Transcript for Piscataway Zoning meeting on April 13 2023
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Speaker 0 00:00:07 I, I refuse to turn my air conditioning on. Speaker 1 00:00:11 Oh, mine's on. It's on. Speaker 0 00:00:14 Couldn't take it, Speaker 1 00:00:15 Huh? No, my room. My are upstairs. I was not even intending to lick my husband. Like, put that thing in the window. Let's moving. Speaker 0 00:00:22 It's 89. My right here on the wall. Speaker 1 00:00:24 Yeah. Yeah. No, I, I was sleeping last night. It was 70 degrees in. Oh, so nice. All right. We are ready, Chairman. Speaker 3 00:00:36 Okay. Let's do this zoning Board of adjustment meeting will please come to order. Adequate notice of this meeting was provided in the following ways. Notice published in the Courier News notice posted on the bulletin board at the municipal building notice made available to the Township clerk notice sent to the Courier News and the star ledger. Will the clerk please call? Roll Speaker 1 00:00:54 Mr. Weisman? Here. Mr. Patel. Unmute Kalpesh. Yes. Speaker 2 00:01:04 Yes. Yes. Sorry. Speaker 1 00:01:06 No, it's okay. I muted you before you were talking, Mr. Goomer. Oh, you made it right. Hi. Mrio is here. Mr. Bla. Hi, Rodney's here. Mr. Hidaka. Here. Mr. Mitterando here. And Chairman Kale. Here. Speaker 3 00:01:28 Will everyone please stand for salute to the flag? Right behind course. The finish line with that one. Mr.. Dacey, do we have any changes to tonight's agenda? Speaker 2 00:01:57 Yes. Two changes. Bradshaw we have is 38 Murray Avenue that will be adjourned until May 11th. That applicant must Those are all changes. I have. Speaker 3 00:02:19 Thank you, Mr. Kinneally. Let's go to item number five is 23 dash ZB. 21 Chaill Papa? Speaker 1 00:02:30 Yes. Hi, is this Shah? Iska. Speaker 2 00:02:33 Hi, I need to swear you in. Could you raise your right hand? Do you swear that the testimony you're give should be the truth? Speaker 1 00:02:42 There's two of Speaker 2 00:02:43 Us here, yes. Okay. Could we have your address please? Speaker 1 00:02:49 I'm sorry. You down Speaker 3 00:02:51 Little. Speaker 2 00:02:52 Could we have your name and address, please? Speaker 1 00:02:55 Is that for me? Yes. Hi, Speaker 5 00:02:58 It's Shika. Last name, Papa Address, nine Brook Hollow Road in Piscataway, New Jersey. Speaker 2 00:03:06 Thank you. Could you explain to the board what you'd like to do here? Speaker 5 00:03:10 Sure. So my husband, Alex, is here with me. We purchased the house last year, as is to find out that the garage was converted into living space, and we just wanna keep it as is. Speaker 3 00:03:33 Mr. Hinterstein, do you have any questions or comments on this, sir? Speaker 7 00:03:41 Yes, Mr. Chairman? Actually, the only comment I have is that, again, this house was built in 1974, which is prior to the garage ordinance. So I don't see any issue with the conversion itself. There are three vehicles, three vehicle parking spaces that are available on the driveway. So it meets the R S I S for off-street parking. My only concern would be that they are gonna be required to get the building permits, to get the necessary inspections to make sure that the garage conversion was done in an appropriate manner. So they're gonna have to, the only condition I would recommend is that they get the appropriate building permits and inspections so that we know that the conversion was done in a safe and appropriate manner in accordance with the law. Speaker 3 00:04:29 Got it. Okay. Any other members of the board have any questions for this applicant? Ms. Papapa, you heard the, the conditions met put forth by Mr. Hinterstein about the inspection? Speaker 5 00:04:42 Yes, sir. Yes, sir. And I totally, and Speaker 3 00:04:45 You, and you agree Speaker 5 00:04:45 To that? I do agree to that. Yeah. I actually wanna do that before we start living in that. I w I have a little four-year-old and I wanna make sure everything is done reasonably safely. Safety is our priority, so yes, you do agree? Speaker 3 00:04:58 Absolutely. Great. Thank to hear hearing No other members of the board have any questions. I'm gonna open it to the public. Anyone in the public have any questions for this application? Questions or comments? Questions or comments? I apologize Mr. Kinneally. Speaker 1 00:05:11 No. One Chairman. Speaker 3 00:05:12 Okay. Scene nine on hearing none. I'm gonna make a motion to approve this application with the condition Henry put forth with the inspection. Please call Speaker 1 00:05:23 Mr. Weisman. Yes, Mr. Patel Kalpesh. Speaker 3 00:05:30 Come on. Kalpesh. Speaker 1 00:05:36 Mr. Reggio? Speaker 3 00:05:38 Yes. Speaker 1 00:05:39 Mr. Blan? Speaker 3 00:05:42 Yes. Speaker 1 00:05:43 Mr.. Dacey? Yes. Mr. Mitterando? Speaker 3 00:05:46 Yes. Speaker 1 00:05:47 Chairman Cahill? Speaker 3 00:05:48 Yes. Speaker 1 00:05:49 And Kalpesh? Yes. Thank you. Speaker 2 00:05:53 Your application has been approved with the one condition that we just discussed. We will memorialize this in a written document at our next meeting and mail that document to you. You don't need to be present for that. Speaker 5 00:06:03 That's perfect. Thank you guys so much. Luck. Good luck. And Laura, thank you Laura. I appreciate all your assistance. I know we've been back and forth a hundred million times, so I really do appreciate it. My pleasure. Thank you, gentlemen. Have Speaker 3 00:06:17 A good night. Have a good night. Have Speaker 5 00:06:18 A great night, everyone. Thank you again. Speaker 3 00:06:20 We all love Laura. Speaker 5 00:06:22 Let's, now Speaker 3 00:06:24 Let's go to item number 7 22 ZB dash 12. Patel. Speaker 2 00:06:31 Is Patel present? Speaker 8 00:06:32 Yes. I'm here. Speaker 2 00:06:34 I need to swear you in. Could you raise your