Transcript for Piscataway Zoning meeting on October 28 2021


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Speaker 0     00:00:00    You've already Mr. Chairman. Okay.  
Speaker 1     00:00:04    Zoning board of adjustment, being able, please come to order. Adequate notice of this meeting was provided in the following ways. Number one notice published in the courier news, but to no notice published on the Bolton board of the municipal building. Number three notice made available to the township clerk. Number four notice sent to the Korean news and the Star-Ledger will the clerk please call the role  
Speaker 0     00:00:25    Mr. Zimmerman. Mr. Tillery. Mr. Weisman.  
Speaker 1     00:00:33    Thank  
Speaker 0     00:00:34    You Mr. Reggio. Mr. Blount, Mr. Patel, Mr. Mirando, here,  
Speaker 1     00:00:46    Here, will everyone please stand for a salute to the flag, the flag of the United States under God, indivisible, the chameleon changes to the agenda this evening.  
Speaker 2     00:01:10    Yes. We have two changes to the agenda. The application of Leonardo and margarita faulty five 10 William street will not be heard tonight. It will be postponed until November 4th, 2021. Receive notice. There will be no further notice just to sit down, although they do have to notice the residence of the middle Middlesex borough. The second change is Lauria landscaping. That will be postponed until, uh, November 4th with no further notice by the applicant. Those are all the changes that I have.  
Speaker 1     00:01:39    Thank you, Mr. Chameleon, Laura, I'm working off the, um, it's one of the earlier copies of the copies rather of the agenda. So if I'm off, please, correct me. I'm going to start with item number. I know you will. I'm gonna start with item number 5 21 dash ZB dash 62 8 Robin shepherd,  
Speaker 2     00:02:01    Robin shepherd.  
Speaker 3     00:02:03    Yes, that's me.  
Speaker 2     00:02:05    Okay. I need to swear you in countries, your right hand. You swear the testimony you're about to give shall be the truth.  
Speaker 3     00:02:12    Yes, I do. I'm sorry, Robin shepherd, 180 1 Lakeside drive north Piscataway, New Jersey, 0 8 8 5 4.  
Speaker 2     00:02:26    Explain to the board when you would like to do here.  
Speaker 3     00:02:29    Uh, we would like to fence in our backyard, um, because we have a new dog and we'd like it to be able to run around and be safe. Um, we provided, we're putting in a six foot vinyl fence with right now, four gates, um, two that are near the house front and back. And then, uh, two, that would be five foot. That would be a 10 foot opening to provide access to the lake and the backyard for, um, trucks and other vehicles. Should the need arise. And anything else you need? Uh, do you want me to expand on that or,  
Speaker 1     00:03:18    Well, Mr. Chairman, you may want to talk to Mr. Henry Henry. Do you have any comments about this or any site impact?  
Speaker 4     00:03:28    Yeah, I mean, there's a few comments and, and as, uh, I think, uh, the applicant is already mentioned in her, in her application that the easement really doesn't line up with the current pave walkway that exists. So, um, I think it makes sense that she worked with the township perhaps to have the easement, uh, relocated so that it's more consultant, a little bit further off of the proposed fags and it doesn't actually even need to then cross the, uh, the easement. Um, it makes more sense that that easement be relocated, uh, where the path is. Cause obviously that's the, the, uh, uh, I guess the, the route that the township goes and maybe that was the Mo made the most sense, uh, so that it fell in between, uh, I think, uh, the driveways that exist on that, that corner, um, between her and her neighbors properties.  
Speaker 4     00:04:24    Um, so that being said, um, obviously I don't have an issue with the easement. You just have crossing the easement. You just have to understand that if the task or wherever it need to gain access to that easement, that you'd be responsible for any costs associated with the removal and the replacement of the fence. But, um, I think what we should suggest is that, you know, we could give the, the variance are you guys, I think could, um, look upon the variance, um, favorably, but I think I would condition it upon the applicant trying to work with the township to actually have the easement relocated. And that's something that the township would do all the engineering for. It would just be something that you would just have to sign off on and say, yeah, I have no problem with that. It makes sense for the easement to be where the walkway is and not sort of, like you said, through the three-year property where the walkway isn't.  
Speaker 4     00:05:21    So, um, that being said, um, the only other concern I had is on the opposite side. Um, you know, you're very close with the existing concrete walkway and the fence to the property line is cut. Understand that the fantastic be on your property line. So if that means your, your walkway is right up to the edge of that property line, then you're going to have to remove concrete or cut through the concrete to make sure that your fence is not over the property line. So obviously we only can approve your fence to be on your property. So if you have an in a way, then you're going to have to remove it or modify it so that it is solely on your property.  
Speaker 3     00:06:03    There aren't any obstacles. Um, and, uh, the contractor knows that he will be putting footings in that cement. Um, you know, just because we do have a raised bed there, so we have to keep it, we can't move it off of that because the rays that'll will be in the way. And then, so if we keep it on the, uh, cement and it'll just come right up against the house.  
Speaker 4     00:06:31    Yeah. Like I said, as long as it's on your property, if you have to, like I say, for through this man, um, to get the posts in that, that's what you would need to  
Speaker 3     00:06:39    Do. Yeah. He knows that. Okay.  
Speaker 1     00:06:43    Okay. Ms. Shepherd, are you okay with the conditions Mr.  just laid out there about working with the engineers in our township?  
Speaker 3     00:06:50    Yes. Um, I I'm just curious is, um, like, is that a lengthy process? I think because I know that for the duration of the time that I've lived here, which is 30 years and previous to that, that easement has never needed to be accessed by the town. You know, anytime the town uses, they use the paved walkway, they paved it. Actually,  
Speaker 4     00:07:13    I believe that pave walkway goes, doesn't it that pay walkway still go through your property.  
Speaker 3     00:07:19    Yes. It's the opposite. Yeah. On the opposite side, which is not a problem, we really don't use that other side.  
Speaker 4     00:07:25    Right. But it's still your property. So again, what we'll do is my recommendation is we'll, we'll give you the variance, the cut through the easement. So even if it's temporary, you can get going with your fence once the resolution's adopted. And it's just conditioned upon working with the township to get the easement relocated to its proper condition. Once we relocate the easement to the proper location, really then the variance becomes sort of no invoice because you're not in the easement anymore. But, um, so we'll slow you down. But I think in the end, it's going to help everybody because we'll get the easement in the right location, um, prevent that conflict with your friends.  
Speaker 3     00:08:05    Yeah, because I was actually quite surprised when I looked at the survey and saw that most of the driveway doesn't belong to us. I was like, oh, good thing. We, that the driveway was already there when we bought the house. So this would have been a bit of a surprise.  
Speaker 1     00:08:22    So you'll work with us then. Great. Um, any other members of the board have any questions for this applicant? What's application?  
Speaker 3     00:08:30    I have a question. Can I ask the question? Um, I saw on, um, the notice form that I had to send to my neighbors in the newspaper. It says here, um, required 35 foot front yard setback. And then it says proposed 30 foot front yard setback, existing. However, the distance from the curb to where the gate would start is actually just under 52 feet. The house is about 31 feet, uh, from the, uh, street. But the fence doesn't start until almost 52 feet. It's like a couple of inches short of that. So I'm not sure what that is. And then it's, um, um, that, that's my question is like, is that an error or is that just a misunderstanding?  
Speaker 4     00:09:33    Now you understand that the property line is 10 feet behind the curb line, correct?  
Speaker 3     00:09:40    10 feet behind the curb line.  
Speaker 4     00:09:42    Yeah. So the curb lines, not with the measure to, they measure it to the property line  
Speaker 3     00:09:50    Almost 42  
Speaker 4     00:09:51    Feet. So yeah, whatever the distance is to the property longer distances they use for variances and for conformance to zoning requirements. So just trying to find that particular  
Speaker 0     00:10:06    Henry, was that for the house or was that for the fence? Is the house non-conforming?  
Speaker 3     00:10:14    Um, I guess so the house was existing though. It was  
Speaker 4     00:10:17    Non-conforming cause I'm  
Speaker 0     00:10:19    Looking at Dawn's report.  
