Transcript for Piscataway Zoning meeting on March 14 2024

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Mar 14 2024 · Zoning
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Meeting Sections
  • 00:00:07 — Meeting Opening & Roll Call
  • 00:01:24 — Agenda Changes & Postponements
  • 00:01:43 — Case 23-ZB-111V - Esh Patel 23-ZB-111V
  • 00:04:59 — Case 23-ZB-110V - Sherry Eames Tucker 23-ZB-110V
  • 00:07:27 — Case 24-ZB-001V - Mirage Duku 24-ZB-001V
  • 00:15:59 — Discussion Item 91-ZB-56V - Mag Yard Bank (171 Le Guard Street) 91-ZB-56V
  • 00:22:42 — Adoption of Resolutions
  • 00:23:26 — Adoption of Minutes
  • 00:23:26 — Adjournment
Meeting Opening & Roll Call AI  00:00:07 – 00:01:24
Zoning Board meeting called to order. Adequate notice of meeting announced through multiple channels (newspaper, municipal building, township clerk, Star Ledger). Full roll call of board members conducted. Pledge of Allegiance recited.
Speaker 0Okay, Mr. Chairman, we're ready.
Speaker 1Okay. Zoning Board of adjustment meeting will please come to order. Adequate notice of this meeting was provided in the following ways. Notice published at Coer News Notice posted on the Bolton Board of Municipal Building Notice made available to the Township clerk notice sent to the COER News and the star ledger. Will the clerk please call the role
Speaker 0Mr. Weisman? Steve, you're mute
Speaker 1Here. I still have
Speaker 2Pictures of there though.
Speaker 0Tim? Mr. Tillery? Here. Mr. Patel? Here. Mr. Regio? Here.
Speaker 2Here.
Speaker 0Mr. Bla. Here. Mr. Haca. He just got home from work. He's coming out. Mr. Mitterando? Here. Mr. Cahill
Speaker 1Here.
Speaker 0And Mr. Chadwick is here.
Speaker 2I'm here.
Speaker 1Will everyone please stand for a salute to the flag over my shoulder.
Speaker 0The pledge allegiance,
Speaker 3The flag to the flag. The United States America. Do we lose one? Republic?
Speaker 0Republic? For which it stands?
Speaker 3Stands? One Nation Nation with Liberty and Justice.
Agenda Changes & Postponements AI  00:01:24 – 00:01:43
Clerk announces two agenda modifications: 100 Lakeview rear matter withdrawn; NBDA one LLC postponed to April 11th with no further notice.
Speaker 1Mr. Kinneally, are there any changes to tonight's agenda?
Speaker 4Yes, there are 100 Lakeview rear will not be heard. That matter has been withdrawn. And anyone here on NBDA one LLC? That matter is listed for April 11th with no further notice. Those are all the changes that I have.
Case 23-ZB-111V - Esh Patel 23-ZB-111V AI  00:01:43 – 00:04:59
Applicant requests variance to install 6×10 storage shed on left side of residence due to property being approximately 90% surrounded by easements. Right side inaccessible due to snow and maintenance equipment storage constraints. Board approves unanimously with standard easement indemnification (applicant bears cost of any township improvements).
Speaker 1Okay, let's go to item number 6 23 dash ZB dash 1 1 1 V. Esh Patel
Speaker 4Esh Patel present?
Speaker 5Yes.
Speaker 4I 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 5Yes.
Speaker 4Your name and address please?
Speaker 5My name is Pri Cape Patel. My address is 20 Grace Place Piscataway, NG 0 8 8 5 4.
Speaker 1Thank
Speaker 4You. You can put your hand down and please explain to the board what you'd like to do here.
Speaker 5Basically I would like to put like six by 10 storage in my home's home. Left-hand side easement. And my home is surrounded by almost 90% easement. And on the other side I have the little space on the right hand side, but that is kind of accessible when snow and other stuff is there. So it's difficult for that, that space to put on. So that's why I'm asking a variance for that small storage.
Speaker 1Mr. Chadwick?
Speaker 2Yes, I've reviewed both Mr. Stein's report and done my own research. There's one single question that I think you addressed it. The reason it's on that side of the house is, is what? Why couldn't it be on the other side of the house?