right hand? Yes. Do you swear that the testimony you're about to give should be the truth? Speaker 8 00:06:40 Yes. Speaker 2 00:06:40 Your name and address, please? Speaker 8 00:06:42 Me, Patel 14 Linden Street. Picard. Speaker 2 00:06:46 Thank you. Could you explain to the board what you'd like to do here? Speaker 8 00:06:48 Yeah. So we would like to install gazebo in our backyard. And we came to know, right, the, the Township requires a permit. So we are just putting in a permit to install a gazebo. The location is going to be in the backyard towards the left hand corner of our property. Speaker 3 00:07:09 Okay. Mr. Hinterstein, could you go over your site impact? Speaker 7 00:07:14 Yeah. Really don't have too many issues with this application other than the fact that they're a little bit too close to that rear property line. Yeah, they re they requested a two foot variance. The requirement is a eight foot rear yard setback for an accessory structure. I think a good compromise would be half of that in this particular case, since it is a corner lot and, and they do have a parking lot behind them. That's part of the park, the Township park. But that being said, I still think four feet is the more appropriate setback, which is a little bit more in line with the accessory structure, setbacks and, and what a typical shed setback Uhrin would be approved for. Speaker 8 00:08:01 Can I please say this is actually, I understand with the shared, but this is just the gazebo and like you said, there is no residence behind us, if that's often a concern. It is just mainly an open area. All of that left corner on our space. So we would actually like to request, if not two feet, can we at least have three feet variances on that. Literally, there are just couple trees along our fence line and there is no obstructions to any of the other residents or any of the other properties in the back. It's just an open space. Speaker 7 00:08:35 I, I think the three feet would be acceptable, which is in line with the, the shed hundred square foot shed ordinance. Due to the fact that there is just a Township parking lot behind this. I don't think it really has much of an impact. So I, I I could, I think that the three feet's acceptable. So Mr. Chairman, Speaker 9 00:08:55 I don't, I don't have an issue Speaker 3 00:08:56 With that. Thank you, Henry. We appreciate that. It's, it's a good compromise with the rest. Yes. Speaker 8 00:09:01 Thank you. Thank you very much Mr. Henry. I appreciate Speaker 3 00:09:03 It. Any other members of the board of any questions for this application or comments? Hearing none, I'm gonna open it to the public. Anyone in the public have any questions or comments about this application? Speaker 1 00:09:16 No. One Chairman. Speaker 3 00:09:17 Okay. I'm gonna close the public portion and make a motion to approve the application with the shed being moved Three feet, not four feet as stated in the site. Impact. Can I get a second? Second. Just Speaker 2 00:09:31 For the record. It's gazebo, Speaker 3 00:09:33 Not, not check. I'm sorry. I apologize. I apologize. Speaker 1 00:09:37 I would've wrote it up the right way. Don't worry. Mr. Weisman? Speaker 3 00:09:40 Yes. Speaker 1 00:09:41 Kalpesh. Patel? Yes. Mr. O'Reggio? Yes. Mr. Dacey? Speaker 3 00:09:48 Yes. Speaker 1 00:09:48 Mr. Dacey. Yes. Mr. Mitterando? Yes. And Chairman. Cahill? Speaker 3 00:09:54 Yes. Speaker 2 00:09:55 Your application is amended. Has been approved. We'll memorialize it in a written document at our next meeting and mail that document to you. You don't need to be present for that. Speaker 8 00:10:03 All right. Thank you very much. Speaker 2 00:10:04 Good luck. Speaker 3 00:10:05 Good luck. Let's shoot on over to item number 9 23 dash ZB dash 24 v Wallace Tillman. Speaker 9 00:10:14 Yes, Speaker 2 00:10:14 Mr. Tillman? Mr. Tillman, I need to swear you in. Could you raise your right hand? Yes. You swear that the testimony you're give should be the truth, Speaker 9 00:10:23 Sir. Speaker 2 00:10:24 Thank you. And your name and address, please? Speaker 9 00:10:26 Wallace Tillman, 85 North Randolphville Road, Piscataway, New Jersey oh 8 8 4. Speaker 2 00:10:33 Thank you. Mr. Tillman, could you explain to the board while you're here? Speaker 9 00:10:37 Yes. Board members, I'm here cause I wanted to get a variance to have an additional foot added onto my fence. In the prior location that my wife lived, we had a corner property. And on the corner property, when I went to get a permit, they told me that I could only go four feet on the corner property cause I'm on the corner. But if I wanted to have a privacy part behind my house, I can go up to six feet. And so that's what I did. So when my wife and I moved to Piscataway, I was on the same assumption. That being that I don't live on the corner. I have a, I'm, I'm on the main street and like no 50% solid on my fence. Everything is completely open. So when the guy came to install it, he said, well, you know, we've installed other fences here in Piscataway, and some of them was on the corner and there was at least six feet. Speaker 9 00:11:34 I said, well, I was told that I can only have four feet. So he said, well, I don't understand that because you, you're not on the corner, you should be able to have five feet. I said, well, I'm telling you what I was told. So when I did the five feet and the inspector came out to inspect, he said, well, wait a minute, you know, this is five according to your request, you know, you wanted four and this is what we are approved for, but now it's five. So I, you know, I was told at that point that I need to get a, and see if the board would approve me to have the additional ip. My property is completely open, 9% open. There's no solid on the fence at all. So