Speaker 4     00:10:21    I believe the report was for the house. Yeah. It's not for the fence. You're right. The house was supposed to be 35. It's 30. So your fence is conforming. It's strictly the, the existing home. That's not conforming. So we're just basically giving you all the variances for all the preexisting conditions that exist on your property that are  
Speaker 3     00:10:46    Okay. No problem. Not a problem there. I just didn't understand that, but that's fine.  
Speaker 1     00:10:52    Okay. It was clerical. I hope it was cleared up. Anyway. Any other members of the board have any questions hearing none. I'm going to open it to the public. Anyone in the public portion of any questions about this application, saving or comments about the application comments?  
Speaker 5     00:11:08    Hi, this is Chris Tennyson. I'm the president of the lake Nelson improvement association.  
Speaker 1     00:11:14    Mr. Dennison, could you raise your testimony?  
Speaker 5     00:11:20    Yes. Uh, 1 0 7 Lakeside drive, north Piscataway.  
Speaker 5     00:11:31    Okay. So I'm president of the lake Nelson association and we, um, are responsible for the, uh, for like Nelson for taking care of the lake for doing maintenance and operation of the Nelson dam, which is adjacent to, um, to Robin's property. Um, so we have deeded access, um, to provide, um, maintenance and also to operate the, um, the gate, the sluice gate that raises your lowers the lake level. So we need to access to that. So, um, what we would ask is just that we have a fence, um, with our lock on it. Um, so we have access to it whenever we need it. Uh, we would notify the homeowners, you know, Robin and prevention we were coming, but, um, but we would need access whenever we, whenever the state tells us we have to lower the lake or whenever there's a big storm coming. Um, or what have you, other reason that we need to go up and do a maintenance in that area. So w when we ask is that we have a, a gate in the area near the, uh, near the dam that, uh, we can lock and then access whenever we need to get in.  
Speaker 3     00:12:44    Can I answer? Yeah. Um, we, uh, spoke to the company that we're ordering the fence, the whole fence from, and, um, we may have the ability to get an additional four foot gate. Uh, we're trying to see how much longer it would take to get a, the additional posts that we would need, um, and where we notified the contractor or the landscaper who is going to put it in, um, to give us an updated estimate for the additional work. Uh, we don't have a problem with having, um, another gate, as long as it doesn't hold us up for months, because I mean, quite honestly, we started ordering this fence back in may when we were only going to do a little dog run on the opposite side and we applied for a permit, but then, um, we realized, okay, this is ridiculous. We just need to do what we need to do here to make life a little easier. And, um, so  
Speaker 4     00:13:54    The, the gate that you are proposing there on the side, what size gate was,  
Speaker 3     00:14:00    Um, right now they're all five foot, but that might have to go down to a forefoot since we have to go onto the concrete. So we are, um, we ordered, we asked him to order two, four foot gates because we will have, we will have four, five foot gates in total, right? The, the 10 foot opening and then the two, five footers. But just in case we have to go to a foot gate there on the side of the house, we ordered another four foot gate. And then we asked for the additional four foot gate to be able to, um, put it closer to, uh, the lakefront versus request,  
Speaker 4     00:14:39    Because the marks that you show on your plan are pretty far apart. So was that the double gate that you  
Speaker 3     00:14:45    Yes. That right there where I'm on by, on the easement? Yes. Yeah. It's a double gate so that we could allow trucks in, like we said, in the application, in case the township needed to come in or we needed dirt delivered or something,  
Speaker 4     00:15:00    Does it make more sense to slide that gate further back so that it helps with the access from the lake Nelson? Um,  
Speaker 3     00:15:09    Um, yeah, I mean, it can, it can very easily be done that way. It's  
Speaker 4     00:15:13    Because your, your back of your line's not fenced off. Correct.  
Speaker 3     00:15:18    I had a lake, right? No, no.  
Speaker 4     00:15:22    You gave us further back. They could access that gate via the wa paved walkway. Um, and then, you know, a little bit closer to the bridge. And I think that should satisfy everybody.  
Speaker 3     00:15:35    Yeah. I mean, we'll were willing to, um, you know, do whatever we can, it's just a matter of what can get ordered and, uh, when can it get here and then the additional posts that we'll need. So, um, it'll, you know, we are working with that and we also have not figured out what kind of locks that we're going to get, but, uh, we will definitely provide the like Nelson association with, um,  
Speaker 4     00:16:01    Mr. Camilli, correct me if I'm wrong. I don't know if we have the ability to enforce any type of association rules. I think they have to work that out with these association. Um, as far as the, you know, access that they're required to provide the, the association, um, you know, we're not privy to any of that stuff,  
Speaker 3     00:16:24    Chris and my husband and I already spoke. And when we were on the same page,  
Speaker 2     00:16:29    It sounds like the applicant and the lake Nelson association agreed, uh, that the association wouldn't be given access through and lock the gate.  
Speaker 5     00:16:41    And the only, the only issue that we have is not with Richard Robyn, but if whoever takes over the house down the road say, um, maybe they're not going to be so accommodating. So that's why we wanted to have a gate that we had to lock our lock on. We control versus, you know, the homeowners having the gate under their control and could lock us out. So again, it's not an issue now, but it could be an issue, you know, 20 years from now. So that's kinda what, we're why we asked for a separate gate. And I understand your situation, Robin, where you're, you know, you've got material on order already, and it's maybe hard to, um, to make changes, but that puts us in a little bit of a bind because we end up if we didn't, if the locks not on the outside and it's our lock, um, we could get locked out, you know, we could be in trouble.  
Speaker 2     00:17:30    Well, as Mr. Henderson hinted a moment ago, um, this word really doesn't have the, uh, jurisdiction to protect the association. You may have to go to court for that. If that becomes an issue. Um, currently this applicant has expressed a willingness to give you access through a locked gate, uh, that will become part of this approval if the board acts affirmatively on this. Um, and then if, uh, ownership changes down the road, and that becomes an issue that may be something you have to take up with the new owners in court.  
Speaker 5     00:18:04    Yeah, I guess because it's, I mean, it's in the, it should be it's in the deep, within the deed when the property was originally split up, um, by the original owners of the farm that was around the lake that, uh, the lake Nelson association or the bars of the lake would have, um, unimpeded access to do maintenance and operation of the dam. So we, you know, we, we just want to make sure that that issue doesn't happen down the road.  
Speaker 3     00:18:29    I would think that if it's in that deed, that it, then that's pretty binding and no matter who takes over this house, when we die, you know, um, that  
Speaker 5     00:18:37    Right. But without, without the gate, the gate nor lock outside luck, you know, anybody can do anything there's no, we don't, we don't care. Take us to court. That's what we're trying.  
Speaker 3     00:18:47    We would just like to have a copy of the key though, just in case. Absolutely. Because if we know that there's flooding, it might be the best, the safest thing is to open all the water, just move through. Um, and you know, that's what we're hoping  
Speaker 5     00:19:03    That that'll be fine.  
Speaker 1     00:19:05    Yeah. This sounds like an issue that you guys can work out if you haven't worked it out already. So, um, in terms of our obligation as a zoning board, um, I'm gonna move on, uh, to anyone else in the general public, who has any more questions about this applicant or, um, comments not as sparkling.  
Speaker 0     00:19:27    I don't see anyone chairman  
Speaker 1     00:19:29    Okay. Close the public portion.  
Speaker 3     00:19:31    Um, the, the woman who was on the phone was concerned about it being on a curve. And, uh,  
Speaker 1     00:19:38    Was that for this application, she just mentioned about a six foot fence and we've got about three of them on the, on the,  
Speaker 3     00:19:43    Oh, okay. Well just in case it's, it's not on the street. Yeah. We  
Speaker 0     00:19:48    Just opened it.  
Speaker 1     00:19:50    Yeah. Nobody mentioned so must be a different application Robin. Okay. I'm going to make a, move, a motion to approve this application with the language that Henry had mentioned and whatever, um, uh, added, uh, language, Mr.  needs to add a  
Speaker 2     00:20:06    Second,  
Speaker 1     00:20:08    Please call the role, Mr.  
Speaker 0     00:20:11    Yes. Yes. Mr. Weissman. Yes. Mr. Reggio. Yes. Mr. Patel, Mr. Mirando. Yes. And chairman Kao.  
