Transcript for Piscataway Zoning meeting on March 9 2023

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Mar 9 2023 · Zoning
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Meeting Sections
  • 00:00:05 — Meeting Opening, Roll Call, and Pledge of Allegiance
  • 00:01:14 — Agenda Adjustments and Postponements
  • 00:01:35 — 23-ZB-01V - Michael Perella (Fence and Shed Variance) 23-ZB-01V
  • 00:17:43 — 23-ZB-13V - Deborah Montgomery (Fence in Township Easement) 23-ZB-13V
  • 00:20:54 — 23-ZB-15V - Sadaf Khali (Above-Ground Pool Variance) 23-ZB-15V
  • 00:23:28 — Adoption of Resolutions from February 23, 2023 Meeting
  • 00:24:35 — Adoption of Meeting Minutes from February 23, 2023
  • 00:24:43 — Adjournment
Meeting Opening, Roll Call, and Pledge of Allegiance AI  00:00:05 – 00:01:14
Chairman calls meeting to order at 7:30 PM. Adequate notice procedures outlined. Clerk calls roll of board members. Pledge of Allegiance recited.
Speaker 0Chairman. It is seven 30.
Speaker 1Okay, let's start. Zoning. Board of adjustment meeting will please come to order. Adequate notice of this meeting was provided in the following ways. Notice published in the Courier News notice posted on the bulletin board 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 the roll?
Speaker 0Mr. Weisman? Mr. Hillery? Here. Mr. Patel? Here. Mr. O'Reggio? Roy's? Here.
Speaker 1Here.
Speaker 0Mr. Dacey. Mr. Dacey.
Speaker 1Here.
Speaker 0Mr. Dacey. I could hear you already. Yeah. Hi. Sorry. No, it's fine. You're on. Mr. Mitterando. Mr. Ellie here and Chairman CAO
Speaker 1Here, please join me with a salute
Speaker 2Pledge Allegiance one Nation individual,
Agenda Adjustments and Postponements AI  00:01:14 – 00:01:35
Two cases are postponed: Carlos Aroyo case adjourned until April 13, 2023 with notice; 100 Lakeview rear case adjourned until April 27, 2023 with no further notice required by applicant.
Speaker 1Mr. Dacey. Do we have any changes to tonight's agenda?
Speaker 3Yes, there are two changes to tonight's agenda. Carlos Aroyo Aroyo is being adjourned until April 13th. Two, no, 2023, he must notice. And 100 Lakeview rear is being adjourned until April 27th with no further notice by the applicant. Those are all the changes I have.
23-ZB-01V - Michael Perella (Fence and Shed Variance) 23-ZB-01V AI  00:01:35 – 00:17:43
Applicant sought variance for fence and shed in non-conforming locations. Fence installed 33 years ago; recently replaced without permit, encroaching on township right-of-way and site triangle. Shed located in front yard. Zoning officer and board noted self-created hardship due to lack of permits. Board approved with conditions: fence must be relocated out of right-of-way and site triangle within one year; shed may remain. Applicant granted one year to comply. Unanimous vote.
Speaker 1Thank you, sir. Let's proceed to item number 5 23. Zibi. There's one v Michael per
Speaker 4Yes, sir. I'm here.
Speaker 3Mr. Perella, 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 4Yes, sir.
Speaker 3Your name and address, please?
Speaker 4Michael Par, 23 Brett Street, Piscataway, New Jersey.
Speaker 3Thank you. Could you explain to the board why you're here?
Speaker 4I'm here because I had received a violation notice for, I didn't get a permit for repairing and replacing a, an existing fence that has been up for 33 years in the same spot. It was put up and my shed moved by the contractors that built my garage that I had to get a variance for. Around the same time, they moved the existing shed and then built the garage, put up the fence, and we had a stockade fence put up because I was being robbed. I had a motorcycle stolen. I had a snapper rider lawnmower stolen, and the police told me the only way I could possibly prevent that or stop that was to put up a stockade fence, which I did do. Over the last few years. The fence started rotting and falling apart. The posts were breaking in the ground, and it took me a year to get somebody to come out and replace it. I asked the, the contractor that did that if I needed a permit, and he said that to replace an existing fence or repair it in the same footprint as the other, I, he didn't think I needed a permit. My neighbor, Paul Carlton, who I always went to when I had a problem with something passed away, so I had no one to talk to, but I took him at his word that I didn't need a permit because it was an existing fence for, in the same spot for 33 years.