it's like 10% solid, 90% completely open, and it's not on the corner. So I'm requesting additional, allow me to keep the additional foot that I went over on the, on the fence, please, Mr. Speaker 7 00:12:29 Mr. Hinterstein, could you please interject? Yeah. This is a case of basically, I mean it's a unique case because Mr. Tillman applied for a permit. I assume he came into the Township when he applied for the permit, was told that you're allowed only a four foot fence, 50% solid in a front yard. That's what he represented on the permit that he submitted. It's, it's very clear on the permit that he put in for four foot high, 50% solid as you know, to then go and do something that basically conflicts with the permit that you were given. And what you were told is, is not a hardship, it's a self-created hardship. So unfortunately, whether a contractor told Mr. Toman something that he shouldn't have, I don't know. That's between Mr. Toman and the contractor. I'm not privy to what his conversation was. All I do know is he came in, he asked for a permit for four foot, 50% solid defense within the front yard, step back, and he put up a five foot fence. Speaker 7 00:13:40 Case law is very clear on self-created hardships. They're not hardships, they're self-created occurrences. In this particular case, there's nothing that justifies the issue into the variance because if, if you issue this variance based on a self-created hardship, then what'll happen is what's the point of zoning? What's the point of permitting and requirements? Because then people will do whatever they want. Say they didn't know, or we made a mistake and come in here and ask for forgiveness. And then the problem is, is that now instead of 10 foot side yard setbacks, you have eight foot side yard setbacks instead of 40 foot front yard setbacks, you have 30 foot front yard setbacks if people just do whatever they want. In this particular case, what's even more unique is the fact that he came into the office, filed for the permit, noted on the permit what is allowed. Speaker 7 00:14:39 So he knows what was allowed. So I just, I just don't understand why he went regardless of what somebody told him. And if he knew a permit was necessary and he wanted to change the height of the fence, if he would've come back into the board and asked or back into the Township and asked, Hey, can I put on this five foot fence? Or I wanna modify my permit, he clearly would've been told that that's not acceptable. And he wouldn't have gone through the trouble of putting in this fence and now be in the predicament in. So again, I mean I feel form and you know, I don't know what his intentions were, but it's very clear he came in, he got a permit for four foot fence and he didn't put in a four foot fence. So, I mean, the options are, you could relocate it to the front yard setback. Speaker 7 00:15:28 I think the house is set back more than the, what the setback requirement is. But you know, in a front yard setback, it has to be four feet and 50% solid. We usually have a little bit more leeway on corner property. So this is not a corner property, this is a regular property. And again, a permit was, was issued for the fence that is allowed. And he went and he put in a fence that is not allowed. So I, I dunno, again, I I don't see any justification for the, for any kind of hardship variance here. Speaker 9 00:16:07 May, may I ask a question? May Speaker 3 00:16:09 Mr. Dacey, go ahead. Speaker 9 00:16:11 Well, I just wanna get, be clear things. I, I guess my concern was when I seen all the other neighbors in the area that had six foot fence and it was all solid, you couldn't see them at all. Rather than having 50% solid, it was 100% solid. Cause there was nothing, you couldn't see anything in their property. And mine is not even six foot minus five. And I'm seeing not just one. I mean, I've taken pictures of them Speaker 7 00:16:40 Tell me there is nobody between Grandview Avenue and William Street on your side of the street that I could think of that has a six foot solid fence in the front yard setback in the front of their house that's not a corner property and received the variance prior to putting it up. Speaker 9 00:17:02 I, I, I don't, I don't know what I mean. I I don't know what it's to do guys. I was trying to do everything within my understanding as far as getting permits for the, for the shed, getting permits for the permit for the electrical new here, the area. I was trying to do everything I was supposed to Speaker 3 00:17:21 Do it. It sounds like you did, it sounds like you did part of it, you did the front part of it on the back end. It seems like you took the advice of the, the, the contractor who gave you bad advice. So you, your beef might be just with him. I mean you, you applied for what you applied for and the, the, your, your construction guy put in a different fence. I don't mean a different fence, but a different height. So your beef might be with him and let him incur that the, the Speaker 9 00:17:48 Cost of moving the fence. Okay, so lemme get a a, a more clearance. I understand he says I can still have the five foot as long as I move it back two feet from the front. Am I correct on that? Speaker 7 00:18:03 Has to be on the front yard setback. So I believe in an R 15 zone, the front yard requirement is Speaker 10 00:18:11 40 feet, Speaker 7 00:18:12 Excuse me, Speaker 10 00:18:14 40. Speaker 7 00:18:15 40. So 40 feet from the property line. You could have a five foot, that five foot fence. It's not a problem. The problem is, is that it's all the way out within that front yard setback, which is not, you know, most people and you could, you know, as you see on North Ranch, don't have their front yard's fence unless it's a small picket