Transcript for Piscataway Zoning meeting on June 13 2024

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Jun 13 2024 · Zoning
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Meeting Sections
  • 00:00:00 — Opening: Roll Call & Pledge of Allegiance
  • 00:00:59 — Agenda Adjustments & Postponements
  • 00:01:31 — 24-ZB-13V: Christopher Rolls - Mini Split Installation Variance 24-ZB-13V
  • 00:06:00 — 24-ZB-24V: Ikenna Ozzi - Fence Installation for Child Safety 24-ZB-24V
  • 00:18:34 — 24-ZB-27V: Verizon Wireless - Antenna Replacement & Equipment Addition 24-ZB-27V
  • 00:22:45 — 24-ZB-25V: David Richardson - Fence Installation with Pre-Existing Shed Relief 24-ZB-25V
  • 00:34:03 — 24-ZB-26V: Mario Ojeda & Viviana Ojeda - HVAC System Side Yard Encroachment 24-ZB-26V
  • 00:37:56 — 24-ZB-17V: HC Enterprises Management - Single-Family Home Lot Width & Front Yard Variance 24-ZB-17V
  • 00:48:49 — 24-ZB-08V: Arvin Patel - Single-Family Home on Non-Street-Fronting Lot 24-ZB-08V
  • 00:54:07 — Adoption of Resolutions from Previous Meeting
  • 00:54:55 — Adoption of Minutes & Adjournment
Opening: Roll Call & Pledge of Allegiance AI  00:00:00 – 00:00:47
Meeting called to order with notice provided. Board members called to roll. Pledge of Allegiance recited.
Speaker 0All right, chairman, we're ready to go. Thank you, George. You got
Speaker 1It. 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 Coer News notice published in the bolt on the Bolton Board in the municipal building Notice made available to the township clerk notice sent to the Coer News and Star Ledger. Will the clerk please call the roll?
Speaker 0Mr. Tillery? Here. Mr. Weisman? Here. Mr. Patel? Yeah. Here. Kalpesh. Mr. Here. Mr. Mitterando? Here. Mr. Dear and Chairman Cale Here,
Speaker 1Will everyone please stand for the salute to the flag flag.
Speaker 2The United States of America, which stands?
Agenda Adjustments & Postponements AI  00:00:59 – 00:01:25
Mr. Kinneally announces one change: the application of Chris B. at 1120 Eva Street will be carried to July 11th without further notice.
Speaker 1Mr. Kinneally, are there any changes to tonight's agenda?
Speaker 3There is one change to tonight's agenda. The application of Chris be 1120 Eva Street will be carried to the July meeting without further notice. Can I have that date please?
Speaker 0I can't hear you, Jim. The date? I have the date. July 11th.
Speaker 3July 11th.
Speaker 0July 11th. Yes.
Speaker 3Application will be carried to July 11th with no further notice. Those are all the changes that I have.
24-ZB-13V: Christopher Rolls - Mini Split Installation Variance 24-ZB-13V AI  00:01:31 – 00:06:00
Applicant seeks variance to install a second mini split HVAC unit for energy efficiency; first unit was permitted, but second unit was inadvertently omitted and requires variance. Applicant presented photos showing visibility from neighbor's driveway (approximately 35 feet away) and noted the unit operates at ~55 dB, quieter than window air conditioners. Neighbor did not voice concerns. Application approved unanimously (7-0).
Speaker 1Thank you, Mr. Kinneally. Let's move on to item number 5 24 dash ZB dash 13 V. Christopher Rolls.
Speaker 2Hello? Hi. Can you hear me?
Speaker 3Yes, sir. I need to swear you in. Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?
Speaker 2Yes, sir.
Speaker 3Explain to the board why you're here. You can put your hand down. Okay.
Speaker 2I'm here because we want to install mini splits in order to save energy and become more carbon neutral. And we, we are really into that. And then, so we started this by putting in a permit to put in mini splits. And we, we did the, we did them. And then we realized when I called for inspection that I only had put down on the original permit one instead of two. So when they asked me for details on the second one, I gave them the details and they said, you need a variance for that. So, so that's why I'm here. So, so it it is already installed. Sorry about that. So this unit, I think, I don't know what copies you have, but I don't know if I can share my screen and get to the pictures that I prepared. I don't, I, I don't see them here, but I had them all ready to go, but somehow they're not here right now. Anyway, I'll, I'll get back to this. So, so I, I could send the photos in order to put them onto the record, if you like. The photos show that from the street. Well, yeah, that, that, that, that
Speaker 0View. Yeah. Everything you gave us, Chris, we gave to the board.
Speaker 2Yes. Yeah, that, that, that, that's a closeup view. And then I just took some pictures from the street and from my neighbor's, Dr. Driveway, and it is approximately 35 feet from his house. There is a lot of bushes in between, but it is visible from his house. It's very quiet. The specs on this say that it shouldn't be louder than 55 db, which is basically conversation noise. It's much quieter than the three window air condition, air conditioners that we would've had on that side of the house in normal years. So it's, I think it's an improvement in terms of noise when it comes to that, that kind of thing. It's also very energy saving. And so that's, I think a plus for everybody.
Speaker 1Christopher, did your neighbor voice any concerns when he No. Was he aware of the situation?
Speaker 2I, I, I speak to him often. He, he never voiced any concerns. I tried to get him to come to the meeting, but he travels a lot. And so he wasn't a able to come, if you'd like, I could ask him to prepare a statement and, and he could, he could, he could pur prepare that and s send it in. We could have it notarized or whatever.
Speaker 1I, I don't know if that'd be necessary. I think, I think quite honestly, he had, he had concerns. He would be on this call tonight, whether he is in town or traveling, it's just a matter of a phone call. So when we go to the public portion, if anyone has concerns, we can entertain that at that time. Mr. Chadwick, did you have any concerns that you wanted to address?
