Transcript for Piscataway Zoning meeting on March 14 2024
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Speaker 0 00:00:07 Okay, Mr. Chairman, we're ready. Speaker 1 00:00:09 Okay. Zoning Board of adjustment meeting will please come to order. Adequate notice of this meeting was provided in the following ways. Notice published at Coer News Notice posted on the Bolton Board of Municipal Building Notice made available to the Township clerk notice sent to the COER News and the star ledger. Will the clerk please call the role Speaker 0 00:00:27 Mr. Weisman? Steve, you're mute Speaker 1 00:00:32 Here. I still have Speaker 2 00:00:33 Pictures of there though. Speaker 0 00:00:34 Tim? Mr. Tillery? Here. Mr. Patel? Here. Mr. Regio? Here. Speaker 2 00:00:40 Here. Speaker 0 00:00:41 Mr. Bla. Here. Mr. Haca. He just got home from work. He's coming out. Mr. Mitterando? Here. Mr. Cahill Speaker 1 00:00:51 Here. Speaker 0 00:00:52 And Mr. Chadwick is here. Speaker 2 00:00:54 I'm here. Speaker 1 00:00:55 Will everyone please stand for a salute to the flag over my shoulder. Speaker 0 00:01:05 The pledge allegiance, Speaker 3 00:01:07 The flag to the flag. The United States America. Do we lose one? Republic? Speaker 0 00:01:13 Republic? For which it stands? Speaker 3 00:01:14 Stands? One Nation Nation with Liberty and Justice. Speaker 1 00:01:24 Mr. Kinneally, are there any changes to tonight's agenda? Speaker 4 00:01:27 Yes, there are 100 Lakeview rear will not be heard. That matter has been withdrawn. And anyone here on NBDA one LLC? That matter is listed for April 11th with no further notice. Those are all the changes that I have. Speaker 1 00:01:43 Okay, let's go to item number 6 23 dash ZB dash 1 1 1 V. Esh Patel Speaker 4 00:01:57 Esh Patel present? Speaker 5 00:01:58 Yes. Speaker 4 00:01:59 I need to swear you in. Could you raise your right hand? Do you swear the testimony you're about to give shall be the truth? Speaker 5 00:02:04 Yes. Speaker 4 00:02:05 Your name and address please? Speaker 5 00:02:07 My name is Pri Cape Patel. My address is 20 Grace Place Piscataway, NG 0 8 8 5 4. Speaker 1 00:02:14 Thank Speaker 4 00:02:14 You. You can put your hand down and please explain to the board what you'd like to do here. Speaker 5 00:02:19 Basically I would like to put like six by 10 storage in my home's home. Left-hand side easement. And my home is surrounded by almost 90% easement. And on the other side I have the little space on the right hand side, but that is kind of accessible when snow and other stuff is there. So it's difficult for that, that space to put on. So that's why I'm asking a variance for that small storage. Speaker 1 00:02:51 Mr. Chadwick? Speaker 2 00:02:52 Yes, I've reviewed both Mr. Stein's report and done my own research. There's one single question that I think you addressed it. The reason it's on that side of the house is, is what? Why couldn't it be on the other side of the house? Speaker 5 00:03:10 Well, it's in order to, it's that on a, on on, on a other side. There is no way to why you have to pull out the, like snowblower and other stuff, which is kind of hard because there is, you need to, it's very away from the driveway. So that's what the reason is. Speaker 2 00:03:30 You seem to have sidewalk all around your home. Speaker 5 00:03:34 Is that correct? Yeah. On that one little bit there, but it's like kind of, I, I have to put the gate in front of the home here. Okay. In order to get out. Speaker 2 00:03:44 Alright. The only other thing that is recommended that if the Township has to do any kind of improvements in that easement, they have no responsibilities to replace fencing or anything. Anything else. Are you agreeable to that? Speaker 5 00:04:03 Correct. I will bear the cost for that. Speaker 1 00:04:06 Okay, great. Speaker 2 00:04:06 I have no other comments Mr. Speaker 1 00:04:07 Chadwick. Thank you Mr. Chadwick. Any other members of the board of any questions for this applicant? Hearing none, I'm gonna take it to the public. Anyone in the public have any questions or comments for this individual? Speaker 0 00:04:22 No. One Chairman. Sorry. Speaker 1 00:04:23 Okay. No, no, no. Don't worry, don't worry. I'd make a motion at this point. Close the public portion and I'd make a motion to approve this application. Can I get a second? Thank you. Please call the roll. Speaker 0 00:04:33 Thank you. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Thank you. Yes. Mr. Reio? Yes. Mr. Bla? Yes. Mr. Hika? Not yet. Mr. Mitterando? Yes. And Chairman Cahill? Yes. Speaker 4 00:04:49 Your application's been approved. We'll memorialize it in a written document at our next meeting and send a copy of that document to you. Speaker 1 00:04:55 Good luck. Speaker 5 00:04:56 Thank you. Thank you. Speaker 1 00:04:57 Take care. Have a good night, sir. Speaker 5 00:04:58 Thank you. Speaker 1 00:04:59 Let's move on to item number 7 23 dash ZB dash 1 1 0 V. Sherry Ames. Tucker Speaker 4 00:05:08 Is Sherry Eames Tucker present? Speaker 6 00:05:10 Yes. I'm here. I need to Speaker 4 00:05:12 Swear you in. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth? Speaker 6 00:05:17 I do, yes. Speaker 4 00:05:18 Thank you. You can put your name down, gimme your name and address and explain to the board why you're here. Speaker 6 00:05:23 My name is Cherie Eames Tucker. My address is 18 Heidi Court, Piscataway, New Jersey 0 8 8 5 4. The reason why I'm here is I'm requesting a variance to, to replace a six foot fence on the right facing side of my home, which faces the Conrail side in woods is a current fence there and we would just like to replace it and upgrade it at the same height that it is. The reason why we're asking for that, I believe that a four foot fence, a picket fence is required in the front of your yard normally. But we did buy that house with a six foot fence. There's animals, there's woods, unkept woods by Conrail, there's a railroad station. So we would prefer not to see all of those things and keep the fence at the same height that it is. Speaker 1 00:06:15 Mr. Chadwick, could you chime in for a minute? Yes. Speaker 2 00:06:18 I've also reviewed Mr. Stein's report and done my own research and the descriptions. It's a odd shaped lot to start with. It's like a big pie shaped lot, but where she wants to put the fences right along a railroad and it's at the end of a cul-de-sac. So it doesn't have any impact on the streetscape. Speaker 1 00:06:39 Awesome. Speaker 2 00:06:40 I have no other comments. Speaker 1 00:06:42 Thank you John. I appreciate any other members of the board of any questions for this applicant? Hearing none, I'm gonna open it to the public. Anyone in the public have any comments or questions about this application? Speaker 0 00:06:54 No. One Chairman. Speaker 1 00:06:55 Okay. I'll close the public portion and I'd make a motion to approve this application. Can I get a second? I'll Speaker 2 00:07:00 Second. Speaker 1 00:07:01 Thank you. Please call the roll. Speaker 0 00:07:03 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Bla? Speaker 2 00:07:12 Yes. Speaker 0 00:07:13 Mr. Mitterando? Yes. And Chairman Cahill? Speaker 1 00:07:17 Yes. Speaker 4 00:07:18 Your application's been approved. We'll memorialize it written in a written document at the next meeting and mail a copy of that document to you. Good luck. Thank Speaker 0 00:07:26 You. Thank you. Speaker 1 00:07:27 Good day. Goodnight. Let's move on to item number eight. Speaker 0 00:07:35 No idea whose that is. Speaker 1 00:07:37 Who? Speaker 0 00:07:37 Okay, continue. Speaker 1 00:07:38 Okay. Item number 8 24 dash ZB dash zero one v Mirage. Duku. Did I put yes. Present? Speaker 8 00:07:49 Yes. Thank you. Mr. Chairman. John Sullivan from the offices of Vest and Sullivan representing Mr. Duku. And Mr. Duku is also present as well. Property here is located at 12 dash 14 Church Street currently improved with a two story, two family dwelling. It also has a garage shed and related site improvements. It's located in the R 0.75 zone district, which as we know allows single family homes, but it does not allow a two-family as a principal permitted use. Our application tonight is for the issuance of a certificate of non-conformity pursuant to the municipal land use law. And that is to continue the use of the property as a two-family dwelling. Along with our application, we did submit several documents we submitted to municipal tax records, which do list the property as a two-family dwelling. Unfortunately, they only went back to 1974 and despite our best death, we couldn't find anything earlier than that. Speaker 8 00:08:52 We were able to locate a census record from 1950 that does show two separate families living at this address. Mr. And Mrs. Lambert and a Mr. And Mrs. Murphy both with children. We produced site photographs, the property survey, the property deed construction permits. We also submitted the contract of sale, multiple listing and the appraisal. And the significance of those was that all of those do indicate that property is a two-family dwelling and that is what Mr. Duku