Speaker 4So I'm, I'm not sure what's going on. I went, when a gentleman Ben came to talk to me, he said that all I had to do was send a check in for $45 for the permit, and that would take care of it. And then for three months, I never heard anything, and then all of a sudden I got a notice that defense was in violation, and I couldn't understand why. I've had multiple inspectors here from the Township for the garage, for the, the roof. When I had the roof repaired, somebody had to come here and check that. When I had the driveway done, originally, they were here to do that a few years ago. The inspectors were all over the place. When they had the solar panels put on the roof, everybody saw the fence. I don't, and this is why I, I just don't understand what the problem is or how come all of a sudden now it's a problem.
Speaker 3Mr. Chairman, you may wanna ask Mr. Hinterstein to voices opinion.
Speaker 5Mr. Chairman, if I may, basically, you know, I'm not discounting what Mr. Perla said. What he's saying he may have thought was, was accurate, but the problem was is it's not like 33 years ago zoning existed, permitting process existed. So the fact that he didn't get permits for the shed and for the fence or variances is really not, you know, the township's fault. It's not the contractor's fault. He, he may have gotten bad advice, but ultimately the responsibility falls on the homeowner to get the appropriate permits and look into what is necessary when somebody's doing something. Unfortunately, he took the advice of a contractor that probably gave him bad advice, regardless of offenses, existing or not, it requires his owning permit. If he would've applied for that zoning permit, he would've been told immediately that the fence that he was installing was in a, in a location that it's not allowed to be without a variance.
Speaker 5The same goes true at that time about the shed. He brought up some other things about other permits. Again, when you come in for solar panels, you submit a survey. If stuff isn't shown out in the survey, if it says existing, they're coming in for solar panels. They're not looking at your fence. The inspector's job isn't to look at the existing conditions. It's to do an inspection for whatever you put in a building permit for. So unfortunately, if everybody did something without a permit and then came to us and asked us for forgiveness, then fences, additions, everything would just be done wherever people wanted it, say they didn't know, and then unfortunately, we would have a mess on our hands. So, although I feel for Mr. Perella, you know, it's pretty clear that again, the zoning permits needed for offense, the zoning permits needed for shed, and then we would've been able to guide them, you know, to come in here after the fax.
Speaker 5I didn't know it's been here for 30 years or 20 years or 15 years. The fence was just replaced. If he would've got a permit when it was getting replaced, regardless of where it was 33 years ago, he would've been told that this fence can't be in that location. That being said, we're willing to give Mr. Perella a pretty good variance. The problem is not only is he need a, a va, a variance for the location of fence because it's well exceeds the front yard setback requirement for six foot solid fences. The problem is the fence is actually located in the Township right away, which we don't allow. So the fence is on Township right away property, you know, at, at a bare minimum, what I'm asking is that the fence has to be relocated so that it's on his property. I'm willing to, I personally think it should be at least five feet off the property line.
Speaker 5But again, if the board feels that the shed could remain in the location, I believe the shed is close to the right of way line. He may be able to sneak the fence in or move the shed just slightly and, and, and be able to accommodate the fence out of the right of way. Again, I, I feel for Mr. Perella, he got bad advice, but again, that's not an excuse to give a a variance, it's a self-created hardship because he didn't go through the, the proper channels and looking into what was necessary to replace the fence and put up the shed. So that being said, you know, the fact that you did this and did not know that you needed permits isn't a reasoning for the shed and the fence to be in the location that they're in. You need to show this board that there's some kind of hardship why you couldn't put that shed in another location in your property that conforms is what you need to show.
Speaker 5So to me, that shed could easily have been put in the other corner of the property where it wouldn't be in the front yard. You know, the fence, again, it's, it's a corner property. I think a hardship exists for the fence. You would need to encroach probably into the front yard setback at some point to make the yard a little bit more usable. Whether or not you need it to be right up against the property line. We very rarely, as you know, Mr. Chairman give those variances. We usually require that the homeowner locate the fence at usually a minimum of 10 to 15 feet off the property line on, on a corner property. So that being said, I think the fence is gonna have to get relocated because it's in the right of way anyway. It's up to the board's determination, I think, to figure out what the appropriate location is.
Speaker 5Again, the, the other issue is defense is also in the site triangle, which again, is another safety issue. The site triangle is the, the 90 foot by 90 foot triangle created from the center line of the intersecting roadways at this property. So in order to do that, that corner needs to be cut. So if defense was moved back five feet off the property line, that would probably eliminate the site triangle encroachment. But that would have to, you know, somebody would have to check that. And then in order to do that again, the, the shed would probably have to also be moved.