fence. Again, 50% solid four foot fence, not a problem. But for a five foot fence, it has to be 40 feet off of the property line. So I don't know how your house sits on the lot, if it's 40, 50, 60 feet away from the property line. But you can go what the ordinance says you can go and that's 40 feet from the property line, 50 feet probably from the curb. It depends because the, the property line and the right ways are a little bit different on North Randal Road and on mo streets cuz it's a little bit of a wider street. So you're allowed 40 feet from the property line. That's where you could relocate the fence to. You know, it, it can't be in the front yard setback. Speaker 9 00:19:18 So do I need another permit for that? Speaker 7 00:19:22 You would need to come in and modify that permit that you already received. I think if you came in and showed it as a five foot fence on the front yard setback, you could probably modify it. I'm gonna have to check with the other zoning officer on that and whether or not she'll allow you to modify the permit or if you're gonna need a new permit to remove it. And then now put in a new, a new location since that other permit was for a four foot fence and this is a five foot, I'm thinking you might need to get a new zoning permit showing the new location and the, the new height of the fence. Speaker 9 00:19:58 Okay, one last question. So if I were to take a foot off the top of the foot, will, I mean off the, off the top of the fence, what, and, and it's four foot. Would am I within my rights to do that? Speaker 7 00:20:12 You can. The only thing you're not allowed to have is a spike top on the fence. So the fence has to have a flat, a flat height fence. You're not supposed to have pickets or, you know, anything sharp. It might be easier actually to cut the bottom of the fence and then reinstall it. Speaker 9 00:20:30 But there, there, there is no spikes on top of the fence. Now it's completely flat. There's no spikes. Speaker 7 00:20:38 I'm saying if you're allowed to have a four foot fence, but the other part of the ordinance in town is you're not allowed, you're not supposed to have spikes, barbed wire, anything that somebody could imal or get hurt on. So if you cut the fence, although it's flat now you need to be at four feet. So if you cut a foot off of your fence, I have this feeling that now you're gonna have the pick, the spindles will be sticking up. I won't see how you, you can do that. If you can do it great. Speaker 9 00:21:08 As Speaker 7 00:21:09 Long as the top is flat and there's no protrusion, Speaker 9 00:21:12 It's flat. It be the same. It's flat and it'd be the same caps that's on it now. There's nothing sticking up. It's completely flat all the way around. Speaker 7 00:21:22 You could get it to four and flat. That's fine. That's allowed. Speaker 9 00:21:27 Do I need a permit to do that? Speaker 7 00:21:30 No. No, because you already have a permit for a four 50% solid. Speaker 9 00:21:34 Well, do I need to get approval if I have that done without having to setback feet 40 feet or 50 feet or whatever it is you said Speaker 7 00:21:42 You just need to modify the fence so that it's four feet and if there's no spike top to it or no spindles protruding out the top. Speaker 9 00:21:50 So I need to Speaker 7 00:21:51 That and, and then just call the code code enforcement officer that issued the violation and he'll inspect it and he'll approve it. Speaker 9 00:22:01 So I don't have to do any additional paperwork. This what you're telling me. Right. Don't Speaker 7 00:22:04 Have to do any additional paperwork. Just Speaker 3 00:22:06 Take the foot off the top of the Speaker 7 00:22:07 Fence. Has to be what you represent in a four 50% solid, no spike top. Speaker 9 00:22:15 Unbelievable. Okay. Speaker 3 00:22:17 Okay. Mr. Dacey Speaker 2 00:22:19 The applicant also for two other variances, Speaker 9 00:22:21 Either. Speaker 3 00:22:24 Understood. Speaker 9 00:22:25 Thank you. Speaker 3 00:22:27 Henry Chairman Speaker 2 00:22:30 Listed. Speaker 7 00:22:32 Yeah. Believe the other variances, there's a 20 foot rear yard setback for a deck, which is existing. Don't have any issue with that deviation is the mini that's been there for a while and then the shed is only a half a foot off of the requirement. That's also been there for quite some time. I don't see any issues with that. Okay. So I don't have any issues with the existing variances for the shed and the deck. Speaker 2 00:23:04 So you're recommending that they grant two variances and deny the third? Speaker 7 00:23:07 That's my recommendation. Speaker 3 00:23:13 Anyone else on the board of any questions, comments? Okay. Hearing none, I'm gonna close it. I mean, I'm gonna open it to the public. Anyone in the public have any questions about this application or comments? Speaker 9 00:23:29 No one Chairman. Speaker 3 00:23:30 Okay. Hearing none. I'm gonna close the public portion and make a motion to approve the, the two ladder application, the applications, the request rather. And if had, do we deny the five foot fence, but Speaker 2 00:23:47 Yes. Yeah, it would be green thing. The rear yard setback in the shed location and denying the fence. Five yard fence. Five foot fence. Speaker 3 00:23:56 So, okay, so that motion is so made. Can I get a second? I'll second it. Okay. Please call the roll. Speaker 1 00:24:04 Mr. Weisman? Speaker 3 00:24:05 Yes. Speaker 1 00:24:06 Mr. Patel. Mr. Reio? Yes. Mr. Blan? Speaker 3 00:24:15 Yes. Speaker 1 00:24:16 Mr. Dacey? Yes. Mr. Mitterando? Yes. Mr. Patel? Yes. Thank you. And Chairman. Cahill? Speaker 3 00:24:25 Yes. Speaker 2 00:24:26 Mr. Tillman? Two variances were granted this evening. One was denied. We'll prepare a written document and mail that document to you. Speaker 