Speaker 4No. No. Most of the list of variances are all preexisting. The retaining wall that's brought up is maybe 18 inches high. Okay. And it's just a front yard.
Speaker 1Gotcha.
Speaker 4Landscape.
Speaker 1Okay. Any other members?
Speaker 2Sorry, sorry.
Speaker 1Yeah, I can expedite this, Chris, at this point, don't let is better. Okay. Any other members of the board have any questions or comments about this application? Hearing none, I'm gonna open it to the public. Anyone in the public have any comments or questions about this application? Ms. Buckley?
Speaker 0No one. You could raise your hand on the bottom of your computer if you have any questions. No. One chairman.
Speaker 1Okay. Close the public portion and I'd make a motion to approve this application.
Speaker 0I a second,
Speaker 1Please call the roll.
Speaker 0Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Mitterando? Yes. Mr. Riley? Yes. And Chairman Cahill?
Speaker 1Yes.
Speaker 3Your application has been approved. We will memorialize it in a written document at our next meeting, and we'll send that document to you. Thank you very
Speaker 4Much.
24-ZB-24V: Ikenna Ozzi - Fence Installation for Child Safety 24-ZB-24V AI  00:06:00 – 00:18:34
Applicant seeks variance for 6-foot solid fence along Crestwood for child safety and animal protection, with existing front shed to be concealed. Board staff recommended 4-foot fence with 50% open design per ordinance; applicant preferred solid fence citing children ages 4-13 and concerns about road safety. After board discussion offering compromises (wire screening, landscaping), applicant requested two weeks to consult planning department on alternatives. Application carried to June 27th without further notice.
Speaker 1Have a great night, sir. Have a good night. Let's move on to item number 6 24 dash ZBE dash 24 V. Ikenna. Ozzi.
Speaker 3No, I'm, I think you're, there you go. Yes,
Speaker 5I'm here. I'm here. Good evening everyone.
Speaker 3Good evening. Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?
Speaker 5I swear.
Speaker 3Your name and address please. You put your hand down.
Speaker 5My name is Ikenna Ozzi. My address is one Azalea Place, Piscataway, New Jersey 0 8 8 5 4.
Speaker 3Thank you. Could you explain to the board why you're here?
Speaker 5I am here because I'm looking to install a fence, a barrier around my property here in Isaiah Place because my children play outside and they've been, there's, there's been a lot of movement along the road. We can't guarantee that they will be safe without some kind of barrier around the house. And that's why I'm making this application. There's also, when, when we bought the house, there was a shed that was there before we bought the house, but I believe if we put the fence around the house, we'll be able to cover the shed and that should take care of that.
Speaker 1Mr. Chadwick?
Speaker 4Yes, there's a report that makes comments in terms of site impact. Ma'am, have you seen this report? It's, it's, it's dated May 14. Did you, did you see it?
Speaker 5Is that question for me or for someone else? It's
Speaker 3For you.
Speaker 4For you, yeah.
Speaker 0The staff report? Yeah. He, he saw it. He came in with it and had some questions.
Speaker 5'cause I got, yes, I got the memorandum that I was asking that I got the memo.
Speaker 4There's a bunch of recommendations. Can you agree with those or not?
Speaker 5I don't.
Speaker 4All right. Explain what, let's do number one. Okay. The existing shed, it should, it recommends it be relocated from to the rear or side property line. Are you're not willing to do that?
Speaker 5Well, the ex, the existing shed is there, was there before we bought the house. And I believe if we put a fence, a barrier around the house, it will cover the shed from being visible from the outside. So I believe putting up a fence should take care of the, of the shed itself. Actually, we
Speaker 4Using it. Let's go, let's, let's go and deal with the fences then and see, see if your comment makes any sense. The next one is item two is the fence along Azalea place should be moved to in line with the existing principal building. And your comment on that is,
Speaker 5My comment is I'm looking to, on a place I can lower the fence from a six foot barrier to a four feet so that it does, so that it complies with some of those recommendations. But I it would be,
Speaker 4It would be 50% open, either be a picket or rail or one of the, some of that sort. Is that correct? I
Speaker 5Don't, I don't have, I don't plan to make it 50% open, but if the board recommends that, I will consider that at the, at this moment, however
Speaker 4It's required by ordinance, I think you should comply with what that recommendation is.
Speaker 5Okay. I can go with, I can go with a 50% op open fence in, in the front side of the Azalea place.
Speaker 4And can you do that along Crest Crestwood
Speaker 5Don't
Speaker 4As well? I don't, I don't,
Speaker 5I don't plan to do that along Crestwood because that will be, that will provide the barrier for the shed system shed and it also pro provide protections for my kids who
Speaker 4Four foot high fence. How big are these kids? How old are they? Well,
Speaker 5I have a 6-year-old David who is very, very active. I have a 4-year-old and a 13 and a 12, 13-year-old boy.
Speaker 4Okay. And the four foot fence you don't think will be adequate?
Speaker 5It wouldn't be adequate or for the, you think the
Speaker 4Six they kick, why would the six fence foot fence be adequate?
Speaker 5They kick the ball over the fence and you see them running across the road and that would defeat the purpose of the fence itself.
Speaker 4Yeah, I I, I hear what you're saying, but I just don't think the ball leaving the yard, four foot fence or a six foot fence is gonna make a lot of difference. I think you ought to reconsider the recommendations to keep uniformity so that your front yard looks, doesn't have one type of fence on one side of the street and another type of fence on the Hosea side. I just don't think that's appropriate and it doesn't meet the ordinance as well. So you are, you are offering to meet or substantially meet the ordinance by doing a four foot eye fence that would be 50% open. How you choose the design is up to you. Can you agree with that?
Speaker 5Well, I really like to, I would love to agree with you, but the, the ma the major reason why I'm appearing before the board today is because I'm looking to have a, a private, not just privacy, but protection for these children. 50% open in the Crestwood along the Crestwood area will not pro provide the protection that I'm looking for for this, for my kids. 'cause I know how busy and how active they can be. And I know my David can slide through the fence and get into trouble. And that's the reason why I'm asking for a variance here.
