Transcript for Piscataway Zoning meeting on June 13 2024
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 00:00:00 All right, chairman, we're ready to go. Thank you, George. You got Speaker 1 00:00:02 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 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 0 00:00:22 Mr. Tillery? Here. Mr. Weisman? Here. Mr. Patel? Yeah. Here. Kalpesh. Mr. Here. Mr. Mitterando? Here. Mr. Dear and Chairman Cale Here, Speaker 1 00:00:39 Will everyone please stand for the salute to the flag flag. Speaker 2 00:00:47 The United States of America, which stands? Speaker 1 00:00:59 Mr. Kinneally, are there any changes to tonight's agenda? Speaker 3 00:01:03 There 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 0 00:01:17 I can't hear you, Jim. The date? I have the date. July 11th. Speaker 3 00:01:23 July 11th. Speaker 0 00:01:24 July 11th. Yes. Speaker 3 00:01:25 Application will be carried to July 11th with no further notice. Those are all the changes that I have. Speaker 1 00:01:31 Thank you, Mr. Kinneally. Let's move on to item number 5 24 dash ZB dash 13 V. Christopher Rolls. Speaker 2 00:01:40 Hello? Hi. Can you hear me? Speaker 3 00:01:42 Yes, 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 2 00:01:48 Yes, sir. Speaker 3 00:01:50 Explain to the board why you're here. You can put your hand down. Okay. Speaker 2 00:01:53 I'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 0 00:03:11 View. Yeah. Everything you gave us, Chris, we gave to the board. Speaker 2 00:03:13 Yes. 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 1 00:04:01 Christopher, did your neighbor voice any concerns when he No. Was he aware of the situation? Speaker 2 00:04:08 I, 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 1 00:04:25 I, 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 4 00:04:46 No. 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 1 00:05:02 Gotcha. Speaker 4 00:05:03 Landscape. Speaker 1 00:05:05 Okay. Any other members? Speaker 2 00:05:07 Sorry, sorry. Speaker 1 00:05:08 Yeah, 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 0 00:05:26 No one. You could raise your hand on the bottom of your computer if you have any questions. No. One chairman. Speaker 1 00:05:32 Okay. Close the public portion and I'd make a motion to approve this application. Speaker 0 00:05:36 I a second, Speaker 1 00:05:37 Please call the roll. Speaker 0 00:05:38 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Mitterando? Yes. Mr. Riley? Yes. And Chairman Cahill? Speaker 1 00:05:51 Yes. Speaker 3 00:05:52 Your 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 4 00:05:59 Much. Speaker 1 00:06:00 Have 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 3 00:06:08 No, I'm, I think you're, there you go. Yes, Speaker 5 00:06:13 I'm here. I'm here. Good evening everyone. Speaker 3 00:06:16 Good evening. Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth? Speaker 5 00:06:23 I swear. Speaker 3 00:06:24 Your name and address please. You put your hand down. Speaker 5 00:06:27 My name is Ikenna Ozzi. My address is one Azalea Place, Piscataway, New Jersey 0 8 8 5 4. Speaker 3 00:06:34 Thank you. Could you explain to the board why you're here? Speaker 5 00:06:38 I 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 1 00:07:18 Mr. Chadwick? Speaker 4 00:07:20 Yes, 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 5 00:07:42 Is that question for me or for someone else? It's Speaker 3 00:07:45 For you. Speaker 4 00:07:46 For you, yeah. Speaker 0 00:07:47 The staff report? Yeah. He, he saw it. He came in with it and had some questions. Speaker 5 00:07:50 'cause I got, yes, I got the memorandum that I was asking that I got the memo. Speaker 4 00:07:56 There's a bunch of recommendations. Can you agree with those or not? Speaker 5 00:08:01 I don't. Speaker 4 00:08:03 All 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 5 00:08:21 Well, 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 4 00:08:40 Using 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 5 00:09:03 My 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 4 00:09:17 It would be 50% open, either be a picket or rail or one of the, some of that sort. Is that correct? I Speaker 5 00:09:25 Don'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 4 00:09:35 It's required by ordinance, I think you should comply with what that recommendation is. Speaker 5 00:09:43 Okay. I can go with, I can go with a 50% op open fence in, in the front side of the Azalea place. Speaker 4 00:09:51 And can you do that along Crest Crestwood Speaker 5 00:09:55 Don't Speaker 4 00:09:55 As well? I