Speaker 2     00:20:22    Yes. Ms. Shepherd, your application's been approved obviously with some conditions by Mr.  and the fact that there's going to be a gate with mutual access and have keys for the benefit of yourself and the lake Nelson association.  
Speaker 3     00:20:37    Yes. Thank you very much.  
Speaker 2     00:20:39    We will memorialize this at our next meeting in a written document. You don't need to be present for that. We will mail that document to you, and you'll need that for your permits.  
Speaker 6     00:20:48    I need permits for the gate  
Speaker 0     00:20:51    With the whole fence. Cause you gained your original application. Yes. You have to get your zoning permit again.  
Speaker 6     00:20:56    Okay. No problem.  
Speaker 2     00:20:58    All right, let's move on. Number 6 21 dash CB dash 59 V. Danielle Hutchinson. It is Mr. Hutchinson available. Hi, Good evening. Are you both going to be testifying tonight? Yes. Could you raise your right hand? You swear the testimony you're about to give shall be the truth. Yes, I guess. Thank you one at a time. Could I have your name and address please lengthen the Hutchison 25 Mitchell avenue, Galloway, New Jersey, 0 8 8,  
Speaker 6     00:21:36    Danielle Hutchinson, also 25 Mitchell avenue, Piscataway New Jersey, 0 8 8 5 4.  
Speaker 2     00:21:43    Thank you. Could one of you explain to the board what you'd like to do here?  
Speaker 6     00:21:47    Certainly we're looking to make, turn our attic space into living space. It's about maybe four and a half, five feet that we can, um, that that's attic space. We're just looking to raise the roof so that we can make some bedrooms or something upstairs.  
Speaker 2     00:22:05    Kinda. You're also looking for a fence in the front yard setback.  
Speaker 6     00:22:08    Yes, absolutely. So when our original application, our variance application, we, um, we asked to replace a fence when we purchased the property. We had a wood six foot wooden fence. And, um, as I understand it, our setback is not where it should be. We were told by the board that we needed to move it back. And, um, Mr. HENAAC, I believe that that's his name. He gave recommendation the engineer. We gave it to our fencing company. We thought that our fencing guy had, did it in compliance with, um, the boards, um, with, with your, your, um, requirements. And we recently found out with this application that it was not, there's a small portion of it that has not been, um, he didn't bring a portion of it in as he should have. Um, so we contacted him to find out why he hadn't done it. And, um, as I understand it, he, he was explaining that sometimes it can be because I have an in ground pool that are also got it variance for. And I, if, if the board would allow me, I actually can share screen. I took a picture of what the problem is, where my pool is in regards to where apparently it should have come in more. I share my screen with you guys  
Speaker 2     00:23:27    Share her screen. Yes.  
Speaker 6     00:23:29    Okay, great. Okay. So I am going to, okay. So if you look where these three seats are, apparently this, um, PO pulse needs to come more to about right here, which is, as you can see, right? Where, where the pool is, which, um, the pool and I'll show the other picture if you see the outside. So we brought it back, um, as required apparently too much, but we were trying to make the setback make sense. So this portion right here apparently needs to come in another four or five feet, which would, as I was showing you here, mean all of this would now be fenced in. And, um, and he, as I understand it, the fencing company was concerned. I'm going to stop sharing now was concerned in terms of, um, safety in terms of insurance might not, um, covering me because of the space issue or whatever it was. So, um, that's when I was informed that I can see if I can get the variance, because it's just that small part where the three chairs was, if we can get a variance to allow it to stay as it is.  
Speaker 2     00:24:44    Okay. Before you go on, I'm going to mark those two photos as a one and as a, to, uh, I'm going to ask that you print those out and forward paper copies to the zoning boards so that they go into your files. Sure.  
Speaker 1     00:24:58    Just Hutchinson. When do you think that the fencing company should have informed you while they were installing the fence, that this was the situation rather than go against what this board had required of you the last time?  
Speaker 6     00:25:10    Okay. Absolutely. And I think that his explanation, even down to, um, I don't, I'm, I'm not saying that I agree with his explanation. I'm just giving you what he gave me, because again,  
Speaker 1     00:25:24    I understand, I just, I just think most professional contractors like that would make you aware of the situation and say, Hey, this is where I want to go. Based on the way you're laid out in your yard and not just put it up the way he thinks is best and go against what this board had required of the application that we had seen previously. So that's my, that's my personal take on this. Um, please proceed.  
Speaker 6     00:25:48    Certainly. Yeah. Um, so, so, so I certainly understand because what if I will explain if they explain if he explains it to me properly, I would have been, been able to bring another application before the board asking that, you know, that, that you guys would allow to happen. And certainly I would have done this. This is all new territory for both me and my husband. And I've been on the phone with your office more than I should have tried to understand and do what I have to. So a lot of it is done in ignorance now that I know, certainly, um, I'll be on the phone with you guys more starting to get a better understanding as what our requirements as homeowners are. Understood.  
Speaker 1     00:26:27    Mr. Henderson Address a couple of issues here.  
Speaker 4     00:26:32    There's a couple of issues. I mean, this seems like it's an a reoccurring pattern. I mean, we, we were here last time because not only was the pool and the fence were in an area that there no evidence of any permits or variances being ever taken out for any of that work. So again, um, understanding that she wanted to leave as much pavers and an area around the pool as possible, we took that into consideration. But again, we, we usually never allow for a fence to be closer than 10 feet to the property line, uh, in a front yard. Um, that being said, the variance was approved on a condition that the fence be moved back 10 feet from the property line, not a portion of it, not half the whole fence. Could it be any closure than 10 feet from the property line? So that's what it should have took place.  
Speaker 4     00:27:23    Now she said the fence company put it there for some reason. The problem is again, no permit was ever taken out when the fence was relocated. So if a fence would have been taken out a permit, would've been taken out, which again, this isn't the same situation that brought you to the board. The last time, no permits. We don't know what's going on. We would've told you, Hey, you can't put it there. Your approval was 10 feet off the property line. So you would've got a permit. You would've filled it out and we would have, before you installed it, we would have said, this has to be in this location. So, I mean, there's really no excuse for it. Um, the fence was approved to go 10 feet behind the line. And in my opinion, that's where it should go. Um, there's still plenty of space on the opposite side of the pool or for use, you know, can, maybe you cannot fit five lounge chairs around the pool, but I think the pool is still very usable. Um, I don't see any issue with the fence coming in, um, insurance wise or any of that stuff, but if she wants to get something in writing from insurance company, I don't think that's going to have any bearing on, on the, on the zoning, Jim. I mean, maybe you could elaborate more on that, but  
Speaker 2     00:28:35    Right now we don't have anything, uh, to make that an issue just fence companies. Representation is not good now.  
Speaker 4     00:28:42    Exactly. So, I mean, that's my biggest issue. I don't have an issue with your PR per se, with the addition, the issue is that the original approval for the fence relocation was never adhere to. Um, since then, I believe the second story deck was put on the house again without permits. Um, that's gotta be shown and appropriate needs to be applied for, for the deck. Um, so that, that has to be just shown on the plan for the bore file. You might have started the process of putting in for the permit for the deck and if that's the case. Great. And then we just need the updated plan with the updated location of the fence being in the right location. Otherwise, I really don't have an issue with the, with the addition. It's just that I think we need to get everything in order here.  
Speaker 4     00:29:26    Things that need permits need to have permits. Uh, the fence was proved in a certain location. The fence needs to be relocated to that location. And my opinion is, if you look favorably upon the application you do so with the condition that the previous application needs to be, you know, uh, sort of completed prior to the permits for the, uh, for the addition being, um, approved. So, you know, I think the fence should be, cause we seen that it might not happen and then we'll have another problem. Um, if we issue the permanents for that for the house without first, I think having the, um, the conditions of the previous approval, um, you know, carried out,  
Speaker 6     00:30:12    Um, if I may, when we purchased the property upon our original request for variance, we are only the second owners. We had no idea that any of that work that had been completed in pool, including the pool and fence, we did not know that it was not in compliance with township cold.  
