Transcript for Piscataway Zoning meeting on February 11 2021

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Feb 11 2021 · Zoning
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Meeting Sections
  • 00:00:03 — Meeting Opening, Roll Call, and Pledge of Allegiance
  • 00:02:08 — Agenda Adjustments and Postponements
  • 00:02:26 — 20-ZB-85V - Jonathan Stoll 20-ZB-85V
  • 00:04:30 — Public Inquiry Regarding Postponed Case
  • 00:05:21 — 20-ZB-83V - Noel Pimintel 20-ZB-83V
  • 00:07:19 — 20-ZB-82V - Nesto Sedia 20-ZB-82V
  • 00:15:31 — 20-ZB-54V - Prakash Patel 20-ZB-54V
  • 00:27:41 — Resolutions from Previous Meeting and Minutes Approval
  • 00:28:24 — Adjournment
Meeting Opening, Roll Call, and Pledge of Allegiance AI  00:00:03 – 00:01:40
Zoning Board of Adjustment meeting called to order at 7:30 PM with notice provided per township procedures. Roll call of board members conducted. Pledge of Allegiance recited.
Speaker 1All right. We're recording. So be kind. Okay. Okay. Whoever is not speaking at the moment. Who's not on the board. I'm muting you guys. So don't take it personal, just too much feedback.
Speaker 2Good. So we should run it from now on be honest with you. I used the public and I'm using them at that point.
Speaker 1Well, the thing is, but if, if I've ever been muted at one time, I have to watch, well, you guys do, it's just, it's not, I can't do it alone.
Speaker 2Okay.
Speaker 1So I will do the best.
Speaker 2I appreciate that. And it's seven 30. So I'm going to start. Yes, sir. Zoning board of adjustment meeting with please come to order. Adequate notice of this meeting was provided in the following ways. Notice published in the courier news notice posted on the bulletin board of the municipal building notice made available to the township clerk notice sent to the Curry news and the star ledger will the clerk please call
Speaker 1Mr. Zimmerman. You're Mr. Tillery. Mr. Weissman. Mr. Ratio, Mr. Patel, Mr. Mirando here, Mr. Ali and chairman K hill.
Speaker 2Well, everyone, please stand for salute to the flair And the flag. <inaudible> justice for all. Mr. Conneely. Do we have any changes to tonight?
Agenda Adjustments and Postponements AI  00:02:08 – 00:02:08
Clerk announced one agenda change: Shoba Chopra's application for 82 school street postponed until March 11, 2021 with no further notice required by applicant.
Speaker 3Yes, we do. We have one change. The application of Shoba Chopra, 82 school street will be postponed until March 11th, 2021 with no further notice by the applicant. Those are all the changes that I have.
20-ZB-85V - Jonathan Stoll 20-ZB-85V AI  00:02:26 – 00:04:25
Jonathan Stoll sought to fence in rear yard and one side of property crossing a 20-foot sanitary sewer easement. Applicant acknowledged responsibility to remove and replace fence at own expense if future easement access required. Application approved unanimously.
Speaker 2Okay. Let's proceed to item five, 20 ZB, 85 V. Jonathan stole
Speaker 3Everything applicant present with us, Jim
Speaker 2I'm here.
Speaker 3Okay, sir, I need to swear you in. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth. I do your name and address please. Jonathan stool, 10 Dunbar AF Mr. Stoll, could you explain to the board what you'd like to do here? Yes. I'd like to fence in the
Speaker 4Rear yard and along the one side of the property, there's a 20 foot wide sanitary sewer easement to cross the easement and pass along and through it and then cross it again.
Speaker 3And you understand that if access to that easement is ever necessary in the future, it would be your responsibility to remove and replace that fence at your own cost. Yes, That's all I have. Mr. Chairman.
Speaker 2Okay. And Mr. Henderson, any issues? No issues. That was the only item as long as he understands. Okay. And w and went on the board, have any questions for this application or this applicant hearing. Now I'm going to open it to the public. Anyone in the public forum have any questions for this application or comments or comments?
Speaker 1Chairman?