Speaker 4Well, you, your alternative to provide the privacy is to install landscaping. The fence item in terms of safety, you could put six foot high fence in conformance with the ordinance on this property. And there isn't any reasons that you've stated that you couldn't do that. The board is offering a alternative, and I suggest you consider it
Speaker 3Mr. Ojas, you have to provide legal proofs that support your ask your request for variances. You have not provided any of those legal proofs. Putting a fence in for the safety of your children is not one of the legal proofs. So if you were to ask this board to vote on this as the board lawyer, I would have to tell them that there is not sufficient evidence to grant this variance. The board has offered you a compromise,
Speaker 1Mr. Os, if you were to go with the, if you were to go with the forefoot and you're concerned about anything getting in whether deer or, or kids or balls getting out, you could put deer fencing, which is a, a, a clear, it's a mesh that could go on the fence itself would prevent animals from getting in, not jumping over, but getting through. And it would be a deterrent to your child to get, you know, you'd have to actually peel and break through the fencing at something you might wanna think about. But I, I, I agree with Mr. Kinneally. I don't think we're gonna be able to support a six foot solid fence along Crestwood.
Speaker 5Well, I'm willing to go with a four foot solid fence along Crestwood if the board would allow it so that I can make sure that I have sufficient protection for my kids' safety and also protection from the incoming animals that come from the back of that area. And that's really my, what I'm requesting and is really my home board request. If the board will grant it.
Speaker 0Mr. Cahill, the staff report recommends a six foot fence at 25 feet. He has a 40 foot setback.
Speaker 1Yeah, that's gotta be changed as well.
Speaker 0Yeah. Unrest one.
Speaker 1Yeah. John, what do you think?
Speaker 4Well, I think the open aspect of the fence is important and she wants to solve the, the way of dealing with the open aspect of the fence is simply with a wire or a plastic that can be attached to the fence will stop any animals.
Speaker 1That's what I recommend as well. Yeah.
Speaker 4So I I don't recommend you grant the four foot solid. I think it should stay 50% open. I think the compromise is substantial compared to what the ordinance requires. She has the OP option as well is put landscaping in, in terms of privacy. Sure.
Speaker 1Mr. OEMs, I would take a minute, couple of seconds there. Try and think if you can do, if you can deal with what we're offering as a compromise. If not, then I'll put it to a vote after we have the public portion, obviously.
Speaker 0Mr. Mr, Mr. Chairman, I apologize. Can you just, what exactly are you offering him? Because there's been so much back and forth. I, I
Speaker 1Apologize.
Speaker 0Yeah, my notes,
Speaker 1I think we're, we're offering a four foot 50%,
Speaker 0But he doesn't need a variance then that's what's permitted then he doesn't need then there's no reason for him to be here. Okay. No, I'm just, that's what I'm asking.
Speaker 1Based on te John's testimony, I thought that that would be appropriate for the, at least Crestwood because he already offered to do it along Aza. So
Speaker 0Can he do like a board on board? Maybe like a shadow box. Mr. Chadwick
Speaker 4A four foot high on a board on board just is not attractive. It needs the height. It's an alternative, but I I just don't think it would be very attractive
Speaker 1Mr. OEMs. What I could do is put this application off, give you an opportunity to come into the town hall and discuss it with, you know, some of the people there to give you better options. If this is too much, you know, to, to grasp around tonight, you know, you know, a couple of minute meeting. Otherwise, I, if I do put to a vote, I can pretty much guarantee you it won't be a favor one.
Speaker 0Yeah, Mr. Chairman, I can put him on the 27th.
Speaker 4I why don't why Ms, why don't you go and meet with the people in the planning department in town Hall? I think you probably, there's other options that can be discussed. I think the one that we just discussed now made sense, but doesn't mean it has to be. And I think you do yourself a good service just taking a few weeks to come back with an alternative.
Speaker 1I'll take, it's two weeks. I'll
Speaker 5Go.
Speaker 1You want me to, we'll put this off till the 27th of June and you'll come back after you've discussed with the planning board. What, what do some options and alternatives.
Speaker 5Unfortunately, 24th of June I'll be out of town. Would that be a Zoom 27th of June? Would that be a Zoom meeting or in person meeting?
Speaker 1Zoom? No, it'll be Zoom.
Speaker 5Okay. I would, I'll do that.
Speaker 1Let's do that. Okay. Laura, Jim. Okay. So
Speaker 3Anybody here seventh here on the Ozzi application, one Azalea Place. It is being adjourned until June 27th with no further notice by the applicant.
Speaker 1We'll see you in two weeks, Mr. Ozzi.
Speaker 5Thank you so much.
Speaker 1No problem. Take care.
Speaker 5Bye-Bye.
24-ZB-27V: Verizon Wireless - Antenna Replacement & Equipment Addition 24-ZB-27V AI  00:18:34 – 00:22:45
Verizon seeks to replace one antenna with two antennas at 251 Circle Drive North and add equipment cabinet, with antenna height increasing 4.4 feet. Attorney cited federal law (Section 6409a of 2012 Middle Class Tax Relief Act) requiring approval for non-substantial wireless carrier changes. Board conditioned approval on RF compliance report and structural engineering report. Application approved unanimously (7-0).
Speaker 1So move on to item number 7 24 dash ZB dash 27 v Verizon Wireless.
Speaker 8Evening, Mr. Chairman members, the attorney with price meet Schulman and dear,
Speaker 1Is anybody else losing audio?
Speaker 3Yeah, Mr. Purcell, your audio is fading out
Speaker 1Still no go.
Speaker 8Okay,
Speaker 3Mr. Purcell, it looks like you're muted.
Speaker 8Is this better?
Speaker 1Is this better? Yes, it's much better.
