Transcript for Piscataway Zoning meeting on July 13 2023

Note: Transcripts are generated by rev.ai and may not be fully accurate. Please listen to the recording (below) if you feel any text is inaccurate.

Speaker 0     00:00:04    Recording in progress.  
Speaker 1     00:00:11    We good? Laura?  
Speaker 0     00:00:15    Gimme one minute. Mr. Chairman. The TV guys have to start first. Not a problem. One minute please. Okay, Chairman, we could start.  
Speaker 1     00:00:37    Got it. 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. Zoning board meeting. Lemme call. You notice made available to the Township clerk. Notice sent to the Courier News and the star ledger. Will the clerk please call the roll Kinneally?  
Speaker 0     00:00:59    Who's, who's speaking?  
Speaker 1     00:01:00    Yeah, I'm in Zoom. Board meeting. Lemme call back you. That was,  
Speaker 2     00:01:07    Yep.  
Speaker 0     00:01:08    Chairman, can you gimme one moment please? I apologize.  
Speaker 1     00:01:11    No,  
Speaker 0     00:01:46    Sorry. Chairman, technical difficulty.  
Speaker 1     00:01:48    Okay, take your time.  
Speaker 0     00:01:49    Mr. Weisman.  
Speaker 1     00:01:50    Here.  
Speaker 0     00:01:51    Mr. Tillery? Here. Mr. Patel?  
Speaker 2     00:01:55    Here.  
Speaker 0     00:01:56    Mr. Regio?  
Speaker 1     00:01:57    Here.  
Speaker 0     00:01:58    Mr. Bla. Mr. AKA. Here. Mr. Mitterando. Here. Mr. Ellie Chairman Cahill.  
Speaker 1     00:02:09    Here, will everyone please stand for a salute to the flag for diligence the flag of the United States of America to the Republic for which it stands, one nation under Indivisible? Yes. Mr. Barlow, have there been any changes to tonight's agenda?  
Speaker 3     00:02:33    Yes. Mr. Chairman, and if I get anything wrong, I'm gonna rely on Ms. Buckley. Number five, Amir Moala, which is 26 0 3 Wade Street, has been postponed to September 14th. They must notice number nine, Derek Bradshaw and Ada Gonzalez, which is 1500 Quincy Street, is postponed until September 14th, 2023. There will be no further notice. So if you're here for that meeting, that's been rescheduled till September 14th. Number 11, G and a property development L L C, which is 4 47 Washington Avenue, has been postponed to August 10th, 2023. They still must notice. And number 13, Carolyn Gorm, which is 1 6 48 Short Street, has been postponed until August 10th, 2023. They still need to notice in the newspaper. Those are the four changes to the agenda that I'm aware of. Chairman,  
Speaker 1     00:03:35    Thank you so much. I appreciate that. Let's move on to item number 6 23 dash ZB dash 53 v. Chadwick Herbert,  
Speaker 3     00:03:44    Mr. Herbert present. Thought I saw him?  
Speaker 4     00:03:49    I'm here.  
Speaker 3     00:03:50    Hello sir? Hello?  
Speaker 4     00:03:52    Hello, sir.  
Speaker 3     00:03:52    First I'm gonna, and this goes for any of the applicants. I'm gonna swear you in, okay?  
Speaker 4     00:03:59    Yes, sir.  
Speaker 3     00:04:00    If you could state your name, spell your last name, and give us your address, sir.  
Speaker 4     00:04:04    Chadwick Herbert. Last name? Herbert, h e r b e r t two 50 Grandview Avenue. Piscataway,  
Speaker 3     00:04:11    Could you raise your right hand, sir? You swear the testimony you'll give before this board will be the whole truth?  
Speaker 4     00:04:18    Yes, sir.  
Speaker 3     00:04:19    Okay. What is it that you, what relief are you seeking from the Piscataway zoning board? Sir,  
Speaker 4     00:04:24    I'm looking for a relief for replacing a fence. So it was an existing six foot fence that was there surrounding the pool. There was a variance for the pool itself, but when I purchased the property, when I was doing the, replacing the fence noticed that there wasn't a variance for the fence surrounding the pool. So looking for the variance for the pool because of the setback requirements as well as the height, which is gonna be required for the, you know, any pool area needs to be six feet.  
Speaker 1     00:04:56    Mr. Interesting. Do you have any comments about this?  
Speaker 5     00:05:01    Yes, Mr. Chairman, again, back in 1980 when the variance was granted for the pool, the condition was that it was also the screened and fenced, the fence was shown on the application. At the time, I believe it, it's even shown on the plan that may be in your package as far as the, with the 1980 approval and that, that time the fence was shown outside of the easement. So I believe there's a easement that runs along the, a either side of the property, that's an eight foot easement. Again, this is a corner property. As you're aware, we typically never allow people to put the fences right up on the property lines. So my recommendation is that the fence should be relocated outside the easement, which is only eight feet. I think that's a pretty fair request, and that is also consistent with the 1980 approval. I don't see any issue with the fence going from the previously, I think approved five foot fence to a six foot fence. But I do feel that the fence should be relocated outside of the easement, which is eight feet back from the property line. That's, that's basically the, the thought again, it was, it was put up without a permit and if a permit was submitted, it would've been noted that it needed a variance at that time. And so the location, the fact that it's in there now really has no bearing because it was done without a permit. It could be outside the easement. They also show she removed and the shed should be removed as noted on the plan if it if approved.  
Speaker 1     00:07:02    Mr. Herbert, are you okay with the,  
Speaker 4     00:07:05    So I guess the, the one thing I did talk with j CCP and L and they did provide it a statement saying that they don't have an issue with fence being on the easement. So I'm wondering if that's something that could be considered.  
Speaker 5     00:07:21    Well, no, it has nothing to do with that. Again, it's a corner property and we very rarely ever give variances, if ever, for fence of a six foot height and being a hundred percent solid to be allowed right up against the Township sidewalks right on the property line for a couple reasons. One, to keep the site quarter of the street open so it doesn't impact the adjacent homes. And again, and due to the fact that this was already agreed to back in 1980, again, I don't see the issue with the height of the fence increasing the six feet, but I do believe that the fence should be put at the easement line as previously approved in 1980 and should be slightly buffered with landscaping as well as per the 1980 approval. That could be any kinda landscaping along the front of the fence.  
Speaker 1     00:08:24    That's fine, Henry. Okay, Mr. Herbert, this is the recommendation of our Township engineer. If you are in agreement with it, we can move forward with this, with the vote now after I open it to the public.  
Speaker 4     00:08:34    Okay. Yeah, I, I, I agree.  
Speaker 1     00:08:36    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 portion of any questions or comments for this application?  
Speaker 4     00:08:49    No. One Chairman.  
Speaker 1     00:08:50    Okay. Close the public portion. I'd make a motion to approve this applic application. Please call the roll.  
Speaker 0     00:08:57    Mr. Weisman?  
Speaker 1     00:09:00    Yes.  
Speaker 0     00:09:00    Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Reggio? Yes. Mr. Bla? Yes. Mr. AKA Yes. Mr. Mitterando? Yes. And Chairman Cahill?  
Speaker 1     00:09:14    Yes.  
Speaker 0     00:09:21    The application's been approved. We will memorialize your resolution at the next meeting and I will email it out to you.  
Speaker 1     00:09:27    Okay, great. Thank you very much. Appreciate it. Thank you, Mr. Herbert. Have a great night, sir. You too. Thank you. Bye-bye. Let's move on to item number 7 23 dash ZB dash 66 v Kinneally ly. Is that right?  
Speaker 6     00:09:41    Yes.  
Speaker 1     00:09:42    Thank you, sir. Mr. Baller?  
Speaker 3     00:09:45    Yep. Had it had myself muted there for a second, Mr. Lie's? Okay. If you could state your name, spell your last name, and give us your address, sir.  
Speaker 6     00:09:53    Yes. My name is Kinneally, last name Isly, l a i living at 50 Palisade Avenue Piscataway.  
Speaker 3     00:10:00    Okay. Could you raise your right hand? You swear the testimony you give before this board will be the whole truth? Yes. Okay. Why don't you tell us what relief you're seeking from the board?  
Speaker 6     00:10:11    I wanna replace my current wooden fence to a vinyl fence, and I extended from 70 feet off the property line of Manor Boulevard.  
Speaker 1     00:10:23    Mr. Doi, were you provided with the site impact from, from the Township?  
Speaker 6     00:10:28    I believe so. From  
Speaker 1     00:10:29    Mr. Hinterstein. Could you go over it briefly?  
Speaker 5     00:10:33    Yeah. Mr. Chairman, this actual application that I don't, I don't see any issues with. Okay. The request for the 17 feet from the property line seems appropriate, which is about half of the required front yard setback. So he is sort of compromised there. It is a corner property, so he does have limited space with the two front yards and he is proposing 17 feet, which again is approximately half of the front yard setback on this corner property on the Manor Boulevard. So I think the application as proposed is acceptable.  
Speaker 1     00:11:06    Thank you, Henry. Appreciate that. Any other members of the board have any questions or comments for this application? Hearing none, I'm gonna open it to the public. Anyone in the public have any comments or questions about this application?  
Speaker 0     00:11:20    No. One Chairman  
Speaker 1     00:11:21    Hearing none. I'm gonna close the public portion and make a motion to approve this application. The second motion please call roll.  
Speaker 0     00:11:32    Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. B lamp? Yes. Mr. AKA Yes. Mr. Mitterando? Yes. And Chairman Cato?  
Speaker 1     00:11:45    Yes.  
Speaker 0     00:11:47    Okay. We'll do your resolution next meeting and I will mail it out to you. Kinneally.  
Speaker 6     00:11:51    Thank you so much.  
Speaker 1     00:11:52    Thank you. Have a good night. Have a good night, sir. All right, let's move on to item number 8 23 dash ZB dash 61 V. Paul Oglesby,  
Speaker 3     00:12:03    Do you hear Mr. Oglesby?  