1 00:24:35 I think he's off already. Speaker 3 00:24:37 Okay. He knows what he has to do. Okay. All right, let's go on it. Item number 10 22 DB one 10 V Speaker 2 00:24:48 Is Jamar Neal present. Speaker 11 00:24:50 Hello, I am present. Speaker 2 00:24:52 Mr. Neal, I need to swear you in. Could you raise your right hand? Do you swear the testimony you're to give be the truth? Speaker 11 00:24:58 I swear. Speaker 2 00:24:59 Thank you. Could I have your name and address please? Speaker 11 00:25:02 Jamar Neal. 2 21 second Avenue, Skyway, New Jersey. Speaker 2 00:25:06 Thank you. Could you, what you'd like to do here? Speaker 11 00:25:09 I'd like to install privacy fence on corner lot at 2 21 Second Ave. The backyard of my residence is on Brentwood Avenue. The front is on Second Avenue. Speaker 3 00:25:26 Mr. Hinterstein, do you have any comments or questions about this application? Speaker 7 00:25:32 I think my recommendation on this application was that the applicant should just move the fence a little bit further back again so that it's, you know, this is a 50 foot front yard setback requirement due to the r r one zone. The lots are quite substantial in this area. They're, they're all approximately an acre or larger. So I don't think moving the fence back another seven feet would really cause any undue hardship to, to Mr. O'Neal due to the fact that the backyard's still gonna be quite substantial, probably more than half an acre. So if he didn't have a problem with the relocating, it just slightly further back 30 feet from the property line, I think that keeps the site corridor of Brentwood drive open a little bit more than what's proposed now. And other than that, I think the only other requirement was providing five foot temporary construction easements along both road frontages for possible future road construction. There were temporary easements if the Township were ever to do some, some work in the right of way and we damaged, let's say the lawn, we would be required to fix it, but we would have them the permission to do so by having that temporary construction easement. Speaker 3 00:26:59 Thank you. Mr. Dacey, Speaker 11 00:27:04 I was just gonna ask the, the architect if, if possible, if, if we can keep it, what, what, what we planned to do was, it is a substantial yard, but I wanted to maintain as, as much as possible if it's not a line of site issue, if, if maybe we can just split the, the seven and half and maybe meet there. Would that be something that we can do? Speaker 7 00:27:29 Deal. Speaker 3 00:27:31 Okay, Speaker 11 00:27:31 Thank you. Speaker 7 00:27:33 So we'll split the difference. Let's call it 27 feet instead of 30. Is that okay? Speaker 11 00:27:41 That's fine. Speaker 7 00:27:43 Okay. And thank you. If you're okay providing the Township, we'll prepare a temporary easement construction easement documents. Speaker 11 00:27:52 Yes, I, I'll, I'll provide you Speaker 7 00:27:55 Again, it's temporary. It's only if there's a construction that's done on the street and only if we go into that five foot area that's adjacent to the property line, we be responsible to repair it. But we would have then the ability to do so with your permission to fix it. Speaker 11 00:28:14 Absolutely. Speaker 3 00:28:15 Okay. Any other members of the board have any questions for this application? Hearing none, I'm gonna open it to the public. Anyone in the public have any comments or questions for this application? Speaker 1 00:28:26 No. One Chairman. Speaker 3 00:28:27 Okay. Gonna close the public portion and I make a motion to approve the application with the compromise between Henry and Mr. Neil. Can I get a second? I'll second. Thank you please. Coro. Speaker 1 00:28:43 Mr. Weisman? Speaker 3 00:28:44 Yes. Speaker 1 00:28:46 Kalpesh? Speaker 3 00:28:49 Yes. Speaker 1 00:28:50 Thank you. Mr. Reggio? Yes. Mr. Dacey? Yes. Mr. Hidaka? Yes. Mr. Mitterando? Yes. And Chairman cao? Speaker 3 00:29:01 Yes. Speaker 2 00:29:02 Mr.. Dacey. Your application's been approved as amended. We in document at our next meeting. You don't need to be there for we'll mail document to Speaker 11 00:29:12 Thank you. Good Speaker 3 00:29:13 Luck. Good luck, sir. Speaker 1 00:29:14 Have a good night. Speaker 11 00:29:16 Have a good night. Speaker 3 00:29:16 Let's move on to item number 1123 ZB 16 V. Speaker 2 00:29:23 Is Haba present? Speaker 12 00:29:25 Yep. Speaker 2 00:29:26 I need to swear you in. Could you, your right hand? Yes. You swear that testimony you're give be the truth? Yes. Your name and address please. Speaker 12 00:29:35 So, and address is 76 Montgomery Street, Picard, New Jersey. Sorry. Speaker 2 00:29:42 Thank you. Could you explain to the board what you would like to do here? Speaker 12 00:29:46 So I have three kids and actually I'm my, I have my mother also living with me. So I have a range and it's L-shape house right now. So I'm trying to square it up and put the one floor above so all the kids get the bedroom. And my mom also gets the bedroom on the first floor. So while I'm spending money, I thought I should like do the open layout and put it out the money to proper, like proper house. So that's what I'm trying to do. And I see there were a couple of the items, I mean, one of the Cahn concern I saw was a house is gonna be 5,000 feet. I don't think it's gonna be 5,000. It's gonna be somewhere around 3,900 square feet. So that's one mess on our end, I noticed. And I, in this, I mean architect will explain you also, but I am asking if it's okay to get me sizing so I can get the proper size of house for the all the kids and my, my mother, my kids are younger, so they will be here for at least next eight years with me. Speaker 3 00:30:57 Well, Henry, Mr. Hinterstein, would you please address some of the