaker 7 00:04:09 This? Really? Just one. The problem is here is that it's a corner, property and fence was put up right on the property line, which we don't allow. Again, the fence needs to be even with the front yard setback, the particular case, you know, that would be, I believe it's 25 feet. What we're asking is that the fence be relocated so that it, at least the minimum of eight feet back off the property line, which is, you know, pretty much the bare minimum that we ever allow people to install fence with the off of the property line. As you know, we very rarely ever let anybody install the solid that encroach into the front yard. That much quickly, we, we, you know, look to have those fences at least half, if not more than what the front yard step is, but because this is a property and it's compromise would be eight, Speaker 2 00:05:24 Eight SU you okay with that? Speaker 6 00:05:33 The problem that is the fence has been erected without, I didn't know I was supposed to be getting a permit. So it's been erected. So for me to do that, I will kill additional expense, which I really don't have. Speaker 3 00:05:49 Okay. The defense cannot stay where it is. The defense needs to be moved. If the board denies your application, you're gonna have to move it, remove the fence. And if you reinstall it, it's gotta be 25 feet off the property line. Mr. Hinterstein has offered a suggestion that he would be okay if you moved it to within eight feet of the property line, that way you could still have a fence, but it cannot stay where it is. It was erected without permits. You never would've gotten a permit to put it where it is. Speaker 6 00:06:25 Okay? If, so that means two feet further than where it is right now. Speaker 7 00:06:33 Eight feet, further eight feet, Speaker 6 00:06:36 The additional eight feet. Yes. Speaker 7 00:06:38 Eight feet from the property lines. So I'm not sure where you're where the fence exactly is. I'm assuming it was put right on the property line. We'll, we'll call it eight feet. You could have it, your property surveyed and make sure that it's eight feet from the property line. Typically the property line in this particular area would be 10 feet off of the curb if there's curb on the street. So I think if you went 18 from the face of the curb, you could be pretty confident. That Speaker 3 00:07:19 Is that acceptable? O Speaker 6 00:07:23 Yes. Speaker 3 00:07:24 Okay. Speaker 2 00:07:25 Thank Speaker 3 00:07:26 You, Mr. Chairman, you may wanna check and see if there are any questions from the board. If not, you can open it Speaker 2 00:07:30 To the public. Okay? Thank you. Are there any questions from the board at this time hearing none. I'd like to open this up to the public. Ms. B are any hands up? Speaker 1 00:07:44 No Chairman. No. One's raising their hands. Speaker 2 00:07:46 Thank you. I like to close the public part. Any other questions now from the board? Speaker 3 00:07:55 If not, you can entertain a motion Speaker 2 00:07:56 On this. Yep. Hearing no comments from the board. I'd like to make a motion that we approve this request with the eight foot stipulation that I'll Speaker 3 00:08:06 Second it Speaker 2 00:08:07 Thank you, Clark, please. Ma take the role Speaker 1 00:08:13 Mr. Tillery. Yes. Mr. Reggio. Yes. Mr. Dacey. Speaker 2 00:08:18 Yes. Speaker 1 00:08:18 Mr. Dacey. Yes. Mr. Mitterando. Speaker 6 00:08:22 Yes. Speaker 1 00:08:22 And vice Chairman Weisman. Speaker 2 00:08:24 Yes. Speaker 3 00:08:25 Ms. OMI, 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, but you'll need that to get your permits. Speaker 6 00:08:37 Okay. Thank you. You one question. Excuse me. Question. Speaker 2 00:08:44 Yes. Yes. Speaker 8 00:08:46 I think if it's not the solid fence, is that a moving and can we just make it not a solid fence and six feet? Speaker 3 00:08:53 No, it be four feet and 50% solid. If it's over four feet or more than 50% solid. It's not. It's in violation of the ordinances. Speaker 8 00:09:04 Okay. So four feet, 50% open. Yes. Speaker 3 00:09:10 Correct. Speaker 8 00:09:11 Okay. Clarify which I, my moving, no, we don't have to move it. If you did that. Speaker 3 00:09:19 If, if you have additional questions, please contact Mr. Stein's office and he he'd be happy to go over with you. Speaker 8 00:09:24 Okay. Speaker 3 00:09:25 Thank Speaker 2 00:09:25 You. Thank you. Have a good night. Next item number 6 22 dash ZB four eight V. Jocelyn Kawano Speaker 3 00:09:39 Is Ms. Kawano present. Ms. Kawano. Are you present Laura? Do you see her? Nope. All right. Perhaps we should skip that application and go to the next one and we'll come back to Kawano. Speaker 2 00:10:00 Okay. Number seven. Speaker 9 00:10:03 I'm here. Speaker 2 00:10:04 Oh, Speaker 3 00:10:05 Is that miss Kawano? Speaker 9 00:10:07 Yes, I was just, I was muted. Speaker 3 00:10:10 You shouldn't be muted when we call you miss Kawano. I need to swear you in. Could you raise your right hand? You swear the testimony you're about to give, be the truth. Speaker 9 00:10:21 Yes. Speaker 3 00:10:22 Your name and address please. Speaker 9 00:10:24 Jocelyn Cahn, 1741 street, the scattering New Jersey. Speaker 3 00:10:29 Thank you. Could you explain to the board what you'd like to do here? Speaker 9 00:10:32 A variance for fence and also a shed, which was on the property when I bought it. Speaker 3 00:10:40 Mr. Chairman, you may wanna check in with Mr. Hinterstein on Speaker 2 00:10:43 This. Yeah. Will do Henry. What are your comments on this one? Speaker 7 00:10:47 Similar to this last case that we just heard, this is a corner property, this particular case, again, the fence was put right on the property line. Mr. Cowan, it doesn't appear that their surveys accurate survey shows a shed in the back corner of the property. But what actually exists is a larger accessory structure that you have right behind the fence, closer to the, you know, middle of that side yard there, or that front yard on Harold place, which again would never have been allowed to have been placed there. It doesn't look like it's in great shape. And basically the, the comments are the same is that, you know, particular case that, you know, the fence needs to be relocated 10 feet off of the har place property line. And then that shed's gotta be, you know, it can't stay there. It has to be located into a conforming location, you know, in a, and it's not in a front yard. We don't allow sheds in front yards Speaker 9 00:11:57 Said relocated 10 feet. But the, but the property line there is like an embankment from the street to where the fence is. So that's about 10 feet away from the, from the, from the street Speaker 7 00:12:12 Where the fence is now is 10 feet off of the curb. That's the property line where it is now, right? The problem is, is that it needs to be 10 feet further back than that. You have, your house is 25 feet off the property line, 35 feet off the curb. And right currently the fence is right on the property line. So again, you know, typically we, we, we want these fences to be, you know, the minimum half of whatever the front yard setback is, again, in this particular case, I think 10 feet is quite a bit less than half, or it is less than half. And I think it's a reasonable compromise considering it was without a permit. As far as the shed goes again, this is, it's not even a shed. It's like an accessory structure, sort of. So makeshift accessory structure. Again, I couldn't really tell what kind of condition it's in, but it either, I'm not saying you have to move it. Speaker 7 00:13:08 You could get rid of it. You could move it. If you wanna move it into an area, that's the opposite side of the property that conforms with the, with the ordinance or, you know, or at a minimum, it should be, you know, behind the, the house, the end of that side of the house that it's not in the front yard. So, I mean, you have a lot of options with the shed, whether it's to completely remove it or demolish it and get rid of it. And this way you don't have to deal with it, or you could relocate it to somewhere on the property where it's in a conforming location. Again. I mean, I'm not sure what the size of that structure is. If it's larger than a hundred square feet, it has to meet accessory structure setbacks, which aren't eight feet from the rear and eight feet from the side property lines. And there has to be outside of the front yard setbacks. Speaker 9 00:14:03 I have one question. So you're talking about the shed and the, the same thing with the other. So if the, not the shed, the, the fence, the fence, so is only the part that facing har street. We talking about, Speaker 7 00:14:18 We're only talking about the fence along Harold street. I mean, a portion of it faces. If obviously if you move it 10 feet pack, there's a section of fence or 10 feet of fence that you have to move, move from the rear and front property lines as well that enclosed the yard. So nothing should be within that 10 feet of the property line. Speaker 9 00:14:41 So if, if it goes, if you cut, if it goes to four feet, is that allowable instead of moving the fence, Speaker 7 00:14:48 The, the fence is allowed to be four feet, high percent solid. You would not need a variance for that. Okay. You just have to get rid of the, the shed. Speaker 9 00:14:58 Okay. Just get rid of the shed. Okay. Speaker 7 00:15:01 That is an option. You could go with the four chain link fence, a four fence. Again, I not don't recall off the top of my head since there were so many applications, I believe this