Speaker 7     00:12:05    Yes, I'm here.  
Speaker 3     00:12:06    Oh, there you are, sir. If you could state your name, spell your last name for the record and give us your address.  
Speaker 7     00:12:13    Yes. Paul Oglesby, last name Oglesby, O G L E S B y three Ivy Street.  
Speaker 3     00:12:20    Did you raise your right hand, sir? You swear the testimony you'll give before this board will be the whole truth, sir?  
Speaker 7     00:12:26    Yes, I do.  
Speaker 3     00:12:27    Okay. What relief are you here to seeking from the zoning board?  
Speaker 7     00:12:32    So I was seeking a relief from the 50 foot setback in the front yard. I, I put a six foot fence there. I saw the, the site impact report yesterday. And at a, the, the, the way that it's written is, that's not what I, I did it is there's statements in there saying that I, you know, I proceeded to, to install a fence anyway and you know, now I'm requesting a variance. I definitely made a mistake once Lou, so Lou Stor said that the permit was denied at that point. The, the contractor said, you know, we can't do the fence unless it's approved. So I called Lou and left a message. He didn't respond. The contractor sent an email and Lou was asking for more details about the defense, sent a email. He didn't respond. The contractor went down and said, you know, went down to the Township, spoke to someone and said it's been approved.  
Speaker 7     00:13:49    At that point, I was under the stand understanding and it was an incorrect understanding. I was under understanding that it was approved. Right. I didn't think again about that 50 foot setback until the fence was installed and Lou and his boss called me and said, Hey, we can't approve this. There was a F 50 foot setback. Did you know about it? And I said, at that point, right, yeah, I did know, right. Because I had discussed it with Dawn. So I did, I didn't go about this intentionally installing the fence after Dawn said there was a 50 foot setback. Right. And, and now requesting the, the variance, it was the mistake on my part. Once the contractor said it was approved, I thought everything had been approved.  
Speaker 1     00:14:42    Well, it seems like your beef is with your contractor and not with the, you know, with the Township, unfortunately, we, we seek to give our residents relief for situations that have arisen, not by their own hand. And unfortunately this is a, a problem that you've got because your contractor ever evidently lied to you or just didn't research it, but, oh, Henry, Henry, you could like take it from here if you would.  
Speaker 5     00:15:13    Yeah, I mean, bottom line is the fence is there again, it's, it's not allowed to be there. So you have a couple options. You could remove it, you could put a four foot fence up that's 50% solid, which the ordinance allows. So if you want it to put a four foot, 50% solid, you're entitled to do that along the entire property line in the front yard up to the property line. My recommendation is not to remove the entire fence, but at a minimum you're gonna have to move four sections of fence out of the front yard right of way. So the last four sections closest to the road would have to be removed. I would imagine that's approximately either 24 to 32 feet, depending on the size of your fence sections, whether they're six feet or eight foot sections, but four sections is what my recommendation would be.  
Speaker 5     00:16:05    There might still be a few sections in the front yard setback, but I think that that at that point is it's not gonna cause a, an issue. But again, you know, my understanding was is that Dawn had spoke to you regarding that when the permit was put in, was there a permit for a pool as well? Yeah. Yes. And I think she specifically said when the pool permit or when discussion about the pool permit took place was that the fence could not be in the front yard setback at the time when the pool permit was issued. Regardless, again, it, it, it happened what, you know, whose fault it is. You know, unfortunately the case law, it, you know, hardship is a hardship if it's a self-created hardship. The case law is pretty clear. You can't grant an approval for a hardship when it's self-created. So, as the Chairman said, you may have a beef with your contractor, but my recommendation would be is that four sections of the fence be removed again. And in those four sections, if you wanted to change that to a four foot, 50% solid picket fence, you'd be entitled to do that. You would just need a separate permit to do that. But yeah, as far as the, the solid six foot high fence, the recommendation is that at least four four sections should be removed.  
Speaker 1     00:17:23    Mr. Og, go ahead. No, please.  
Speaker 7     00:17:26    Sorry, I just, I just have one question because the, the existing fence was to that line and there's a section of the existing fence on the neighbor's property. So Right, there's, there's no front yards. The, the neighbor's backyard is to my, to, to that side where the fence is. So there's a six foot fence there currently. So if I remove my fence, that six foot fence can still remain in that location.  
Speaker 5     00:17:58    I'm only concerned about your fence. I don't know what's on your neighbor's property. I'm here for your application. I looked at the fence on your property cuz that was the application that was in front of us. So all I could comment on is, you know, was what you did in your proposal, your application, you know, I don't think we're gonna make that person, unless somebody puts in a complaint or says that, you know, they did something illegally. You know, we don't go searching for things. We, again, we're not the code enforcement department, we're, we act on the applications that are in front of us. So all we could tell you is what what you did, you know, is isn't acceptable that, you know, in order to get your application approved, you need to remove four sections of the fence. You know, again, I don't, as part of your application, we can't make your neighbor do something. So again, if, if somebody puts in a complaint or something with the code enforcement office or the code enforcement office,  
Speaker 1     00:19:02    You know, we could have someone go out there,  
Speaker 5     00:19:04    You know, take a look. Yeah. We're not looking at your neighbor's fence, we're only looking at the fence that you put up as part of this application, so.  
Speaker 7     00:19:12    Right, right. We don't have, so yeah, my, my my line of question in there isn't, you know, that I'm just saying that's up to the property line, right? If I removed the fence, it's still gonna be a fence. There's still, still gonna be a fence there,  
Speaker 5     00:19:26    I guess. It seems like that Yeah, that's the case.  
Speaker 1     00:19:28    Well, that's what you're saying. Yes, sir. We, well, we don't know that we, we can, or you can ask code enforcement to go out and take a look at your neighbor's yard to see if indeed his fence is up to code as well. I mean, for you to report, replace a piece of fencing only to have your neighbor have a higher fence on the other side, that that's something that enforcement needs to address. But right in front of us, not now, is your application and the way that it's being recommended to us is that you remove or you take those four sections of the illegal fence, reduce 'em down to four feet, and this way you don't have to take all the whole fencing down. It's, it's a good compromise.  
Speaker 7     00:20:07    Okay. And I'm sorry, but didn't make it long. I just, like I said, at the, the, the way that the site impact report was, was written, I just wanted to be known. Right. That wasn't, I didn't intentionally go against Dawn and say, I'm gonna put this fence up regardless of, of what Dawn said. I got confused when, you know, Lou called and, and said that there was an issue and it couldn't be denied, and he needed more information. Once the contractor said it was approved, I assumed everything was good and it was approved. So we, I wasn't  
Speaker 1     00:20:40    Mr. Oglesby, we, we, we don't hold any malice towards you at all. What whatsoever we hear. I I hear hundreds of these fence cases a year, and a lot of times the contractors act on their own and they wait for you to chase them. Unfortunately, that sounds like there was a miscommunication between you and your contractor. He might have had another job that he had to do and wanted to get the stakes in the ground for you as quickly as possible. And here, unfortunately you find out a couple of years later that he put the fence in illegally. Again, that's probably a beef you have with him, but if you are as agreeable to what Mr. Interesting suggested we can move forward and I'm, I'm willing to, you know, move forward with this application right now.  
Speaker 7     00:21:21    Yeah. Well, yes, reluctantly. I  
Speaker 1     00:21:24    Agree. Okay, fair enough. And I appreciate that. 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 about this application?  
Speaker 0     00:21:38    No. One Chairman.  
Speaker 1     00:21:39    Okay. I'm gonna close the public portion and make a motion to approve this application with the suggestion for Mr. Stein. Can I get a call? Roll call.  
Speaker 3     00:21:48    Gimme a second.  
Speaker 1     00:21:50    I second. Thank you. Sorry, can you call the, call the roll?  
Speaker 0     00:21:53    Who, who asked to second? You can be. Thank you  
Speaker 3     00:21:58    Mr. Patel.  
Speaker 0     00:22:00    Mr. Weisman.  
Speaker 3     00:22:02    I thought it was Mr. Patel, but  
Speaker 1     00:22:04    No, no,  
Speaker 0     00:22:04    No. But now, now I'm on the roll. Steve,  
Speaker 1     00:22:07    I'm  
Speaker 3     00:22:08    I'm gonna be quiet.  
Speaker 1     00:22:10    Yeah. Yes.  
Speaker 0     00:22:13    Mr. Tillery? Yes. What'd he miss there? Mr. Patel? Yes. Mr. Regio?  
Speaker 1     00:22:19    Yes.  
Speaker 0     00:22:19    Mr. Bla? Yes. Mr. Akaka? Yes. Mr. Mitterando? Yes. And Chairman. Cahill?  
Speaker 1     00:22:27    Yes.  
Speaker 0     00:22:30    Okay. It's been approved. We'll adopt it at the next meeting and I will send you out an email and a hard copy and that at that time you could get your permit and get the fence moved.  
Speaker 1     00:22:40    Okay. Thank you. I just told you. Great, thanks. Let's move on to item number 10 23 dash ZB dash 68 V Rick or Se  
Speaker 8     00:22:52    Right here.  
Speaker 1     00:22:54    How'd I say it wrong, sir?  
Speaker 8     00:22:56    Ula? Yeah, that's  
Speaker 1     00:22:57    Okay.  
Speaker 3     00:22:58    All right, sir, if you could state your name, spell your last name, and give us your address, sir.  
Speaker 8     00:23:04    My, my name is Rick Ursula. My last name is spelled as U R S U A. My address is 14 JAMA Court, Piscataway, New Jersey.  
Speaker 3     00:23:13    Raise your right hand, sir. You swear the testimony you give before this board will be the whole truth?  
Speaker 8     00:23:18    Yes, I do.  
Speaker 3     00:23:19    Okay. What relief are you seeking from the board, sir?  
Speaker 8     00:23:23    I would like to put a fence in the backyard, be beginning from the end of the both ends of the building and along the property line in the backyard. Six foot fence white vinyl.  