don't, I don't, Speaker 5 00:09:57 I 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 4 00:10:09 Four foot high fence. How big are these kids? How old are they? Well, Speaker 5 00:10:14 I 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 4 00:10:23 Okay. And the four foot fence you don't think will be adequate? Speaker 5 00:10:28 It wouldn't be adequate or for the, you think the Speaker 4 00:10:32 Six they kick, why would the six fence foot fence be adequate? Speaker 5 00:10:36 They 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 4 00:10:43 Yeah, 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 5 00:11:36 Well, 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 4 00:12:15 Well, 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 3 00:12:49 Mr. 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 1 00:13:18 Mr. 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 5 00:13:56 Well, 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 0 00:14:22 Mr. Cahill, the staff report recommends a six foot fence at 25 feet. He has a 40 foot setback. Speaker 1 00:14:29 Yeah, that's gotta be changed as well. Speaker 0 00:14:33 Yeah. Unrest one. Speaker 1 00:14:34 Yeah. John, what do you think? Speaker 4 00:14:46 Well, 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 1 00:15:07 That's what I recommend as well. Yeah. Speaker 4 00:15:09 So 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 1 00:15:36 Mr. 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 0 00:15:49 Mr. 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 1 00:15:55 Apologize. Speaker 0 00:15:56 Yeah, my notes, Speaker 1 00:15:57 I think we're, we're offering a four foot 50%, Speaker 0 00:16:01 But 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 1 00:16:12 Based 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 0 00:16:24 Can he do like a board on board? Maybe like a shadow box. Mr. Chadwick Speaker 4 00:16:29 A 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 1 00:16:47 Mr. 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 0 00:17:15 Yeah, Mr. Chairman, I can put him on the 27th. Speaker 4 00:17:18 I 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 1 00:17:47 I'll take, it's two weeks. I'll Speaker 5 00:17:49 Go. Speaker 1 00:17:52 You 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 5 00:18:01 Unfortunately, 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 1 00:18:08 Zoom? No, it'll be Zoom. Speaker 5 00:18:11 Okay. I would, I'll do that. Speaker 1 00:18:13 Let's do that. Okay. Laura, Jim. Okay. So Speaker 3 00:18:16 Anybody 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 1 00:18:28 We'll see you in two weeks, Mr. Ozzi. Speaker 5 00:18:30 Thank you so much. Speaker 1 00:18:32 No problem. Take care. Speaker 5 00:18:33 Bye-Bye. Speaker 1 00:18:34 So move on to item number 7 24 dash ZB dash 27 v Verizon Wireless. Speaker 8 00:18:43 Evening, Mr. Chairman members, the attorney with price meet Schulman and dear, Speaker 1 00:18:53 Is anybody else losing audio? Speaker 3 00:18:55 Yeah, Mr. Purcell, your audio is fading out Speaker 1 00:19:11 Still no go. Speaker 8 00:19:12 Okay, Speaker 3 00:19:22 Mr. Purcell, it looks like you're muted. Speaker 8 00:19:31 Is this better? Speaker 1 00:19:32 Is this better? Yes, it's much better. Speaker 8 00:19:34 Okay, 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 3 00:21:04 Mr. Purcell, was the original antenna placed with all zoning board approvals? Speaker 8 00:21:10 Yes, it was. Speaker 3 00:21:11 Okay. Are you increasing the height of the antennas? Speaker 8 00:21:16 The height of the antenna is increasing slightly by roughly 4.4 feet, but that's within the amount permitted by the federal law. Speaker 3 00:21:26 Are you changing the equipment base? Speaker 8 00:21:29 The equipment base is not, no, we're not. Speaker 3 00:21:33 And have you supplied or will supply the RF report showing that the new antennas will comply with the federal regulations? Speaker 8 00:21:40 We will provide that as a condition of approval. Speaker 3 00:21:43 And how about a structural report indicating that the building can support the new equipment? Speaker 8 00:21:49 We will stipulate to that too. Speaker 3 00:21:52 Okay. That's all that I have, Mr. Chairman. Speaker 1 00:21:54 Thank you, Jim. Any other, any other members of the board have any questions, comments? Speaker 4 00:21:58 Just one thing. Prior conditions of the approval, Jim should carry onto this, correct? Speaker 3 00:22:04 Yes. Speaker 4 00:22:06 Good. Speaker 1 00:22:08 Any 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 0 00:22:19 No. One chairman. Speaker 