was a wood fence though. Correct? Speaker 9 00:15:14 Right. Right. So the wood fence could stay at four feet. Is that what Speaker 7 00:15:18 Talk to a contractor about doing that? It's, it's, it's possible that they could convert that into a 50% solid fence and, and trim it down so that it meets the height requirement of four feet. But again, that would not, it's up to you and Speaker 9 00:15:35 You're breaking up. I can Speaker 7 00:15:38 Today. We can't, we can't allow you to, you know, or I should say the board has to make a decision on whether or not issue the variance that you've requested. So we could give you the variance as you know, or my recommendation would be to give the variance amended to 10 feet off of the property line. If you're in agreement to that. And then you would have, once you get the approval, or if you get your approval, you could explore other options as well. But the wouldn't be, if you get the approval for the, you wouldn't be able to keep the fence in that location, Speaker 9 00:16:15 But I'm, I'm still just one. So it's just one option. Is it? The other option is for bringing down to full feet. That's what I want to know. Speaker 3 00:16:24 Yeah. The board has no jurisdiction over a four foot, less than 50% solid fence. That's permitted by the ordinance. Speaker 9 00:16:31 Okay. Speaker 3 00:16:31 All right. Under your application tonight, Mr. Hinterstein is recommending that if you move to 10 feet off Harold place, property line, if you elect to go in that route, you could still make the choice to reduce it to four feet and leave it where it is. Speaker 9 00:16:49 Okay. So I could still make it to four feet and leave it where it is Speaker 3 00:16:52 As long as it's less than 50%. Speaker 9 00:16:55 Okay. All right. Speaker 3 00:16:57 So would you like to agree to on your application tonight need to move it to 10 feet off hour place? Speaker 9 00:17:06 No. I would like to leave it at, bring it to full feet. Partial. Solid. Speaker 2 00:17:12 You don't have, you don't need our approval for that. Speaker 9 00:17:15 Okay. I don't need the approval, Speaker 3 00:17:17 But if we you're before the board and the shed still needs to be relocated to a Cahn, Speaker 9 00:17:25 I think at this point, the shed, I'll just it down Speaker 2 00:17:33 That if I understand this correctly, we just going do no on this request because the applicant is withdrawing her requirements. Speaker 3 00:17:44 Mr. Weinstein. You're you're correct. You should open it to the public. However, Speaker 2 00:17:52 Yeah. Ms. Co do any other question? Speaker 9 00:17:56 No, no. Sorry. Speaker 2 00:17:58 Anyone on the board have any questions at this point? Uhrin none. I'd like to open this up to the public. Anyone in the public have any comments or questions? Ms. Buckley? Do you see any hands? Speaker 1 00:18:12 No, I don't see any, but she is required to get a zoning permit once she changes the fence. Cuz she is in violation. She still needs to get a permit. Even if she get doesn't get the bearings Speaker 2 00:18:22 That's Speaker 1 00:18:22 So she'd have to call our office. Speaker 2 00:18:24 That'd be a permit for the four foot fence. Speaker 1 00:18:27 Still required to get the permit. Cuz it would never legal Speaker 3 00:18:30 That's way. It could be inspected to know that it conforms with Speaker 9 00:18:33 The order. Okay. So I have to call for the office for permit. Speaker 2 00:18:38 Okay. Yes. Hearing no questions from the public. Are there any questions at this point from the board hearing Lynn, I'd like to make a motion that we know on this request. Speaker 3 00:18:55 It's it's to deny the fence location and to require the removal of the shed Speaker 2 00:19:00 It's and removal of the shed. Thank you. Speaker 9 00:19:02 Do I, do I have a timeline to remove the Speaker 2 00:19:05 Shed? It's thank you. Speaker 3 00:19:10 Yeah. The board can set a reasonable timeframe to remove the shed perhaps 60 to 90 days after the memorialization of the resolution. Speaker 2 00:19:18 Okay. After Memorial day or after labor Speaker 3 00:19:20 Then after the memorialization of the resolution Speaker 2 00:19:25 Memorial day Speaker 1 00:19:26 Starting summer, Speaker 3 00:19:29 I wish Speaker 9 00:19:32 Do I have to for the rest of the meeting or can I leave? Speaker 2 00:19:34 No, you the, I like to have the clerk call the Speaker 3 00:19:39 Roll. Did we get a second on Speaker 1 00:19:40 That? No, we did not. Speaker 3 00:19:42 I'll Speaker 2 00:19:43 Second second. The Speaker 1 00:19:47 Clerk, Mr. Tillery. Speaker 10 00:19:51 I believe Mr. O'Reggio second it Speaker 1 00:19:54 Okay. Yeah. I'm doing roll Paul now. Mr. Tillery. Speaker 10 00:19:57 Yes. Speaker 1 00:19:58 MRIO Speaker 2 00:20:06 Yes. Speaker 1 00:20:06 Mr. Dacey. Speaker 2 00:20:09 Yes. Speaker 1 00:20:10 MRCA Mr. Mitterando. Speaker 2 00:20:15 Yes. Speaker 1 00:20:16 And vice Chairman Weisman. Yes. Speaker 2 00:20:18 Thank you. Speaker 1 00:20:20 Thank Speaker 2 00:20:21 You. Moving on item number seven. It's 20 ZB dash 57. Brandy Patterson Speaker 3 00:20:32 Is Brandy Patterson present. Speaker 1 00:20:34 I'm here. Speaker 3 00:20:35 Ms. Patterson. I need to swear you in. Could you raise your right hand? You swear the testimony you're about to give should be the yes. Your name and address please. Speaker 11 00:20:43 Brandy Patterson. One lavender drive, Bestway, New Jersey 0 8, 8 54. Speaker 3 00:20:48 Thank you. Could you explain to the board what you'd like to do here? Speaker 11 00:20:51 Hi. I am requesting a six foot solid fence. I had put five feet from my property line, but after listening to everyone else, I don't know if it would have to be at a 10 foot setback from my property line. Speaker 3 00:21:10 Mr. Chairman, we should check with Mr. Hinterstein on it. Yep. Henry, what is your take on this? Please Speaker 7 00:21:18 Take on this one is we actually had an application here recently, not too long ago on the opposite side of your road. Believe it was the opposite side of Maplehurst. I'm not sure if it was lavender, but, and again, 10 feet was a recommendation in that case. 10 feet's my recommendation here that takes it 10 feet off. The property line actually takes you out of an easement that exists on your property. And the only other stipulation would be is that we required that fence to have a 50% solid upper on the fence. So that fence wasn't six feet of solid fence. I believe that fence is five feet with like a either lattice or picket top so that it's not so solid in nature. It has a little bit more openness to it. So that would be the same recommendation here so that it's consistent with the other fences in the area that we've approved bearings on. Speaker 11 00:22:13 Okay. Just a question cuz I don't wanna overstep my concern for the six foot was just that I have three small kids. I'm pretty sure a lot of people here have children. I'm a little nervous about people looking into the property as everybody walks up and down these streets every single day, I am a widower. I lost my husband in 2020 to COVID. He was a patrol Sergeant in Bedminster. I'm trying to do the best here that I could do to keep my children as safe as I can by doing it on my own. I'm fine with the 10 foot, but I just, I'm a little nervous the way everything is going on in the world and would really like to keep the privacy in my backyard without having that lattice. And I, I did see some fences around the area with lattice and without the lattice. So I don't know if it's just, you have to have that lattice at the top part or can it just be solid? Speaker 7 00:23:15 You're requesting a variance where the requirement is quite substantial to is here, here it's four feet, 50% open Henry. Yeah, no, I know that. I was just looking at the set front yard setback. I is pretty substantial in this neighborhood. I'm not sure if it's five see on your setback. Speaker 11 00:23:48 I think it's a 40 setback. Speaker 7 00:23:50 Yeah. Speaker 1 00:23:51 It's 40 feet. Speaker 7 00:23:53 40. Yeah 40. So we're allowing you to do 10 instead of 40. So Speaker 11 00:24:00 10 Speaker 7 00:24:01 That's a substantial deviation from the variant. So we're not, you know, the five feet of that fence is gonna be completely solid and it's not like, you know, the lattice is, you know, in completely invisible or a picket top. If you prefer top, is it a little bit more openness because you're so close to the property. Like now you want to say, you wanna move it 20 feedback. I'd be totally fine with you being a six foot solid fence back. And then you'd be offering, you know, half of the front yard setback. But because it's so close, you're, you're a quarter of what the requirement is. That was a fair compromise. And also what would Cahn, you know what the compromise was for the neighboring property across the street. Speaker 11 00:24:46 Okay. So 10, 10 foot. And the it's a five foot with just like an inch of the lattice, Speaker 2 00:24:52 Top a foot, a Speaker 7 00:24:54 Foot foot you a six fence. It's like a top or part of the fence. It's like the last one foot of the fence. Typically either a or lattice. I mean there's a couple different options that you can get from your more openness versus the song. Speaker 11 00:25:12 Okay. I have no problem with that. Thank you Speaker 2 00:25:17 Very, any questions from the board hearing? None let's openness to the public. Anyone in the public have any questions? Speaker 1 00:25:27 No Chairman Speaker 3 00:25:28 Or, or comments Speaker 2 00:25:29 Or comments