issues that the applicant has already addressed and some others that you have on your site Impact? Speaker 7 00:31:09 Yeah, I mean, basically the, you know, the, the, the problem here is that you have a, a lot in a R seven five zone, I believe it's approximately 7,500 square feet, which is what's allowed in the zone. What's allowed is 20% coverage. So you're allowed a footprint of 1500 square feet. You know, if you came in with a, you know, a plan that maybe had 22%, 22 and a half percent, the board could look at that and say, you know, yeah, it's a deviation. But, you know, considering, you know, you have kids or your mom wants to live there, you know, it may be acceptable, but you know, you're going from a house now and, and my report doesn't say that the house is 5,000 square feet. It says it's gonna have a proposed over 5,000 suite and gross floor area, square foot area, which is different than the footprint of the house. Speaker 7 00:32:06 How bad? Okay, so I mean that's just to give you an idea that right now you have a gross floor area in that ranch house of approximately 2200 square feet and you're pretty much, you know, quite substantially more than doubling it. So yeah, I mean there's, you know, you have the basement, you have the first floor, you have the second floor, you think you need to go back to your architect or your engineer, whoever did the plans for you. And my suggestion would be is to try to come up with a solution or a, a revised plan that gets you closer, much closer to the 22 and a half, 23% range if you wanna, I think the board to look at this favorably, but to come in here and ask for, you know, 28% coverage, that's, that's, that's not gonna happen. That's not gonna fly. No. At least that's my opinion, that it's not gonna happen. Ultimately the board makes that decision. Also, I need, you know, a zoning table to be provided on the plan that shows all the setback and coverage requirements in this zone, what's existing and what's proposed. So it's very clear to us what the variances are for your proposal. Speaker 7 00:33:19 Also note that if you're asking for a setback variance, then the 18 inch overhangs that you have on any soften or roof has to be counted towards the setback. You don't get 18 inches if you request a variance, you only get 18 inches. If you meet the setback requirement, they'll let you go another 18 inches on an overhang or a soffit or second floor cantilever. But once you put yourself in a varying situation, now any cantilever or overhang or soffit is counted towards the setback requirement. So you only get the overhang requirement or the overhang exemption if you know you have a first floor that complies with the, with that setback requirement. Also, you need to have a garage that's 12 by 20, so it meets the ordinance. The garage that you had provided on the, on the plan was much shorter, I believe, than the 20 feet. Speaker 7 00:34:21 Half as as a garage. Yep. So that one I can adjust. Yeah. And then, and then same thing. You have encroachments into the side yard setback that were quite substantial. The BCO doors, that side entry, you might wanna look to see if you could somehow relocate those to the rear of the property because again, you only have an eight foot side yard setback. If you were going one or two feet into the side yard setback, I would say perhaps that's not a problem. But you were going, you know, four feet, five feet into the setback with those bill code doors, that's a problem. So I think you need to look at the intensity of the variances that you're requesting and especially that coverage variance. Those are the the main things I think you need to go back and, and look at when you, when you attempt to revise this plan. Speaker 7 00:35:09 And you could revise the plan and then be more than happy to take a look at it for you before you come back to the board so that you know, we don't waste your time with the board's time at a meeting trying to do this at a meeting. I think you need to try to work this out with your architect, get it close, and then maybe approach me during working hours or send me an email of the pdf, you know, the plans in the PDF format so that I could review 'em and give you some feedback perhaps before the next Speaker 3 00:35:42 Yep. Thank you Henry Mr. Dacey. I think that recommendation by our, our Township engineers is the proper course to take this juncture. We can put this off, we can move this off to another date. Once you're architect, Mr. Hinterstein and yourself can, can work through the particulars to come up with a plan and a, some details that the Township can live with and you would be happy with as well. Okay. Appreciate it. Okay, that's, that's fine. Speaker 2 00:36:13 We have to give him a date tonight so he doesn't have to notice again. Yeah, I, I would, I would recommend June 8th. I think you have enough time to get it in probably too Speaker 3 00:36:21 Quick. Fine. Is that good with you Mr. Bot? June 8th? Yeah. Gives you enough time between now and then to get what you architect to get with Mr. Hinterstein? Yes. Okay, sounds great. Thanks again. Okay, Speaker 2 00:36:33 So anyone here on the bot application 76 Montgomery Street? It's going be carried to, to June 8th with no further notice by the applicant. The only notice announcement tonight. Speaker 3 00:36:46 Okay, have a good night, sir. Item number 12 three dash ZB eight. Adam? Speaker 13 00:36:58 Yes. Adam, Speaker 2 00:36:59 Raise your right hand. Do you swear that the testimony you're about to give should be the truth? Speaker 13 00:37:04 Yes. I swear Speaker 2 00:37:05 Your name and address please. Speaker 13 00:37:08 Name is Adam Burhan. Address is 10 Harmony Street, Piscataway, New Jersey. Speaker 2 00:37:12 Mr. Behan, could you