1 00:22:20 Okay. Close the public portion. I'd make a motion to approve this. Can I get a second? I'll second please. Full roll. Speaker 0 00:22:26 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Mitterando? Speaker 1 00:22:35 Yes. Speaker 0 00:22:36 Mr. Elli? Yes. And Chairman Cahill? Speaker 1 00:22:39 Yes. Speaker 3 00:22:40 Mr. Purcell, we'll memorialize this at our next meeting. Speaker 8 00:22:42 Thank you very much. Have a nice evening. You too Speaker 1 00:22:45 Night, sir. Thank you. Move on to item number 8 24 dash CB dash 25 V. David Richardson. Speaker 3 00:22:53 Mr. Richardson, are you present? Speaker 9 00:22:56 Yes, sir. Sir, Speaker 3 00:22:58 Could you raise your right hand? Do you swear the testimony you're about to give be the truth? So help, Speaker 1 00:23:05 You're muted, sir. Speaker 3 00:23:09 Mr. Richardson, you're muted. Speaker 0 00:23:14 There Speaker 1 00:23:15 You go. There you go. There you see Doug, can you hear me? Yes. Speaker 3 00:23:18 Mr. Richardson, could you explain to the board why you're here? Speaker 9 00:23:22 I, I can't hardly hear you, sir. Speaker 3 00:23:25 Can you explain to the board why you're here? Speaker 9 00:23:27 Oh, 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 4 00:23:55 Mr. Chadwick? Yes. Can you shine in Mr. Richardson, did you see this staff report dated May 20th? Speaker 9 00:24:05 Yeah. Speaker 4 00:24:07 Okay. Can you comply with those recommendations or do you want to discuss them? Speaker 9 00:24:15 I are you referring to can you, can you point to which ones in particular? Speaker 4 00:24:19 Sir, 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 9 00:24:36 I 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 4 00:25:02 Is it on a concrete base? Speaker 9 00:25:05 Excuse me? Speaker 4 00:25:06 Is it on a concrete foundation? Speaker 9 00:25:09 Yes, it's, yes. It's Speaker 4 00:25:15 What is separating that accessory structure from your neighbor? Speaker 9 00:25:23 A a stone wall. Speaker 4 00:25:25 Any vegetation along it? Speaker 9 00:25:29 No sir. Speaker 4 00:25:32 The picture that you provided, is that the stone wall in the background? Speaker 9 00:25:39 Yes sir. Speaker 4 00:25:40 And your neighbor's deck is in further in the background, correct? Speaker 9 00:25:45 Yes, sir. Speaker 4 00:25:48 Does 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 9 00:26:30 I would ask, is it, is it necessary to do that or can I Yes. Did we Speaker 4 00:26:35 Answer Speaker 9 00:26:36 Necessary? Speaker 4 00:26:37 Yes. The comments weren't made lightly made in consideration of your proposals. So if you can do that, I think we're done Speaker 9 00:26:50 As 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 4 00:27:01 Explain. Speaker 9 00:27:03 There's a fence that we're proposing on the other side of the, of my garage that defense an issue. Speaker 4 00:27:13 Okay. Speaker 9 00:27:16 It should be outlined on the survey before you, I I, where you see my garage, Speaker 4 00:27:21 I'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 9 00:27:55 Excuse me, I'm sorry. Say that one more time. The, Speaker 4 00:27:58 Are you agreeing to that location? Speaker 9 00:28:02 Yes. Yes. Okay. Yes I am. Speaker 4 00:28:04 Alright, 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 9 00:28:27 Are you referring There's pictures, Joe, I'm little bit confused. Speaker 4 00:28:31 Item number one we pushed aside for the time being. Right. We gotta get closure here and Speaker 9 00:28:41 Right. I, okay. Speaker 4 00:28:43 And 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 9 00:28:53 You're calling, Speaker 4 00:28:54 Lemme 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 9 00:29:05 It's an excellent shape. Speaker 4 00:29:07 Okay, fine. And leave it at that. And you show that there is a wall of vegetation between it and, and your neighbor? Speaker 9 00:29:18 Yes. Speaker 4 00:29:19 Okay. I think all the questions in the township been addressed. Mr. Chairman? No. Speaker 9 00:29:26 No. Okay. Thanks. Speaker 4 00:29:28 Huh? Speaker 9 00:29:30 We'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 4 00:29:39 I think we're aware of that. Speaker 9 00:29:42 Right. 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 4 00:29:51 You 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 9 00:30:02 No fence. There is no fence, sir. Up yet. There is nothing there that I want to be able to put a fence there. Speaker 4 00:30:12 Okay. Speaker 9 00:30:13 That 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 4 00:30:26 We 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 9 00:31:13 Question, 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 4 00:31:24 Do 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 9 00:31:57 Okay. Speaker 4 00:31:57 I, I believe that's a pretty, I believe that's a pretty good compromise with all the other things. Speaker 9 00:32:03 Okay. 