Speaker 1Okay, thank you. Henry.
Speaker 4The shed, the shed was moved by a contractor with a, with a piece of equipment. I don't have that equipment. I'm a 74 year old decorated Vietnam veteran. I and my wife and I are both on social security and we live by month to month. I don't know how I would be able to move the shed. The, the, the other corner that he was talking about is a drive is my driveway that we have the, the family RV parked at. I don't, it took me a year to get somebody to come and replace the fence. I don't know what it's gonna take to, to get somebody to, to move the fence or even be able to move the shed that cuz I, that I'm not able to do. I'm not physically able to do that anymore.
Speaker 1Mr. Perello, is there any way you could still contract contact contractor? Is
Speaker 4He He was, he was su after he put the fence up, he was supposed to come back and fix a couple of things and I've been after him for a year to do that with no result.
Speaker 1Well, I see a lot of ne the negligence is on his behalf where he moved the shed where it wasn't supposed to be and what he did with the fencing as well.
Speaker 4Well, that was the contractor that built the garage. That was 33 years ago. The shed was on the right side of the pr If you're facing the front of the, the front of the house, the shed was on the right side of the property and I kept getting break-ins and we moved the shed. When,
Speaker 1When did you have the stockade fence installed?
Speaker 433 years ago. When, when they did the garage install the garage, the, the contractor that did the driveway also did the fence.
Speaker 1It's unfortunate, but we, we see these cases a lot and we just, unfortunately we have guidelines that we need to abide by. That's our job as a, a zoning board to, to, like I said, abide by these rules unless there's a severe hardship. And unfortunately ignorance is not a severe hardship, whether it be by the contractor or by any, anyone else. So I, I mean, anyone, anyone else on the board have any questions? Are you, are you willing to hear what Henry has to say about moving the fence?
Speaker 4Me? Are you talking to
Speaker 1Me, sir? Yes, I am, sir.
Speaker 4I, I mean, I, I listened to what he, to what he said, but again, I, you know, I don't know how I'm gonna be able to move the, the, the shed or the fence and I'd have to, I'd have to hire a contractor to do that. And we're living on social security right now. My wife and I were both retired. I don't know how I'm gonna be able to do
Speaker 1That. Well, we'll give you, I mean, we'll give you some time. We're not gonna tell you to go out there and do it tomorrow. We could work with you like that. But it, it's clear that some changes need to be made. That being said, anyone else on 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 questions or comments about this? No. One Chairman. Okay. Thank you Ms. Buckle. We close the public portion. Mr. I'd to, yes.
Speaker 5Yeah, like I said, I mean, I'm, I'm willing to work with Mr. Per, but, you know, to the defense, can't stay in the right of way. Again, I, I understand his plate, but the fact of the matter is, again, this was sort of a self-created, this is a self-created hardship. One phone call. And none of this would've been an issue. So I I, I, you know, I understand he's gonna have to now take down a section offense and, and reinstall it. But again, you know that, that, that's a self-created sort of hardship that was created at a bare minimum. I think the board should require the fence to be located outside the, the property line and outside of the site triangle. If the shed is located outside of the right of way and the board wants to allow for the shed to be located in the front yard where it's been for the last 30 something years, according to him, you know, I don't have a huge issue with that.
Speaker 5Okay. I agree, but I, I think at a minimum, and I think in, in, in the spirit of cooperation, you know, at a bare minimum, defense has gotta be located out of the site triangle and it's gotta be located outside the right of way so that it's at least the, on his property. If that means he's gotta tweak the shed six inches or something like that, then he may have to do that. I'm not exactly sure. He had stated that the shed was eight feet, I'm sorry, the shed was 10 feet off. So he may have to, you know, fence up to the corner of the shed. He may not be able to squeeze the, the fence in, you know, along the side of the shed. But, you know, he's gonna have to figure that one out.
Speaker 1Alright, before we take a vote, Mr. Per, would you be willing to do that if we, if we let the shed stay where it is and we just addressed the most egregious violations, which is the moving of the fence and the, the, the easement the right of way. Sorry.
Speaker 4Yes. Well, like I had told the, the, the gentleman Ben in the beginning, you know, tell me what I have to do and I'll try and do it. You know, I don't know how fast I can get it done, but
Speaker 1What Mr. Kinneally, what would be the most time we could give the individual based on the fact that
Speaker 3It's up, it's up to the board to decide on that. There's, there's no legal requirement that'll be done within a certain period of time. So whatever the board finds is reasonable and if the applicant has trouble getting it done within that period of time, he can always ask the board to extend that.