or comments. Speaker 1 00:25:31 Nobody raised their hand either way. Speaker 2 00:25:33 I'd like to close this portion of the public portion. Any questions at this point from the board hearing no questions. I like to make a motion that we approve this request a 10 foot moving a 10 foot in how much I put solid and on top foot being lattice work. Will the clerk okay. Get a second. Speaker 1 00:25:54 I'll second. Speaker 2 00:25:55 Oh Roy Speaker 1 00:25:56 Mr. Dacey. He reads. Speaker 2 00:25:59 Okay. Will the clerk take the role Speaker 1 00:26:02 Mr. Tillery? Yes. MRIO yes. Mr. Dacey. Speaker 2 00:26:09 Yes. Speaker 1 00:26:10 Mr. DACA. Mr. Mitterando here. Speaker 7 00:26:19 Yeah. Yes by me. Speaker 1 00:26:20 Thank you. I got you. And Mr. Weisman. Speaker 2 00:26:23 Yes. Speaker 3 00:26:26 Mr. Patterson, your application as amended has been approved, we will memorialize it at our next meeting. You don't need to be present for that. We'll mail a copy that document to you and you'll need that to get your permits. Speaker 11 00:26:36 Thank you. Speaker 3 00:26:37 Good Speaker 2 00:26:38 Luck Speaker 11 00:26:39 Tonight. Speaker 2 00:26:41 Number 8 22, ZB 30 Craig MENA. Speaker 3 00:26:51 Mr. Ick, are you present? Speaker 12 00:26:53 I am Mr. Cahn. Speaker 3 00:26:55 Good evening. Speaker 12 00:26:56 Good evening. We are here our second time prepared to proceed consistent with the July 12th memorandum from Mr. Hinterstein as to the application. Speaker 3 00:27:13 Yes. And, and after we spoke earlier this evening, I spoke to Mr. Hinterstein. He, he confirmed what we discussed. So perhaps you can talk to the board about that. Speaker 12 00:27:22 Sure. So Mr. Dacey looking to put an addition on his home. He requests some variance relief due to existing, to the existing condition of the home. And Mr. Hinterstein has requested that, that the back of the property not be used for business purposes, that debris we removed and some other items of concern. Last time we were all here was the second floor addition being modified as to step in from the side of the existing home, which Mr. Dacey prepared. Mr. Hinterstein. I suggested a two Mr. Dacey agreeable Speaker 3 00:28:09 To Mr. Mr. He's report. Speaker 12 00:28:11 We are. Speaker 3 00:28:12 Thank you, Mr. Chairman. I think that takes care of all the outstanding issues on this. You may wanna check in with Mr. Hinterstein just to see if he agrees. Speaker 2 00:28:19 I'm sorry. You broke up at the very end. Mr. Dacey. Speaker 3 00:28:22 You may wanna check in with Mr. Hinterstein just to see if we've covered everything. Speaker 2 00:28:26 Thank you, Mr. Hinterstein. Speaker 7 00:28:28 Yeah. I believe that takes care of everything. I think we touched on everything and he agreed to all the conditions. I think the only other conditions where the existing driveway being paved again, the will be back along that side property line and he's not gonna be used for business. He understands that it's not a business zone, everything. Speaker 2 00:28:52 Terrific. Thank you. Any questions from the board hearing? Speaker 12 00:28:59 None Speaker 2 00:29:01 Hearing, not like to open this up to the public for any questions or concerns? Speaker 1 00:29:07 No one Chairman. Speaker 2 00:29:08 Thank you. Closing the public portion. I'd like to make a motion that we pass. We pass this request with all the recommendations that have been accepted by Mr. Hinterstein. Can I get a second? Speaker 3 00:29:25 I'll second. Speaker 2 00:29:26 Thank you. Will the clerk please take a, a role Speaker 1 00:29:30 Mr. Tillery? Speaker 3 00:29:31 Yes. Speaker 1 00:29:32 MRIO yes. Mr. Dacey. Speaker 2 00:29:35 Yes. Speaker 1 00:29:35 Mr. Hidaka. Yes. Mr. Mitterando. Yes. Vices Chairman Speaker 2 00:29:40 Weisman. Yes, Speaker 3 00:29:42 Rick. We will memorialize in our, at our next meeting and send a copy to you. Speaker 2 00:29:48 Thank you, sir. Speaker 3 00:29:49 Have a good night. Speaker 2 00:29:50 Thank, thank you everyone. Have a good night. Thank you. You too. Item item number 9, 2 2 dash ZB dash four nine V LAN and Francis Prestor Speaker 13 00:30:04 I'm here. Speaker 3 00:30:06 Ma'am could you raise your right hand? Do you swear that testimony you're give should be the Speaker 13 00:30:11 Yes, I do Speaker 3 00:30:12 Your name and address please. Speaker 13 00:30:14 Cheryl Leblanc, 5 0 3, new Durham roading New Jersey. Speaker 3 00:30:18 Thank thank you. Could you explain to the board what you'd like to do here? Speaker 13 00:30:23 I'm requesting bulk variances. I need to build an addition onto the home, which Enclos the carport and wraps also around the back encompassing two of the bedrooms, and I need to build a shed because currently in the back of the carport, there is a shed that is built onto the house it's it's on the foundation. It was built that way and that will be encompassed as part of the addition. So I need to build a new shed. I had previously requested a zoning permit, but that was denied because the property is less than 10,000 total square feet. So I need a variance for that too. Speaker 3 00:31:03 Yeah. I'd like to point out to the board that most of the variances here are existing due to the undersized nature of this lot. Mr. Chairman, you may want to check in with Mr. Hinterstein for his comments. Speaker 2 00:31:15 Thank you, Mr. Hinterstein. Speaker 7 00:31:18 Yes. See real, any issues with this application? There is just one item. The fact that, well there's really two items. One is I don't believe the survey was accurate. I, I believe your driveway is sufficient to hold two vehicles, correct? Speaker 13 00:31:36 Yes. The drive, since that the, the, the, the driveway was widened after the, after that survey was done. So the driveway's already been widened. Technically there will still be room for four cars. Speaker 7 00:31:49 OK. That's what I wanted to confirm. And because car ports being sort of removed and that's parking space, technically. So we're good on that. I wanted you to confirm that the other thing is, is that we have, I believe there's county plans to improve me a dorm road, and I believe the Township needs a temporary construction easement. And again, it's temporary in nature. It, the easement that if they Enro on the property, when they're redoing the sidewalk, curb, that they'll restore it, but they it's a possibility that they may encroach little bit into the property line. I don't know exactly. I believe it's a 640 square foot. So it's, it's not a tremendous, I think it comes out to about somewhere in the five to eight foot range. But again, it's temporary nature just during the construction of new dorm road, whenever that takes place. So I would be hopeful that you would agree to the great construction easement and that documentation would be prepared by the Township for you. Speaker 13 00:32:56 So the easement would be to do, to put the sidewalk in or Speaker 7 00:33:00 It's actually. Yeah. So when they do the road improvements on your dorm road, they may CRO onto the property. You know, they may step on the lawn or something of that wider than what the property line is. And so they get it temporary construction easement. So that if you do that, it's, it's basically in line with easement, then it's restored back to the, you know, existing condition. So it benefits you and the Township. Speaker 13 00:33:29 That's fine. Speaker 2 00:33:31 What about the shed? Speaker 7 00:33:33 The shed there's no issue with the shed is conforming actually. So part of the application, but there's no variances required Speaker 13 00:33:39 For, right? Well, yeah. I mean, I, they, I applied for the zoning permit and I made sure that I followed the code as far as right. You know, it's, it's how far it was from the property lines and everything. But they said my property was less than 10,000 square feet. So I needed a variance. So I was getting the variance for the, for the, for the construction. I, I added it to that. Speaker 7 00:34:00 Right, right. So it's part of the application, but we don't have any issue. It just because the lot's undersized, anything that she did out there figured the very pretty undersized lot. Speaker 3 00:34:10 So Mr. Chairman, it appears, we've addressed all the issues on this application. Speaker 2 00:34:14 Thank you. Any questions or comments from the board hearing? None. I would like to open this up to the public. Any questions or concerns from the public Ms. Buckley? Speaker 1 00:34:27 Oh, no one Chairman. Speaker 2 00:34:29 Thank you. I'd like to close the public session at this time. I'd like to make a motion to accept this request. May I get a second? Will the clerk please take the role Speaker 1 00:34:42 Mr. Tillery? Speaker 3 00:34:45 Yes. Speaker 1 00:34:46 MRIO. Yes. Mr. Blum. Speaker 2 00:34:49 Yes. Speaker 1 00:34:49 Mr. Hey DACA. Speaker 3 00:34:51 Yes. Speaker 1 00:34:52 Mr. Mitterando. Yes. Vice Chairman Weisman. Speaker 2 00:34:55 Yes. Speaker 3 00:34:56 Ms. Lalo, your application's been approved with the condition that you grant the temporary construction easement. We will memorialize this in a written document at our next meeting. You don't need to be there, but we'll send that document to you and you'll need that to get your permits. Speaker 13 00:35:11 Okay. So I have to wait for that to apply for the permits. Speaker 3 00:35:14 Yes. Speaker 1 00:35:15 I'll send it to you. Speaker 13 00:35:16 Thank you very much. Speaker 3 00:35:17 Good luck. Speaker 13 00:35:18 Thank you. Have a Speaker 2 00:35:19 Good Speaker 13 00:35:20 You