Speaker 1     00:23:42    Okay. Did you happen to come across the copy of the site impact from July 13th of this year? Yes. At the easement? Yes. I Are you in agreement with the easement?  
Speaker 0     00:23:52    Yes.  
Speaker 1     00:23:53    Okay. Henry, any other points you need to make or that's it?  
Speaker 5     00:23:58    No, that's it. He just has to be aware that if for some reason the town needs access to the easement, he, he's gonna be responsible for any costs associated with the removal and replacement of effects. I agree.  
Speaker 1     00:24:08    Okay. Fantastic. 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 about this application?  
Speaker 0     00:24:20    No. One Chairman  
Speaker 1     00:24:21    Okay. Close the public portion and I'd make a motion to approve this application. I need a second.  
Speaker 0     00:24:26    I a second  
Speaker 1     00:24:28    Please call the roll.  
Speaker 0     00:24:29    Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio?  
Speaker 1     00:24:36    Yes.  
Speaker 0     00:24:36    Mr. Blo? Yes. Mr. AKA Yes. Mr. Mitterando? Yes. And Chairman?  
Speaker 1     00:24:44    Yes.  
Speaker 0     00:24:48    Okay. We will dock it at the next meeting and I will send you a copy. Thank you.  
Speaker 1     00:24:52    You're have a good night sir. Onto item number 1223 dash ZB dash 63 V mark de four,  
Speaker 9     00:25:05    The  
Speaker 1     00:25:05    Four present.  
Speaker 0     00:25:09    You didn't show up?  
Speaker 1     00:25:11    I don't see him. Is any  
Speaker 0     00:25:13    I don't see him either. Mr. Defo, if you came on as an attendee, please raise your hand with the button and I can make you a participant.  
Speaker 1     00:25:29    All right, why don't we skip this and come back, Mr. Defoe, let's move on to item number 1423 dash ZB dash zero two slash zero three V T R Wininger and 1900 New Brunswick llc.  
Speaker 9     00:25:49    Yeah, I just, I just had to unmute myself. Thank you. No problem. Paul on behalf of 1900 new Bruns L Actually I'm feedback. We have two computers,  
Speaker 1     00:26:06    Some feedback.  
Speaker 0     00:26:08    Yeah, you have to lower shut one off or lower one down. Yeah,  
Speaker 9     00:26:11    We, we just shut her computer off cuz they're in the same room with me, the applicants. Okay. Getting back to this, we're here on behalf of TR Weniger Inc. And 1900 New Brunswick L L C for a use in bulk variance preliminary and final site plan, or in the alternative, a certificate of non-conformity. Do you want me to go through the variances required or are you satisfied that that's listed  
Speaker 3     00:26:44    Chairman? I'm not sure what the board's pleasure is  
Speaker 1     00:26:51    In terms of the, do you a request like this? I'd pr I'd probably want to hear the individual variances just to get it on the record.  
Speaker 9     00:26:59    Okay.  
Speaker 1     00:26:59    Appreciate that. Sorry about the time constrictions, but better safe than sorry.  
Speaker 9     00:27:05    It's all right. No problem. Okay. So the variances that are requested are variance in relief from Ordinance 21 5 0 1 required is a use permitted in a zone with in a residential zone. And proposed is use not permitted in zone. It's basically a landscaping and construction excu excavating business. Also proposed is use, not permitted. Permitted in the zone is six containers and a tank for long-term use. Next ordinance that we're requesting relief from is 21 dash six 19.1 required as a minimum wall height of six feet and proposed as a wall of eight feet in height. That's approximate. Next is ordinance 21 dash three B. Accessory structured required in residential zones are an accessory building shall not exceed 25 feet by 25 feet or 625 square feet. Proposed. There's an accessory building that's 140 feet, excuse me, 144 feet by 24 feet or 3,456 square feet. Next is relief from Ordinance 21 dash 11 0 1 3 required automobile parking space.  
Speaker 9     00:28:27    All passageways and driveways shall be paved with a hard surface proposed as a gravel driveways and parking areas. The next is ordinance 21 dash 1201 required as a sign of two square feet in area proposed as a sign of nine square feet in area. Next is ordinance 21 dash 1 2 0 7 0.5 dash one required as a sign under 10 square feet must be set back a minimum, minimum of 10 feet from a property line and proposed as a sign located two and a half feet from the front yard property line and that that's what we're requesting. Let me just make a couple of observations here before we get started. That this property is sandwiched in between the bound Brook and the Conway Conrail railroad on 1900 New Brunswick Avenue in Piscataway. And the property was used since the mid 18 hundreds as a single family residence sometime a long time ago, we think maybe back around the 1940s or so. The property became, w was used for a garbage business by the coal bath family. That family sold the property to our clients in 2010, excuse me, 11. And at the time of the sale of the property, it was represented to our clients that the property was a preexisting nonconforming use.  
Speaker 9     00:30:15    We have applied for a certificate of continuing occupancy. In the alternative, we're, we're not waiving our right to do that. And we've been granted a the right, the right to a hearing later in the year if this application is not approved with respect to a certificate of continuing occupancy. However, our clients are, are good, wanna be good neighbors and they want to satisfy the town of Piscataway with what they think the property or what the town would like to see with respect to the property for the current use. So we've applied for the site plan reviewable and the, and the variances that go along with it. And we have a few witnesses I'd like to swear in or do you want the witnesses sworn in or should we just proceed?  
Speaker 3     00:31:23    We'll do them individually. Counsel. Okay. So who's your first witness?  
Speaker 9     00:31:27    Okay, the first witness is Lori and  
Speaker 3     00:31:33    You can't have both mics on cuz there's gonna be too much feedback.  
Speaker 10    00:31:37    I'll wait until you  
Speaker 11    00:31:38    I speaking just his, we'll see if we can hear you.  
Speaker 10    00:31:41    Okay. Can you hear me now?  
Speaker 9     00:31:43    Yeah. Shut yourself for I  
Speaker 10    00:31:44    Muted mine.  
Speaker 9     00:31:46    If you wanna come around my side too, you can do that.  
Speaker 11    00:31:48    If you bar we could hear you from the microphone if that's okay.  
Speaker 10    00:31:53    Can you hear me right now?  
Speaker 11    00:31:55    I hear you perfectly Perfect. Okay.  
Speaker 9     00:31:57    Okay, great.  
Speaker 10    00:31:58    Thank you.  
Speaker 11    00:31:59    You're welcome.  
Speaker 3     00:32:00    I'm sorry you're, you're calling Lori Weniger?  
Speaker 9     00:32:04    Yes  
Speaker 3     00:32:05    Ma'am. If you could state your name, spell your last name and give us your address please.  
Speaker 10    00:32:12    It's Lori Weniger, w e n i g e r. And my home address is four 13 Warrenville Road in Green Book.  
Speaker 3     00:32:21    Okay, counselor, I'm gonna stop right there. I see Mr. Kinneally on Jim, we just started the tr weniger application Counsel just called his first witness who put her name on the record but hasn't been sworn in. You want me to bow out and you can take over.  
Speaker 12    00:32:42    And Mr. Barlow, thank you for covering for me and I'm here.  
Speaker 3     00:32:46    Okay. Mr. Kale Chairman. Thank you members board. Thank you Mr. Barlow. Always a pleasure. Tom. Tom. Good night everyone. You too.  
Speaker 0     00:32:54    Thank, thank you.  
Speaker 12    00:32:59    Sorry for being late.  
Speaker 0     00:33:06    Hello, Jim.  
Speaker 12    00:33:07    Hello. And do I understand we have a witness that needs to be sworn?  
Speaker 9     00:33:11    Yes. Her, her name is Lori Weniger. She's the president of the one of an applicant tr Weniger Inc. And she's a member of 1900 New Brunswick, L l c.  
Speaker 12    00:33:24    Ms. Weniger, could you raise your right hand? Swear the testimony you're about to give should be the truth.  
Speaker 10    00:33:29    Yes.  
Speaker 12    00:33:30    Thank you.  
Speaker 9     00:33:33    Okay, Mrs. Weniger, can you tell us how, how long you've been at the property? I, I think you said that you, you bought the property in 2011 initially, or, you know, I, I indicated to the board that that was the case, however, how long have you been there?  
Speaker 10    00:33:52    Within there, since 2011.  
Speaker 9     00:33:54    All right. Can, can you hear her? Does she need to speak up?  
Speaker 2     00:33:57    I can.  
Speaker 10    00:33:58    Okay.  
Speaker 9     00:33:59    Okay. Yes,  
Speaker 10    00:34:00    We purchased the property in 2011. I don't think we actually moved into it till probably after the first of the year, so it would've been 2012.  
Speaker 9     00:34:10    Okay. And what, what, can you describe your app, your operation at the property? What, what do you do on the property?  
Speaker 10    00:34:21    We're a landscaping and construction company. We pretty much all of our projects are outside of that site. So we park the equipment there. The employees will meet there in the morning. We'll get in a truck sometimes with machines on the back and they go out and they go to a job site and then come back at the end of the day. We don't do any manufacturing there or, or sales or anything  
Speaker 9     00:34:48    Of that nature. So, so is it fair to say that you basically use the property as a yard for your, your construction business? Okay. And,  
Speaker 9     00:35:08    Okay, what I also like to ask you is, is that there was a memorandum that was issued by the Piscataway Township zoning Board of Adjustment Divisions of Engineering and Planning Development. And I'm sure that the town is gonna wanna go through this memorandum a little bit later. But there are a couple of questions I would like to ask Mr. Mrs. Weniger about this memorandum. It said in on site impact it said that the applicant shall provide the necessary right of way dedication to bring the road into its master planned half of 52 feet. So in other words, the, the road in front of your hou in front of the property is supposed to be 104 feet wide and half of the road to the center line of the road to your property is supposed to be 52 feet wide. To the extent that it may be, the road may be less than 52 feet and that you have to dedicate some property to the, the county of Somerset because it's on a cou because it's on a county road. Oh, Middlesex, I'm sorry. Middlesex, are you, are you willing to do that?  