relied on when he purchased the property. We also submitted a set of floor plans showing the two family layout and we submitted several landlord registration certificates, certificates of occupancy and smoke detector, carbon monoxide detector certificates for the property. I do have Mr. Duku available, so perhaps if we could swear him in and I'll have him verify some of what I just said. Speaker 4 00:09:57 Mr. Duku, could you raise your right hand? Do you swear that the testimony you're about to give shall be the truth? Speaker 9 00:10:03 Yes. Yes. Speaker 8 00:10:06 Thank you. Mr. Duku, you are the owner of this particular piece of property? Speaker 9 00:10:10 Yes. Speaker 8 00:10:12 And you've owned that since December of 2016? Speaker 9 00:10:15 Correct. Speaker 8 00:10:17 And I had mentioned the contract of sale, the multiple listing in the appraisal, all showing it as a two-family dwelling. Is that correct? Speaker 9 00:10:24 That's correct. Speaker 8 00:10:26 And prior to buying it, did you visit the site? Speaker 9 00:10:28 Yes. Speaker 8 00:10:30 And was it in fact set up as a two-family dwelling? Speaker 9 00:10:33 Yes, it was. Speaker 8 00:10:35 And did you believe that it was a two-family dwelling? Speaker 9 00:10:38 Yes. Speaker 8 00:10:40 And the survey that we submitted, that's an accurate survey of your property? Speaker 9 00:10:45 Yes. Speaker 8 00:10:46 And that does show the house driveway, garage and shed, are they all still there? Speaker 9 00:10:53 Yes. Speaker 8 00:10:54 And based on the survey and your knowledge of the property, what is the park? The onsite parking capability for the property? Speaker 9 00:11:02 It's about five to seven parking space available. Speaker 8 00:11:06 And you prepared the floor plans that we submitted to the board? Speaker 9 00:11:10 Yes. Speaker 8 00:11:12 And is that an accurate representation of the floor plan of the house? Speaker 9 00:11:16 Yes. Speaker 8 00:11:18 And that shows two units, correct? Speaker 9 00:11:20 Correct. Speaker 8 00:11:21 And starting with the first floor unit, who, who lives there? Speaker 9 00:11:26 I currently occupy the first floor unit. Speaker 8 00:11:29 And would you just explain to the board the, the rooms that are on the first floor? Speaker 9 00:11:34 Yes. The first floor walking into the, the house and the front porch to the left is my door where I, that's the first floor you walking into the living room and then come the dining room to the right is the kitchen straight ahead is the bedroom. And in the kitchen has a bathroom and then the side exit. Speaker 8 00:11:55 Okay. So that unit's a one bedroom. Speaker 9 00:11:57 One bedroom, which I occupied. Speaker 8 00:11:59 And would you, and with regard to the second floor, who resides there? Speaker 9 00:12:04 It's currently rented to Brian's ball, my tenant, which submitted everything. Speaker 8 00:12:11 Okay. And would you just briefly describe the floor plan for that unit? Speaker 9 00:12:15 Yes. To the right, that's 12 Church Street. Once upstairs to the left is a bedroom straight ahead. Is the living room to the right, is the kitchen going back? It's the bathroom. And by the kit into the back of the kitchen, there's a, the second bedroom. Speaker 8 00:12:37 Thank you. And you also submitted the site photographs and they accurately depict the, the home as it existed at that time? Speaker 9 00:12:45 Yes. Speaker 8 00:12:46 And in those photographs, I think the purpose of those was to show that there are two separate entrances for each unit? Speaker 9 00:12:53 Correct. Speaker 8 00:12:56 And so the, and you showed the pictures of the inside of the house showing a separate kitchen, bathroom and bedrooms for each unit. Speaker 9 00:13:04 Correct. Speaker 8 00:13:05 And I believe also to show that there's separate gas and electric meters for each unit. Speaker 9 00:13:11 Correct. Speaker 8 00:13:15 That's all I have for, for oh, one other question. And 10 Church Street next door. Is that a one or a two family home? Speaker 9 00:13:24 That is a two family next door. Speaker 8 00:13:26 Thank you. And in Mr. Herrera's report, Mr. Stein's report, they do recommend that you remove the fence in the gate that are in front of the driveway. Is that something you're willing to go? Speaker 9 00:13:41 Absolutely. Yes. Speaker 8 00:13:44 That is all I have for Mr. Duco. Speaker 1 00:13:46 Okay. Thank you. John Chadwick? Speaker 2 00:13:49 Yes. I reviewed Mr. Stein's report and also reviewed and submitted a report of my own. I have one question. The access