Speaker 2 00:35:22 Number 10, 2, 2 dash ZB five, two V. Jocelyn EZ. Speaker 3 00:35:32 Here is, are you present? Speaker 1 00:35:35 Yes, Speaker 3 00:35:38 Henry. I need to swear you in. Could you raise your right hand? Yes. You swear that testimony. You're about to give you to the, Speaker 14 00:35:46 I do Speaker 3 00:35:47 Your name and address please. Speaker 14 00:35:50 Jocelyn Galez 1 61 Murray avenue, Piscataway New Jersey. Speaker 3 00:35:54 Thank you, Ms. Galez. Could you explain to the, what you'd like to do here? Speaker 14 00:35:59 I am trying to redo my stairs, so I wanna add a landing. So I need a bearing, Speaker 3 00:36:11 Mr. Chairman, you may wanna talk to Mr. Hinterstein about his concerns on this application. Speaker 7 00:36:26 Try that again. There's just a couple minor issues on this application. One again, it's a pretty severe front yard setback, Varis. I totally get the landing in front. I was hoping that you could reduce that to three feet, which is still a pretty comparable, a pretty, you know, adequate landing area where that you could stand on and, and open your door without, you know, having to stand on a step, provide it provides a little bit more stability, but it'll a little bit less encroached into that front yard setback. The other issue was the shed. I believe that shed was removed. That Speaker 14 00:37:07 Was, that was removed. Correct. I don't have a set. I removed it probably over a year ago. Speaker 7 00:37:14 All right. Perfect. So that eliminates that issue because it was over the property line. And like you said, the only other issue is just, if you would agree to the one foot reduction in that landing that would really help considering the, again, the front yard setback variant is, is Speaker 14 00:37:35 No, that's fine. I, I can agree with that. Speaker 7 00:37:38 And then the LA the last item would be, is similar to the last application. The plan is for, I believe Murray avenue to be reconstructed in the very near future. And I think the Township means the five easement temporary construction easement for the same reason, in case they install step on your lawn, have the ability to repair without any issues. Speaker 14 00:38:08 I'm sorry. I thought they already, we already got the sidewalk fit in. Speaker 7 00:38:14 It could be Adams. Now. It's possibility that are you on a corner? Speaker 14 00:38:19 Yes, I'm on a corner. Speaker 7 00:38:21 Okay. I was told the five easement. I'm not sure if it was for Adams or for Murray avenue. So again to that, I will, the Township will make sure whichever road it's for again, either way, it would be the same amount, five foot temporary construction easement. It only if for some reason they disturb your property. When they're doing the sidewalk or curb or road work, that they would repair it and restore it to the existing condition. And they would have the ability to do that. Speaker 14 00:38:55 Okay. That's fine. Speaker 7 00:38:56 There's no other issues, Mr. Chairman, Speaker 2 00:38:59 Thank you. Any questions from the board hearing? No questions like the public. Are there any questions or concerns from the public? Speaker 1 00:39:09 No. Chairman, Speaker 2 00:39:10 Thank you. I'd like to close the public section. I'd like to make a motion to accept this request. Can I get a second? Speaker 3 00:39:18 I'll second. It Speaker 2 00:39:20 Of the acceptances with the change to three feet instead of four. Speaker 3 00:39:24 Yeah. The changes would be the one change in the landing and the temporary construction. Speaker 2 00:39:30 Right? Thank you. The Clark. Please take the role Speaker 1 00:39:35 Mr. Tillery. Speaker 2 00:39:41 Yes. Speaker 1 00:39:42 Mr. Blount. Speaker 2 00:39:44 Yes. Speaker 1 00:39:44 Mr. Hey DACA. Speaker 3 00:39:46 Yes. Speaker 1 00:39:46 Mr. Mitterando. Yes. And vice Chairman Weisman. Speaker 2 00:39:50 Yes. Speaker 3 00:39:51 Ms. Galez your application has been approved with those two conditions. We just mentioned. We will memorialize it at our next meeting and send a copy of that document to you. You don't need to be present in the next meeting. Speaker 14 00:40:03 Okay. Thank you very much. Speaker 3 00:40:04 Good luck Speaker 14 00:40:07 Have good night Speaker 2 00:40:11 Item number 11, 2, 5, Alexander Ross. Speaker 3 00:40:19 Mr. Mr. Dacey, Mr. You, you in could raise you the testimony. You're be the truth. Speaker 15 00:40:28 Yes, I Speaker 3 00:40:30 Could you explain to the board what you'd to here? Speaker 15 00:40:33 I, to, from home over the Speaker 3 00:40:43 Mr. Chairman, we've heard a lot of fence applications signed. You might wanna go right to Mr. Hinterstein for his Speaker 2 00:40:48 Comments. Yes, Henry. Speaker 7 00:40:55 Yeah. This one, I believe this fence is proposed in an appropriate location. It's being proposed 25 feet back from the property line. Again, it requires, I believe a 40 or 50 foot front yard jet back, but it appears to be in appropriate location. Considering the neighbor's fence, the property behind is in a similar location and it provides substantial space in that Crestwood avenue corridor. So I do not have any other issues with this application. I believe it's it's appropriate as presented. Speaker 2 00:41:30 Terrific. Any questions from the board at this point, hearing none. I'd like to open this up to the public. Anyone from the public have any questions or concerns? Speaker 1 00:41:41 No. Chairman, Speaker 2 00:41:42 Thank you. I'd like to close the public section. I like to make a motion that we accept this request. Can I get a second? I'll the clerk please? That Speaker 1 00:41:59 Mr. Tillery. Yes. MRIO Speaker 2 00:42:03 Yes. Speaker 1 00:42:03 Mr. Dacey. Speaker 2 00:42:05 Yes. Speaker 1 00:42:05 Mr. Dacey. Mr. Mitterando. Yes. And vice Chairman Weisman. Speaker 2 00:42:10 Yes. Speaker 3 00:42:11 Mr. Roja, your application has approved will memorialize our next meeting in a written document. We'll mail add to you and you'll leave that to get your permits. Good luck. Speaker 2 00:42:20 Thank very much. Speaker 1 00:42:22 Thank you. Speaker 2 00:42:23 Thank you. Item number 12, 2 2, ZB six B Speaker 3 00:42:30 Actually Mr. Weisman, we have changed the agenda. The next application is 22 ZB 64 V the wax studio by Anna LLC. That that revised agenda came out late. This that's Speaker 2 00:42:49 That's what I said. I that the one I read. Speaker 3 00:42:53 Okay. I was just checking Speaker 2 00:42:55 We're the same page. Okay. Speaker 1 00:42:57 Making sure you're paying attention. Speaker 2 00:42:59 Thank you. This is for temporary temporary use variance for the wax studio. Correct? Speaker 3 00:43:09 Is Smith present? Speaker 2 00:43:15 Muted? Speaker 16 00:43:17 Sorry about that. That's okay. Forget the zoom every time. Yes. Good afternoon. I am Cynthia Smith, the attorney for the w studio by Anna LLC. And we're here for the 21 5 2 4 temporary youth permit. Ms. Smith intends to open up a wax studio at four seven south Washington avenue, Piscataway New Jersey. It's an old site. So at this time a site plan is not available, but will be available within six months. Her youth here will not be detrimental to the community as required under 21 5, 2 0.4. As matter of fact, I think it will enhance the, the area occupying space that has been empty, which I think will help a lot in that area. And it will fit right in, in the commercial zone that it is in as well. Speaker 3 00:44:12 And you understand that if the site plan application is not ready within six months, you, if this is granted, you are eligible to come back and ask that that be renewed for another six Speaker 16 00:44:21 Months. Yes. I understand that Speaker 3 00:44:25 Mr. Chairman from a, a legal point of view, I don't have any other issues on this. Speaker 2 00:44:31 Okay. Henry, any questions on this or Speaker 7 00:44:35 Really? This is just temporary use. It's really not a variances. What the use that's proposed is allowed in the zone, just that the site needs a little loving, tender care and needs a site plan because there hasn't been a, I think, any improvements done on the, a long time and parking that nature. So this is allowed, it's not an issue. Come back at some point. Hopefully Speaker 2 00:45:08 Uhrin. Are there any questions? The board hearing, I would like to open this to the public. Are there any questions or concerns for the public? Speaker 1 00:45:19 No Chairman, Speaker 2 00:45:20 Thank you'd like to close the public section. Speaker 17 00:45:23 Mr. Chairman. One question Henry. I looked at the property too. Is there any reason I can't start cleaning that place up between now and six months to Speaker 7 00:45:34 Show it's not necessarily that it's it's the shambles or anything of that. It's just that there's really, you know, the parking's notated very much. There's no, you know, there may be some issues with sidewalk, you know, could they, yeah. I guess technically they could make more sense though. I think Don, if they probably had a plan as to what they were gonna do first, you know, you put a pen to paper and maybe come up with a plan, but it's not that bad. The front of the property is, you know, just concrete and there's access. Speaker 17 00:46:07 It's no I've oh, by the way, being a little Jardy I technical difficulties. Speaker 1 00:46:18 Wasn't there. Speaker 2 00:46:21 Are there any other questions at this time hearing? None. I would like to make a motion that we granted temporary use variance for this. I get a second. Speaker 17 00:46:34 I'll Speaker 1 00:46:36 Like when you all