Speaker 6     00:30:35    I understand that. Certainly I also would like to point out that we did not even know that it was necessary to get a variance until the end. And we were shopping around and we found this, um, Ben Skye, who said, you need a variance just as your last applicant. Well, she didn't know that you still needed a permit. I didn't know that you still needed a permit once you get the variance. So that's not just information that we were made aware of. So as, since we were first-time homeowners, we all and not to think ignorance or anything, but really that's exactly. We just didn't know. And when we found out, we begin immediately, I began calling more often, what do I need to do some stuff? So this is not being done. This is not, uh, some pattern that we're doing. This was done in ignorance.  
Speaker 6     00:31:25    And now that we understand that just about everything that you do on your home must go through a permit. I made it very clear that I won't do anything further to my health without checking. I don't care how minimal it is because I had no idea being a first time owner that permits are required, but just about everything, I had no clue. This is all new to us. So as I said, yes, the fence guy, he put it in wrong. He did, I can't even get in touch with him right now. I I've been trying to get ahold of him. So now, as a result of, you know, and again, giving you the explanation, he, he told, I just wanted to show you where, what the, where it is now. And we're talking about maybe three or four feet. And, and again, I would respectfully request so that the additional expense of having to probably find another new Benson company, that's going to do the work and then do all of everything that would require for us to now start it again. I mean, it just seems as though we were constantly being penalized after purchasing a home with a whole bunch of things that didn't have the right paperwork and we're trying to get on track and trying to do it right. And I would, would hope that the board would consider, you know, that perhaps  
Speaker 4     00:32:44    With all due respect, I understand, you know, your concerns, but the number one item in the resolution of approval says the applicant will obtain all necessary permits, inspections, and approvals. That's clear it's on the, it's the first item in their resolution when they approve your, your, your previous application. So you should have asked what permits, inspections and approvals do I need to get, if it's in the resolution, it's there for a reason.  
Speaker 6     00:33:12    No, I understand. And I trust the person that I retained and I gave him when, when the parents came in, I gave it to him. He said I needed it. I got gave him what he said I needed for the work to get done. I'm not saying that I shouldn't have done my own due diligence. I take responsibility as a home owner for that. Again, I understand that.  
Speaker 4     00:33:30    But what you're asking for, what you're asking for is us to basically allow you to do something, because you said, you know, maybe whether it's, you didn't do your due diligence or ignorance or whatever the case is because you have it there in that location. So what happens is if every homeowner, every contractor, every person gave me that same excuse, right? What would, what would the town be? It would just be then people doing whatever they wanted come up to the board side, you know what I, you know, I didn't know. And then what we have is just, you know, basically, you know, no rules being too close to where they're not supposed to be. So again, I'm not here to penalize you, you know, monetarily, that's not what the intent is, tennis to just, you know, adhere to the ordinance and to the approval that was given previously. You know, I apologize that your contractor didn't maybe guide you in the right direction. But again, that's not something, unfortunately that I think the board could look out as, you know, or reasoning to allow the effects location to change. I mean,  
Speaker 2     00:34:33    And Ms. Hutchinson, based upon what you've told the board, uh, you have a dispute, not with the board, but with your fence contractor, that dispute is not the reason it does not give us any grounds to give you relief from the condition of the prior approval.  
Speaker 6     00:34:54    Um, may I, may I ask outside of it, um, um, outside is, is there a specific harm other than the fact that you don't want to set a precedent in terms of just allowing someone to come and re-request something, is there a specific harm that allowing it to, to, to stay as it is that would cause upon the public? Is there something that's, other than  
Speaker 2     00:35:22    You agreed to relocate that fence at your prior hearing? Yes. That's, that's the end of the story. And if you're your fence company, put it in the wrong spot and you should take it up with them. And if they won't answer your calls, you may have to take them to  
Speaker 1     00:35:37    Court. But this board has to enforce resolutions conditions of approval.  
Speaker 1     00:35:51    Ms. Hudson, I am sorry about the situation you're in, but we have specific guidelines and, um, policies that we have to adhere to. And I can honestly tell you that if you do relocate, not relocated, but if you put the fence back where it originally was, we, what we originally approved on your first application, your, your, um, addition's gonna more than likely be approved without question, I can offer you that, but we're not gonna approve another segment of improvement to your home until we've rectified situation with the fencing that we've already come to an agreement upon. So again, I'm a first time homeowner and as well. Um, I thank goodness. I had a good inspector upon closing, and he told me about specific things that we were missing. Um, it's the nature of the piece, unfortunately, but, um, I, I think that I speak for the board when I say we probably won't move forward on the audition until we have a good faith, um, that you'll have the fence, uh, rectified and put back to the, um, specifications that we agreed upon on the first applicant. And again, you have to suit your offense Pearson. I am so sorry to have to go through this. Um, you know, there's, there's reputable, irreparable, and unreputable, uh, construction people out there. And, and unfortunately it's a fire be where, uh, but that's, that's where I think we're leaning towards.  
Speaker 6     00:37:16    Sure. May I ask? Um, I was under the impression from the report that, that the, the addition would not be a problem provided that I get the permits necessary. So I wouldn't get any construction permits approved unless I adhere to the previous board. So are you completely denying even my, my variance request to go up or are you doing it on the condition that no permits be given, unless though the data's relocated, I get the permit for that as well as the proper permit for the deck. And then after that has been met, I can apply for permits. I'm trying to understand exactly where we're going, because I thought that's what the engineers report said or recommended.  
Speaker 4     00:38:07    Yeah, I have a problem with that. I think we could improve it, but it's conditioned upon, I think all of those things that you sort of outlined that the permit is secured for the deck that the permit or zoning permit is approved and that the, you know, the actual facts is relocate. I think that we need to see the effects in the right location for issue the building permit. We can move forward with the variance. You just, you all get any, any permits, uh, for construction, I believe until those, those two issues are correct.  
Speaker 1     00:38:48    Yes. Yes. That's the attack I'd like to take. And I think that we're all in agreement at this point. Um, is there any other, um, members of the board have any questions about this application hearing done? I'm going to open it to the public, anyone in the public portion have any comments or questions about this application? Ms. Barkley,  
Speaker 6     00:39:09    Uh, Frank raised her hand.  
Speaker 1     00:39:13    Is there a Frank? Yes,  
Speaker 2     00:39:16    Please.  
Speaker 6     00:39:19    Hi, I'm Mary and I'm Frank's  
Speaker 2     00:39:20    Wife. Okay. Mary, could I have your full name with  
Speaker 6     00:39:23     31 Mitchell avenue, New Jersey. Oh, 8 8 5 4. Sure. A C as in Charles, C as in Charles, E R a L E.  
Speaker 2     00:39:37    Could you raise your right hand? Do you swear the testimony you're about to give shall be the truth? Thank you.  
Speaker 6     00:39:46    Um, one big question is we are, um, confused as to where this, uh, six foot privacy fence is going to be. Is it directly in front of the house or is it by the pool on their application? They have a six foot privacy fence. Where exactly is it? Is it an on their front lawn or is it by the pool?  
Speaker 2     00:40:10    Yeah, Henry correct me if I'm wrong, but this fence is currently existing based upon a prior approval. However, they located it in the wrong areas and it needs to be moved further off of the roadway, which they will have to do before they get any building permits.  
Speaker 4     00:40:27    Th the fence is existing. I believe it's just the corner. Uh, so the furthest right corner of the fence, um, where it meets up onto the adjacent property on shell court, um, that corner needs to be brought in so that the entire fence, 10 feet off of the property. So it's really not changing much. It's just that corner is going to be pushed back a little bit further into their property.  
Speaker 6     00:40:49    Okay. So it's not at all in the front yard, on the Mitchell avenue side, it's only on Sheryl court side, correct. Gotcha. Okay. Then, uh, we are totally against the variance for the third floor, as it does not conform to any of the homes in this neighborhood. It would stick out like a sore thumb, and we are concerned that it would end up as a two family home with an additional entrance. They are asking for these variances yet they are not in compliance with both fence. Now, according to the letter, and they are not in compliance with the township regulations for at least one car garage. How do we know that there can comply with the new rent request? They do not have a one car garage. They have no garage. So how do I, we are  
Speaker 0     00:41:33    Against this third floor.  