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 4 00:32:35 I'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 1 00:33:10 Alright. 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 0 00:33:24 No one should. Speaker 1 00:33:25 Okay. 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 0 00:33:34 I second Speaker 1 00:33:35 Please Call the roll. Speaker 0 00:33:36 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Mitterando? Yes. Mr. Ley? Yes. And Chairman? Speaker 1 00:33:48 Yes. Speaker 3 00:33:49 Mr. 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 1 00:33:59 Thank you sir. Good evening. Speaker 4 00:34:02 You too. Speaker 1 00:34:03 Let's move on to item number 9 24 dash ZB dash 26 V, Mario ODA and EDA Viviana Lela de Ojeda. Speaker 11 00:34:15 Good 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 3 00:34:21 Yes sir. Speaker 11 00:34:22 I'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 11 00:35:18 And 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 1 00:36:29 No, I don't think that's necessary right now. John, are we okay with just the screen? Speaker 4 00:36:34 I, 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 11 00:36:45 Oh, I believe it's already being installed. I think it's eminent, so Oh, it's Speaker 4 00:36:48 In, Speaker 11 00:36:49 Yeah, I, I, i that the odos are nothing but very anxious to get everything complete. Speaker 4 00:36:55 So you can agree with that, that the bench would be installed within 30 days? Speaker 11 00:37:02 Absolutely. Or or if we wanna say screening will be installed within 30 days. Yeah, Speaker 4 00:37:05 Screening will be on field inspection. Speaker 11 00:37:09 That is perfectly acceptable. Speaker 1 00:37:10 Thank you Mr. Nothing Speaker 4 00:37:11 Else, Mr. Chairman. Speaker 1 00:37:13 Okay. 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 0 00:37:23 No. One chairman. Speaker 1 00:37:25 Okay. 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 0 00:37:34 Mr. Weisman? Speaker 1 00:37:35 Yes. Speaker 0 00:37:36 Mr. Tillery? Speaker 1 00:37:37 Yes. Speaker 0 00:37:38 Mr. Patel? Speaker 4 00:37:39 Yes. Speaker 0 00:37:40 Mr. Regio? Yes. Mr. Mitterando? Speaker 1 00:37:43 Yes. Speaker 0 00:37:44 Mr. Ellie? Yes. And Chairman Kale? Speaker 1 00:37:47 Yes. We'll memorialize this at our next meeting. Mr. Di, Speaker 11 00:37:50 Thank you so much. Speaker 1 00:37:52 Have a good night. Thank you. Thank you. Speaker 0 00:37:54 Thank you. Thank you very much. Have a good night. Speaker 1 00:37:56 Let's move on to item number 1124 dash ZB dash 17 V HC Enterprises Management. Speaker 11 00:38:05 Good 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 11 00:39:05 Mr. 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 3 00:40:08 Please proceed. Mr. Fletcher, please raise your right hand. Do you swear the testimony you're about to give should be the truth? Speaker 12 00:40:17 Yes, it will. Speaker 3 00:40:18 Thank you. Speaker 11 00:40:20 And your honor, or sorry, your Honor, I was in court this morning. Me, your Speaker 3 00:40:24 Honor. Any time ma Speaker 11 00:40:27 If 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 3 00:40:34 And I believe Mr. Fletcher has been accepted as an expert before this board on prior occasions. Thank you Mr. Kaley. Speaker 12 00:40:40 Thank you. Speaker 11 00:40:42 Alright 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 12 00:40:58 Certainly 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 11 00:41:31 Paul, would it help if I shop stop sharing? Am I, am I interrupting? So Speaker 12 00:41:36 No. Okay. Okay. I'm, I'm, I'm, I'm set now. I'm sorry. Okay. Speaker 11 00:41:39 That's okay. Speaker 12 00:41:41 Yeah, 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 12 00:43:34 It, 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 11 00:43:52 Thank 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 12 00:44:11 Yes, it is. It's, it's about 10 feet off the, the common property line. Speaker 11 00:44:17 And, 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 12 00:44:38 That is correct. I would agree with that statement, yes. Speaker 11 00:44:41 Okay. 