Speaker 8Okay, good. All right. I think it was 'cause I was using the standing desk. All right. My name's Ed Purcell. I'm an attorney at Price Me Schulman and Arminio here tonight on behalf of Verizon Wireless. Verizon has an existing base station that means they have antennas on a building at 2 51 Circle Drive North. That's block 43 0 2 lot 11.01. We're here tonight because Verizon requested a zoning permit to replace one antenna on top of that building with two antennas. And to do some, add some additional ancillary equipment at a add an equipment cabinet, the zoning officer directed us to the zoning board for an interpretation. So we're here, basically, and we've discussed this before, there's a, a federal law section 64 0 9 a of the 2012 Middle Class Tax Relief Act, which states that when a wireless carrier is proposing to add an, an antenna or co-locate or revise its equipment, as long as it's not a substantial change, the application has to be approved and can't be denied. So that's what this is. It is not a substantial change. So pursuant to the zoning officer's request for an interpretation, we would request that the zoning board direct the issuance of a zoning permit for this change, which it is non, which is not, not substantial.
Speaker 3Mr. Purcell, was the original antenna placed with all zoning board approvals?
Speaker 8Yes, it was.
Speaker 3Okay. Are you increasing the height of the antennas?
Speaker 8The height of the antenna is increasing slightly by roughly 4.4 feet, but that's within the amount permitted by the federal law.
Speaker 3Are you changing the equipment base?
Speaker 8The equipment base is not, no, we're not.
Speaker 3And have you supplied or will supply the RF report showing that the new antennas will comply with the federal regulations?
Speaker 8We will provide that as a condition of approval.
Speaker 3And how about a structural report indicating that the building can support the new equipment?
Speaker 8We will stipulate to that too.
Speaker 3Okay. That's all that I have, Mr. Chairman.
Speaker 1Thank you, Jim. Any other, any other members of the board have any questions, comments?
Speaker 4Just one thing. Prior conditions of the approval, Jim should carry onto this, correct?
Speaker 3Yes.
Speaker 4Good.
Speaker 1Any other members of the board have any questions or comments? Hearing none will open it to the public. Anyone in the public have any questions or comments about this application?
Speaker 0No. One chairman.
Speaker 1Okay. Close the public portion. I'd make a motion to approve this. Can I get a second? I'll second please. Full roll.
Speaker 0Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Mitterando?
Speaker 1Yes.
Speaker 0Mr. Elli? Yes. And Chairman Cahill?
Speaker 1Yes.
Speaker 3Mr. Purcell, we'll memorialize this at our next meeting.
Speaker 8Thank you very much. Have a nice evening. You too
24-ZB-25V: David Richardson - Fence Installation with Pre-Existing Shed Relief 24-ZB-25V AI  00:22:45 – 00:34:03
Applicant seeks variance to install fence alongside garage to screen backyard after removing dead trees, and relief for pre-existing non-conforming pool shed (concrete foundation, built in 1950s). Staff recommended fence alignment to garage corner with evergreens, set back approximately 30 feet from street. Applicant agreed to all staff recommendations after clarification of fence location. Application approved unanimously (7-0) with amendments.
Speaker 1Night, sir. Thank you. Move on to item number 8 24 dash CB dash 25 V. David Richardson.
Speaker 3Mr. Richardson, are you present?
Speaker 9Yes, sir. Sir,
Speaker 3Could you raise your right hand? Do you swear the testimony you're about to give be the truth? So help,
Speaker 1You're muted, sir.
Speaker 3Mr. Richardson, you're muted.
Speaker 0There
Speaker 1You go. There you go. There you see Doug, can you hear me? Yes.
Speaker 3Mr. Richardson, could you explain to the board why you're here?
Speaker 9I, I can't hardly hear you, sir.
Speaker 3Can you explain to the board why you're here?
Speaker 9Oh, yes. I want to erect a fence alongside of my garage. I have recently cut down some dead trees and as a consequence of it, it it, my backyard is, you know, you can see my, my backyard from the street. And so I like to do something to deal with that issue.
Speaker 4Mr. Chadwick? Yes. Can you shine in Mr. Richardson, did you see this staff report dated May 20th?
Speaker 9Yeah.
Speaker 4Okay. Can you comply with those recommendations or do you want to discuss them?
Speaker 9I are you referring to can you, can you point to which ones in particular?
Speaker 4Sir, let's start with number one. There a accessory structure that wasn't shown in the survey and the recommendation is to be moved at least eight feet from a property line. Can you do that?
Speaker 9I can't do, let me, let me give you a little background. As you probably know that that pool was, was put there in the fifties. You probably know. Yeah. And I, and when I moved in 2002, that structure was there. So I can only imagine it was there a lot longer. So I come to love that structure. I didn't put it there. So
Speaker 4Is it on a concrete base?
Speaker 9Excuse me?
Speaker 4Is it on a concrete foundation?
Speaker 9Yes, it's, yes. It's
Speaker 4What is separating that accessory structure from your neighbor?
Speaker 9A a stone wall.
Speaker 4Any vegetation along it?
Speaker 9No sir.
Speaker 4The picture that you provided, is that the stone wall in the background?
Speaker 9Yes sir.
Speaker 4And your neighbor's deck is in further in the background, correct?
Speaker 9Yes, sir.
Speaker 4Does appear to be some vegetation I'll let the board decide on that. The next item was the existing pool. We all know it's in non-conformity. It is simply a comment if, if and when the pool is replaced, it would be done in conformance rezoning. I don't think you need to respond to that. There's a fence in the front yard and they're recommending re realignment with the corner of the garage with some evergreens. Are you capable of doing that?
Speaker 9I would ask, is it, is it necessary to do that or can I Yes. Did we
Speaker 4Answer
Speaker 9Necessary?
Speaker 4Yes. The comments weren't made lightly made in consideration of your proposals. So if you can do that, I think we're done
Speaker 9As well. I'm referring to the other, sir, there's another issue. That's not the only fence that we're talking about. I'm not sure if you're aware of that.