Speaker 10    00:36:23    Yes.  
Speaker 9     00:36:24    Okay. The next question is the, with respect to the memorandum asked for information should be provided regarding the business use of the site, along with materials stored within and outside of the proposed storage trailers, bulk storage. You've already told us what the business use of the site is, what, what kind of materials are stored on the property?  
Speaker 10    00:36:54    We do a variety of different projects where in our containers, in one of them we have water pumps or hoses. Another one we have miscellaneous electrical things we might need for a job or plumbing fittings or concrete materials. If anything that we would have either leftover from a job or that we are preparing to go to a job that we are storing. Especially nowadays with the supply chain problems, we tend to get the materials and keep them there until they go out to a job site.  
Speaker 9     00:37:28    Okay. Are there any hazardous materials being stored at the property to your knowledge?  
Speaker 10    00:37:33    I guess you'd have to define hazardous. So we were discussing before, I have gas cans for like our small tools. I'm not sure if you considered that hazardous.  
Speaker 9     00:37:44    Well, how big, how big are your gas cans?  
Speaker 10    00:37:46    Typical homeowner, about five gallons.  
Speaker 9     00:37:49    Okay. And what what about oil or any other kind of hydrocarbons?  
Speaker 10    00:37:57    Hydrocarbons, I don't believe so,  
Speaker 9     00:37:59    No. Okay. Well, do you have oil on the property?  
Speaker 10    00:38:02    Oil We have oil in the tanks. We have home heating oil.  
Speaker 9     00:38:06    Okay. So there's a home. He the, the, the house in the garage  
Speaker 10    00:38:10    And in the, the building structure of the house.  
Speaker 9     00:38:12    That all, all right. So it's heating oil. It's just heating oil in a, in a, in a, in a tank. Yes. Are they above ground or underground?  
Speaker 10    00:38:19    They're above ground. Okay. One's in the basement and the others are in the garage.  
Speaker 9     00:38:24    Okay. And, and what are your hours of operation of the property?  
Speaker 10    00:38:27    Generally? The, the guys will get there around six, get in a truck and go off to a job site and usually everybody's one by four. The office, I usually don't get there at nine. And same thing about four, everybody's out of there.  
Speaker 9     00:38:47    Okay. And do you have any bulk storage bins out there?  
Speaker 10    00:38:52    We do. We, same reason, like we have some stone leftover from the job site, we will bring it back. We try to keep them separated if cuz there's different grades of stone or if it's sand or whatever. And then we take it out to another job site. I don't have any anybody coming in. I'm not selling items out of the bins. This destroy use  
Speaker 9     00:39:15    This project.  
Speaker 10    00:39:15    And  
Speaker 9     00:39:15    Were, were any of the improvements on the property built by you or were the improvements that are on the property or are they all preexisting improvements?  
Speaker 10    00:39:25    When you say improvements, you mean the, the garage.  
Speaker 9     00:39:29    Well, le or let's go. All right, so we know that the house has been there since the 1850s, is that correct? Or 18? 1840. 1847. Ok. There's a, a garage on the property. And how long is that? Was that there when you bought the  
Speaker 10    00:39:43    Property? Yes, it was.  
Speaker 9     00:39:44    And there was a storage shed I believe. Was that there, that was  
Speaker 10    00:39:47    There That was there as well.  
Speaker 9     00:39:49    Okay. And what about fencing?  
Speaker 10    00:39:52    Yes, there was fencing there.  
Speaker 9     00:39:54    Have you moved any of that fencing or rearranged it?  
Speaker 10    00:39:59    I think no, that would, I think we put a gate on going through the driveway so that nobody would go back there.  
Speaker 9     00:40:06    Okay. And, and what do you know about the prior use of the property?  
Speaker 10    00:40:11    He used to be a garbage company. He actually used to be my garbage man years ago. It was coal bath disposal.  
Speaker 9     00:40:19    Okay. And who, who are some of the clients that you, you serve? I mean, you don't have to give any kind of names, but what kind of, what kind of clientele do you normally serve?  
Speaker 10    00:40:29    Mainly we do work for municipalities. We also do work for the state and we do federal work as well.  
Speaker 9     00:40:35    Have you ever done work for Piscataway?  
Speaker 10    00:40:37    Yes, we have.  
Speaker 9     00:40:38    Oh, okay. Okay. Let's see. There's one other question. The plan shows a a a temporary tank, and this was an issue raised by Mr. Chadwick and he said that the application narrative does not refer to the tank, nor is there any explanation as to its purpose. Can you tell us why there's a tank on the property?  
Speaker 10    00:41:03    The tank? I would consider an extra piece of equipment. We take that to job sites where I need to have a temporary tank set up. We have done work for hospitals and they require a large amount when we're taking them outta service, they have to have a temporary tank. It's actually, it's on a trailer right now getting ready to go out to another project.  
Speaker 9     00:41:25    Okay. And and do you store anything in that tank? No. When it's on the property  
Speaker 10    00:41:29    No comes, it comes back empty.  
Speaker 9     00:41:31    Okay. And that  
Speaker 10    00:41:31    There's no doubt empty. I can't transport anything with, with fuel in  
Speaker 9     00:41:34    It. Okay. So, so in other words, if you go to a site and you have to empty out, let's say a fuel tank, you, you empty the, you empty the fuel tank into the, the portable tank that you have, then you take that to a hazardous waste disposal site. Is that correct?  
Speaker 10    00:41:54    Yes. Everything has to get cleaned up before we can remove that tank from my job site back to our yard. It's, it's, it's just like a piece of equipment, just like our excavators or whatever. It's just, it's moved from place to place. Okay.  
Speaker 9     00:42:07    Okay. I don't have any questions. Any more questions for Mrs. Weniger at this time? If the board has any questions for Yeah,  
Speaker 1     00:42:14    Does anyone, well, I have a question. With the exception of the gas cans, do you have any poi poisonous chemicals to kill weeds or no lie for lawns, anything like that?  
Speaker 10    00:42:25    No, I don't.  
Speaker 1     00:42:27    Just, just liquid to propel the electric, the, the equipment.  
Speaker 10    00:42:32    Correct.  
Speaker 1     00:42:33    Whether Okay. Oil or, or gasoline. Okay. Anyone else on the board have any questions?  
Speaker 5     00:42:38    I have a few questions Mr. Chairman.  
Speaker 1     00:42:40    Sure. Mr. Henderson, please proceed.  
Speaker 5     00:42:42    How many employees do you have?  
Speaker 10    00:42:44    Total is 14.  
Speaker 5     00:42:47    And that is both office workers and construction,  
Speaker 10    00:42:50    Correct? There's two of us in the office, myself and my son, one of my sons. And then we have 12 employees that work out in the field.  
Speaker 5     00:42:59    And do those employees come in and switch vehicles every morning or do some of them have company vehicles that they take with them home in the, in the evening. So they don't park their cars at the site?  
Speaker 10    00:43:10    Both. We have, well no, none of the employees park their cars at the site if they come in on their own and then they go out on their own. But I have actually made a note, what was it, five of my trucks go home with people each night  
Speaker 5     00:43:28    And then the other employees swap cars at the facility at the  
Speaker 10    00:43:32    Scene. They'll park their car during the, the time when they're working and then they take their own vehicle home.  
Speaker 5     00:43:43    As, as far as that portable tank that you talked about that you used to transfer their, I guess, I don't know if it's fuel or fuel oil or whatever, whatever kinda materials, is that registered with the dep?  
Speaker 10    00:43:55    No, it's a temporary tank. When we go to a a job site, it becomes our temporary tank on the job site.  
Speaker 5     00:44:02    It doesn't have to be registered. You're not transporting that tank full at any given point?  
Speaker 10    00:44:07    No, you're not allowed to, to transport.  
Speaker 5     00:44:09    Okay.  
Speaker 10    00:44:09    Okay. That amount. Thank you. Thank you for having,  
Speaker 5     00:44:14    So it's always empty site, your site?  
Speaker 10    00:44:18    Correct.  
Speaker 5     00:44:21    And your hours are operation, you said 6:00 AM  
Speaker 10    00:44:27    To four? Usually they're in by four.  
Speaker 5     00:44:29    Four. Okay. Well, all right. I, unless he had an  
Speaker 13    00:44:33    Emergency situation and then  
Speaker 5     00:44:37    No problem.  
Speaker 14    00:44:38    Driver's license his something maybe, maybe he scared to get, he was setting up. Get away.  
Speaker 5     00:44:51    Mr. Mr. Swanick, I had a question for you. I believe you had said you applied for a certification of a non-conforming use, correct?  
Speaker 9     00:45:01    Well it's, it's, it was part of our application, but we asked that, that not be heard. Okay. Pending, pending this hearing because if we get the variance, we're not going to pursue that.  
Speaker 5     00:45:12    Yeah. Okay. So you, that's, that's, I missed that part of it cause I I didn't hear any see or hear any testimony really regarding the, the certification. So I sounded like you were going right into your use variance and site plan application. So I just wanted to, to clarify that.  
Speaker 9     00:45:29    Yeah, we, we, our, our thinking was was that to put, to put on a case on a certification for a nonconforming use would've taken quite a bit of time. And, and if we're gonna get a variance to be able to do what, you know, to be able to run the business, set the property, then understood why, why bother, why waste the board's time?  
Speaker 1     00:45:50    I appreciate that. Thank you sir.  
Speaker 9     00:45:52    Okay.  
Speaker 1     00:45:54    Any other members have any questions for this witness? Hearing none, you can proceed Mr. Swin.  
Speaker 9     00:46:02    Okay, thank you. The next witness I'd like to call would be Greg Oman from Mellow Engineering.  
Speaker 12    00:46:10    Mr. Oman present?  