speak up at one time, Speaker 2 00:46:39 Take the role Speaker 1 00:46:40 Mr. Tillery. Yes. So now you're gonna ignore me. MRIO Speaker 2 00:46:46 Yes. Speaker 1 00:46:47 Mr. Dacey. Yes MRCA yes. Mr. Mitterando. Yes. And vice Chairman Weisman. Yes. Speaker 3 00:46:57 Smith will prepare a resolution of temporary use approval and consider it at our next meeting. We'll a copy to you. Speaker 1 00:47:05 Thank you very much. Have a good evening. You too. Speaker 2 00:47:10 Moving on. Item number 13 22, 6 V. Wireless LLC is Speaker 3 00:47:19 Mr. Dacey present. Speaker 2 00:47:20 Yes, he is. Speaker 3 00:47:22 Good evening, Mr. Schick, Speaker 2 00:47:24 How are you, sir? Speaker 3 00:47:25 Good. Thank you. Speaker 2 00:47:26 I'm here tonight on behalf of dish Speaker 18 00:47:29 Wireless. This is one of the interpretations under the federal statute for the zoning exemption under 64 0 9. There are certain standards that we have to meet. I do have a witness here, but we do have Mr. Chadwick timely based on his based upon his site, reconnaissance, as he says, that also confirms. So Chairman, I'm happy to put the witness on or we're satisfied to rely on Mr. Chadwick letter as well. Speaker 3 00:48:03 The board has heard many of these applications and ordinarily based upon the representations of council and our witnesses, it appears that a witness is not necessary. It is your representation that no new variances are created. No height increase is involved. No increase in the area of the equipment area. Is that your representation? Speaker 18 00:48:29 Yes, it is, sir. Speaker 3 00:48:31 Okay. That, Speaker 18 00:48:32 That satisfied my question, Jim. Speaker 3 00:48:35 Okay. The board has heard many of these applications, a essentially they're here just to check off the boxes to make sure that they don't need any new variances, which would create a need for a public hearing on this. Since they have checked off those boxes, it appears that they have satisfied the requirements for an exemption from site plan application. Speaker 2 00:49:01 We need to vote on this now. Speaker 3 00:49:03 Yes. Okay. You should open it to the public Speaker 2 00:49:06 Will do. No. Just wanted to make sure the process. Okay. Anyone on the board have any questions hearing? None. I like to open this up to the public. Are there any questions or concerns from the public? Speaker 1 00:49:17 No one Chairman. Speaker 2 00:49:18 Thank you. I'd like to close the public session. I like to make a, like the proposal we grant this request. How to get a second. Speaker 3 00:49:27 I'll second. Speaker 2 00:49:28 Thank you. Please take the call. The role. Sorry, Speaker 1 00:49:31 Mr. Tillery. Yes. Mr. Blount. Yes. Hey DACA. Speaker 3 00:49:39 Yes. Speaker 1 00:49:40 Mr. Mitterando. Yes. And vice Chairman Weisman. Speaker 2 00:49:44 Yes, Speaker 18 00:49:45 Chairman. Thank you. We appreciate your time. We appreciate Mr. Chadwick reconnaissance Speaker 2 00:49:51 As we all do. Speaker 18 00:49:57 I couldn't help myself. I couldn't help myself. I'm a, I'm a longtime friend of Mr. Chadwick and I, I couldn't help. I enjoyed the use of that word Speaker 2 00:50:08 All. Have a good night, have a Speaker 3 00:50:09 Good night. Mr. Dacey Speaker 2 00:50:14 Item number 14, 2, 2 ZB 11 slash 12 V DF OS one. Construction Speaker 3 00:50:24 Is Mr. Bonner or any anyone from his office present Speaker 19 00:50:28 Right here. Speaker 3 00:50:30 Good evening. Speaker 19 00:50:32 Good evening, Mr. Kinneally. Members of the board. Thanks for your time tonight. As you all, hopefully remember we appeared on June 23rd when the board held its first hearing, the applicant presented its case for electrical vehicle charging stations at the Piscataway town center that use is recognized as an inherently beneficial use and a permitted accessory use in New Jersey. Excuse me, the actual project area occupies only a small percentage of the existing nine acre site clear and convincing testimony was given by the applicants professionals who were then questioned by the board and its professionals. And the comments of Township staff report were addressed at that time. The hearing was carried before it was opened to the public in order to give the property owner and operator of the shopping center. That's Kimco time to resolve open issues with the Township regarding construction of the sidewalk and restoration of some landscaping. Speaker 19 00:51:39 We're here tonight to continue with the application, the issues I would let the board know between in Township and the property owner have not been fully resolved. And the only new information we have tonight is from a representative of, of property owner who will update the board on the status of the discussions with Township regarding completion of the requested work. I also have representatives of all the professionals who provided testimony on behalf of the applicant in the event. There are any questions when this is open to the public. Before I introduce the representative, the property owner, I would like to provide some context. If this application is approved, applicant likely cannot proceed with the project. If the two open items are made conditions of approval and same would render the project economically unfeasible, I can go into a little more detail after introduce Mr. Levi Johnson, who is the regional vice president of property management for Kimco. And he will provide an update on Kim's discussions with the Township. I've seen Mr. Johnson. There he is. Mr. Cahn Speaker 3 00:52:51 Johnson just swear you in. Could you raise your right hand? You swear the testimony you're about to give should be the truth. Speaker 20 00:52:57 Yes. Speaker 3 00:52:58 Your name and address please. Speaker 20 00:53:00 Levi Johnson, 10 Cedar street, Mees New York. Speaker 3 00:53:04 Thank you Speaker 19 00:53:06 Mr. Johnson. I, I'm not going to lead you through this with questions. Why don't you just fill me in on what you've been discussing with the Township and who you've been speaking with? Speaker 20 00:53:18 I've been speaking with the town attorney, Michael and I, I actually the two open items as I recall it. And what is being told to me are landscaping, which is trees that they believe have been cut down in the past and also adding a sidewalk down Centennial avenue. The landscaping issue is being resolved any and all trees that have been removed that have died or whatever reason why they're not there. We are replanting per the original plan for the site. Those trees will be replanted. Next fall. Fall is the best time to do it. We've put the funds together. We're sourcing trees and contractors. Now we don't believe we'll be able to get in before the first frost. Therefore we are agreeing to have those installed no later than November 1st, 2023, Speaker 21 00:54:19 Joined the meeting Speaker 20 00:54:25 As, as it relates to the sidewalk and Centennial a there's, there's a few things and I've been going back and forth with the attorney. When it first and foremost, we do not have an issue installing the sidewalk. Our questions are remains is that installing the sidewalk does require moving public utilities along with D O T boxes, which we believe should not be an expense that we would take on as those are not items that we maintain further the sidewalk. If we were to install it today, doesn't lead anywhere. We currently do have full path of travel from Washington Ave through our entire site that does leap through that lot. And we have ADA path of travel for that. But by installing this sidewalk today on Centennial app, it literally stops at that light and goes nowhere. We would be willing to install that sidewalk pending the rest of these sidewalks are being developed so that the sidewalk does create path of travel down Centennial. So that's what we are asking to do. Speaker 19 00:55:36 Thank you, Mr. Johnson, if there are any questions for Mr. Johnson feel free. Speaker 3 00:55:47 So Mr. Johnson are, are you amenable to doing the, installing the sidewalks at a future time pursuant to a developer's agreement that that may not be covered by this approval? Speaker 20 00:56:01 Absolutely. Yes. Speaker 3 00:56:04 And you would be willing to condition this approval on entering into a developer's agreement with the Township of Piscataway to install the, the sidewalks within a certain period of time. Speaker 20 00:56:19 What are you, are you indicating the condition of the approval for the charging station? Speaker 3 00:56:24 Yes. Speaker 20 00:56:27 Okay. Well, we do see them as separate items, but we are willing to answer into a developer's agreement again, pending we come to an agreement on what happens with the public utilities that are in the way of such sidewalk. There are items that will have to be relocated that are actually publicly owned Speaker 3 00:56:47 And, and that's, that's outside the purview of the zoning board, but based upon the, the zoning board's professionals, Mr. Hinterstein, I would recommend to the board that if you want to vote in the affirmative on this, you condition it on the applicant, entering into a developer's agreement to put in the sidewalks at a future time Speaker 19 00:57:10 That the applicant Mr. Cahn, the applicant would be entered into a developer's agreement, the property owner would Speaker 3 00:57:18 The property that the property owner. Yes I'm. I'm sorry, Mr. Boner. You're Speaker 20 00:57:25 Again, I do not, not have an issue entering into a development agreement, but in agreeing with this, we do not have terms of