Speaker 4Explain.
Speaker 9There's a fence that we're proposing on the other side of the, of my garage that defense an issue.
Speaker 4Okay.
Speaker 9It should be outlined on the survey before you, I I, where you see my garage,
Speaker 4I'm looking at, I'm looking at the survey right now. The survey was adjusted by someone to show the shed, which wasn't included in the original survey. And you're saying a shed, the shedd, the fence, the fence that is referred to in the report is recommended to be at the corner of the garage, which would block the view from Bay Street to the pool and backyard area. And are you agreeing to that or not?
Speaker 9Excuse me, I'm sorry. Say that one more time. The,
Speaker 4Are you agreeing to that location?
Speaker 9Yes. Yes. Okay. Yes I am.
Speaker 4Alright, that's all we need to do. Okay. That's fine. So item one was left up in the air somewhat the, we don't have any pictures of what this accessory structure looks like. I mean, is it in good shape? Yes.
Speaker 9Are you referring There's pictures, Joe, I'm little bit confused.
Speaker 4Item number one we pushed aside for the time being. Right. We gotta get closure here and
Speaker 9Right. I, okay.
Speaker 4And I a answer the question. You said the shed's on a concrete foundation, obviously that's part can't be readily the other issue. Okay.
Speaker 9You're calling,
Speaker 4Lemme finish. The other would be whether the shed is in good shape or is dilapidated and it should be taken down now, which case is it?
Speaker 9It's an excellent shape.
Speaker 4Okay, fine. And leave it at that. And you show that there is a wall of vegetation between it and, and your neighbor?
Speaker 9Yes.
Speaker 4Okay. I think all the questions in the township been addressed. Mr. Chairman? No.
Speaker 9No. Okay. Thanks.
Speaker 4Huh?
Speaker 9We're not finished. I'm tell him we wanna put up a, I wanted to put up a new fence where my garage, excuse me.
Speaker 4I think we're aware of that.
Speaker 9Right. But I, I'm, I'm not sure if we came to a resolution about that yet. Have we? I haven't heard you guys,
Speaker 4You said you could agree with the relocation of that fence and align it with a car garage. We're not concerned about the other side. Not concerned. There is
Speaker 9No fence. There is no fence, sir. Up yet. There is nothing there that I want to be able to put a fence there.
Speaker 4Okay.
Speaker 9That was the purpose that I came to you guys. I want, I want, you know, a okay to do that, a permit to do that. There's nothing there. Now
Speaker 4We understand that, but where you were, okay. Proposed where you were proposing it, the staff's report Yes. Is to align it with the garage. Meaning instead of having it parallel to the front of your building, your home, it will, it will come back, be perpendicular to your side property line. That little kind of pie shaped area that goes into your front yard is the very right. By moving it back then you can have, have the same privacy you talked about. And I don't think it makes a whole lot of difference in terms of usable area.
Speaker 9Question, question. One more. One question, sir. From the street, from the curb. I i it, my proposal was 21. What are you saying? I could do the 21.
Speaker 4Do do you see the dotted line that has the dimension? 34? Yes. Six, three feet. If you put the fence along that line, that's what the report is recommending. So there's a small area that would not be enclosed by the fence that you could see like a little triangle area that's formed by that dimension line and where you are drawing the fence.
Speaker 9Okay.
Speaker 4I, I believe that's a pretty, I believe that's a pretty good compromise with all the other things.
Speaker 9Okay. I'm okay. I'm, I'm, I'm, I'm sorry sir. Just one more time. I'm just sorry. I just, I'm just a little confused when you say along the garage, I just need to know from the one you said from the, from south 1 6, 6 3 6 east, from that point forward, I mean back, how far can I go from that point? From the street. From the street. That's what I want to know.
Speaker 4I'm trying to follow your question. Start again. The report is recommended that you place this new fence. Yes. Where the dotted line and the dimension of 34. I'm sorry, 34.63 feet. That would be the location of the fence. It would be 40 feet. It be roughly 30 feet from the street. Okay. I gotcha. Okay. We okay with that? I, yes sir. Okay.
Speaker 1Alright. Any other members of the board have any questions? Hearing none, I'm gonna open it to the public. Anyone in the public have any questions or comments about this application?
Speaker 0No one should.
Speaker 1Okay. Close the public portion and I'd make a motion to approve the application where Mr. Chadwick told the applicant. Can I get a second?
Speaker 0I second
Speaker 1Please Call the roll.
Speaker 0Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Mitterando? Yes. Mr. Ley? Yes. And Chairman?
Speaker 1Yes.
Speaker 3Mr. Richardson, your application as amended has been approved. We will memorialize it in a written document at our next meeting and will send that document to you.
Speaker 1Thank you sir. Good evening.
Speaker 4You too.
24-ZB-26V: Mario Ojeda & Viviana Ojeda - HVAC System Side Yard Encroachment 24-ZB-26V AI  00:34:03 – 00:37:56
Applicants seek variance for minor side yard setback encroachment of HVAC system on newly constructed home at 147 Montgomery Street; encroachment was inadvertent during installation. Attorney noted HVAC units are not commonly understood to count toward setback requirements. Applicants agreed to install fence screening to obscure HVAC unit within 30 days pending township field inspection. Application approved unanimously (7-0).
Speaker 1Let's move on to item number 9 24 dash ZB dash 26 V, Mario ODA and EDA Viviana Lela de Ojeda.
Speaker 11Good evening. Members of the board, board professionals. My name is Tim Arch. I'm an attorney licensed in the state of New Jersey. Can everybody hear me?
Speaker 3Yes sir.