Speaker 13    00:46:12    I am,  
Speaker 12    00:46:13    Would you raise your right hand? Do you swear that the testimony you're about to give should be the truth?  
Speaker 13    00:46:17    Yes, I do.  
Speaker 12    00:46:19    Could I have your full name, spell your last name please?  
Speaker 13    00:46:21    Sure. Gregory Oman. O m a n.  
Speaker 12    00:46:24    Thank you.  
Speaker 9     00:46:28    Okay. Thank you Mr. O Mr. Oman, can you tell us what your qualifications are?  
Speaker 13    00:46:35    Certainly. I'm president and owner of Menlo Engineering Associates. I've been a licensed professional engineer in the state of New Jersey now for about 22, 23 years, employed by Menlo Engineering for over 25 years. And I have provided testimony in front of this board several times. I think it's been about a year since the last time I was here, but it was a little while. But I have been in front of this board  
Speaker 1     00:46:58    Is qualifications are more than adequate. Please proceed. Thank you.  
Speaker 9     00:47:01    And then Mr. Oman, you have a, a plan that was submitted with our application for 1900 New Brunswick Avenue Block 7 0 1 law 25.01 and it's dated March 2nd, 2020 21 re excuse me, 2021 revised through March 3rd, 2023. I don't see a job number on here, but Oh, here it is. Project number. It's 2020 0.029. Are you familiar with that plan?  
Speaker 13    00:47:35    Yes I am.  
Speaker 9     00:47:36    Okay. And also you prepared a plan that shows the existing, the, the floor plan of the existing residence on the property that the board asked for.  
Speaker 13    00:47:55    Correct.  
Speaker 9     00:47:56    As, as part of that project and submitted that with the plans as well. Are, are you familiar with that plan?  
Speaker 13    00:48:03    Yes, I am.  
Speaker 9     00:48:04    Okay. And then you also submitted a series of photographs with the application. Are you familiar with those photographs?  
Speaker 13    00:48:22    Yes. The photographs are taken by my office of various structures, containers on site showing the dimensions of each as well.  
Speaker 9     00:48:30    Okay. And I think you also showed the dimensions of the, the garage and the shed, correct?  
Speaker 13    00:48:34    Correct.  
Speaker 9     00:48:36    Okay. Just a question for the board. Is the board satisfied with the documents? Is there a way to, we're on Zoom so I'm not sure how we mark these as exhibits.  
Speaker 12    00:48:49    Did you submit these along with your application?  
Speaker 9     00:48:52    Yes,  
Speaker 12    00:48:53    And they're part of the application package and don't need to be marked separately.  
Speaker 9     00:48:57    Okay, I just wanted to clarify that. Thank you. Mr. Oman, can you tell us what your plan entails? I'm, I'm basically gonna let you take this and run with it.  
Speaker 13    00:49:09    Thank you. I appreciate it. If, if I can, I'd like to share my screen.  
Speaker 12    00:49:13    Please do.  
Speaker 13    00:49:24    Can everyone see my plan? Existing conditions and demolition plan? Yes. Perfect. I had marked these two sheets as a one and 82 but they are the submitted document so I can, I can remove that from each of these.  
Speaker 13    00:49:41    So lemme start this. This application is a 4.16 acre parcel identified by the township's tax map as block 7 0 1 lot 25.01. The site falls within the R 7.5 zone, which is designated as a single family residential zone. As previously indicated, the construction landscape business is not a permitted use in this zone, therefore use variance is being requested from the board tonight North is straight up on my two documents that I'll be presenting tonight. The site is bound by New Brunswick Avenue to the east. Directly on the easterly side of that roadway is the live oak landscape business. We have bound Brook to the north existing wooded area to the west and then the Conrail railroad to the south. Directly south of that is the existing quick check and Harris Steel. The site is partially developed as noted previously. There's an existing two-story, what appears to be a single family home was at one point was then l later converted to an office space.  
Speaker 13    00:50:48    This structure is approximately 162 feet off of the right of way of Old New Brunswick of Old of New Brunswick Avenue. There are two driveways that provide access to and from the site off of New Brunswick Avenue. They are paved driveway along the northerly, westerly and subtly side of the structure. Then there are is there is an existing chain link fence that separates the front and rear of the property where those two driveways end at the fence. The rear portion of the site is no longer paved. It's a compacted gravel area to ex accessory structures. In the rear there is a one story 3,456 square foot masonry block garage. It has a garage door on the westerly side and the southeast side directly to the south of that is a 475 square foot shed slash building that is utilized for additional storage, primarily wooded along the southerly property line and the northerly property line along Bound Brook at the northwest corner is the area where some of the building materials are, are kept within a eight foot high barrier walls that was previously indicated by the applicant including sand stone, et cetera that is utilized at the  
Speaker 11    00:52:10    Sand, snow. And what was the third thing you  
Speaker 13    00:52:13    Said? I'm sorry, sand didn't stone.  
Speaker 11    00:52:15    Thank you.  
Speaker 13    00:52:18    At the southwest corner of the property there are currently seven containers ranging the sizes from eight foot wide by 20 feet long, up to eight feet wide by 45 feet long. There's a covered roof area that has some additional storage and then the temporary tank that was previously testified to My second plan, which is I will remove the A two note from the top is entitled engineering site plan. It's actually sheet three of the submitted engineering documents, which shows basically what the applicant is proposing for this particular application starting from New Brunswick Avenue. They are going to shift the northerly driveway slightly off of the northerly property line, make that a full 15 foot wide paved driveway as that wraps around the rear of the structure and then along the southerly side, most of that existing driveway is going to remain. We're just gonna kind of formalize it to make it a standard 12 foot wide driveway.  
Speaker 13    00:53:20    It's a little undersized today. And while they do have two parking stalls just at the southwest corner of their office building, we are gonna formalize that with four separate parking stalls. They're a little oversized than a standard parking stall. Standard parking stalls are nine by 18. We are making these 22 feet deep. You know a lot of people that come into the office, some of the co you know you have a long pickup truck, et cetera. So we, we gave him a little bit more depth on those parking stalls. We're going to replace the existing chain link fence and run a new fence basically from the corner of the garage straight down perpendicular to the northerly and southerly property lines. There will be two gates installed that will provide security and separation between the, the front and rear yards. Again, we've basically formalized some additional parking in the rear instead of having some of the employees just kind of park all over in the rear section.  
Speaker 13    00:54:14    We formalized some parking stalls in the rear for them to park to keep it kind of organized in a little safer. The rear portion is going to remain as gravel as it does today. The storage area at the northwest is going to remain as it is today and at the southwest corner. They are cleaning up this area and kind of organizing it a little better. We are eliminating one of the smaller containers and they're all gonna be lined up sly stacked. They're not gonna be double stacked on top of each other with the temporary tank being located at that location as well. In addition to these improvements, we are proposing landscaping along the chain link fence and along the orderly property line. Based on the recommendations made by Mr. Hinterstein, we will utilize different species than what was indicated on the landscape and pan additional species.  
Speaker 13    00:55:05    Our thoughts were maybe some Norway spruces along this fence, which will help provide some additional buffering to show the separation between the front and rear of the property. There's also a nine square foot sign that is nothing more than identification in the address of the property located about two and a half feet off of the right of way of New Brunswick Avenue. The variances were already previously listed by the applicant's attorney, so I will not reiterate those. The applicant's planner is going to go through each of those for justifications. Again, most of those being existing nonconformities. The outside agency approvals that we will require for this application is a Middlesex County Planning board cuz we are on a county road. I do not believe we require a soil erosion permit cause I believe we're under 5,000 square feet of disturbance. But if we are, we will certainly file one with Mr.  
Speaker 13    00:56:00    Henderson's office. And lastly, because the property falls either within the floodway or flood plain of bound Brook and N J D E P flood hazard area individual permit will be required for any improvements on the site. Lastly, the applicant has had the opportunity with myself to review the June 21st, 2023 memo for Mr. John Chadwick. End, the July 12th, 2023 review memo from Mr. Hinterstein. And the applicant is willing to agree with all comments with the exception of one. And another one that I just wanted to kind of briefly discuss that was brought up previously comment one of Mr. Stein's report notes about EV parking stalls Based on our review of the state requirement, if you are proposing under 25 parking stalls, an EV parking stall is not required. So I believe that it is this particular application exempt from that requirement. And in item two regarding the dedication, we went out there and, and kind of measured where the center line was and it, and it's about a 20 foot dedication that we're gonna have to propose here.  
Speaker 13    00:57:12    And I would like to ask if the board would be willing to grant a 20 foot wide roadway easement over an actual dedication. And the reason I ask that is if we, if we req, if a dedication is required, the sign right now is about 15 feet off of the road off the curb, add 20 feet to that, that little nine square foot sign is now gonna be 35 feet off of the road. If it's a 20 foot easement, the sign can remain where it is. We're obviously asking for an existing non-conforming variance for it, but it can remain where is, and it, and it's in my opinion, a little better for safety. It helps identify the, the project location just due to the setback of the house. You can't see the numbers. They're a little difficult to see on, on the building itself. That sign really does help identify the address for the property. That concludes my testimony.  
Speaker 1     00:58:09    Any other members of the board have any questions? Mr,  
Speaker 5     00:58:14    Could you take the screen? Yeah, I just had something. Thank you.  
Speaker 1     00:58:19    Please hand proceed  
Speaker 5     00:58:20    Mr. Greg on the, the, the easement for the roadway. I don't see any issue with taking that right of way in the form of an easement, but because you're on a county road, you are gonna be required to get Middlesex County approval and they may feel otherwise. Okay. So as long as they're in agreement with that and they concur with our feeling that it can be a, you know, an easement for that purpose. I don't see any reason then that we, I think we could then you can move forward just in case with the variance, assuming that it's gonna be taken as an easement. The only problem would be is if the county came back and said, no, it has to be like a fee simple dedication that that would, you know, cause a problem because then obviously your sign would be in the right of way, which we wouldn't typically allow. But perhaps in this particular case, since the roadway such a distance away from the future right of way line, we, we could perhaps Mr. Kinneally, you, you may be better depending on what, how that easement or that taking, taking for the, for the roadway is done. Could be either a easement in the right of way for the signage, even though that's not typical. I think in this case it, it probably could be looked on favorably. Favorably because it's such a small identification sign.  