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 12 00:45:05 That that is correct. Speaker 11 00:45:07 Okay. And if we eliminated that, then we would have approximately 29 feet of setback to where the house is, correct? Speaker 12 00:45:15 Yes. Speaker 11 00:45:16 And 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 12 00:45:33 Yes, it would. Okay. Speaker 11 00:45:35 Maybe 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 12 00:45:45 I I believe something that extended out at least three feet then steps from there would be appropriate and suitable for the home. Speaker 11 00:45:55 Okay. 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 12 00:46:06 Correct. Speaker 11 00:46:07 Okay. 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 12 00:46:20 We do not. Speaker 11 00:46:21 Okay. 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 12 00:46:31 That is correct. We would show those on, on revised plans should the the board see fit to grant this application. Speaker 11 00:46:39 Okay. 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 1 00:47:22 Of John you wanna touch Speaker 4 00:47:24 Base? 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 1 00:47:45 Okay. 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 0 00:48:01 No one chairman. Speaker 1 00:48:02 Okay. 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 0 00:48:11 Mr. Weisman? Yes. Mr. Tillery? Speaker 1 00:48:14 Yes. Speaker 0 00:48:15 Mr. Patel? Yes. Mr. Regio? Yes. Mr. Mitterando? Speaker 1 00:48:21 Yes. Speaker 0 00:48:21 Mr. Ellie? Yes. And Chairman Cahill? Speaker 1 00:48:24 Yes. Speaker 3 00:48:26 We'll memorialize this at our next meeting. Speaker 13 00:48:29 Thank Speaker 11 00:48:29 You 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 1 00:48:35 Oh Laura, Speaker 0 00:48:36 Good idea. Speaker 1 00:48:37 Alright, thank you very much. Thanks. Lastly let's move on to Laura. Item 12. Speaker 0 00:48:49 Yes. Speaker 1 00:48:49 24 dash ZB dash zero eight V Arvin Patel. Speaker 3 00:48:55 Is Arvin Patel present? Speaker 13 00:48:58 Yeah. No, he is not present. This is AIA Tucker. I'm representing Arvin Patel. Speaker 3 00:49:04 Are you an attorney sir? Speaker 13 00:49:06 No, 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 3 00:49:18 Okay, could I get your name again please? Speaker 13 00:49:20 Adia. A-D-I-T-Y-A. Speaker 3 00:49:30 Okay. 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 13 00:50:00 Okay? Speaker 3 00:50:00 We 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 13 00:50:51 Okay? Speaker 3 00:50:52 Okay. 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 13 00:51:12 I will definitely be in touch with Laura tomorrow. Yes. Okay. Speaker 4 00:51:15 Can I interrupt one second. There's also the issue of not coverage doesn't seem to be finalized. Speaker 3 00:51:27 So John, are you saying that their calculations don't seem to add up? Speaker 4 00:51:32 There's a question raised on it. So amongst the other things somebody needs to verify. Speaker 3 00:51:38 Okay. Speaker 0 00:51:38 Calculation. Speaker 3 00:51:41 Alright. 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 13 00:52:00 Okay? 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 3 00:52:24 You 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 13 00:52:39 Okay. Thank you. Speaker 0 00:52:41 Chairman. We have someone raising their hand. Marina. Oh, I'm sorry. Hope she had a question on anything. Speaker 4 00:52:51 Hi Marina. Speaker 14 00:52:53 Hi. Good evening. I'm the architect working on this project. Is it possible to ask a couple of questions? Speaker 3 00:53:00 We'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 14 00:53:08 Sounds good. Thank you. Okay, Speaker 4 00:53:10 Have a good evening. Speaker 3 00:53:11 Thank you. Speaker 4 00:53:11 I'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 1 00:53:55 Okay. 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. Speaker 3 00:54:07 First resolution, UL Renoso, which you voted to approve. Mr. Tillery? Speaker 1 00:54:11 Yes, Speaker 3 00:54:12 Mr. Patel. Mr. O'Reggio? Speaker 1 00:54:16 Yes. Speaker 3 00:54:17 Mr. Mitterando? Speaker 1 00:54:18 Yes. Speaker 3 00:54:19 Chairman Cahill? Yes. Next is Mustafa Chi, which you voted to approve. Mr. Tillery? Yes. Mr. Patel. Mr. O'Reggio? Speaker 1 00:54:30 Yes. Yes. Speaker 3 00:54:31 Mr. Mitterando? Speaker 1 00:54:33 Yes. Speaker 3 00:54:34 Chairman Cahill? Speaker 1 00:54:35 Yes. Speaker 3 00:54:36 Finally, NBAD one LLC, which you voted to approve. Mr. Tillery? Yes. Mr. Patel. Mr. O'Reggio? Speaker 1 00:54:46 Yes. Speaker 3 00:54:46 Mr. Blount. Mr. Mitterando? Speaker 1 00:54:50 Yes. Speaker 3 00:54:51 Chairman Cahill? Yes. Those are all the resolutions I have this evening. Speaker 1 00:54:55 Good. 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 4 00:55:15 A good evening. Everyone. Care.