Speaker 1Okay. Mr. Per what, what if we were to give you, well, what if we, we need to give you a year.
Speaker 4That'd be more than enough.
Speaker 1Okay. All right. Well that being said, I'll make a motion to approve the application, leave the shed where it currently is, and Mr. Perella with the help of Henry or anyone else that can give them the proper advice, would get the, the fence moved. And what was the other thing, Henry, you mentioned outside
Speaker 3The right. Outside the
Speaker 5Correct.
Speaker 1Okay. I'd make a motion to approve this application.
Speaker 0Hold a second.
Speaker 1Thank you. Calper.
Speaker 0Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio?
Speaker 1Yes.
Speaker 0Mr. Blan? Yes. Mr. Hidaka?
Speaker 1Yes.
Speaker 0Mr. Mitterando?
Speaker 5Yes.
Speaker 0And Chairman Cahill?
Speaker 1Yes.
Speaker 3Mr. Perelli, your application has been granted with some modifications. We will memorialize it in a written document at our next meeting. You don't need to be present for that. We'll mail that document to you.
Speaker 4Thank you very much. Good
Speaker 1Luck. Good luck, sir.
Speaker 4Thank you.
23-ZB-13V - Deborah Montgomery (Fence in Township Easement) 23-ZB-13V AI  00:17:43 – 00:20:54
Applicant requested variance for fence located in township easement. Applicant acknowledged easement and accepted responsibility for removal and replacement if township requires maintenance access. Board confirmed this scenario is unlikely but necessary to cover as a condition. Application approved unanimously.
Speaker 1Alright, we're gonna move on to item number seven. Item number 7 23 dash ZB dash 13 V. Deborah. My glasses are bad. Sorry. Doco. Dco
Speaker 3Is it,
Speaker 1Is that it?
Speaker 0You need to unmute. You're muted.
Speaker 6Okay, perfect.
Speaker 3I need to swear you in. Could you raise your right hand?
Speaker 6Oh,
Speaker 3You swear that testimony you're about give should be the truth.
Speaker 6Excuse me?
Speaker 3You swear that the testimony, you're give the truth, name and address please.
Speaker 6Debra Montgomery Street. Piscataway.
Speaker 3Thank you. Could you explain to the board what you'd like to do here?
Speaker 6Well, I'm applying for a variance permit so we can cut up our fence.
Speaker 3Can you understand that that fence is gonna be located in a Township easement?
Speaker 6I do.
Speaker 3That's the Township ever needs access to that easement. Your responsible for removing that center. Replacing
Speaker 6It? Yes. Yeah, I, I understand that
Speaker 3Mr. Chairman. It looks like the rest of the variances are resisting.
Speaker 1Yeah, I agree. Henry, you have no more comments on this, correct? No comments? No. No problem at all. Okay. Any other members of the board have any questions to this application? Henry, I'm gonna open to the public. Anyone in the public have any comments or questions about this application?
Speaker 6I have.
Speaker 1Go ahead
Speaker 6Ma'am. I have a question. What would be the circumstance? Under which circumstance would it be for the Township to, to remove the fence? Like what, what would be the scenario for the fence to be removed? Like give me an example.
Speaker 3It would be very unusual for access to the easement to be necessary. If there are buried pipes that need ac, the need maintenance or that break, they may need to dig up the earth in the easement. Okay. It doesn't happen often, but if it does happen, you would be responsible.
Speaker 6Okay. Okay. So, so you think at this point the pipes are still fine?
Speaker 3Yes.
Speaker 6Okay.
Speaker 1This scenario was unlikely, but we have to cover our, our butts so to speak. Okay?
Speaker 6Okay. Okay.
Speaker 1Alright. That being said, I'd make a motion to approve this application. A second. Thank you. Please call the roll.
Speaker 0Mr. Tillery?
Speaker 1Yes.
Speaker 0Mr. Patel? Yes. Mr. O'Reggio?
Speaker 1Yes.
Speaker 0Mr. Blo?
Speaker 1Yes.
Speaker 0Mr. Hay daca? Yes. Mr. Mitterando?
Speaker 1Yes.
Speaker 0And Chairman Cahill?
Speaker 1Yes.
Speaker 3Mr. Doo, your application's been approved. We'll memorialize it in a written document at our next meeting. You don't need to be present for that. We'll mail that document to you.
Speaker 0Thank you very much. Thank
Speaker 1You. Thank you ma'am. Have a good night.