Speaker 12    00:59:49    Yeah. If it ends up being, if the county ends up requiring the dedication, if the applicant may have to come back for a site plan issue for the location of the sign because it can't go in the right of way or in, in the, that area.  
Speaker 13    01:00:04    Could, could we make it a condition of the approval that if the county does require a dedication, that the applicant would adjust the sign and put it right at the pro, at the property line like a zero foot or, you know, six inch setback off of the property line, which would technically be a variance, but they would be willing instead of having to have them come back,  
Speaker 12    01:00:25    Henry, would you be concerned at all with the possible location of that?  
Speaker 5     01:00:30    Nah. Cause you, you'd be moving it back at that point 20 feet from its current location, if not further. So really almost 22 feet or 22 and a half feet. So I, I don't see it really being an issue. It would be able to go right up to that property line. So maybe  
Speaker 12    01:00:46    So if, if, if dedication, if dedication is required, then the approval would be amended to permit a sign one foot behind the property line.  
Speaker 5     01:00:56    Sounds reasonable.  
Speaker 1     01:01:03    Any other questions? He,  
Speaker 5     01:01:07    Greg, my only question is, you, you did say that you, you haven't received any d e P approvals, correct?  
Speaker 13    01:01:12    Correct.  
Speaker 5     01:01:13    Okay. Yeah, that's my biggest concern is that, you know, again, this is the bound brook, there's a repair buffer required for the brook. There's, you know, some flood plain issues that could arise when this goes to their review again, I, you know, I don't know if there's, if there's any wetlands in the area. So I think those things, you know, may impact the design down the line. So I just don't know how far we want to, I know you, we want to go, you guys want to go through with everything, but you understand that if the DP makes you modify the, the, the plan that you'll be back here to modify your, you know, your vari may have to modify your variances as well as all your testimony on the, the changes.  
Speaker 1     01:02:08    Well, do we still want take Well we, you have a planner there. You're gonna present to us, correct?  
Speaker 12    01:02:18    You're  
Speaker 1     01:02:18    Muted. You're muted, sir. Councilor, you're muted.  
Speaker 9     01:02:28    I'm sorry's.  
Speaker 1     01:02:29    Okay. That's okay.  
Speaker 9     01:02:30    With the N J D E P and it was a chicken or egg situation. So we, we thought of best time here first and  
Speaker 1     01:02:39    Then, then let's take, let's take the testimony from your whole presentation tonight and then we can hold off until the approval comes.  
Speaker 9     01:02:49    Okay. All right. So the, the next individual I'd like to have testify is Colleen McGurrk, our professional planner.  
Speaker 12    01:03:00    Ms. McGurrk, are you present?  
Speaker 15    01:03:02    Yes, I am. Good evening.  
Speaker 12    01:03:03    Good evening. Could you raise your right hand? The testimony you're about to give should be the  
Speaker 15    01:03:08    I do  
Speaker 12    01:03:09    Spell your last name for us.  
Speaker 15    01:03:11    McGurrk M cgr K.  
Speaker 12    01:03:15    Thank you  
Speaker 9     01:03:17    Ms. McGurrk, can you just let the board know what your qualifications are with as a professional planner?  
Speaker 15    01:03:24    Yes, thank you. I'm a man managing partner at Swix Stall and McGirt Planning Associates. L L C I obtained my planning degree from Boston University. My license is current in New Jersey and I am a member of A I C P. I have provided testimony before multiple townships including Piscataway, Edison, Bedminster, Ms.  
Speaker 1     01:03:47    Ms. Bridge. That's fine. Credentials are more than adequate. Thank you. Okay,  
Speaker 15    01:03:53    Thank  
Speaker 9     01:03:54    You. Okay, a again, I'm gonna let you give your analysis of the property and then I'll ask you any questions I think I need to ask you.  
Speaker 15    01:04:05    Okay, thank you. So in preparation for this testimony, I have reviewed the land development ordinance, the 2005 master plan and the 2020 re-exam. The application and plans viewed aerial photos on historic aerials.com and looked at the photos provided to me by the applicant. The photos I viewed go back to 1950s on historic aerials. I did an onsite inspection and I looked at the memos provided by the Township professionals. So the subject property known as Block 7 0 1 Lot 25.01, contains 4.616 acres and is located within the R 7.5 residential zoning district. The lot contains six portable storage containers, one temporary fuel tank, a large block garage, a small frame building, a two and a half story dwelling, which is being utilized as an office in an area with six bin blocks for outdoor storage of materials. The applicant is proposing to continue the existing landscaping and construction business.  
Speaker 15    01:05:09    The area is a mix of residential, commercial, and industrial uses Directly North is Bound Brook. Past the Brook are single family residential dwellings and to the south is Conrail railroad shipping line, a large industrial building and a quick check. And Harris Steel is further to the south as our additional industrial and retail uses to the west is Columbus Park and to the East, which is the border of the Township of South. Plainfield is a property owned by Live Oak holding a landscape contracting business. The property contains a one-story masonry building, two small sheds and a parking lot for equipment, trucks, and cars. Also to the east is wholly Redeemer Cemetery. So as you can see, the area is diverse and the impacts on the area from this existing business are minimal. Visually, there is little impact since the office, which is 160.96 feet from the roadway, is mainly what can be seen from New Brunswick Avenue.  
Speaker 15    01:06:04    The tonight's testimony, I heard that they're changing up the landscaping a little bit to make it less of a monoculture, but they were originally proposing 15 Leland Cypress trees with a planting height of six to seven feet, and a mature height of 60 feet and 46 Eastern red cedar with planting height of six to seven feet and mature height of 25 feet. Once the plantings have matured, they'll provide a substantial buffer. There's also an existing wooded area along the southern property line, which provides a substantial buffer ranging from a minimum of 30 feet up to 90 feet from the property line. A D one use variance is required for this existing business as well as several bulk variances. The site is particularly suited for the existing use because the historical use of this property has been commercial and the previous use a garbage disposal company was likely even a more intense use.  
Speaker 15    01:06:54    This property has changed over the years, but has been utilized for the existing landscaping and construction business since at least 2011. Prior to 2011, it was occupied by a garbage disposal business known as B A C D L L C in 2004, and prior to that, it was known as Brian a Colbath disposal going back many decades. According to the historic aerials, it looks like a commercial use dates back as far as 1963 and potentially prior. The current business is a low intense commercial use accessory to the existing single family railing, which is being utilized as an office for the business. The surrounding area consists of uses that would not be negatively impacted by this commercial use the active railing directly to the south and bound brook directly to the north create a substantial degree of separation to the surrounding properties. This lot is also particularly suited for this business since it is a long, deep lot and the storage of the equipment is mainly hidden from the roadway. The converted residential dwelling and a nicely landscaped front yard is what is mainly seen from the roadway New Brunswick Avenue.  
Speaker 15    01:08:04    The permitted use of a single family dwelling would be an inappropriate use due to the adjacent active railway and the FEMA designation of an AE flood zone with potential flooding from Bound Brook. The property is additionally constrained by D E P regulation due to almost the entirety of the property laying within the floodway of Bound Brook, which would not allow for more new structures to be built. Therefore, the storage of vehicles and equipment is an ideal use for this property. The 2005 master plan and the 2020 re-exam both show the property in the R 0.57 zone with a recommended change to park and recreation. The 2020 master plan also reaffirms one of its goals and objectives from the 25 2005 master plan, which is to preserve the character and quality of residential neighborhoods while providing the opportunity for redevelopment and preservation or desirable and possible.  
Speaker 15    01:08:53    This dwelling was built in 1847, so the preservation of the structure has value, as does the service that this business provides. For the Township. The relief that is required for a D one variance must satisfy what is known as the Medici criteria. There are three ways to do this. The main point though is that the general welfare would be served because the existing use is particularly suited to the proposed, or in this case, the existing use. There are similar uses and also more intense industrial uses and retail uses in this area. The lot is bordered again by the railway and bound brook. The majority of the property is undevelopable due to its floodway classification, so no structures or very limited structures could be built on this property. This is an existing use that is operated without any negative impact on the area for decades.  
Speaker 15    01:09:43    The applicant has shown that they're willing to make improvements to the property and the applicant still has property rights even as a nonconforming use in order to justify the variances. Requested. Bulk relief can be granted based upon a C1 and C2 analysis. The C1 analysis deals with hardships related to the property, the physical aspects of the site. The C2 is a weighing test to the benefits outweigh the detriments. The proposed bulk relief can be granted based upon both C1 hardship. Since the property is located adjacent to Bound Brook, which restricts any further development of the lot, a C2 analysis can be applied. Since the proposed variances advance the purposes of the M L U L and the benefits of granting those variances outweigh any detriment that may result from their approval. The existing storage units, signage and parking area and the bin should be allowed to continue.  
Speaker 15    01:10:32    Since there are no, no negative impacts to the surrounding area, the lot has been functioning well with this type of use for 60 years or more. The lot in its current condition as similar to surrounding uses, in particular the landscaping business on the eastern side of New Brunswick Avenue, and if it's in with the character of the neighborhood, since it has been a part of the neighborhood for decades. With regard to the portable storage units, there are six existing units and one temporary fuel tank, whereas one is permitted. This is an existing condition. The business has operated at this property for many years and requires an area for storage, but permanent structures, which the applicant was willing to provide are not permitted in. The floodway. Portable storage units provide a better visual aesthetic than simply strain the equipment outdoors. The applicant is proposing to relocate the units further from the rear yard property line, which is adjacent to Columbus Park. The units are currently eight feet from the property line and 45 feet from the southern property line, and are now proposed to be 92 feet from the rear yard property line and 30 feet from the southern property line, which is adjacent to the Conroe property.  