Speaker 2No one. Okay. Public portion is closed. I'd make a motion to approve this application. Looking for a second. I see Mr. Weissman jumped on there real quick. So a clerk, please call the roll.
Speaker 1Mr. Zimmerman. Yes. Mr. Tillery Weissman. Yes. Mr. Reggio? Yes. Mr. Patel, Mr. Mirando? Yes. And chairman Cato.
Speaker 2Yes.
Speaker 3Mr. <inaudible>, your application has been approved. We will memorialize it in a written document at our next meeting. You don't need to be present for that. We will mail a copy to you and you'll need that for your building permits. Okay?
Speaker 2Okay. Thank you very much. Have a good night, sir. Thank you for coming. All right. Thank you.
Public Inquiry Regarding Postponed Case AI  00:04:30 – 00:05:19
Neighbor of postponed Shoba Chopra application inquired about March 11 rescheduling details. Board confirmed same meeting time with different Zoom link and directed neighbor to contact township clerk for access information.
Speaker 5I'm a little out of order, but may I ask a question? Sure. Go ahead. I'm the next door neighbor to Chopra's property on 82. And that's why I was coming onto the meeting. And you've just said that will be postponed until March 11th with further notice. So that being the case, will it be the same zoom address and will be the same time?
Speaker 2Yes, it will be the same time.
Speaker 1It's the same time, but it's a different
Speaker 2Zoom. Different.
Speaker 1You could do what you could call me your email, the township, my name's Laura, or two days before the meeting. It is on the website, the new information to call in. So if you can't find it on the website, just, just give me a buzz.
Speaker 5Okay. So March 11th at the same time, et cetera. Yes ma'am. Okay, great. Thank you. Then I can get up.
Speaker 2You enjoy your freedom.
Speaker 5I'd like to get it over.
20-ZB-83V - Noel Pimintel 20-ZB-83V AI  00:05:21 – 00:07:19
Noel Pimintel sought to install wooden fence around property at 308 Oak Place, crossing a store easement. Applicant acknowledged responsibility to remove and replace fence at own expense if easement access required. Application approved unanimously.
Speaker 2Let's move down to item six 20 dash ZB dash 83 V no Pimentel. Miss home.
Speaker 6Good evening. It's Noel. Pimintel speaking.
Speaker 2How are you, sir?
Speaker 3Mr. Pimintel could you raise your right hand? I need to swear you in. Yes, sir. Yes, sir. Your name and address please.
Speaker 6Well, pimento, I live at 3 0 8 Oak place in the city of Prescott away.
Speaker 3Could you explain to the board what you'd like to do here?
Speaker 6Put a wooden fence around the property. There's an easement that
Speaker 2Across a store easement comes across.
Speaker 3And do you want, you understand that if access to that easement is required in the future, you would be responsible for removing and replacing that fence at your own cost? Yes,
Speaker 2Sir. I understand.
Speaker 3That's all I have Mr. Chairman.
Speaker 2Okay. And same issue, Henry? No, nothing else. Other than what Jim touched on, it was the last one. As long as they understand that that defense would be their responsibility. If we ever have to gain access to the, for that easement. Understood. Okay. Anyone else on the board have any questions for this application or comments? Hearing none. I'm going to open it to the public. Anyone in the public portion, have any questions or comments about this application? Sparkly?
Speaker 1Sorry. No, no one
Speaker 2Chairman. Okay. Public portion is closed. I would make a motion to approve this application looking for a second. Okay. Who's an awesome clerk. Please call the roll
Speaker 1Zimmerman. Yes. Mr. Tillery, Mr. Weissman? Yes. Mr. Ratio. Yes.
Speaker 2Mr. Patel,
Speaker 1Mr. Mirando
Speaker 2And chairman Cahill. Yes.
Speaker 3Mr. Pimintel your application has been approved. We will memorialize it in a written document at our next meeting. You don't need to be here for that. We will mail a copy of that document to you. You'll need that for your building department.