Speaker 0Goodnight. Okay, goodnight.
23-ZB-15V - Sadaf Khali (Above-Ground Pool Variance) 23-ZB-15V AI  00:20:54 – 00:23:28
Applicant requested variance for above-ground pool in backyard. Property has dual frontage with Mettler's Lane creating both front and rear yards, making the backyard technically a front yard. Pool meets all other setback requirements. Zoning officer noted unique property situation creates hardship justifying variance. No public objections. Application approved unanimously.
Speaker 1Let's move on to item number 8 23 dash ZB dash 15 v. Sadaf. Are you Khali?
Speaker 3Is Mr. Dacey present?
Speaker 7Mr. Yes. Present?
Speaker 3I need to swear you in. Could you raise your right hand? Yes. You swear the testimony you're about to give should be the truth.
Speaker 7Yes.
Speaker 3We have your name and address, please.
Speaker 7Sad nine Wembley Place Piscataway, New Jersey 0 8 8 5 4.
Speaker 3Thank you. Ms. Kelly, could you explain to the board what you'd like to do Here?
Speaker 7We're applying for a variance for an above ground pool. Last fall we applied for a variance for a side fence. So right now the backyard is fully fenced. The reason is having two frontages because of Mettler's Lane at the back. So our backyard was considered a front yard. Right now it's fully fenced and we wanted to place an above ground pool, which is the required distance from all sides has been met. And
Speaker 1Okay, we, we know what you, any questions Henry?
Speaker 5Yeah. There again, as stated, this is a, a unique situation. They have a front yard in both the rear and the front. So it, it creates a hardship due to the fact that the backyard faces Mettler's Lane. The pools in a logical location in the rear of the property. And it's more of a technicality that it has two front yards and the location is considered a front yard. Otherwise, she complies with the other requirements for the pool and all the other variance have been granted previously. So I don't see any issues. Okay.
Speaker 1Thank you Mr. Stein. Any other members of the board have any questions for this app? 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. Close the public portion. I'll make a motion to approve this application.
Speaker 0Five. A second,
Speaker 1Please call the roll.
Speaker 0Mr. Tillery?
Speaker 1Yes.
Speaker 0Excuse me. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Dacey? Yes. Mr. Hay daca?
Speaker 1Yes.
Speaker 0Mr. Mitterando? Yes. And Chairman Cahill?
Speaker 1Yes.
Speaker 3Ms. Colleague, 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 and we'll mail that document to you.
Speaker 7Thank you very much. Have a nice evening. Have a good night.
Adoption of Resolutions from February 23, 2023 Meeting AI  00:23:28 – 00:24:35
Board formally adopted resolutions from prior meeting. Cases approved included Lewis, Santo Lopez, and pre-existing nonconforming use request. All resolutions adopted unanimously.
Speaker 1Have a good night. Let's close it up with item number 10. Adoption of resolutions from the regular meeting of February 23rd, 2023.
Speaker 3First resolution is Lewis, for which you voted to approve. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Haka? Yes. Mr. Mitterando? Yes. Next is Santo Lopez, which you voted to approve. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Haya? Yes. Mr. Mitterando? Yes. Next is which you voted to approve. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Hayah? Yes. Mr. Mitterando? Yes. R. Assets which you voted to approve. Mr. Hillary? Yes. Mr. Patel? Yes. Mr. Hayah? Yes. Mr. Mitterando? Yes. You LLC was a request for a preexisting nonconforming use, which you voted to approve. Mr. Pillaring? Yes. Mr. Patel? Yes. Mr. Dacey. Yes. Mr. Mitterando? Yes. Those are all the resolutions I have this evening.
Adoption of Meeting Minutes from February 23, 2023 AI  00:24:35 – 00:24:43
Board approved minutes from previous meeting. Unanimous approval.
Speaker 1Item number 11 is adoption minutes from the regular meeting of February 23rd. 2023. All in favor say aye.
Speaker 3Aye.
Adjournment AI  00:24:43 – 00:25:07
Meeting adjourned. Chairman thanked board members for their time and attendance.
Speaker 1Item 12, adjourn. All in favor. Say
Speaker 3Hi
Speaker 1Tim. Thank you for donating 14 minutes of your time this evening.
Speaker 3It
Speaker 0Was minutes
Speaker 3Than sorry for being so wordy.
Speaker 0Everyone. Goodnight
Speaker 1Guys.
Speaker 3Appreciate Bye-bye.
Speaker 0Bye. Bye Roy.