explain word while you're here? Speaker 13 00:37:14 All right. This two things. I I have two variances in this one. One is to keep her remaining. Should this existing that is closer than should be for the property line. It's existing share that I bought when I bought the property back in 2016, would like to install a privacy fence around the property. The second variance is for the shed, I'm sorry, not the shed, the fence side. There'll be on London place. I was requesting for a variance to install the fence on that side of the street. Speaker 3 00:37:49 Thank you, sir. Mr. Hinterstein, can you offer some insight onto this? Speaker 7 00:37:53 Yeah, I really don't have any issue with the, the shed location due to the fact that the fence that's being put in is gonna help offer that and screen it out. My only issue is this is a corner property and I think on, I believe it's Harmony Street. No, I'm sorry. It's on Linden. Correct. Speaker 13 00:38:14 Also, yes, the harmony. So Speaker 7 00:38:16 The, the, the fence line on Linden needs to be moved back, so it's a minimum of 10 feet off the property line. I think that's, again, if the requirement in the zone is 35 feet, the fact that I think we're asking for 10 feet is a pretty good compromise. And I think that keeps that corridor open enough where it doesn't cause an issue for anybody parking their cars on Linden place. So as long as you're in agreement to that, I i I think we could look favor upon this application and leave the, the shed where it is. Speaker 13 00:38:52 All right. Thank you for your recommendation. I would like to ask if, if there is no line of sight issue a properly an adjustment of possibly making an eight feet from the property line. The only reason I'm asking for this adjustment is because it will leave me clearance of 10 feet if we go with the eight feet from the property line, from the fence to my house, and also allow me to connect the fence properly. I have some trees lining the back of the house and having eight feet from the property line will allow me to successfully connect it without disrupting anything on the back of the property line. Speaker 7 00:39:26 Yeah, I mean, looking at this one, to be honest with you, I think the, the 10 foot is necessary and the reason being is I think there's some other homes on, on Linden Place and the reasoning for it is it's not the, the site triangle. Well, it's partially the site triangle, I think where it's shown where the highlight was shown. It's very close to being in the site triangle with it moving back the 10 feet definitely outta the site triangle number one. But the more important thing is, is I want cars that are pulling outta their driveways on lend them place to, to be able to have a full car length of visibility. So if their back of their car is at the curb line, when they're looking down either side of the street, well towards your house, that fence is a full car length now set back from the, from the street. Speaker 7 00:40:22 So I, I, again, you gotta remember the requirement is 35 feet. In a case like this, a lot of times we've told people to match the fence up with the house because your house is already substantially into that front yard setback. So, I mean, a lot of times people will line up the fence with the back corner of the house so that it matches the house and in this case you would have 18 feet of a setback requirement. So I think we need the full 10 in this particular case. I think that'll take it to, in front of your sidewalk. So it'll still be a foot or two outside of your, your, your sidewalk that's along the side of the house and I just think that's the appropriate location in this particular case. Speaker 13 00:41:04 Okay. Just so you know, that street linen place, there's no sidewalk there that's all full grass there, the curb in the street. So it's not like a, a normal street there on Linden place. No, Speaker 7 00:41:15 I understand. Speaker 13 00:41:16 Okay. I just wanna make sure Speaker 7 00:41:17 That's not what had the, the impact on it. Speaker 13 00:41:20 Oh, okay. Speaker 3 00:41:22 Mr. Behan, I think it's a good deal, to be honest with you. When, when it couldn't be 35 and we're only asking for 10, I think you're ahead of the game at this point. I, I'd follow my cards and push away from the table at this point. Speaker 13 00:41:33 Yeah, it's no problem. I just wanted a question on this. No, Speaker 3 00:41:36 I want you to get all the clarification. You, you, you are entitled to without question. Speaker 13 00:41:40 That's fine. I just wanna make sure I submit a permit for this going forward and I wanted to change it to a four foot on that side. That's no problem. Right. If I decide to do that, Speaker 7 00:41:48 Not a problem. You could go up to the property line with a four foot, 50% solid fence. Speaker 13 00:41:54 I'd like a picket fist four feet. Speaker 7 00:41:56 Right. Do that. Any, you could do that at any time without an approval. Perfect. That's the ordinance. Speaker 13 00:42:02 Thank you. Speaker 3 00:42:03 Any other questions for any members of the board? Hearing none, I'm gonna open it to the public. Anyone in the public have any questions or comments for this application? Speaker 1 00:42:13 No. One Chairman Speaker 3 00:42:13 Okay. Close the public portion. I'd like to make a motion to approve this application. Can I get a second? I'll second it. Please. Call roll. Speaker 1 00:42:23 Mr. Weisman? Yes. Mr. Patel. Mr. Regio? Speaker 3 00:42:31 Yes. Speaker 1 00:42:32 Mr. Dacey? Speaker 3 00:42:33 Yes. Speaker 1 00:42:34 Mr. Hidaka? Yes. Mr. Mitterando? Yes. Kalpesh? Speaker 14 00:42:41 Yes. Yes. Yes. Speaker 3 00:42:46 Form? Yes. Yes. Laura Speaker 2 00:42:48 Mr. Dacey, your application as amended has been approved. We'll memorialize