Speaker 11I'm here representing the Ojeda family for a property located on 1 47 Montgomery Street. You may remember the Ojeda, you were gracious enough to allow them to build their dream home here in Piscataway a little while ago. They have finished construction of that home. It is gorgeous. They love living there inadvertently. And unbeknownst to them when they put in their HVAC system, they did not realize that that also included or was also counted towards a side yard setback. So the building itself meets the side yard setback. However, they did put in their HVAC system and so that does encroach into the side yard setback. And so because of that, we're back in front of you again to ask if we can have relief for that minor encroachment onto the side. We did get recommendations from the, the staff to screen that there is a fence permit that the OHS have already put in for that is gonna go along the side of the home.
Speaker 11And there's gonna be a gate that goes across that we believe is going to completely obscure the view of the HVAC system on the side from the street. However, if the township feels that additional screening is necessary when they come and inspect for the co, we are more than happy to add additional screening to that, to the, to the township standards. One of the questions of the report too was why can't we move it? Quite frankly at this point it's already been installed. It would be, it would require a lot of effort, money, time to, to now reroute everything. And we feel that it is really a very minor encroachment into the side. Again, it was done inadvertently. And, and as I think you can see from I think the first application that was here that a a lot of times people don't appreciate that an AC unit or a very small sort of accessory unit like that is counted towards those side yard setbacks. I do have the ODA family here, they are ready to testify if anybody has any direct questions for them. But quite frankly, I think we can adre agree with all the comments of the report. And they're available for questions if the board has any,
Speaker 1No, I don't think that's necessary right now. John, are we okay with just the screen?
Speaker 4I, the only thing I would do is I'd recommend that the application for the fence permit put a time frame for when it's installed.
Speaker 11Oh, I believe it's already being installed. I think it's eminent, so Oh, it's
Speaker 4In,
Speaker 11Yeah, I, I, i that the odos are nothing but very anxious to get everything complete.
Speaker 4So you can agree with that, that the bench would be installed within 30 days?
Speaker 11Absolutely. Or or if we wanna say screening will be installed within 30 days. Yeah,
Speaker 4Screening will be on field inspection.
Speaker 11That is perfectly acceptable.
Speaker 1Thank you Mr. Nothing
Speaker 4Else, Mr. Chairman.
Speaker 1Okay. Any other members of the board have any questions or comments? Hearing none, I'm gonna open it to the public. Anyone in the public have any comments or questions for this application?
Speaker 0No. One chairman.
Speaker 1Okay. Close the public portion and we are gonna get a approval from me. Can I get a second? I'll second please Call the roll.
Speaker 0Mr. Weisman?
Speaker 1Yes.
Speaker 0Mr. Tillery?
Speaker 1Yes.
Speaker 0Mr. Patel?
Speaker 4Yes.
Speaker 0Mr. Regio? Yes. Mr. Mitterando?
Speaker 1Yes.
Speaker 0Mr. Ellie? Yes. And Chairman Kale?
Speaker 1Yes. We'll memorialize this at our next meeting. Mr. Di,
Speaker 11Thank you so much.
Speaker 1Have a good night. Thank you. Thank you.
Speaker 0Thank you. Thank you very much. Have a good night.
24-ZB-17V: HC Enterprises Management - Single-Family Home Lot Width & Front Yard Variance 24-ZB-17V AI  00:37:56 – 00:48:49
Applicant seeks variances for single-family home at 1081 River Road (corner of River Road and Kroger Lane): minimal lot width deficiency (0.11 feet, de minimis) and front yard setback of 21 feet instead of required 40 feet on Kroger Lane. Engineer testified porch projects out to create the 21-foot setback; building envelope without porch would be 29 feet. Board recommended compromise of 25-foot setback with 3-foot landing and steps. Application approved unanimously (7-0) with compromise.
Speaker 1Let's move on to item number 1124 dash ZB dash 17 V HC Enterprises Management.
Speaker 11Good evening again. Members of the board, board professionals. My name is Tim March, still an attorney licensed in the state of New Jersey. I'm here representing HC Enterprises Inc. This is for a property located at 10 81 River Road. It's currently a vacant property. It's a corner property that's right on the corner of River and Kroger Lane. We are proposing to build a single family home, which is permitted there, but we do need some relief. One is a dimensional relief for the lot, which as Mr. Chadwick points out in his report, is quite di minimis. It is a essentially 0.11 feet deficient on the, the lot width. And then the other variance that we are requesting is a front yard variance for the, for the frontage on Kroger lane required is 40 Based on the, the design that we have, we have a, we are requesting a 21 foot front yard setback.
Speaker 11Mr. Chadwick in his report did indicate that, or just to explain that, that setback is really taken up by a porch that's on the front of the property. If you did away with the porch, the front yard setback would to the building envelope would be 29 feet. Mr. Chadwick had suggested that we eliminate that porch. Obviously we would like to keep it if the board is agreeable to that. However, if the board feels that we need to eliminate that front porch and reduce the setback back to 29 feet, we, we would agree with that. However, our preference would be to keep it, we would ask perhaps there would be some compromise where we could maybe make the porch a little less grand and so maybe compromise it may be 25 feet as opposed to the entire 29. But we can certainly get there when we're at the end of the application. I do have one witness tonight and that is Mr. Paul Fletcher. He is our engineer who will take us through the, the survey. And so unless there's any questions of me, we can, we can get to Mr. Fletcher.
Speaker 3Please proceed. Mr. Fletcher, please raise your right hand. Do you swear the testimony you're about to give should be the truth?
Speaker 12Yes, it will.
Speaker 3Thank you.
Speaker 11And your honor, or sorry, your Honor, I was in court this morning. Me, your
Speaker 3Honor. Any time ma
Speaker 11If I, if I may, I'm just gonna share my screen so that I can bring up the survey while Mr. Fletcher is, is giving his testimony
Speaker 3And I believe Mr. Fletcher has been accepted as an expert before this board on prior occasions. Thank you Mr. Kaley.
Speaker 12Thank you.
Speaker 11Alright Paul, I believe the, the survey is up, zoomed in on the home. If you want to just sort of give us a brief overview of, of what we're proposing and take it away.