Speaker 1     00:41:38    Thank you. Ma'am Ms. Buckley and any other hands raised? No, sir. Okay. Public portions closed. Um, and we, one more time, I hate to make you walk the plank, but what is the, uh, the language you're gonna use? They can, um, we can approve them for the parents has been at the you're asking me. Yeah, I'm just trying to get the,  
Speaker 4     00:42:06    The recommendation is you could approve that. You could look upon it favorably with the condition that they, um, secure the building permit for the deck. Um, they provide a revised plan that shows the deck on the survey and the facts in the proper location, uh, as well as again, taking out a permit for the relocation on the fence, uh, and their proper location based on the previous approval.  
Speaker 2     00:42:34    And Mr. Cahill, all of that language is in his, uh, Mr. Henderson's report. And I can pull it into a resolution if you act favorably on the applicant.  
Speaker 1     00:42:41    Yeah. I'd make a motion to approve the application with the, uh, the language that Henry just put forth  
Speaker 4     00:42:48    Just for the record to, um, Mr. Chairman. Uh, I know there was a caller talking about, you know, the, the size of the edition. There's no variance request for coverage. There's no variance requests for height. They're there, they're staying within the, the height requirement, uh, allowed them the zone, uh, sort of a pre really reason that they're here for the addition is it's a preexisting sort of all a non-conforming lot size, but that being said the coverage of the, of the property. So, uh, meets the coverage for that.  
Speaker 1     00:43:24    So they're not going any higher than they're not going up. Okay. But there's no variance that they have. Right. All right. Well, I stay with my, um, approval of the application based on the language from our township engineer.  
Speaker 4     00:43:40    I'm sorry.  
Speaker 0     00:43:42    I'm doing Mr. Zimmerman. Yes. Mr. Tillery. Yes. Mr. Weissman. Yes. Mr. Reggio. Yes. Yes. Mr. Mirando. Yes. Yes.  
Speaker 2     00:44:02    Your application has been approved with several conditions, which we've just discussed. Our resolution will be on for the next meeting. You will need to be present for that. We will mail a copy to you, satisfy the conditions before  
Speaker 0     00:44:16    You  
Speaker 1     00:44:22    Let's move on to item 7 21 dash ZB dash by V N Y S M S a limited partnership EBA.  
Speaker 7     00:44:33    Uh, yes. Mr. Chairman members of the board. This is Frank Ferraro attorney on behalf of the applicant in New York. SMSA limited partnership doing business as Verizon wireless. Uh, the application before you tonight is for 1 21 Centennial avenue. Verizon currently, uh, operates a rooftop telecommunication facility, uh, on the rooftop of the hotel. Uh, they have 12 panel antennas, as well as an equipment shelter up there currently.  
Speaker 2     00:44:59    Mr. Flora, let me interrupt you for one minute.  
Speaker 7     00:45:01    I'm sorry. That's  
Speaker 2     00:45:04    You have a court reporter present, and I just want to make sure she's on this Ms. Wolf or you all, are you ready? I started already good because Mr. Flora tends to talk fast. So I just wanted to make sure that you're ready to go.  
Speaker 7     00:45:29    Thank you. Um, just briefly, uh, describe the existing conditions. There are 12 panel antennas up there. There are four antennas and three sectors. Um, we have currently nine RRH is, which are attached behind the antennas. And there was an equipment shelter on the roof, uh, Verizon wireless and this operate is actually seeking. Um, it's actually going to reduce the number of antennas, uh, as a result of this proposed upgrade, uh, they would go from 12 antennas on those existing mounts down to nine antennas. Um, the nine existing RRH is, would be replaced, but six new RRH is, and there is no new equipment cabinets or changes, equipment sheltered being proposed. Um, so the net effect is, uh, there will be a reduction in the number of antennas I'll be at the new antennas will be, um, much more technological people and technologically capable than the existing, uh, antennas that are present on the site.  
Speaker 7     00:46:24    Um, there won't be no increase in the height of the facility. They'll be no impact on the width of facility. Um, it will largely look exactly as it does today with the exception of, uh, an empty mouth at each, uh, at each sector, uh, where the 12th end, the, uh, the other three antennas used to be. Um, so we do believe that it meets all the criteria for an exemption under 47, us CA uh, 1455 and FCC order 14 dash 1 53. Um, this facility was actually given, um, a similar type interpretation back in 2015, when we went through, uh, a previous upgrade as the board knows that these things are upgrading, used to be every five years, and now it's getting close to close to every two years. Um, so we believe it meets the criteria, uh, under the federal law for an exemption, uh, from the ordinance. Uh, we do have our professional engineer, Jerry McKinney, McKeon, who can testify to the plan or answer any questions the board may have. Uh, but essentially we think this one is, and we we'd be more than happy to rely on the papers that the board felt that was, that was sufficient.  
Speaker 2     00:47:36    Mr. Kao, could I ask a couple of questions? Yes. Um, the, uh, new equipment would comply with all of the emissions standards  
Speaker 7     00:47:48    And  
Speaker 2     00:47:49    You've submitted documentation to show that,  
Speaker 7     00:47:52    And this particular application, let me see if we submit it after the fact put it this way. If we don't have it on record, we would submit, uh, as a condition of approval that, that report  
Speaker 2     00:48:03    And, uh, the structure upon which this is going to be mounted, it can handle the, uh, equipment.  
Speaker 7     00:48:10    Correct. Uh, we did, uh, submit a structural report by asthma engineering dated 3 25 21, which indicates building is structurally structurally capable of supporting.  
Speaker 2     00:48:19    And there are no new variances created by your proposal. Correct. Uh, Mr. Chairman, I believe that this application satisfies the requirements for a site plan exemption under both the federal and state book.  
Speaker 1     00:48:33    Thank you, Mr. Keneally, any other members of the board have any questions for this application hearing I'm going to open to the public game and the public? Have any questions or comments about this application?  
Speaker 0     00:48:45    Luckily,  
Speaker 1     00:48:46    No, sir. Okay. Public portions closed. Um, yeah. Where were Mr. Chairman?  
Speaker 8     00:48:52    Uh, the questions that were raised can promise with FCC rules, uh, the planes do contain that information. So just to verify,  
Speaker 1     00:49:03    Okay. Thank you, Mr. Chadwick. Um, I'm going to, uh, vote in favor of this application clerk polar please.  
Speaker 0     00:49:17    Yes. Mr. Tillery. Yes. Mr. Weissman. Yes. Mr. Rajio. Yes. Mr. Patel, Mr. Mirando. Yes. And chairman kale. Yeah.  
Speaker 2     00:49:29    Mr. Ferraro, wiggle memorialize a resolution at our next meeting, uh, and send it to  
Speaker 7     00:49:35    Thank you, council. Appreciate it. Thank you everyone. Thank you, sir.  
Speaker 1     00:49:39    Let's move on. Item number 8 21 dash ZB dash 69 V Emanuel and Delta Lana  
Speaker 9     00:49:46    Lino.  
Speaker 1     00:49:48    And I butchered that I got close.  
Speaker 9     00:49:53    Okay, good.  
Speaker 2     00:49:55    Um, could you raise your right hand? I need to swear you in. Do you swear that the testimony you're about to give you the truth?  
Speaker 9     00:50:00    Yes. My name is . I live in 14 Vogel avenue, Piscataway New Jersey, 0 8 8 5 4.  
Speaker 9     00:50:15    Okay. Uh, we would like to build a second floor, uh, to have more space. Uh, initially, uh, we were planning just to have, uh, you know, uh, the extension, you know, half of the size of the house, but then, you know, um, we decided, you know, since we're doing this, why not do the full house? You know? So, um, you know, that's what we want. I have a, um, uh, right now we have like an existing three bedrooms. Uh, there is one room in the basement that we use for a storage. And, uh, I have, uh, my mother here who lives with me. She has just using one room, my husband and I, and my other son now, you know, since I have, um, I have, uh, I'm so sorry. You know, when I talk about my family, I get so emotional. Sorry. That's okay.  
Speaker 9     00:51:13    Take your time. I'm sorry. I have, um, I have a son who is autistic and I have a mother who is 83 years old. And, uh, my husband and I we're both in our sixties. And, um, my son, uh, is, uh, in an apartment and, uh, you know, he comes here and, you know, checks on us and, um, he helps us a lot, you know, and, uh, now I, uh, you know, I, uh, asked him if he wants to move in with us and, uh, you know, so he doesn't have to pay the apartment, you know, and at the same time, you know, he sees his grandma and, uh, his brother. So that's why, you know, uh, I said, and also since we paid off the house, why don't we have an extension, you know, so we can, uh, increase the value of the house and, uh, when we're done, you know, or when we're done, uh, you're gonna be staying here with your brother because you, his brother they're twins and they're, so, um, they're so close.  