Speaker 15    01:11:41    And the, the landscaping in the wooded area will help with this. Also, with regards to the signage, it, you're allowed two square feet, whereas the existing sign is nine square feet. It is a small, attractive unli sign and containing only the address. No mention of the business name. The applicant is, is, is seeking to get an easement to keep the sign in his current location within the right of way. With regards to the bin wall height, 8.5 feet is existing or six feet is permitted. The justification for this variance is that the bins are existing and have been in this location, this size and height for decades without any negative known impacts. The bins cannot be seen from an adjacent property or from New Brunswick Avenue. The bins help organize and properly contain the materials utilized by the business.  
Speaker 15    01:12:30    A paved parking lot is required and is proposed for the employee parking. The applicant has proposed to remove portions of the asphalt driveway and replace them with gravel where the landscaping and construction vehicles and equipment will be parked and has proposed a paved parking area for the employees for the total of four stalls. The existing northern driveway from New Brunswick Avenue is only a few feet from the property line, but will be shifted to be 10 feet from the property line and will be expanded to be the required minimum 15 foot width. The applicant has also proposed landscaping along the front and northern side and a portion of the rear perimeter of the property, which will create significant screening of the eight stalls located on the gravel parking area for the landscape vehicles, the existing fences are to be removed and a new six foot chain link fence is proposed.  
Speaker 15    01:13:17    All of these improvements will make the property function better and improve its appearance while bringing it into conformance with the current ordinance requirements. The accessory structures, whereas a maximum of 25 by 25 is permitted, there are two existing structures. There is an existing large block garage measuring 23.8 feet by 143.9 feet, and a small frame building measuring 18.3 feet by 24.7 feet. The large block garage accessory building dates back to 1947 and the small frame building dates back to 1953. These structures help contain the equipment and materials from the construction business, which is preferred to outdoor storage. The structures predate the ordinance and have no known negative impacts.  
Speaker 15    01:14:05    This application advances several purposes of the M L U L purpose, a to encourage municipal action to guide the appropriate use or development of all lands in the state in a manner which will promote the public health, safety, morals, and general welfare. We know that the property is located in the 7.5 zoning district and contains a single family dwelling with an accessory, landscaping and construction business. The existing use is consistent with the surrounding area. The only changes proposed are for the various improvements to the parking area, the driveway, and the landscaping in order to mitigate the bolt variances and no expansion of the current use is proposed Purpose G to provide sufficient space and appropriate locations for a variety of agriculture, residential, recreational, commercial, and industrial uses in open space, both public and private according to their respective environmental requirements. In order to meet the needs of all New Jersey citizens, this area contains a mix of residential, industrial, and commercial uses, and this business provides services to the local residents and is consistent with other uses in the area.  
Speaker 15    01:15:08    Purpose m to encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of the land issue should be allowed to continue in its present state With the proposed buffering and circulation improvements, the existing business has a positive impact on the area by providing negative necessary services, and there are no known negative impacts. It is my professional opinion that the granting of the use variance and also the bulk variances will not result in a substantial detriment to the public good and will not substantially impair the intent and purpose of the master plan or zone plan. This is an existing business. The building size and intensity of the use remain the same, and the benefits of this business outweigh any detriments. And I did have a brief slide presentation. If I could please proceed share screen. Trying to share my screen.  
Speaker 1     01:16:17    It's all right.  
Speaker 15    01:16:19    Do I have permission to share the screen?  
Speaker 1     01:16:21    Yes, I gave it to you.  
Speaker 15    01:16:32    Sorry. No,  
Speaker 1     01:16:41    This is unnecessary visual aid. I, I'll, I'll be patient, but otherwise, I, I do gotta proceed. We have another case behind us.  
Speaker 15    01:16:49    It was just the aerials, which I believe were submitted. So the aerials show, what was existing on the property dating back to the fifties.  
Speaker 1     01:16:57    Yeah, if, if it was already submitted then, then the, the board has about that. We're good, Colleen. Thank you. Okay.  
Speaker 15    01:17:04    Okay. That's all I have.  
Speaker 9     01:17:06    Ms. Mcc, I just have a couple of really quick questions. Sure. Is it your opinion, and I, and I think you've said this already, but I just wanna reiterate, is it your opinion based upon your testimony that the general welfare is served because the use is part, particularly fitted to the location for which variance is sought?  
Speaker 15    01:17:25    Yes, it is. As stated earlier, it's a, it does a long, deep lot. The house is 160.96 feet from the front yard property line. Visually, nobody can see what's what's occurring at the rear of the property and behind the dwelling. And the existing use, as far as I know, has had no known negative impacts over the decades it's been there.  
Speaker 9     01:17:48    Okay. And the next question, in your opinion, can the variance of sought be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and the zoning ordinance?  
Speaker 15    01:18:00    It is.  
Speaker 9     01:18:02    Okay. Thank you. That's, any questions from the board?  
Speaker 1     01:18:08    Yeah. Any members of the board have any questions for Mr. Mayor McGirt? No. Okay. Well, Mr. Swan, you, you're, that's the end of your presentation? Yes. Do you wanna summarize anything or  
Speaker 9     01:18:22    I I, I, I think you've heard quite a bit and  
Speaker 1     01:18:25    We have, I'm always try to be courteous and make sure you, you're satisfied with your president.  
Speaker 9     01:18:32    You know what? I I, you've heard enough I say something, it might be stupid, so, we'll, we'll,  
Speaker 1     01:18:38    I appreciate that more than, you know, at this point, we're not going be voting on this for two reasons, obviously, the d e p approval, and I'd like either myself and several members of the board to get out to the property to observe it. So, Mr. Kinneally, how should I proceed at this point? Do we set him up with another date or, yeah, we,  
Speaker 12    01:18:59    We should carry it to another date so that the applicant does not have to notice again.  
Speaker 9     01:19:03    Okay.  
Speaker 1     01:19:04    Okay. Board,  
Speaker 12    01:19:04    Board members can arrange with Mr. Wan's office to make site visits, but you can't go as a quorum. You have to go less than individual people at a time.  
Speaker 1     01:19:14    Okay. Okay. Perfect. Laura, you've got Mr. Wan's information for any member of the board to contact?  
Speaker 0     01:19:22    Yes, Chairman.  
Speaker 1     01:19:23    Perfect. Okay. What dates you have available? Well, how long do you think We'll, it'll take to get the case. We,  
Speaker 0     01:19:31    We already have seven pages on in August.  
Speaker 1     01:19:34    Oh, geez. It looks like you guys are gonna be moved to September. Yeah,  
Speaker 0     01:19:42    It's a use. So Chadwick has to be here. So September, excuse me, September 28th,  
Speaker 12    01:19:50    Mr. September 8th Acceptable.  
Speaker 9     01:19:53    I don't have book in front of me, but I I'm sure it is.  
Speaker 12    01:19:59    So anybody here on the Weniger application is carried to September 28th with no further notice by the applicant?  
Speaker 1     01:20:08    Thank you Mr. Swanning. Thank you. All right, we're gonna double back to Mr. Devour. I understand he's on the phone now.  
Speaker 0     01:20:18    Yes. Okay. I just asked him to unmute.  
Speaker 1     01:20:22    Let me formally get this though. Item number, well, 23 dash CB dash 63 v. Mark dufour.  
Speaker 12    01:20:34    Mr. Dufour, are you present?  
Speaker 17    01:20:36    Yes, I am.  
Speaker 12    01:20:37    I need to swear you in your right hand. You swear that testimony, we  
Speaker 0     01:20:43    Couldn't hear you, Jim. Okay.  
Speaker 1     01:20:45    Jim,  
Speaker 12    01:20:47    You swear that the testimony you're about to give should be the truth?  
Speaker 17    01:20:50    Yes.  
Speaker 12    01:20:51    Okay. Your name and address please?  
Speaker 17    01:20:54    Mark Dufour, D U O U r 4 42 New Market Road.  
Speaker 12    01:21:01    Thank you. Mr. Dufour, could you explain to the board why you're here?  
Speaker 17    01:21:06    Okay. Well, I pur purchased this house five months ago and there was issues with the house. So when I went to the pro, previous owner had gotten a permit for a deck in the back, and then he put a roof on with no permit. So I bought the house with this issue being that I'm gonna try to get this rectified because he has now that floating floor in there and the roof over it. And if I was to take the roof off, everything would just be totally ruined. So I'm looking to see if we can keep the roof on. I applied for the permit and then they told me I had to get a variance. Structurally, you know, I've been in the business for many years, and structurally it looks decent. The guy who did it did a very nice job. That's one issue. Another, because I have a bulk variance here. Another issue is the fence. The, now I, I had some, somebody sent me something stating that there was no permit for the fence, but in 2016, a permit was taken out, inspected by code enforcement and approved. That was Michael Stein back in 2016. And then also there was a shed on the  
Speaker 0     01:22:40    Property. Mr. Court, Mr. Stein didn't work here in 20 15, 20 16.  
Speaker 17    01:22:45    Well, that's 2016. That's what this paper says. I don't know. This is fromStein@pestonj.org. This is, this is a, a piece of paper. The, the next door neighbor had given to me because, but defense, according to this, there was a permit taken out and inspected by the Dakota officer and approved. I'm just, you know, reading what I have in front of me.  
Speaker 1     01:23:20    Jim, Jim, we have that produced to us before. Yes. You, you, the applicant should provide that to the board. Right. So, okay, let's address the other issues, but we won't, we won't be approving this application tonight until we have proof of that paperwork that you said was submitted back in 2016.  
Speaker 17    01:23:39    Okay.  
Speaker 1     01:23:40    Well we can address other issues on the site impact if you'd like.  
Speaker 17    01:23:45    Yes.  
Speaker 1     01:23:47    Okay. Do you want us to do it on our end? Yes. I'm just ahead to seat ready. Okay. Henry, could you go over this with Mr. Dufour?  