20-ZB-82V - Nesto Sedia 20-ZB-82V AI  00:07:19 – 00:15:31
Representative Dave Bahr presented Nesto Sedia's application to convert two-car attached garage into living space for family of seven. Board engineer noted ordinance requires maintaining minimum 12x20 single-car garage; proposed alternatives of half-conversion or detached replacement garage. Application carried to March 11, 2021 pending applicant's decision on preferred approach.
Speaker 2All right. Thank you for your time. Have a good night, sir. Yep. Let's move down to item number seven 20 dash CB dash 82 V or Nesto Sedia.
Speaker 3Is he African president?
Speaker 7Yes. My name is Dave Behr and I'm from five-star Ramalingam representative their Nesto. He is also on, on the zoom meeting,
Speaker 3Sir. Could I have the spelling of your last name please?
Speaker 7B as in Bob, a R a N as in Nancy.
Speaker 3And are you going to be speaking on behalf of the applicant? Yes, sir. I need to swear you in. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth?
Speaker 7I do.
Speaker 3And could you give us the name of the company that you're with again, please
Speaker 7By store remodeling.
Speaker 3Thank you. Could you explain to the board what the applicant would like to do here?
Speaker 7Absolutely create extra living space using the two core attached garage. Presently there's seven members of the family living in, in the home. I have pictures of the home as well with me that I had blown up for the board to check out. They have four children, all the Tevye, Piscataway schools, Mrs. <inaudible> has been a lifetime resident of Piscataway. They believe they've lived there for over seven years, if not close to more than that now. And they just want to turn the, the garage and the extra living space.
Speaker 3Have you and the applicant had an opportunity to review Mr. Henner? Steen's February 9th, 2021 report?
Speaker 7Yes.
Speaker 3Okay. Could you address item number one, please?
Speaker 7At a minimum one garage needs to be maintained as a required but ordinance. Okay. So, so I guess that we could only use one of the garages. Is that what you're saying? One of the two car.
Speaker 8Yeah. I mean the, the requirement is to have the garage. So there's a couple of ways that you could approach it. You could not telling you which way is the best way that's ultimately up to you and your client, but you have to have a garage. So if you wanted to convert both garages to living space, what you could do is you could build a single car or car and a half wide garage. That's either detached or attached to the back corner of the house, sort of in the back of that driveway. And then he would still conform with the ordinance. So it's that or maintain a single car garage and the existing configuration, and then cut back on the conversion space. So, you know, you need to just weigh what the options are and see what maybe works. If he really needs all of that living space, then maybe the best solution would be to, to also build a small garage when I say small car, car and half, but it has to have the appropriate depth that could handle a car. I believe we have a ordinance that requires it to be a certain depth. 20 Lordy quoted is 20 feet by 24 by 20 minimum minimum.
Speaker 7Yeah. So it can't be one of those not, you know, covering, you know, with, with the bow has to be closed.
Speaker 8Yeah, it has to be a structure. A garage asked to be a garage. So if it fits a garage that was, you know, built over in Pennsylvania and then shipped and dropped as long as you could drive a car into and use it to park a car that would be acceptable, I guess, but you need at least the 12 by 20 garage.
Speaker 7So when we submit plans for approval for turning the two car garage in the living space, we have to also hand in a building a structure for one car, at least at the end of the driveway, say
Speaker 8Correct. Now, the only, the only caveat that you're going to run into is because you have a corner lot. You have two front diges, you have one rear and you have a side yard here. So you have to see what your, your bulk requirements going to be. If it's totally detached, what happens is now you have different, your front yard setbacks increased a little bit and your, your side yard and your rear yards are actually diminished. So there's some pros and there are some cons to it being an accessory structure. That's detached from the, the main structure. So you just have to look and see what is the best way with not needing any additional variances. Oh
Speaker 7Yeah. Another option is just to, if we could just turn half of the garage into living space where there's a door from the home that comes right out and then that other side is a garage.
Speaker 8As long as you keep 1, 1 12 by 20 space. And in that existing two car garage with the garage door, you'd be fine. So if you took half of the space that you're proposing, I would imagine that you should, without knowing the width of the garage, it looks like it's 25 feet. Yeah. If you left, you know, basically the midline or a little less than the mid line, but at least 12 by 20, you should be. Okay.