Speaker 9     00:52:27    And it said, when it's just you and your brother, because he promised us that he will take care of his brother. So, um, I said that, you know, when you have, when we're gone and, uh, you know, it's just, you, you know, please, you know, like don't relocate or something, if, you know, if you can, because your brother is so familiar in this house, you know, he, you know, he's used to his room, he's used to, you know, the setup of the house. And, uh, so that's what, uh, I wanna do, um, very admirable and also, I'm so sorry. I have, uh, you know, since I have a three bedroom house, you know, I work nights, you know, and, uh, when I am off, I want to, uh, when I'm off, I'm still up at night. So when everyone is sleeping, I, um, I, uh, want to do things also.  
Speaker 9     00:53:26    But then in the, in the room, my husband is sleeping and I cannot do things. So at least, you know, sometimes I go out and then if I want to sleep, I want my husband to go out because sometimes he stores too. I said, it's very good if I have, you know, a space, you know, and also I want a bigger, you know, room. I I've been here in this house for 29 years and I, I always dream to have a big, a big room, a big bathroom and a walk in closet. So that's why I said, you know, let's do that, you know, so  
Speaker 1     00:54:05    That's fine. And do you have any comments?  
Speaker 4     00:54:10    Um, I mean, she covered the aspect. I think of the testimony. I mean, you're saying that the bedroom and the basement's not used as a bedroom, it's more for  
Speaker 9     00:54:18    Storage. I use that for storage. Yes.  
Speaker 4     00:54:22    Okay. Cause I'm a planet's bedroom in the basement. Um, and the other bedrooms, it comes out to seven bedrooms. So I thought that was a little bit, you know, on the excessive side. But again, it sounds like you have family that comes over and that perhaps the bedroom in the basement is more of a storage room than a, than a bedroom. Um, the second floor has a as a laundry room, but it also doesn't say what the rest of the room is being used for. Um, that being said, and also there's a second story deck with stairs that go down to the ground. Um, there's things in this house, the way you have a second living room upstairs, the deck would enact an additional set of steps, uh, to the outside. So that's the second access. Um, and again, that laundry room, you know, it looks like it could easily be converted into a kitchen. And I don't really have a, you know, for the most part, an issue with this, with this, uh, addition when I have an issue with is, is the, it sort of lends itself to be converted to a two family very easily. So my suggestion would be is that a deed restriction is taken, that this would only be used as a single family home  
Speaker 4     00:55:39    Kitchen will be allowed in the house. So you won't be able to put another kitchen upstairs. And it has to be used as a single family home. And it'd be deed restricted as such is my suggestion. So that there's no confusion to, you know, whoever owns the house down the line, the distance to may be maintained as a single family home with only one kitchen.  
Speaker 1     00:56:01    That language.  
Speaker 9     00:56:04    Yes. Yes. And also it's also, uh, a safety access just in case, you know, there's a fire or something. So that's why it's easy for us. If there's like an upstairs to go down, to go out, if ever there's like something that you  
Speaker 1     00:56:21    Noticed a DDB shirt show. I think we can, we can move on with this if that's, if that's okay. Yes. Yes. Okay. Any other questions from anyone else on the board for this application hearing none. I'm going to open it to the public. Anyone in the public portion have any questions for this application? Nothing. No, sir. Okay. We'll close the public portion. And with the language that Henry outlined with the deed restriction, I'd make a motion to approve this application out a second Clerk, please call the world  
Speaker 0     00:56:56    Mr. Zimmerman. Yes. Mr. Tillery. Yes. Yes. Mr. Reggio. Yes. Mr. Patel, Mr. Mirando. Yes. And chairman K.  
Speaker 1     00:57:09    Yes.  
Speaker 2     00:57:10    Your application has been approved. We memorialize it in a written document at our next meeting. You don't need to be present for that. We'll mail a copy of that document to you, but you'll need that to get your permits.  
Speaker 0     00:57:20    Thank you so much, gentlemen.  
Speaker 1     00:57:25    Bless you family to  
Speaker 0     00:57:27    Thank you so much. Thank you.  
Speaker 1     00:57:32    All right, Laura, correct me if I'm wrong, but we're shooting all the way to item number 11, I believe. Okay.  
Speaker 0     00:57:41    No number nine, eight watt construction.  
Speaker 2     00:57:45    This was not on your original application.  
Speaker 1     00:57:48    That's why I jumped over  
Speaker 0     00:57:49    It. Now we might have, they were approved last month. Don't don't ask construction is next.  
Speaker 1     00:57:54    Okay. Can someone do the honors of reading the  
Speaker 2     00:57:57     construction company?   
Speaker 0     00:58:05    Sorry, Mr. Kinley. It's hard to hear you. I'm the court reporter  
Speaker 1     00:58:10    You broke up  
Speaker 2     00:58:13    Next time. Allocation is construction company. One 50 central avenue.  is Mr. Blame-free present.  
Speaker 10    00:58:24    Good evening, Mr. Chairman members of the board, Peter land fridge from the farmer, his golden Foley appearing on behalf of the applicant. Uh, this is an application, uh, to remodel and add onto an existing dwelling, uh, at one 50 central avenue. Uh, this matter has been carried a couple of times because we've been trying to work through some of the comments that were raised by Mr. Henner stain, uh, under normal circumstances. Uh, I would encourage, and I do encourage my clients cause I have the utmost respect for Mr. Henderson to see if we can comply with everything that he requested his report. Uh, however, there are circumstances in this case, uh, that really, uh, in our opinion, uh, require us to request the variances that we were seeking, which are for additional impervious coverage or additional building coverage and for a front yard setback. Uh, this is sort of a unique situation in that the property right now has three structures on it.  
Speaker 10    00:59:35    Uh, one of them is a shed which we're proposing to demolish. There is a garage that has 503 square feet, and there is a dwelling that's 630 square feet. So the garage is almost as big as the house. Uh, the house dates back to probably 90 years and it's a disaster in plain English. Um, my client is a contract purchaser of the property and is a builder. Uh, the property is now owned by an estate. Uh, the, uh, previous owner having passed on, uh, there was also apparently at some point in time, the second level of the garage was used as a living quarters for somebody, uh, which I was, he was done without any permits or approval. So what we're dealing with is a little bit of a mess. Uh, we're here to try to clean that mess up, uh, but we do need some variances and we hope that we can, uh, satisfy the board and Mr. Henner stain that the variances that we are seeking, uh, in this circumstance are appropriate. Uh, I do intend to call two witnesses. I intend to call Mr. Ragab, who was our architect and also, uh, Mr. NSL, who is our planner. I will try to be as brief as possible. It's a long night and I'll try to get this done as quick as I can, if we can, uh, swear Mr. Ragab in  
Speaker 11    01:01:02    Mr. Ragab, could you raise your right hand, keep your name and address please. Uh, first name is . Charlie F. Last name is Reagan, R E G a B a. The address is two division street, suite one, Somerville, New Jersey, 0 8 8 7 6. Thank you. Thank you.  
Speaker 10    01:01:28    Uh, can we have Mr. Ragab take over the screen if he is going to rely on some exhibits?  
Speaker 11    01:01:35    Uh, could you qualify as an expert  
Speaker 10    01:01:37    For sure? I will do that. Mr. Ragab you're a licensed architect in the state of New Jersey. And for how long have you saw licensed  
Speaker 11    01:01:46    Since 2001.  
Speaker 10    01:01:49    And can you give the board briefly the benefit of your educational and professional background?  
Speaker 11    01:01:54    Uh, graduated from city college of New York architecture in 1994 and have been the principal of MRR design studio since 2001.  
Speaker 10    01:02:08    And have you testified before planning boards, zoning boards and the state of New Jersey and over the last 20 years?  
Speaker 11    01:02:14    Yes. Plenty of times. Yes.  