Speaker 12Certainly the property is a corner lot. It's on the corner River Road and full lane. It's in the, I believe it's the R 10 zone. I just need to pull a copy of that up of my own screen so I can have a little bit better view. Bear with me one second.
Speaker 11Paul, would it help if I shop stop sharing? Am I, am I interrupting? So
Speaker 12No. Okay. Okay. I'm, I'm, I'm, I'm set now. I'm sorry. Okay.
Speaker 11That's okay.
Speaker 12Yeah, the property's in the R 15 zone subject property is 15,076 square feet. We required in the zone is, is 15,000 square feet, a minimum lot width is 100 feet minimum lot depth is 100. We actually have a lot width, slightly undersized and clearly de minis lot width of 99.89 because of the setbacks, the front setback being 40 feet, the side setback being T 10 rather. And the desire of the owner to face the property to, and I, I think you can understand why the, the topography does not lend itself to an entrance off River Road. Plus River Road is a very busy road. It's much safer coming in off of Side Street, Kroger. So to face the, the house to Kroger we're quite restricted in the depth of the house that we can provide being constrained by the 40 foot front setback and then the 10 foot side setback. So to put a, a modern home on the property to provide, you know, future homeowners with, you know, a adequately size for this market in this, this area of Piscataway we require, we certainly, we request variance relief for the front center to allow us to construct a slightly larger home.
Speaker 12It, it is a corner lot. I can assure the board that there's no impact on site triangles at the corner and it would certainly not impede the vision motorists on Kroger or River Road.
Speaker 11Thank you. Paul, real quick, just 'cause you're familiar with the, the area, the lot that's right behind I guess, or right to the left of our proposed building. That existing home is actually quite close up against the, the existing property line, is that correct?
Speaker 12Yes, it is. It's, it's about 10 feet off the, the common property line.
Speaker 11And, and in fact there's actually, I, I believe there's a brick patio that's actually technically encroaching into ards. So the proximity of that home being so close to our lot line and being non-conforming is also part of what is causing our home to, to really make more sense to, to push it a little bit forward into that front yard setback on Kroger. Is that correct?
Speaker 12That is correct. I would agree with that statement, yes.
Speaker 11Okay. And again, just to zoom in on the, the area that Mr. Chadwick was talking about, we are proposing a, oops, sorry, I'm hitting zoom out. That would be completely wrong. Okay. That porch area in the front, this is what is projecting out that causes that 21 foot setback to the road. Is that correct?
Speaker 12That that is correct.
Speaker 11Okay. And if we eliminated that, then we would have approximately 29 feet of setback to where the house is, correct?
Speaker 12Yes.
Speaker 11And from your perspective as a, as a civil engineer, in order to, to enter into that front area of the home, it would be quite frankly preferable to have some form of, of steps or some form of a landing there from your opinion. Would that be correct?
Speaker 12Yes, it would. Okay.
Speaker 11Maybe not as grand as the port that we're pre that we're presenting here, but maybe something that wouldn't be right up against the, the side of the house would be appropriate? Yes,
Speaker 12I I believe something that extended out at least three feet then steps from there would be appropriate and suitable for the home.
Speaker 11Okay. And so if we were to compromise at a, at approximately maybe a 25 foot setback, that could still accomplish that while not being as having the porch project out as far as that is correct?
Speaker 12Correct.
Speaker 11Okay. And we also got a report I believe from, from Mr. Herrera that had four comments on it. The first two comments had to do with grading on the site. You have no issue complying with those two comments, is that correct?
Speaker 12We do not.
Speaker 11Okay. And I believe the third comment was about installing the PVC conduit along the frontages and a lateral to the home. We have no objection to agreeing with that as well, correct?
Speaker 12That is correct. We would show those on, on revised plans should the the board see fit to grant this application.
Speaker 11Okay. And finally there is a note in there that there is a current moratorium on road opening on Kroger Lane. We are aware of that. That's until 2028. We are And just so that the board is aware, we're currently in talks with the administration to see if there's any way that we could enter into some sort of agreement to at least do a driveway cut to avoid that moratorium. However, it's what it's if we, if we have to wait until that time period in order to construct the house, we do understand that. But we just wanna put on the record that we're aware of that and we do under and we're trying to work with the administration to see if we can come to some compromise on that. I have no further questions of Mr. Fletcher. I'll stop sharing my screen now. Thank you. Is available any other members
Speaker 1Of John you wanna touch
Speaker 4Base? I think my report basically recommended some kind of compromise and I think that's a reasonable offer of three foot landing with some steps as opposed to it was quite a elaborate front door porch, whatever it was.
Speaker 1Okay. Any other members of the board of any questions or comments? Hearing none, I'm gonna open it to the public. Anyone in the public have any questions or comments about this application?
Speaker 0No one chairman.
Speaker 1Okay. I'm gonna close the public portion and I'd make a motion to approve this application with the compromise of the front board. I guess I second please call the roll.
Speaker 0Mr. Weisman? Yes. Mr. Tillery?
Speaker 1Yes.
Speaker 0Mr. Patel? Yes. Mr. Regio? Yes. Mr. Mitterando?
Speaker 1Yes.
Speaker 0Mr. Ellie? Yes. And Chairman Cahill?
Speaker 1Yes.
Speaker 3We'll memorialize this at our next meeting.
Speaker 13Thank
Speaker 11You so much. And for the record, I just wanted to say I'm a big fan of board on board fences, so I thought Laura's suggestion was quite nice.
Speaker 1Oh Laura,
Speaker 0Good idea.
Speaker 1Alright, thank you very much. Thanks. Lastly let's move on to Laura. Item 12.