Speaker 7Okay. All right. So I'll discuss it with Mr. CBS and find out what is, explain the options again to him and, and find out what he wants to do.
Speaker 8Okay. I mean, I, I think the best thing to do would be carry it because if you're going to maintain it garage, I'm not sure if you're going to need any, any variances at that point gym.
Speaker 3No, it doesn't look like they will. So we should carry it to our next, the first meeting in March so that the applicant let us know what they plan to do.
Speaker 8So yeah, if you, if you conform with the ordinance and kept the one garage, you could just submit revise, your plants, submit for permits, and you wouldn't need to come before this board, depending on where you locate the, a detached garage, then you, you may have to come on March 11th and, and ask for that variance. We have to revise your bearings list.
Speaker 7Okay.
Speaker 3So do you want to carry it to March 11th?
Speaker 7Yeah, let's do that this way. I have time to discuss it with the owners. And also if I have to submit other plans, we can do that.
Speaker 3Mr. Chairman, I don't know if you want to check and see if there's any member of the public that's interested in this application. I will do that.
Speaker 2Well, any of your other members of the board have any questions for this application? Okay, here we go. I'm going to open up to the public. Anyone in the public portion, have any questions about this application or comments? No one terrible covered portions closed. Thank you, bill. We'll carry this through the 11th of March, then speak with your client and come back, let us know on the phone.
Speaker 3And there will be further notice required by the applicant,
Speaker 8Right? And you can let us know. And I mean, if you decide that you're going to withdraw the application, because you're going to just build half of that space, you just write a simple, I think, letter to Laura to let her know that you're withdrawing the application and you're going to conform with the ordinance and just convert half the garage, and then you'll be all done. It's like you said, he decided to do the detached garage depending on where it's located. You may see the lead variants, but if not, if it doesn't then again, same thing. You just write the letter to withdraw the application.
Speaker 7Appreciate it. And just want to thank Laura for all her help with the variance planning, all that stuff. Thank you.
20-ZB-54V - Prakash Patel 20-ZB-54V AI  00:15:31 – 00:27:23
Prakash Patel sought variance for freestanding carport on narrow corner lot with zero setback; adjacent property only 7 feet away. Board engineer objected due to neighbor impact and recommended alternative locations to reduce variance request. Application carried to March 11, 2021; applicant to work with engineer on revised plan meeting zoning compliance.
Speaker 2You're welcome. My pleasure. Nice work lore. Okay. Let's move forward. Item eight 20 dash dash 54 V. Precaution Patel.
Speaker 3It's Prakash Patel present Is precautious Patel present. And these
Speaker 2May even,
Speaker 9There we go. Yeah.
Speaker 3Obviously tell, I need to swear you in. Could you raise your right hand? Do you swear the testimony you're about to give shall be the truth?
Speaker 9Yeah.
Speaker 3Your name and address please.
Speaker 9The gel to our place. Discard way, New Jersey 0 8 8 5 4.
Speaker 3Thank you. Could you explain to the board what you'd like to do here?
Speaker 9Okay. I would like to have a freestanding carport to protect my car, as well as the orange coming out from the kitchen door and everything during Lexis rain, wind kind of things. So that's, I'm looking now. The issue is like for the property was built in six days and our lot. So I kind of set aside a lot of setbacks, a lot cities looking for that's why I have to go for the variance.
Speaker 3Mr. Jeremy men want to talk to Mr. Henderson about this? Yeah.
Speaker 2Henry, we have some issues.
Speaker 8Yeah. I mean, the problem with this application is that they're proposing this. And again, maybe, maybe Mr. Can clarify, is it a car Porter garage that you're proposing
Speaker 9Here is a cardboard open cardboard.
Speaker 8So it's an open car port cause the players weren't cleared. It was called the carport, but the architectural show, both carport and garage, I guess they could,
Speaker 9Is it open cardboard? Not it's not a closed.