written document our next meeting that document to you. You don't need to be present. Speaker 13 00:42:56 Thank you so much everyone. Thank you, Laura. Thank you Adam. Speaker 1 00:42:59 Have Speaker 3 00:42:59 Mr. Speaker 13 00:43:00 Thank you. Speaker 3 00:43:02 Let's take it up to item number 1323 ZB six Patel. I killed that. I'm really sorry, by the way. Problem Speaker 2 00:43:14 Patel present. Speaker 15 00:43:15 Yes. Speaker 2 00:43:16 I need to swear in you. You swear that testimony you're Speaker 15 00:43:21 Yes. Yes. Speaker 2 00:43:22 Thank you. Could you ex give us your name and address please? Speaker 15 00:43:26 Yes, my name is Karti Kumar Patel. The address is 12 0 8 Brookside Road, Pisca, New Jersey. Speaker 2 00:43:34 Thank you. Could you explain to the board what you'd like to do here? Speaker 15 00:43:36 Yes. We'd like to add another story to our ranch house that we purchased in 2016, and we'd also like to request as we have eight foot on one side, we would like to extend it to 10 foot for the renovations, Speaker 3 00:43:54 Not 10 foot. Mr. Hinterstein, can we take a look at this? Speaker 7 00:44:02 Yeah, I mean, from not mistaken there, you're saying that the addition is being indented slightly. Speaker 3 00:44:13 Ms. Patel? Speaker 15 00:44:15 Yes. Sorry, the voice was coming off a little bit. Speaker 3 00:44:21 We're Speaker 7 00:44:22 Not, the addition's not gonna be any closer to the side property line, correct? Correct. So you're actually, I I believe you're actually indenting it slightly so that the addition actually complies with the side yard setback, correct? Speaker 1 00:44:36 Correct. Speaker 7 00:44:37 Yeah. Again, from from Dawn's report on this particular one, she did the report on this. It seems like the variances for the existing conditions are the minimus, even though we're going up with a second story. I believe it's 8.7 instead of 10. Okay. She, there's really no, I think any, any issues with the, Speaker 3 00:44:58 Any issues. Okay, Speaker 7 00:44:59 Great. And the marriages that are being requested. Speaker 3 00:45:01 Okay, great. Any other members of the board of any questions for this application? Hearing none, I'm gonna open the public. Anyone in the public have any comments or questions about this application? Speaker 1 00:45:12 Yes. Brian Rack. Speaker 3 00:45:14 Okay. Speaker 2 00:45:16 Could I have your name and address please? Oh, Speaker 1 00:45:18 Wait, I have to let him talk. Sorry. Okay. Thank you. Yeah, Speaker 16 00:45:22 I was gonna say 47 Brookside Speaker 2 00:45:26 Road. Thank you. Mr. Dacey swear testimony. Yes. Yes. Go ahead please. Speaker 16 00:45:34 I just wanted to say like, I'd support this. No problems. They're surrounded by three giant, two-story houses that are much closer to the road than they are. It's gonna look, honestly better to have a two-story house there than one story. That's all I had. Speaker 3 00:45:46 Thanks. That's great. Thank, thanks for the input. Speaker 1 00:45:48 Thanks Greg. Speaker 3 00:45:49 Any other members of the public? Speaker 1 00:45:52 No. Chairman. Speaker 3 00:45:53 Okay. Hearing no other comments from the public, I'd like to close the public portion and make a motion to approve this Speaker 1 00:46:02 Second. Okay. Speaker 3 00:46:13 Call the roll. Speaker 1 00:46:15 What a day. Mr. Weisman? Yes. Kalpesh. Speaker 3 00:46:22 Did you mute him? Speaker 1 00:46:23 Yes. Yes, yes. Thank you. Thank you. Okay, Speaker 3 00:46:25 Kalpesh. Speaker 1 00:46:25 Thank you. You're almost there. Kalpesh. Mr.. Dacey. Roy Mr. Dacey. Speaker 3 00:46:33 Yes. Speaker 1 00:46:34 Mr. Hidaka? Yes. Mr. Mitterando? Yes. And Chairman Cahill. Yes. Speaker 2 00:46:40 Ms. Patel, your application has been approved. We, we'll memorialize it in a written document next week at our next meeting and we will mail that document to you. Speaker 1 00:46:48 All right, thank you so much. Speaker 3 00:46:50 Good luck. Have a good night. Take care. Thank Speaker 1 00:46:52 You, you too. Good Speaker 3 00:46:53 Night. Let's move on to item number 14, the adoption of resolutions from the regular meeting of March 23rd, 2023. Speaker 2 00:46:59 First resolution is Moses and Abram Coptic Orthodox Church, which you voted to approve. Mr. Weiss? Yes. Mr. Dacey. Speaker 1 00:47:10 Mr.. Speaker 2 00:47:12 Dacey. Yes. Mr. Mitterando? Yes. Mr.. Speaker 1 00:47:20 Dacey. Chairman. Cahill. Oh, Speaker 3 00:47:21 Sorry. Yes. Speaker 2 00:47:23 Next up. Next. Mike's, which you voted to approve. Mr.. Dacey. Yes. Mr. Patel. Mr.. Dacey. Yes. Yes. Mr. Mitterando? Yes. Yes. Resolution. Patricia, which you voted to approve. Mr.. Dacey. Yes. Mr. Patel. Speaker 1 00:47:47 I just muted him Speaker 2 00:47:48 Again. Mr. O'Reggio? Yeah. Mr.. Dacey. Yes. Mr. Mitterando? Yes. Karen Cahill. Yes. Those are all the resolutions for Speaker 3 00:47:58 The team. Item number 15, the adoption of the minutes from the regular meeting of March 23rd, 2023. All in favor say aye. Aye. Speaker 2 00:48:05 Aye. Okay. Speaker 3 00:48:06 Item number 16, adjournment. All in favor say aye. Speaker 2 00:48:10 Aye. Speaker 3 00:48:11 Yay. Speaker 2 00:48:12 Thanks. Speaker 1 00:48:13 Okay. Speaker 2 00:48:15 If Speaker 3 00:48:15 We appreciate you more than you know. Speaker 1 00:48:18 Hey guys, just for your information, our room that we used to be in for your new newer people, you don't remember the room, they are retrofitting it for Zoom. So we will be doing hybrid in person and people at home can still watch on Zoom. I don't know when it's starting. It's little ways away, but they're retrofitting the room now. Speaker 2 00:48:37 Thank you. Yay. Speaker 1 00:48:40 Interesting. Speaker 3 00:48:41 Well, we'll what, thanks again for all your volunteering, Speaker 1 00:48:47 Everyone.