24-ZB-08V: Arvin Patel - Single-Family Home on Non-Street-Fronting Lot 24-ZB-08V AI  00:48:49 – 00:52:41
Applicant (represented by family member) seeks variances for single-family home on non-street-fronting lot at 52 School Street—an unusual application type. Board required four items before proceeding: fire department letter confirming driveway adequacy for emergency vehicles, DEP permits for construction within 20 feet of stream (rip buffer concerns), title search documentation explaining lot origin, and verification of lot coverage calculations. Application carried to July 11th to allow time for documentation gathering.
Speaker 0Yes.
Speaker 124 dash ZB dash zero eight V Arvin Patel.
Speaker 3Is Arvin Patel present?
Speaker 13Yeah. No, he is not present. This is AIA Tucker. I'm representing Arvin Patel.
Speaker 3Are you an attorney sir?
Speaker 13No, I'm not an attorney. I am his family member. He, he was not able to attend the meeting. So we have the architect Marina Arina present on the call as well and I'm attending on behalf of him.
Speaker 3Okay, could I get your name again please?
Speaker 13Adia. A-D-I-T-Y-A.
Speaker 3Okay. I I have the application before me. We are not gonna hear from your architect tonight because we need some additional information before we can hear this application. This is a very unusual application. We don't get too many of these applications. We're seeking permission to build a single family home on a lot that does not front on a street.
Speaker 13Okay?
Speaker 3We will need a letter from the fire official indicating that your proposed driveway will be sufficient to allow emergency personnel and vehicles to reach the proposed new dwelling. In addition, you are proposing a new dwelling within 20 feet of a stream. We would like to see stone proof that you have DEP permits that permit this. Finally, when you, per, when the applicant purchased the property, they may have obtained a title search. If so, we would like you to supply a copy of the title search to the zoning board so that we can understand how this lot came into existence.
Speaker 13Okay?
Speaker 3Okay. And that's kind of a lot to comprehend and if you or the applicant want to contact me or Laura Buckley the secretary, we can provide that in needed information in writing to you so that you know exactly what we're looking for.
Speaker 13I will definitely be in touch with Laura tomorrow. Yes. Okay.
Speaker 4Can I interrupt one second. There's also the issue of not coverage doesn't seem to be finalized.
Speaker 3So John, are you saying that their calculations don't seem to add up?
Speaker 4There's a question raised on it. So amongst the other things somebody needs to verify.
Speaker 3Okay.
Speaker 0Calculation.
Speaker 3Alright. So we're gonna need to carry this matter to a future date. Some of the things that we've asked you for may take some time to obtain. So I recommend that we carry this to the July meeting. I think it's July 11th. Yes. And if you need additional time after that, just let us know and we can carry it again.
Speaker 13Okay? Yes. I just would like to point out that we did get the staff report and the item number one on the staff report, what the e was the easement. We did get the document detailing and documenting the easement into the property property. So now we will definitely, I'll, I'll reach out to Laura tomorrow and try to get this all in the right order. Thank
Speaker 3You sir. Okay. Appreciate it. So anybody here in the Arvind Patel 52 School Street application? It is gonna be carried to July 11th with no further notice by the applicant. Thanks again. See you on July 11th. Alright.
Speaker 13Okay. Thank you.
Speaker 0Chairman. We have someone raising their hand. Marina. Oh, I'm sorry. Hope she had a question on anything.
Speaker 4Hi Marina.
Speaker 14Hi. Good evening. I'm the architect working on this project. Is it possible to ask a couple of questions?
Speaker 3We're, we're not gonna hear this matter tonight. If you want to contact Laura Buckley or myself, you can ask those questions tomorrow.
Speaker 14Sounds good. Thank you. Okay,
Speaker 4Have a good evening.
Speaker 3Thank you.
Speaker 4I'll make one other comment and the stream issue may become much more complex than you. You wind up with what they call rip buffers on some of these streams and without the board knowing it, we could go through the application, have a long discussion about safety in terms of getting to and from the house, emergency vehicles and for not, because unless you have some kind of indication from DEP that they're gonna allow encroachment into these buffer areas, we, we would just waste the whole board's time.
Speaker 1Okay. Appreciate the heads up, John. Okay. Thank you. Okay guys, let's move on to item 13. Adoptions of resolutions from the regular meeting of May 23rd, 2024.
Adoption of Resolutions from Previous Meeting AI  00:54:07 – 00:54:51
Board adopted three resolutions from the regular meeting of May 23rd, 2024: approvals for UL Renoso, Mustafa Chi, and NBAD1 LLC applications with roll call votes on each.
Speaker 3First resolution, UL Renoso, which you voted to approve. Mr. Tillery?
Speaker 1Yes,
Speaker 3Mr. Patel. Mr. O'Reggio?
Speaker 1Yes.
Speaker 3Mr. Mitterando?
Speaker 1Yes.
Speaker 3Chairman Cahill? Yes. Next is Mustafa Chi, which you voted to approve. Mr. Tillery? Yes. Mr. Patel. Mr. O'Reggio?
Speaker 1Yes. Yes.
Speaker 3Mr. Mitterando?
Speaker 1Yes.
Speaker 3Chairman Cahill?
Speaker 1Yes.
Speaker 3Finally, NBAD one LLC, which you voted to approve. Mr. Tillery? Yes. Mr. Patel. Mr. O'Reggio?
Speaker 1Yes.
Speaker 3Mr. Blount. Mr. Mitterando?
Speaker 1Yes.
Speaker 3Chairman Cahill? Yes. Those are all the resolutions I have this evening.
Adoption of Minutes & Adjournment AI  00:54:55 – 00:55:15
Board approved minutes from regular meeting of May 23rd, 2024 by voice vote. Chairman thanked attendees and adjourned the meeting.
Speaker 1Good. Item number 14, adoption of the minutes from the regular meeting of May 23rd. 2024. All in favor say aye. Aye. Aye. Number 15, notice for the movement for adjournment. All in favor say aye. A Aye. Once again, thank you for coming out guys and ladies, see you in a couple weeks. Have
Speaker 4A good evening. Everyone. Care.