Speaker 10    01:02:16    I would offer the testimony of Mr. Ragab as an, as an architect, Mr. Chairman. Absolutely. No problem at all. Thank you very much, Mr. Ragab. Uh, can you, uh, indicate to the board and if you want to rely on the exhibits, which are what we submitted in conjunction with this application, what the subject property looks like right now?  
Speaker 11    01:02:39    Uh, right now it's a ranch, uh, uh, very, uh, in a, in a, in a, quite a state of disrepair it's, uh, uh, for quite some time. And, uh, uh, it's a small ranch that's already, uh, over the, uh, front yard setback. Uh, so the existing setback is a 24 4, uh, front yard where they're required to steady five and it's a narrow and, uh, elongated ranch, uh, from front to back. Uh, the square footage of their, uh, uh, over the ranch is 631 a square foot. Uh, apparently it's a one bedroom, even though our existing plan show, just a series of open spaces. Uh, there's no private room in it. Uh, but, uh, I'm not sure how the used the space. There must. Must've used one of those spaces as a bedroom. Uh, we're not calling any bedrooms in the plan because it doesn't look like any one of them looks like a bedroom, but, uh, that's how it is right now.  
Speaker 11    01:03:48    Uh, there is a two story, uh, structure in the back with a footprint of 500, 504 square foot. And the lower level is a two car garage and the upper level, uh, looks like it was a one bedroom, uh, space. Uh, uh, and we did go undocument, uh, the plans for this structure and, uh, uh, as per the requirement of the township, we are removing all the walls from the second floor and turning it into just a storage space. Uh, so there will be no living quarters in the second floor of the accessory structure. Uh, but we are proposing an expansion of the front, uh, ranch into a two-story colonial house with a footprint of 1,438, uh, on the ground and a second floor above, uh, for a total of five bedroom, uh, residents, uh, you know, and, uh, uh, if you look at 82, which is the floor plans of the proposed  
Speaker 10    01:04:50    House, Mr. Raghavan  
Speaker 11    01:04:54    Don't know if I can, I don't, I'm, I'm working off my phone, so, okay. No,  
Speaker 10    01:05:03    What we're saying,  
Speaker 11    01:05:06    These are the floor plans. It's pretty much the standard center vocal O'Neil, uh, you enter into a staircase living and dining on both sides. And in the back half of the is at kitchen breakfast area, a family room and a guest bedroom all the way in the rear of the property adjacent to a full bath. Uh, the second floor is, uh, four bedrooms, including one master suite and three additional bedrooms live at one common bath, uh, and, uh, the stair of foyer, that's a two story foyer open to, uh, from the ground all the way up to the roof. Uh, so, uh, you know, we are proposing a basement on a part of the structure, so we're keeping the right side of the structure intact, and then, uh, stepping in a little bit and being done to get, uh, the future residents, uh, a basement under, uh, the house.  
Speaker 11    01:06:10    Uh, that's pretty much what we're proposing to do. Uh, the elevations would be, uh, just to standard a two story colonial house. Uh, look, uh, the total size of the house is around I think, 2,700 square foot, uh, including both floors, uh, uh, which is not a pretty large house, just, uh, a normal size colonial house. And, uh, that's about it. And we are proposing to keep that, uh, two story structure in the back, uh, use the garage, uh, because we're not proposing a garage on the addition to the front house. And, uh, just clear out the top floor from any, uh, residential use and leave it as it's just an unfinished attic, uh, for storage purposes. Alright.  
Speaker 10    01:07:07    Couple of quick questions. What's the condition of the garage.  
Speaker 11    01:07:11    It's an okay. Condition. My needs a little bit of, you know, TLC here and there, but, uh, it's usable.  
Speaker 10    01:07:18    Okay. Now the house, um, Mr. Henner Steen and his report, uh, asked about, uh, what is re what is going to remain in the house, the existing house and what is going to be added onto it, comment number four. Uh, so can you indicate to the board what part of the existing foundation will remain and what we're doing to add on  
Speaker 11    01:07:40    We're keeping, uh, the house is a little bit skewed on the lot, and since we're keeping the right side of the house intact, so we're extending the house in the same angle as it exists towards the left and towards the rear. Uh, uh, and the reason is to, uh, leave enough room in front of the garage for cars to back out and to access the driveway out of the property. Uh, so we are ending up with that sort of an L-shape precedence, uh, to carve out a space in front of the garage. Uh, and, uh, we're only keeping the right side exterior wall of the house pretty much the rest of it is, uh, to be, uh, reconstruct.  
Speaker 10    01:08:25    And when you say the house is skewed, you mean that the house is not parallel to the property line and parallel to central avenue? That's correct. Okay. And an angles, if you're looking at the property from the right side of the house, to the left side, where the left side is closer to central avenue. Yes. And you're going to continue sort of outline as you put on the addition, correct.  
Speaker 11    01:08:51    We continue the same line for the residents. We just created a little bit of an entry foyer. Uh, so we popped up, uh, we popped out the entrance, uh, by about three feet, I believe, uh, uh, the entrance and the two closets, uh, on each side of the entrance. It's exactly three foot out of the structure just to, uh, give it a little bit of character. So it's not completely flat,  
Speaker 10    01:09:19    So that what we've done in designing this house to give it some characters you indicate is to increase our, or to put, uh, some pediments in the front of the property, which now extend out into the front yard, correct? That's correct. Yes. Okay. And they are so that you don't have just a flat fronted house, correct?  
Speaker 11    01:09:40    Yes. I mean, the house is already in the front yard, uh, by about, uh, uh, uh, 10 feet, a little bit over 10 feet over the setback. So, uh, by doing this and by, uh, extending that little entrance, we are actually ending up with a 21 foot two front yard setback instead of the 24 4.  
Speaker 10    01:10:05    And if, if the board indicated that they didn't want you to extend the entrance and those two other, uh, uh, features that you put on either side of the entrance, you can remove those  
Speaker 11    01:10:17    If the client is amenable to that. Yeah. Yeah. We could.  
Speaker 10    01:10:21    And, and in your opinion, aesthetically, uh, do you think it would be a benefit to remove it, or do you think that what we're proposing to the character of the house  
Speaker 11    01:10:32    It will make for a more boring, uh, front of the house? Yes, but, uh, it's, it's doable. We would have to find some other ways to give it some architectural features.  
Speaker 10    01:10:44    Okay. Uh, very briefly. What materials will the house consists of when you do the addition?  
Speaker 11    01:10:56    Uh, the house is just what wood-framed, the front will be, uh, stucco, uh, for the entrance portion and, uh, siding on both sides with bay windows on each side, uh, made out of like ease act panels.  
Speaker 1     01:11:13    Okay. Thank you. I have no further questions. Thank you. Does anyone have any questions for this, um, expert?  
Speaker 8     01:11:28    I knew I just, one more question on not the, the amount of building you're going to retain. Would you explain that again?  
Speaker 11    01:11:40    The amount of the house? Yes. Uh, pretty much, uh, we are reconstructing most of the house except for the right side exterior wall. Uh, the rest, uh, we are planning to re uh, reconstruct. So most of it will be demolished and rebuilt, especially because we are  
Speaker 8     01:12:05    The existing first floor deck will be gone.  
Speaker 11    01:12:09    Uh, there is no decades of slab on grade.  
Speaker 8     01:12:13    This is a slab that will be removed.  
Speaker 11    01:12:15    Um, most of it will be removed. So we're leaving, I think about four foot from the side, from the right side of the house. And then we're digging down a basement, uh, uh, along that exterior wall, but that'd be, somebody is not going to extend all the way out to the exterior wall because we are keeping that. So the slab on grade, uh, and the right side exterior wall will remain for about 4, 4, 10  
Speaker 8     01:12:42    Code. Will you be using as the building permit for this,  
Speaker 11    01:12:47    Uh, uh, uh, international residential code 2018 for  
Speaker 8     01:12:52    New construction?  
Speaker 11    01:12:54    Yeah, pretty much. Yeah.  
Speaker 1     01:13:01    Thank you, Mr. Chadwick, any other members of the board  
Speaker 4     01:13:05    And just, just quickly, just, um, um, you were talking about some of the architectural features, but, um, just to make it clear, the, the bay areas on the front there, again, protruding further than where the existing house is now, correct, as well as the entrance door.  