the developer's agreement. So I am, I would affirm to agree to one, but I would like to discuss the terms Speaker 3 00:57:40 And I would recommend, I, I spoke to Mr. Clarken today, who is one of the, the Township attorneys he has reached out to your organization. I don't know, to whom in particular, several days ago. And he's awaiting a return call. I know you talked to Michael, I assume you're talking to Mr. About Mr. Baker. Yes. Mr. Clarken has also been involved in this. You may want to reach out to Mr. Clarken because he, he actually reached out to your organization to discuss this issue several days ago and he's awaiting return call. Speaker 20 00:58:21 Okay. I'm unaware of that. And typically I get looped into any such calls. So I guess I can reach out to Mr. Clark and Speaker 3 00:58:30 Yes. And, and if, if you call the Township office, they can put you in touch with him. Speaker 19 00:58:38 Okay. Levi, anything further, Speaker 20 00:58:41 Nothing further. Speaker 19 00:58:43 Thank you. What, what I'd like to clarify what the applicant is requesting if this matter is that the sidewalk and the landscaping, not the conditions of approval imposed on the applicant and the board Cahn respectfully consider leaving them out. If they're unwilling to do that, at least have the resolution language recognize that they're the property owners' obligations and not the applicant's responsibilities as Mr. Cane just said. And what we would hope is that in the interim, while the property owner is working out the details of his arrangement with the Township that the applicant be permitted, obviously once the appeal period expires to pursue building permits and a certificate of occupancy, if that's necessary for opening his facility at this site. Speaker 3 00:59:37 Well, I think what I'm hearing, I would recommend to the board that if you wanted to act in the affirmative on this, you would condition the approval of the electric vehicle charging stations on the entrance, into a developer's agreement by the owner to install the sidewalks and other related improvements. And, and I understand this honor, you don't want the board to do that, but that is my recommendation. Speaker 19 01:00:12 I apologize, but I need for you to repeat that you were breaking up. We can't, Speaker 3 01:00:16 Oh, I'm sorry. I Speaker 19 01:00:17 Don't know if anybody else had that problem. Speaker 3 01:00:19 And, and no, we all have that remotely. My recommendation to the board is that if the board wants to act in the affirmative on this and vote in the affirmative for the electric vehicle charging stations, that you condition this on the owner entering into a developer's agreement for the installation of the improvements, including the S Speaker 19 01:00:48 And I guess I would just hope that some flexibility can be built into this. So the applicant can make a decision whether to proceed or not. You know, they've put in a lot of time and effort into this. You know, we took that almost a two month hiatus tempted to resolve this issue. And I think that shows a lot of good faith on the part of the applicant, as well as the property owner and that as I stated, and I would hope the board would take consideration of this, that they'd be allowed to once the appeal, you know, that the property owner works diligently to enter into a developer's agreement, whatever the outstanding issues are with the Township and that the applicant be permitted to apply for his building permits, do his construction work and, and get a co even if that co is temporary and, and also conditioned upon the developer's agreement. In other words, allow this to continue kind of on track with the property owner, working with the Township, Speaker 3 01:01:54 Ordinarily any conditions of an approval have to be satisfied before you can get your permit. Speaker 19 01:02:02 Understood. I'm asking for consideration that maybe the condition could read that the property owner continues to diligently pursue an agreement with the Township, because it sounds like there are, are potentially significant issues. We could be, you know, waiting a substantial period of time. Before I I've worked with utilities before, you know, we have a project in Fanwood where we've been waiting on Verizon for about a year and a half to make up their minds about what they're going to do with their underground cables. I would hope that wouldn't take as much time now, but I think that's a consideration that I hope the board takes into account. So this small project on this site can move forward. It's, it's a beneficial use. Everybody's trying to put these things in New Jersey and we're trying to do our part, our part. Speaker 3 01:02:51 Yeah. I, I, I just wanted say to the board that if you condition this on the owner, working diligently with the applicant, it doesn't necessarily guarantee that that condition will ever be solved. So it ordinarily, if you condition something, it has to be done before they can get their permit. Speaker 19 01:03:14 I, I appreciate Mr. Kennel's opinion. I think I've, I've said my piece. We don't need to reiterate. And I would just say that the applicant is doing their best to work with the Township and the property owner to come to a solution that makes everybody satisfied. Thank you. Speaker 3 01:03:35 Okay. Mr. Potter, do you have anything else? Speaker 19 01:03:37 We, we, you know, I just want to also say again that, you know, we have representatives of all the professionals here tonight. If there are any questions from the public, I know we went through board questioning and they went back and forth with your professionals, but they're here in the event. There are questions from the public. Speaker 3 01:03:57 Thank you, Mr. Chairman, if, if the board has any questions now, if the time, if the board doesn't not, we should open it to the public. Speaker 2 01:04:04 Okay. Speaker 17 01:04:05 I have one Chairman. There was a sign shown on the sheet. My notes from the last hearing does not indicate, are you gonna put a freestanding sign up for this facility? Speaker 19 01:04:17 No, I, I think what, what the testimony was last time is that that's an existing sign for the center and, and there are no new sign. Speaker 17 01:04:29 I, I did, I guess I didn't catch that. Sorry. Speaker 19 01:04:32 It's alright. Maybe you should do more reconnaissance. Speaker 17 01:04:34 So there's no new sign. Speaker 2 01:04:39 Thank you, Mr. Chadwick, are there Chadwick from the board? I had a question and the question was related to the, the charging units. Will it be any way to visually buffer the charging units from south Washington as people drive up and down and walk along south of Washington? Can we buffer that, that I don't, the conversation that you've had about, Speaker 7 01:05:08 I was, that was one of the, of the comments that I had made originally. And I think they have to work with me on providing adequate buffering of Speaker 22 01:05:17 Charging stations. Speaker 19 01:05:18 I think, I think, I think the wording used was very various plantings or very a variety of plants. Speaker 2 01:05:26 Oh, that's part of the Speaker 19 01:05:28 Conditional Speaker 2 01:05:29 Agreements. Speaker 19 01:05:29 We, we show landscaping around, around the units that are being constructed and think it was left, open to work with Mr. He's team to come up with something that everybody's happy with. Speaker 2 01:05:40 Yeah. I recall that the, the greenery around the major pieces, but I didn't remember anything about the standalone there questions, the hearing, none. I would like to this, to the public. Are there any questions or concerns from the public you muted, Laura, Laura, you muted. Speaker 1 01:06:05 I got it. Gimme a minute more. Brian rec, sorry. Speaker 22 01:06:09 Yep. Brian rec 1247 Brookside road. Speaker 3 01:06:12 Mr. Rec, could you raise your right hand? Yep. You swear the T you about to give the truth. Speaker 22 01:06:16 Yes. Speaker 3 01:06:17 Thank you. Speaker 22 01:06:18 I'd just ask, is there any way that a sign can be put on that corner near Applebee's just like a regular street sign pointing to the chargers that turn in that right turn in from south Washington can be a little tricky. And I'm just worried about people like turning in then immediately stopping because they don't know where the chargers are. Speaker 19 01:06:37 That was not part of the application. But if Mr. Kelli wants to add that to the resolution, the applicant would be willing to work with some directional signage on site that would violate the ordinance. Speaker 22 01:06:51 Okay. Yeah. I'm just, it's just that the turn is scary sometimes. That's all I had to say, but thank Speaker 19 01:06:55 You. Sounds are very finicky about signage, so Speaker 22 01:06:58 Sure. I understand. Speaker 19 01:06:59 We don't wanna create more variances. Thank Speaker 1 01:07:05 You. Speaker 2 01:07:05 Any other questions from the public Speaker 3 01:07:07 Work on, Speaker 2 01:07:09 On Speaker 1 01:07:10 No one else Speaker 2 01:07:11 Like to close the public section of this, of this variance. I prefer not to make the motion. I don't wanna paraphrase what Mr. Cornelia has said. Mr. Cahn, can you restate it? Speaker 3 01:07:26 Yeah. My, my recommendation to the board is based upon Mr. Stein's report and his testimony that if you vote in the affirmative on this, that you condition that on the owner of the property entering into a developer's agreement requiring the installation of sidewalks and the other improvements required by Mr. Hinterstein