and the use of the basement, which apartment has that? Speaker 9 00:14:05 I do Speaker 2 00:14:07 You exclusive to you? Speaker 9 00:14:09 It's only me, yes. Speaker 2 00:14:11 Okay. I Is there a bedroom down there? Speaker 9 00:14:14 There is no bedroom. Speaker 2 00:14:16 So your, your apartment that you live in has one bedroom. Speaker 9 00:14:21 One bedroom, correct. Speaker 2 00:14:22 And the second floor is two bedrooms, Speaker 9 00:14:24 Two bedroom upstairs? Correct. Okay. Speaker 2 00:14:27 If, if the board approves this, I would recommend that be stipulated in the resolution. I have no other comments. I did the same research that Mrs. Sullivan presented to the board early on. It looks as if this house has never been expanded. It was built as you see it in that picture. Speaker 1 00:14:48 Okay. Thank you Mr. Chadwick. Any other members of the board have any questions for this applicant? Hearing none. Do you have any other information about Mr. Sullivan or can I take it to the public? Speaker 8 00:15:03 You could take it to a, to a vote. Mr. Chairman. Speaker 1 00:15:06 Good. Okay. At this point I'm gonna open it up to the public. Anyone in the public portion have any questions or comments for this application? Ms. Buck? Speaker 0 00:15:17 No. One Chairman. Speaker 1 00:15:21 Okay. Close the public portion and I would make a motion to approve this application best on the testimony. I a second motion to help you. I do. Thank you. Okay. Thanks Artie. All right. Put it to call the role please. Ms. Buckley. Speaker 0 00:15:36 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Blo? Yes. Mr. Heka? Yes. Mr. Bardo? Yes. And Chairman Cale? Speaker 1 00:15:51 Yes. Mr. Sullivan. We'll memorialize this at our next meeting and send it to you. Speaker 8 00:15:56 Okay? Thank you very much. Have a good night. Speaker 1 00:15:59 You too, sir. Take, thank you. Let's double back to item number five. It's discussion. The 91 dash ZB dash 56 V. Speaker 11 00:16:09 I'm dismissing you. Alright, Speaker 10 00:16:13 Thank you. Good evening Mr. Chairman. Members of the board. I was running in from another meeting that actually did not go off due to a lack of a quorum. So I'm happy to get back in time and I appreciate you circling back to me. I represent Mag Yard Bank. This is a discussion item and we appreciate your indulgence. It's property known as 1 71 Le Guard Street in Piscataway. The bank has owned this property since 2019. By way of some background, there was a prior property owner years ago that received a approval 1982 to conduct a landscape business out of this property. Received use variance from use variance approval from the board back in 1982. But he never had a site plan approval. So fast forward 10 years to 1992 Speaker 10 00:17:08 Certain conditions and then the applicant never fulfilled those conditions that actually went out of business. Cease o cease operations. That resolution of 1992 goes back some 32 years. It's my understanding that the property's been dormant for a period of time. The bank actually acquired this property from that landowner who went out of business years later. The bank is not in the business of owning properties and they're certainly looking to move the property on. And it's received some inquiries from parties that are seeking to go and revitalize, otherwise reopen the site for business operations. But we have this 1992 resolution that has certain conditions. So I'm before you this evening for two very specific items requesting that the board consider eliminating and rescinding two conditions of that 1992 resolution. One of those conditions, and I supplied a copy of the resolution to the board when I made this request, is a, is a timeframe condition. Speaker 10 00:18:11 The resolution in 1992 required that the applicant at that time fulfill all conditions by December 31st, 1992, or the approval shall expire. And I gotta believe the reason for that is was because the person was operating without a site plan approval. And when the board approved that they wanted the guy to move smartly and act quickly, that just didn't happen. But if that condition was eliminated, it would give the opportunity for someone else to come in and try to comply with the remaining conditions in order to fulfill them and otherwise move forward to reopen and operate the site. The other condition we're asking for relief from is condition C lighting. Now look, this goes back to 1992. It was a different time, but we're asking that the submission of revised plans for lighting be