Speaker 11    01:13:25    Yes. But the windows are not there. They're not extended to the ground. So they're basically can't believe her off of the front,  
Speaker 4     01:13:33    Or they can leave her more than 18 inches.  
Speaker 11    01:13:36    Uh, I believe so, but we can bring them to 18 inches. There's no problems.  
Speaker 4     01:13:40    So you're only allowed to, can leave her 18 inches though. That may be something that you might have to adjust.  
Speaker 11    01:13:46    Yeah, they might be right now. They might be about two foot cantilever. They're a little shorter of the three foot, uh, entry area. So we can, we can, uh, bring them into 18 inches, no issue.  
Speaker 4     01:13:59    And again, I mean, I appreciate the fact that you're trying to make something that's architecturally pleasing, but we have to, unfortunately we have to balance that with the fact that you're already in a severe varying situation for front yard. And typically what we like to see on additions, especially on non-conforming homes is for the addition to somehow improve upon the setback and not to make it worse. So that being said, um, I think you're definitely going to have to do something to, um, rework that front entrance so that it doesn't, uh, exacerbate the existing advantage condition. And if anything perhaps improves upon it. But I think at a minimum that that should remain at the existing wall, but that being said, it's a nice home. Again, the problem is that it is five bedrooms. It's going to be pretty tough to justify a coverage variances when you're proposing five bedrooms, three homes and 2,500 square feet on a lock that's only 7,300 square feet.  
Speaker 4     01:15:00    So my recommendation without hearing the planter's testimony to this point would be is that I think there's room, uh, in some of this home for, for the house to be reduced in size without necessarily changing the character of the home that much, um, you know, the year might not have to be perhaps 10 feet wide. And, you know, perhaps that, that four years slightly less, uh, the master bedroom definitely doesn't have to be the size that it is. You have five bedrooms. Um, so I, you know, I think there's there's room here for, for it to be pared down. I just think that the, I mean, although it's a nice looking one, um, I don't think that in itself is going to justify the coverage variance that you're seeking. Um, I, I, I appreciate the fact that the sheds being removed and that the, the garage, um, this coming into conformance without living space in there.  
Speaker 4     01:16:01    But again, and we're almost at, um, 20, I think it's 27%, um, coverage. We can just extremely excessive. So, but I think, you know, again, without even the planner's testimony that, um, you know, uh, that there's going to be room for pairing this down, uh, I think a home of, you know, closer to, again, that 23% coverage number, which would take you to about a home of around, you know, 20, maybe 2300 2300 and change square footage wise, it's still a nice sized home. Uh, it's more appropriate for the lot size that is present. And, um, you know, I still think it's a nice hole. Um, again, it's going to be pretty tough to justify a five bedroom house with the cover trance that you're seeking on the lock size that you're seeking. Um, it just may not be the appropriate size home for that lot, but I'll let you move on.  
Speaker 8     01:17:11    I, I agree with everything that Henry has said, but the point that I asked before on what code would be done effectively, this is a data, this is not a rehab reconstruction. So all of the pre-existing variances effectively being removed, which goes to what Henry's talking about in terms of positioning this house in the street. Now, Mr. Lanford started out and he said he really liked to get his client to agree to adjust my suggestion is that good design old doc about a different program program program for redevelopment of this lot.  
Speaker 2     01:18:09    Thank you, Mr. Traveling, Mr. Landry, uh,  
Speaker 10    01:18:16    My clients on, if we could take two minutes and I could perhaps talk to him and see what his responses, if I can do that, I have him on text and I can,  
Speaker 2     01:18:28    Um, before we take a break, Mr. Lanford, I know, you know how to read the board. Uh, the board leans heavily on these two professionals. So please emphasize that to your client,  
Speaker 10    01:18:39    Uh, counsel, I, I very well know how to read a board, uh, and I will advise my clients. And obviously I will also, uh, I have to be guided by what my client wants me to do, but if we can take two minutes, I'll see what I can do.  
Speaker 2     01:18:53    Uh, just stood missile, Atlanta, Britain. Thank you for your consideration. Uh, Mr. Chairman, would you like to do the resolutions while we take them through that application? Sure. Let's move on to item. Number 11. Adoptions are the resolutions from the regular menial October 14th, 2021 to actually item number 12 now on side, correct. Okay. Uh, first resolution is Peter Brock. This application is approved, Mr. . Yes. Say it again, Mr. Mr. Weissman. Yes. Mr. Reggio. Yes, yes, yes. Sure. Vice-chair yes. Nelson bell. Carel Belker cell approved. Mr. . Yes, but your wife, I was absent that the last meeting by then you should say yes. Mr. Reiki. Yes. Yes. We can be Rondo. Yes. Zimmerman. Yes. Kids wanting to sweat application was approved. Yes. Mr. Reggio. Yes. Mr. Patel? Yes. Rondo yes. Vice chairs. Yes. Next is prexa Patel. This application was approved. Mr. Pillory? Yes. Mr. Reggio? Yes. Mr. Patel Rondo? Yes. Vice-chair Zimmerman. Yes. Uh, last, uh, resolution is lien cover. This application was approved. Mr. Tillery? Yes. Reggio. Yes. Mr. Patel, Mr. Minna. Yes. Vice chair Zimmerman. Yes. Those are all the resolutions for the season.  
Speaker 1     01:20:49    Should we move on to the minutes? Sure. Okay. I'm assuming that's item number 13 yesterday. Adoption minutes from the regular meeting of October 14th, 2021. All in favor. Any opposed? Okay. We'll wait for the German. After Mr. Lanford comes back. Oh, are you back, sir?  
Speaker 10    01:21:14    I am back I'm chairman of, if I may, can we, uh, carry this application? Uh, my client has heard, uh, what Mr. Chadwick and Mr. Henderson indicated, and also what counsel indicated. Uh, he will assess that. And either we will, uh, attempt to accommodate the ward or in the alternative. We'll withdraw our application if he doesn't want to accommodate the board. So that there'll be up to him. But, uh, I would like to this matter to be carried so that he has time to consider those  
Speaker 1     01:21:49    Understood Mr. Lanford, Mr. Keneally. We have a date.  
Speaker 2     01:21:53    Are we looking at November 4th?  
Speaker 0     01:21:56    Are you going to be ready by next week? Or do you want to wait until December?  
Speaker 2     01:22:00    That's true. Yeah. We're  
Speaker 0     01:22:01    Early next month because veteran's day,  
Speaker 2     01:22:04    November 4th. I would recommend December.  
Speaker 0     01:22:07    Yes. December 9th.  
Speaker 10    01:22:09    That's fine. As long as you bring me a Christmas present,  
Speaker 1     01:22:13    He  
Speaker 2     01:22:13    Always does.  
Speaker 0     01:22:15    And chairman, there was someone from the public that I had their hand raised. I don't know if you'd like to hear them now,  
Speaker 2     01:22:21    Mr. Keneally, uh, you may want to find out what the issue is. If they're making a comment on the application, which you can stop them because it looks like the application is going to change, but let's find out what their concerns.  
Speaker 1     01:22:32    Laura. You can open it up.  
Speaker 0     01:22:34    Yeah. I D S K  
Speaker 2     01:22:38    Is DSK present.  
Speaker 0     01:22:43    Your hand is raised  
Speaker 1     01:22:47    At D S K  
Speaker 2     01:22:49    Initial description company, but I didn't want to make a comment  
Speaker 1     01:22:55    Now. Diet hell out opportunity on December 9th. If video wants to make a comment. So I'm going to close the public portion.  
Speaker 2     01:23:02    The only one here on AWA construction company, one 50 central  
Speaker 1     01:23:05    Avenue. This has been carried to December 19th with no further notice by the applicant. The only notice you're receiving here tonight. Thank you very much. Thank you, Mr. Lane, for joining the meeting, we're going to make a motion to adjourn this meeting all in favor. Aye. Aye. Once again, thank you for all your hard work. And for those of you who, uh, pitched in while I was taking care of some personal stuff, I am forever indebted to you. Don't forget. Next week we get to meet again. Yes. That's exciting wisdom and be in the bullpen. I might pull it towards me, like my mother Buckley.  Halloween happy Halloween.