Speaker 5     01:23:56    Yeah, I mean, you know, he's saying that permits were issued, obviously permits were not issued, or if permits were issued, they were disregarded and then the deck was built larger than what would the permit would've showed. Regardless, it's the deck was built or legally built or disregarded. The permit, it was built larger than was then was allowed. If there was a variance, we'd have a record of it. So there was no variance, which means that there was no permit taken out for the deck. So, again, somebody went, did this without permits and you know, maybe you bought the property like this, but again, it doesn't absolve the fact that somebody went and did this illegally. And now basically what you're doing is you're asking for forgiveness for what somebody else did. And I understand you may be put in a, in a sort of, you know, a tough spot, but it's sort of buyer beware, you know, if everybody just did what they wanted.  
Speaker 5     01:25:00    The problem is the, the zoning's there for a reason. So again, you need to justify leaving. Please, lemme finish. You have to justify leaving or justify variances by either a hardship or other criteria. The, the, there's a bunch of variances at, for this property. So there's one variance is required for the shed or accessory structure. I don't see a big issue with that, even though it's two and a half feet from the property line due to the fact that there is a solid fence and it's adjacent to the neighbor's shed garage. So I think that Bork could look favorably upon leaving the shed where it is. As far as the fence, there's, there was a little bit of talk about that, although there is a variance required for the fence regardless of whether or not a permit was taken out, the fence is very close to the front yard setback line, I believe. I think the house is slightly over the required setback. So I don't see, you know, I think the house is 22 and 0.34 from, you know, the, the actual house is, is in a little bit from the required setback. So again, the fence variance is minimal at best. I don't see any issue. And I think it lines up with the front of the house, if I'm not mistaken. Mr. Dufore?  
Speaker 17    01:26:24    Yes.  
Speaker 5     01:26:25    So again, don't really see an issue whether there was a permit taken out or not. The variance is requested and I think that we can approve the variance for this location since it's a minimal deviation from the requirement and it matches up with the existing house. The biggest issue here is the deck. The deck and the cover. It was, again, it was built without a permit. If a permit was taken, this would never have been allowed to be built that close to the side of property line when there's that much other property around the house. And it definitely wouldn't have been allowed to be enclosed with the roof. So I'm not even too concerned with the deck itself. I'm more concerned with the roof structure above, cuz that has more of a, I think a negative impact to the neighboring properties. So again, I don't have an issue per se with the deck.  
Speaker 5     01:27:16    It deviates two feet from the side yard setback. But I think that the, the overhead structure needs to be modified so that it, it complies with the, with the setback requirement. Again, you know, this isn't, you know, this regard the ordinance and come into the board and ask for forgiveness. If you wanna do something that deviates from the, the zoning ordinance, the proper, you know, the proper format is you request a variance and then if you get the variance, you do the work, you don't do it in the opposite manner and then try to get things by. If that was the case then, you know, we'd have chaos here in the town. So again, my recommendation is, is that most of these variances could be looked upon favorably. My biggest issue is the, the cover, the cover portion of the deck. I just think it should be modified and comply with the setback. I don't see any hardship because it was self-created hardship and, you know, that's my opinion. And along with that, the, the deck and the modified roof, if the roof is to remain, would need to be permitted through the building department. They would need to inspect the structure and confirm that it was built appropriately and approved and approved by them.  
Speaker 17    01:28:37    What is the setback for the roof off the property line?  
Speaker 5     01:28:42    Eight feet.  
Speaker 17    01:28:44    Eight feet. So if I let, if eight feet off the fence, eight feet, feet, feet,  
Speaker 5     01:28:51    Eight feet off the property line,  
Speaker 17    01:28:54    Okay.  
Speaker 5     01:28:57    The property line is  
Speaker 17    01:28:59    Cut the roof, I cut eight feet off, cut the roof back so it accommodates eight feet.  
Speaker 5     01:29:06    The, the entire overhead structure has to be at least eight feet from the side property line.  
Speaker 17    01:29:12    Okay, I'll do that. I'll, I'll cut it off. I'll, I'll just cut it off. That's all. Not a,  
Speaker 1     01:29:22    That's fine. So,  
Speaker 17    01:29:25    So then how do I, how do I go about this? I gotta go apply for a permit.  
Speaker 5     01:29:31    Yeah, you would need the resolution once we, if, if the board looks upon this favor plea based on your, your willingness to modify your application, you'll get a resolution then you would need to prepare a plan for what you're gonna do to modify that roof. You're gonna have to probably show them how it was constructed and how you're gonna modify it. Same with the deck and apply for the permits for both the deck and the overhead structure so that it could be in inspected and, and given a rubber, you know, a stamp of approval by them so that we know it's built was built in accordance with the uniform construction code.  
Speaker 17    01:30:07    Okay. Very good.  
Speaker 1     01:30:08    So Henry, in your opinion, we don't need to have the physical PA permit for the fence?  
Speaker 5     01:30:13    No, because again, although it's in the front yard, the house is actually at that same location if not a little bit further up than the, than the fence. So I mean I think it makes logical sense here. I think the fence is at like 22, 23 feet versus 25. Got it. So I think you could use the front front setback of the house, which is 22 point. Lemme get that for, again 22.34. That would be the variance for the fence. And so the fence could be located even with the front of the house or further back.  
Speaker 1     01:30:52    Got it. Okay. Is that, that's all agreeable Mr. Defore, correct?  
Speaker 17    01:30:58    Yes.  
Speaker 1     01:30:59    The shed's gonna stay where it is the fence is. Okay. And you're gonna modify the roof to code?  
Speaker 17    01:31:05    Yes. No problem. Okay.  
Speaker 1     01:31:07    Okay. Any other members of the board have any questions for this applicant? Hearing none, I'm gonna open it to the public. Anyone on the public have any questions about this application?  
Speaker 0     01:31:20    No. One Chairman.  
Speaker 1     01:31:21    Okay. Close the public portion and with the modifications made by Mr. Defour or agreed to upon by Mr. Defour, I vote I would like to approve this application.  
Speaker 5     01:31:32    I second  
Speaker 1     01:31:35    Please call the roll.  
Speaker 0     01:31:37    Mr. Tillery? Yes. Mr. Patel?  
Speaker 1     01:31:40    Yes.  
Speaker 0     01:31:41    Mr. Regio?  
Speaker 1     01:31:43    Yes.  
Speaker 0     01:31:43    Mr. Bla?  
Speaker 1     01:31:45    Yes.  
Speaker 0     01:31:45    Mr. AKA Yes. Mr. Mitterando? Yes. And Chairman cao?  
Speaker 1     01:31:50    Yes.  
Speaker 12    01:31:51    Mr. Defo, you, you've been granted an unapproval, we will memorialize it in a document at our next meeting and send that document to you. You'll need that to get your permits.  
Speaker 17    01:32:02    And what about the mco?  
Speaker 1     01:32:07    What about the what sir?  
Speaker 17    01:32:09    My certificate of occupancy right now I have a temporary that ran out.  
Speaker 0     01:32:15    Well, you, you need to call code enforcement. Tell them you got approved, but you can't do anything to the resolution next month. So you have to work it out with Code enforcement. Call Julie tomorrow.  
Speaker 1     01:32:24    Yeah,  
Speaker 5     01:32:24    You could probably get an extension on that. So definitely give them a  
Speaker 12    01:32:27    Shout. Okay?  
Speaker 17    01:32:29    Okay. Very good. Alright,  
Speaker 1     01:32:30    Mr. Defo, have a great evening.  
Speaker 17    01:32:32    Thank you. You too.  
Speaker 1     01:32:34    Okay. Okay. Let's go to item number 15. Adoption of resolutions of the regular meeting of June 22nd, 2023.  
Speaker 12    01:32:42    First resolution is Charlene Jones, which you voted to approve. Mr. Weisman? Yes. No. Mr. O'Reggio?  
Speaker 1     01:32:51    Yes.  
Speaker 12    01:32:51    Mr. Blount. Mr. Yes. Mr. Yes. Chairman. Cahill? Yes.  
Speaker 1     01:32:59    Mr.  
Speaker 12    01:32:59    Elizabeth. Jorge, which you voted to approve. Mr. Weisman? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Blount? Yes. Mr. Mr. Mitterando? Yes. Chairman. Cahill? Yes. Next is Transcontinental Steel Temporary use Permit. Mr. Weisman? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Blount? Yes. Mr. Yes. Mr. Mitterando? Yes. Chairman Cahill?  
Speaker 1     01:33:30    Yes.  
Speaker 12    01:33:31    Exus 33. Clause and Owner Temporary use permit. Mr. Weisman? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. B Blount? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Chairman. Cahill? Yes. Next is N Y S M S A Verizon. Mr. Weisman? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. B Blount? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Chairman Cahill?  
Speaker 1     01:34:02    Yes.  
Speaker 12    01:34:03    Finally is Colgate Palm Mr. Patel? Yep. Mr. Reggio? Yes. Mr. Blount? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Vice Chairman. Weisman? Yes. Those are all the resolutions I have this evening.  
Speaker 1     01:34:20    Item number 16, adoption of minutes from the regular meeting of June 22nd, 2023. All in favor say aye.  
Speaker 12    01:34:27    Aye. Aye  
Speaker 1     01:34:29    And I both on item number 17 to make it adjourn. All in favor say aye. Aye.  
Speaker 12    01:34:35    Aye.  
Speaker 1     01:34:35    Okay guys, I got worried when I saw been around those black cat up on the, on the screen for a second there.  
Speaker 0     01:34:41    That was cute.  
Speaker 1     01:34:43    This nice gonna not gonna go very well. Black cats are good. You guys are great. I love you and enjoy what time you've got. When's it? August? What is our next meeting?  
Speaker 0     01:34:52    10th. You have a month?  
Speaker 1     01:34:55    Okay. Make the most of it guys. Go. Stay safe. Have a good night. Night everyone. Good night.