and that developer's agreement would set timeframes for that to be done. Speaker 2 01:07:58 Thank you. So I like to make a motion that we accept this with the conditional property owners development arrangements, as stated by Mr. Kime. Can I get a second, Speaker 3 01:08:16 Mr. Weisman? Could I, before you get a second, are you interested? I'll pursuing the directional signage as requested by Mr. Perhaps you should ask Mr. Hinterstein if he's in favor of that, Speaker 2 01:08:32 Mr. Hinterstein, do you see a problem with putting up the additional signage, Speaker 1 01:08:35 Directional Speaker 7 01:08:36 Signage, directing vehicles who, where these EV stations may be, could be done within the ordinance? I wouldn't. I think, you know, if you wanted to include that, that, you know, directional signage and conformance with the Township directional signage ordinance, and I believe that's, you know, it's a typical, you know, two square foot, you know, three square foot sign directing somebody on a, on a typical, you know, signage post that you would see for, let's say, handicap parking sign, or a speed limit sign one, one of those type posts with a small directional sign. I, I don't see any issues with that. And I think would Cahn comply with directional signage? It would just have to be pointed out and approved by the Township. I don't necessarily think it would cause any variances. You could strictly stipulate as condition that, you know, it directional signage would be worked out between the and the applicant. Speaker 19 01:09:45 I would, I would add Mr. Cahn, that it'd be subject to the property owner's approval as well, since it's it's their site. Speaker 2 01:09:58 Mr. Dacey. Is that okay? Speaker 3 01:10:02 Yeah. If that's the board's preference and if you want to add that to your motion, you can certainly do that. Speaker 1 01:10:07 Okay. Speaker 2 01:10:09 So I would like to add that to the motion that the property owner works with the Township to determine the appropriate signage indicating the power stations, the charging stations. Speaker 3 01:10:27 Okay. So that the, the application by Mr. Weisman has been amended. We need a second on that. A second. Speaker 2 01:10:37 Who? Second it Speaker 1 01:10:39 Arty. Speaker 2 01:10:40 Okay. Thank you. Will the clerk please take the role Speaker 1 01:10:44 Mr. Tillery? Speaker 3 01:10:46 Yes. Speaker 1 01:10:47 MRIO Speaker 2 01:10:48 Yes. Speaker 1 01:10:48 Mr. Dacey. Speaker 3 01:10:49 Yes. Speaker 1 01:10:50 Mr. Hey DACA. Speaker 3 01:10:53 Yes. Speaker 1 01:10:54 Mr. Mr. Mitterando. Yes. Vice Chairman Weisman. Speaker 2 01:10:58 Yes. Speaker 3 01:11:00 Mr. Bonner, we will prepare a motion consistent with the board's findings and send that to you after our next meeting. Speaker 19 01:11:07 Thank you. Speaker 2 01:11:12 Thank you. Have a good night. Speaker 3 01:11:15 You too. Thanks for your, for your time. Speaker 2 01:11:19 Item number 1522 dash ZB three certificate of nonconformity Speaker 3 01:11:30 Is Mr. Sullivan present? Speaker 23 01:11:32 Yes, I am. Speaker 23 01:11:35 Good evening. My name's John Sullivan. I'm an attorney with the offices of vest in Sullivan, and I represent the applicant, Lori Seve. She is the owner of this particular piece of property, which is located at 1916 west seventh street. The property is fully improved with a two-story two family dwelling, a shed, and some related site improvements such as a driveway, the properties located in the R 7.5 zoning district, which as you know, allows single family homes as a principal permitted use, but does not allow two family dwellings the application before you tonight is for the issuance of a certificate of nonconformity pursuant to NJS a 40 55 D dash 68, with regard to the use of the property as a two family dwelling in connection with our application, we had submitted the municipal tax records, the property deed site photographs, construction permit, a survey and floor plans we have with us tonight, Kevin Sevi, who is miss Seve's husband, also the, the property manager and has a background in construction. So if I could, I would begin with Mr. Sevi, Speaker 3 01:12:52 Mr. Sevi, are you present? Speaker 23 01:12:57 You're muted, Speaker 3 01:12:59 Mr. Sevi, are you present? Speaker 23 01:13:03 He is there. He, I can see him. He appears to be muted though. Speaker 3 01:13:07 Mr. Could you unmute? Speaker 1 01:13:11 No, he's driving. Speaker 3 01:13:15 Mr. Could you pull over and unmute? Speaker 1 01:13:21 We lost he's Speaker 24 01:13:28 Can hear me now. Speaker 3 01:13:29 Yes. Is that Mr? Speaker 24 01:13:32 Yes. Yeah. Can you hear me now? Speaker 3 01:13:34 We can. Could I have your name and address please? Speaker 24 01:13:39 You can hear me. I can't hear you. Hold on. I'm not driving. Speaker 3 01:13:43 Can I have your name and address please? Speaker 24 01:13:46 Oh, hold on. Try again. Speaker 3 01:13:50 Can I have your name and address please? Speaker 24 01:13:53 Kevin Sevi nine Willow woods trail, Warren, New Jersey. Oh 7 0 59. Speaker 3 01:13:59 Mr. Seve, could you raise your right hand? Do you swear the testimony you're about to give, be the truth? Speaker 24 01:14:12 I do. Speaker 3 01:14:13 Thank you. Put your hand down. Speaker 23 01:14:18 Okay. Mr. Sempra, your wife is the owner of the property located at 1916 west seventh street. Speaker 24 01:14:25 That's correct. Speaker 23 01:14:27 And how long has she owned that property? Speaker 24 01:14:31 Approximately six or seven years. Speaker 23 01:14:34 And that property was purchased from a, a, a mortgage company or a bank after a foreclosure. Is that correct? Speaker 24 01:14:42 That is correct. Speaker 23 01:14:44 And prior to purchasing the property, did you have the opportunity to visit the site? Speaker 24 01:14:49 I did. Speaker 23 01:14:50 And was it set up as a two family dwelling at that time? Speaker 24 01:14:54 It was. Speaker 23 01:14:55 And were there any tenants or occupants at that time? Speaker 24 01:14:58 Not at that time. Speaker 23 01:15:01 And based on, on everything that you saw, did you believe that it was a two-family dwelling at the prior to the time of purchase? Speaker 24 01:15:09 Yes. Was inclined that it was a two-family. Speaker 23 01:15:14 Okay. Now, as part of the application, you submitted a survey dated August 11th, 2021. And that shows the, the house, the shed, as well as the driveway were all of those improvements there at the time you purchased the property? Speaker 24 01:15:31 Yes. Speaker 23 01:15:33 And they're all, they all still remain there. Speaker 24 01:15:35 That is correct. Speaker 23 01:15:37 And the, the survey does show parking capabilities. Could you explain to the board the number of cars that can, can be parked on the site? Speaker 24 01:15:47 It is a long driveway, approximately 80 to 90 feet long with parking to the right. Also it can accommodate six to eight cars. Speaker 23 01:16:01 And you also prepared a, a set of hand drawn floor plans, correct? Speaker 24 01:16:07 That's correct. Speaker 23 01:16:09 And that shows each of the two units? Speaker 24 01:16:12 It does. Speaker 23 01:16:13 And could you just walk the board through, through the layout of each of the, each of the units, Speaker 24 01:16:21 The, they both comprise of two bedrooms, front door opens up into family room, goes into the kitchen to the left is both bedrooms on the first floor on the second floor, goes up through the side door entrance up the stairs, goes into a living room, kitchen combo with two bedrooms and of course a bathroom. Okay. Speaker 23 01:16:52 And you also submitted a number of, of photographs, both of the exterior in interior. Were those photographs taken by you? Speaker 24 01:17:03 They were taken by one of my, my, my men that worked for me. Speaker 23 01:17:08 Okay. They and did depict the site as it existed, essentially at the time you bought the property as well as today. Speaker 24 01:17:16 Oh yes, they did. Speaker 23 01:17:19 And the purpose of those photographs, do those photographs show that each unit has its own separate entrance. Speaker 24 01:17:28 Each unit has its own separate entrance, has its separate utilities, including gas, electric panel, electric heaters, furnaces, water heaters, water meters. So essentially it is, has, and has been set up as a two family for a very long time. Speaker 23 01:17:54 And the, and some of the photographs you took, I think showed the, that there's two meters, I believe for gas electric. And is that correct? Speaker 26 01:18:13 I didn't hear the answer. Can you repeat that please? No, I did. I didn't hear you. You didn't either. Speaker 24 01:18:17 That's that is, that is correct. Speaker 23 01:18:22 And we also submitted municipal tax records and those tax records indicate that the, the home was built in 1918. Is that correct? Speaker 24 01:18:33 That is correct. Speaker 23 01:18:35 And it lists the, the type and use and the style as a multi-family two story. Is that correct? Speaker 24 01:18:45 That is correct. Speaker 23 01:18:47 Okay. And since you've owned the property or since your wife has owned the property, you've done some work to the property in connection with that you applied for a permit number 2, 1 9. Is that correct? Speaker 24 01:19:04 That is correct. Speaker 23 01:19:06 And that was to replace two water heaters and two air conditioning units. Speaker 24 01:19:11 Yes, sir. Speaker 23 01:19:13 And was that work performed? Speaker 24 01:19:16 That was that's completed. Speaker 23 01:19:19 Now you have a, you have