Speaker 8So the problem is though that there's a zero yard setback for the structure. The, the adjacent home is only about seven feet from the property line. So to allow, I understand, you know, the concern, but you know, to allow no setback whatsoever from the neighboring property, just to me is sort of a deal killer. It is a corner property. They do have additional space on the other side of the property. And I, and I think that that's sort of what, when you look at this, you go, well, there's a couple of things that they could do.
Speaker 8They could probably put it on the other side of the house and perhaps create a walk from the front to that side of the house and do a carport on the left-hand side of the house. The property is 125 feet wide and the car port could probably be in that location, still meet the front yard setback from the, the adjacent street and, and conform. So again, I, it's tough to stay that there's a hardship with, there appears to be an area that this car port could be put that won't impact the neighboring property as severely as, as it would in the proposed location. So my suggestion would be either the left side of the house to try to come up with an alternate solution, if, if that's the way they want to go, but to put it on the right hand side with almost no setback, I just, I can't see that happening, especially in light of it being corner property with, with room on the other side of the house, it is, it does have a sort of odd sheet to this, to this lodge. There's like a finger that sticks up on the right-hand side. There it's about 25 feet wide. That's another possible location that at least would comply with the front yard setback for an accessory structure. But again, it wouldn't comply with the, with the side yard setbacks.
Speaker 9Yeah. And I go to everything, but I cannot do a lot of things that Alexa, as usual, just go in the back, I cannot satisfy the left and right setback.
Speaker 8No, but it would be better than zero. So if you have a 12 foot wide car port and you have a 25 foot area that still leaves you 13 feet. So you would have approximately six, six and a half feet on each side of the car port, if you move it back and centered it in that space, in the back in front of the two sheds that you have in the back and then eliminated the one shed or relocated the one shed that you have at the end of the driveway. So, I mean, there might be a way for it to be back there. I'm not saying that that's the best solution, that's a possible solution. The other, the other, I think, solution that you need to look at is perhaps moving it to the other side of the, of the property. But to again, zero just, I don't see your hardship to, to justify zero, you know, or one foot, a side yard setback, or the restructure as well as the front yard setback requirement and all the other variances that are being asked for, for this carport.
Speaker 9Okay. If you, as you suggest on the left side, so it may help 1 25 feet in the front and maybe I'm not getting on a backside. All right. So 25 feet, if I leave it and I need like 24 by 14. So I not able to satisfy the backs. If it's set back
Speaker 8The, the, the back of your house is actually the side yard. So the requirement for the back of that house, the setback is just take a quick peek at the zoning
Speaker 8Eight feet, right? Yeah. So it's an eight foot requirement. So you would probably comply or be close to compliant with that side yard, which is the rear of your home, but it's actually the side yard. The rear of the home is actually opposite to shortage the shortest frontage and your shortest shortest frontage is on Hanover street. So actually the back of your house is where you want to put the car port next to the neighboring property. And unfortunately, that setback requirement is 25 feet, I believe. And so you're going from what supposed to be 25 feet down two to zero. So again, I think, I think you may still need some marriages on the left-hand side of the house, but the variances that you would need would probably be variances that could be looked on a little bit more favorably than the variants that you're, that you're requesting on the proposed location. Now.
Speaker 9No, I understand all this I learned is thought about all this thing. But like, if I go with that route, see on the left side, it will cost too much and it will give away all the beauty of my property. If I'd go on left side, I have to redo a lot of things in the front and all these things. So I'm losing the value of the property at that time. If I do on the left side now in a backside, you'll say, so the main purpose, like I say, I want to protect everything from the snow and everything. And I'm getting older also. So it probably goes in the backside. Then, like I said, right now on my driver, I can put three car right away. And now if I go further far and it's like heavy snow storm, maybe my old day or two days gone. So all these things I'm looking into that
Speaker 8I understand your concerns, but I also got to understand, you've got to understand that there's zoning laws and requirements,
Speaker 8And you have a neighbor that's seven feet away from where you're proposing this port right up against the property line. So again, it's, you know, I'm not, I'm not a mind reader and I don't tell the board how to, how to vote, but they usually take my advice to my guidance, to, to heart. So again, I just don't see a variance of zero one feet on that rear yard, which is the side of your property having a shot of getting past. So my advice to you would be is to probably carry this. Or if you, you know, I don't want to have, you have to try to design this during this meeting pro you know, under the gun, but you might want it to take this, carry to the next meeting and see if you could come up with an alternate solution that works for you. And that will work probably, you know, a little bit better for the town, because what you're proposing now, I don't think has a shot of being approved.