eliminated. The property does abut a neighbor, other neighboring residential properties. And it would be our position if we, this position could be eliminated. Speaker 10 00:19:09 It would minimize the potential for negative lighting and otherwise minimize the perceived presence of business operations at this property, which is kind of a long residential area. Now, if the board were to look favorably and rescind these two conditions, that would've no impairment on the rest of the resolution. And anybody that would come in to try to utilize the site would have to comply with all the other resolution requirements of that 1992 rel resolution or they wouldn't be able to move forward to operate. So, but if they're eliminated, I think it presents an opportunity for someone to come in and reopen the site and fulfill, fulfill those conditions by a new owner. And of course, if this property becomes active again, gonna get spruced up, revitalized some much needed maintenance and repairs that a typical operator that would engage in and would also, I think, provide an improved tax rateable for the municipality. And at the same time, also reopen or bringing a new business to the property for the benefit of the community as a whole. So that's really our request before you as the discussion item. And if there are any questions or comments, I would invite them now and we appreciate your consideration of this request. Speaker 1 00:20:31 I would defer to John Chadwick if you had any concerns or questions. John, my Speaker 2 00:20:34 My first question would be really, I guess a question to Jim, is this variance still alive on this property if they didn't comply with certain timeframes that were set forth in the 92 resolution? Doesn't this expire? Speaker 4 00:20:58 If the board eliminates that condition, then that takes care of the expiration. Speaker 2 00:21:03 Okay. But we still don't have a site plan. Speaker 4 00:21:08 No. If anybody wants to come in and operate there, they're still gonna have to have site plan approval Speaker 2 00:21:14 And fulfill the remaining, the use vari the use variance for a landscaping business is vested. Speaker 4 00:21:20 Yes. Speaker 2 00:21:21 If, if we eliminate the timeframe, Speaker 4 00:21:24 Yes. Speaker 2 00:21:24 But they can't do anything until they get a site plan. Speaker 4 00:21:27 Correct. Speaker 2 00:21:29 Those are the questions I have, Mr. Chairman. Speaker 1 00:21:33 Thanks John. Appreciate it. Any other members of the board have any questions or comments? Do I have to open it to the public? Jim, Speaker 4 00:21:42 You, you should. Speaker 1 00:21:43 Okay. At this point I'll open it to the public for any comments or questions about this discussion. Ms. Buckley? Speaker 0 00:21:52 No. One Chairman. Speaker 1 00:21:54 Okay. Close the public portion. I'd make a motion to rescind the two conditions. Can I get a second? I'll second it. Okay. Please call the roll. Speaker 0 00:22:04 Mr. Weisman? Speaker 4 00:22:06 Yes. Speaker 0 00:22:07 Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio. Hey Adam? Yes. Thank you Mr. Blo. Okay, we're almost over there. Mr. Blo? Yes. Mr. Hika? Speaker 1 00:22:27 Yes. Speaker 0 00:22:27 Mr. Mitterando? Yes. And Chairman. Cahill? Speaker 1 00:22:31 Yes. Speaker 4 00:22:33 Thank you. A resolution Mr. Morriss. Speaker 2 00:22:36 Very welcome. Speaker 4 00:22:37 Thank you. Speaker 1 00:22:38 Have a good night, sir. Have a good Speaker 2 00:22:40 Night Speaker 0 00:22:40 Everyone. Have a good night, Mr. Morriss. Thank Speaker 1 00:22:42 You. Let's move on to item number 10, the adoption of the resolutions from the regular meeting of January 25th, 2024. Speaker 4 00:22:48 First resolution is Rolando Solis, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Mitterando? Yes. Chairman. Cahill? Speaker 1 00:23:04 Yes. Speaker 4 00:23:05 Next resolution is N-Y-S-M-S-A, Verizon Wireless, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Chairman. Cahill? Speaker 1 00:23:23 Yes. Speaker 4 00:23:23 That's all the resolutions that I have this evening. Speaker 1 00:23:26 Okay. Item number 11, adoption of the minutes from January 25th. 2024. All in favor say aye. Aye. Aye. Aye. Item number 12, notice of adjournment. All in favor say A. A. Aye. Aye. Aye. Aye. Alright guys, thanks once again. Great job, job. Thanks for coming out, for participating and we'll see you. And then, what is it? The next lure? March 28th. When's the next meeting? Two weeks. March 28th. Okay. See you guys. A great job, Jim. Have a good evening everyone. Have a good.