experience in, in property ownership as well as a background in construction. Is that right? Speaker 24 01:19:30 That is correct. Speaker 23 01:19:31 And could you briefly describe to the board that, that background in construction, Speaker 24 01:19:38 What we have a construction company that performs everything from basic remodels to new home construction. We own over 40 properties comprised over of single family to 20 unit properties from Plainfield to Flemington the compromises over 110 doors or units. So I've been doing this for 25 years now, successfully flipped and built over 40 homes in the area and still to this day, do the same, do the same work. Speaker 23 01:20:28 Okay. And based on your experience, are you able to share an opinion with the board as to whether this property appears to have originally been built as a two family? Or was it converted at some point in time from a one family to a two family Speaker 24 01:20:46 Was my belief belief that it was a, that it was built as a two family, just from the configuration. The, we did not do any serious renovation in it just made majorly paint and whatnot, but anything under the sink, it has old piping. It has some older electrical that leads me to believe that the it's been existing for a very long time. Speaker 23 01:21:17 Okay. Thank you. That's all I have for Mr. Simp. Viv. Speaker 3 01:21:21 Let me ask one question, Mr. Sullivan, you referenced the document that indicated the building was built in 1918. Speaker 23 01:21:31 Yes. Speaker 3 01:21:32 And you indicated that document and, and I, and, and if I'm misstating this, please tell me stated that it was a multi-family two story. Speaker 23 01:21:41 That is correct. Yeah. That is the, the municipal property tax card that we obtained through an Oprah request. And I may have misspoke. It says year built 19, 19, not 1918. Speaker 3 01:21:54 Okay. 1919. And, and that property record card is part of the application package that you submitted. Speaker 23 01:22:00 Yes, it was. Speaker 3 01:22:01 And where does that indicate that it's multifamily Speaker 23 01:22:05 Under building information? It says type and use multifamily story height, two story style. Multi-family Speaker 3 01:22:14 Thank you. Those are all the questions I have. Mr. Chairman, Speaker 2 01:22:30 Are there any other witnesses you, that you have Mr. Sullivan? Speaker 23 01:22:34 No, that is all Speaker 2 01:22:36 I'd like to open this up to the board. Well, first let ask Henry. Speaker 7 01:22:42 My first question is, is you referenced that card. It talks about it being 1918 multifamily. Isn't that just a current card? What year was that record card Speaker 23 01:22:53 That I can't tell you? This is, this is what we obtained through our Oprah search. You know, looking at at that, it looks like the tax office in any event recognize it as a two family. And then the construction permit that was issued was for two separate water heaters in two separate air conditioning units. So it appears that the construction department recognized it as such as well, Speaker 7 01:23:23 Just to give the board a little background, the tax office goes out, they look at a property. If it's a two family, they assess it as a two family, no bearing, unless this goes back, unless there's a tax court, that's provided that takes it back to prior to zoning, that sort of provides evidence then that it was preexisting prior to the zoning taking place that made two family homes prohibited, but because there's a current tax card that may state that it's a two family home, which means that, you know, assessing has been going out, it's shown as a two family. Now, if you from be 19 50, 1 or 55 tax appraisal card, that said multifamily, then I could say, well, you know, that's probably been preexisting back to that, but just because a current tax card says, two family just means just go out tax office, isn't responsible for whether it's legal or, or not legal, or whether it was legally converted. Speaker 7 01:24:32 They just go out and tax what they say. And as far as the pulling department and permitting, I believe certain permits do not require zoning permits to be applied for. So replacement of issue, compressor or hot water here, I don't believe requires a zoning permit to be secured along with that permit. So there's a good chance. Again, the building department sees a replacement of a, of a apparatus of the home or mechanical unit. If it's something that doesn't typically require a zoning permit, frontier change, the zoning department wouldn't really make a comment on it. And I don't think the building department would as well, but I'll leave that for that one for another day. Is there anything that you have that shows that this property is continuously used or, you know, at least close to the time of 1953? Is it two family? Speaker 3 01:25:37 Yeah. There, there should be a series of property record cards that are available. Speaker 23 01:25:42 You know, I, I specifically, if memory recalls, I had specifically requested that and I don't think they were, the tax office was able to provide me with anything other than what they've, what they've provided. I would certainly be happy to go back to the tax office and make that inquiry again and see if there's anything further that they can provide. And we would be able to produce that at a subsequent hearing, Speaker 3 01:26:10 Mr. Chairman, I would have to recommend to the board that you asked Mr. Sullivan to do that. In other cases that we've had before the board, that the Township has provided property record cards, that show how the Township viewed this property. Over the years, Speaker 17 01:26:26 I have a suggestion I sent report out dated may 19 suggested you look the census, the census in the forties list, the people that lived in the apartments, a cases where they produced that type of information to verify search there. Speaker 23 01:27:05 Yeah, we did. We did run a title search and the there's nothing in the deeds or the chain of title that speaks to whether or not this is a one family or a two family. We did attempt an online census information. And again, there's nothing that came back specifically that led me to one way or the other, you know, be able to make that determination. Again, it's something we can look into further, but so far we have not been able to come up with anything definitive, Speaker 2 01:27:39 Mr. Sullivan, this is Steve Weisman. I, I would like to recommend that you go back and do the due diligence. You suggested to see if you can find the property record cards in question, because the board historically does not vote against our consultants, Henry and, and John, we table this at this point. Speaker 23 01:28:06 Yes. If we could, Mr. Chairman, and you know, perhaps we could carry this. I was gonna say September, but to be safe, maybe to the October meeting, allow me the, the time to see if I can come up with anything further. Speaker 1 01:28:21 That's October 27th and Mr. Sullivan, you will need an extension of time. So I will send that over to you. I will email. Speaker 23 01:28:29 Yes. And for the record, we'll obviously agree to an extension of time. Speaker 3 01:28:33 So anybody here on the application carried October 27th, 2022 with no further notice by the applicant. The only notice you're receiving is announcement here tonight. Speaker 2 01:28:49 Thank Speaker 1 01:28:50 Thank you. Speaker 23 01:28:52 Thank you. Speaker 2 01:28:54 Thank you. Speaker 23 01:28:55 Goodnight everybody. Speaker 2 01:28:56 Thank you. All Speaker 17 01:28:58 John Speaker 23 01:29:00 Goodnight Speaker 2 01:29:01 Item 17 adoption of resolution from the regular meeting. July 14th, 2022. Speaker 3 01:29:08 Before I call the resolutions, I will say I do not have the, the representative of who was present at the last meeting. So I'm gonna call everyone who was here tonight. If you are not present at the last meeting, please vote absent or vote absent on, on the resolutions. The first resolution is Christine Spangler and Marcello. Mr. Tillery, absent. Mr. O'Reggio. Speaker 1 01:29:40 We can hear you, Jim. Speaker 3 01:29:42 Mr. O'Reggio Speaker 2 01:29:45 Abstained. Speaker 3 01:29:47 Mr. Blount, Speaker 2 01:29:48 Absent. Speaker 3 01:29:50 Mr. Dacey. Speaker 1 01:29:54 Mr. Dacey Speaker 3 01:29:57 Present. Mr. Mitterando this present Mr. Weisman? Speaker 2 01:30:05 Yes. Speaker 3 01:30:07 Okay. Next application, James Fuller, which you voted to approve. Mr. Dacey. Speaker 1 01:30:16 He can't hear you, Speaker 3 01:30:18 Mr. Haka. Speaker 1 01:30:20 We're doing resolutions already. Speaker 3 01:30:26 Mr. Haka on the fuller application. Yes. Present. And is that in favor of the resolution? Yes. Mr. Mitterando. Yes. Mr. Weisman. Speaker 2 01:30:39 Yes. Speaker 3 01:30:41 Next is stellar Lee. This application was approved. Mr. Haka? Yes. Mr. Mitterando. Yes. Mr. We, Speaker 2 01:30:52 Yes. Speaker 3 01:30:53 Next is N Y SMSA Verizon wireless. This was an application for interpretation, which you approved Mr. Haka? Yes. Mr. Mitterando. Yes. Mr. Speaker 2 01:31:05 Weisman. Yes. Speaker 3 01:31:06 Last is Kings bridge, 2005, LLC, which voted to approve Mr. Dacey. Mr. Mitterando. Yes. Mr. Weisman. Speaker 2 01:31:16 Yes, Speaker 3 01:31:17 Those, those are all the resolutions have tonight. Speaker 2 01:31:20 Number 18 on the agenda. Adoption of minutes from the regular meeting of July 14th, 2022. All those in favor. Get a motion for adjourn for adjourn. Everyone, everyone be well, Speaker 1 01:31:45 Everyone guys, ladies.