Speaker 9No, I, I agree with death, like the next meeting. I don't mind that, but like I said before, I look for this solution for my property and I'm living in <inaudible> for 25 plus year. And I saw in the neighborhood, same kind of thing. They don't have set back also. Then I asked that particular owner also, they said, you don't remember that thing. So that kind of answer I got from them. Okay. But that they got approved, not approved that I don't know, but I saw two property, similar situation like me, they got up, they don't have jails zero setback on the neighboring property.
Speaker 3Mr. Patel, each application is reviewed on its own merits. We don't know if those other properties came before the board or if they got permits to put what they did.
Speaker 9No, no, I'm just setting. I'm not like the arguing. I'm just trying to,
Speaker 2We're not trying to argue with either Ms. Patel, we're trying to work with you at this point. What I would suggest you do. I've been on this board for 15 years. What I would suggest is you carry this work with Mr. <inaudible> and his office on a solution that accommodates not only your own needs, but also works within the laws of the zoning board. That, that we can approve this. Because right now I would tell you, in my honest opinion, if you move forward with a vote, the saving, it would not be favorable. So I want, I want to prove your application, but it's gotta be with some give and take with the township. Yeah, I think, I think just making a, a compromise is in the best interest of, of both Piscataway and yourself, I noticed that him and his office will work with you and plot a solution. I'm back with a different application. One that works for both of us. And hopefully at that point, we'll be able to approve you. Okay.
Speaker 9Understood.
Speaker 2Okay. Can we get, what do we have space available on the oven again? Yes, we do. Okay. So Mr. Patel, I will explain what what's gonna happen.
Speaker 3Okay. So Mr. Patel, you're agreeable to carry this matter to March 11th meeting. Yes. Okay. So what will happen is you can contact Mr. <inaudible> office work on a revised plan, as long as that's in 10 days before March 11th, we can hear the matter on March 11th. If for some reason you can't get it done by then just contact us and we can carry the matter again. But for now, we are going to adjourn your matter to March 11th, 2021 with no further notice by you. My announcement here is all the notice that the public needs. Okay.
Speaker 2Okay. Mr. Mattel, we'll see you in a month or so. Okay. All right. Thank you. Good luck. Good luck. My friend, let's move down to item 10 for the optional resolutions for the regular meeting of January 28th, 2021.
Resolutions from Previous Meeting and Minutes Approval AI  00:27:41 – 00:28:24
Board voted to memorialize two resolutions from January 28, 2021 meeting: T-Mobile site plan exemption and certificate of non-conforming use, both approved unanimously. Minutes from January 28, 2021 meeting also approved.
Speaker 3First resolution is T-Mobile. So this was an application for site plan exemption, which you voted to approve Mr. Zimmerman. Yes. Mr. Weissmann? Yes. Mr. Reggio? Yes. We'll tell Mr. Mirando. Yes. Mr. Cahill. Yes. The second application is <inaudible>. This was an application for a certificate of non-conforming use, which you voted to improve Mr. Zimmerman. Yes. Mr. Weissmann? Yes. Mr. Reggio? Yes. You can tell. Yes, we can Mirando. Yes. Jeremy K. Hill. Yes. Those are all the resolutions. I haven't seen any
Adjournment AI  00:28:24 – 00:28:24
Meeting adjourned. Chairman thanked board members for their participation and effort.
Speaker 2Well down to item number 11 at the option of the minutes from the regular meeting of January 28th, 2021. All in favor, say aye. Aye. All opposed. Thank you. Make a motion to adjourn. Anyone in favor, say aye. Aye. Aye. Once again, I'd like to thank all of you for your time and effort here this evening. We'll see you in a couple of weeks. Thank you. Have a good night. Thank you.
Minutes for Piscataway Zoning meeting on February 11 2021