Speaker 5Well, it's in order to, it's that on a, on on, on a other side. There is no way to why you have to pull out the, like snowblower and other stuff, which is kind of hard because there is, you need to, it's very away from the driveway. So that's what the reason is.
Speaker 2You seem to have sidewalk all around your home.
Speaker 5Is that correct? Yeah. On that one little bit there, but it's like kind of, I, I have to put the gate in front of the home here. Okay. In order to get out.
Speaker 2Alright. The only other thing that is recommended that if the Township has to do any kind of improvements in that easement, they have no responsibilities to replace fencing or anything. Anything else. Are you agreeable to that?
Speaker 5Correct. I will bear the cost for that.
Speaker 1Okay, great.
Speaker 2I have no other comments Mr.
Speaker 1Chadwick. Thank you Mr. Chadwick. Any other members of the board of any questions for this applicant? Hearing none, I'm gonna take it to the public. Anyone in the public have any questions or comments for this individual?
Speaker 0No. One Chairman. Sorry.
Speaker 1Okay. No, no, no. Don't worry, don't worry. I'd make a motion at this point. Close the public portion and I'd make a motion to approve this application. Can I get a second? Thank you. Please call the roll.
Speaker 0Thank you. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Thank you. Yes. Mr. Reio? Yes. Mr. Bla? Yes. Mr. Hika? Not yet. Mr. Mitterando? Yes. And Chairman Cahill? Yes.
Speaker 4Your application's been approved. We'll memorialize it in a written document at our next meeting and send a copy of that document to you.
Speaker 1Good luck.
Speaker 5Thank you. Thank you.
Speaker 1Take care. Have a good night, sir.
Speaker 5Thank you.
Case 23-ZB-110V - Sherry Eames Tucker 23-ZB-110V AI  00:04:59 – 00:07:27
Applicant requests variance to replace existing 6-foot fence on right-facing side of property (facing Conrail railroad and adjacent woods) at same current height. Property is pie-shaped lot at end of cul-de-sac with no streetscape impact. Board approves unanimously.
Speaker 1Let's move on to item number 7 23 dash ZB dash 1 1 0 V. Sherry Ames. Tucker
Speaker 4Is Sherry Eames Tucker present?
Speaker 6Yes. I'm here. I need to
Speaker 4Swear you in. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth?
Speaker 6I do, yes.
Speaker 4Thank you. You can put your name down, gimme your name and address and explain to the board why you're here.
Speaker 6My name is Cherie Eames Tucker. My address is 18 Heidi Court, Piscataway, New Jersey 0 8 8 5 4. The reason why I'm here is I'm requesting a variance to, to replace a six foot fence on the right facing side of my home, which faces the Conrail side in woods is a current fence there and we would just like to replace it and upgrade it at the same height that it is. The reason why we're asking for that, I believe that a four foot fence, a picket fence is required in the front of your yard normally. But we did buy that house with a six foot fence. There's animals, there's woods, unkept woods by Conrail, there's a railroad station. So we would prefer not to see all of those things and keep the fence at the same height that it is.
Speaker 1Mr. Chadwick, could you chime in for a minute? Yes.
Speaker 2I've also reviewed Mr. Stein's report and done my own research and the descriptions. It's a odd shaped lot to start with. It's like a big pie shaped lot, but where she wants to put the fences right along a railroad and it's at the end of a cul-de-sac. So it doesn't have any impact on the streetscape.
Speaker 1Awesome.
Speaker 2I have no other comments.
Speaker 1Thank you John. I appreciate any other members of the board of any questions for this applicant? Hearing none, I'm gonna open it to the public. Anyone in the public have any comments or questions about this application?
Speaker 0No. One Chairman.
Speaker 1Okay. I'll close the public portion and I'd make a motion to approve this application. Can I get a second? I'll
Speaker 2Second.
Speaker 1Thank you. Please call the roll.
Speaker 0Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Bla?
Speaker 2Yes.
Speaker 0Mr. Mitterando? Yes. And Chairman Cahill?
Speaker 1Yes.
Speaker 4Your application's been approved. We'll memorialize it written in a written document at the next meeting and mail a copy of that document to you. Good luck. Thank
Speaker 0You. Thank you.
Case 24-ZB-001V - Mirage Duku 24-ZB-001V AI  00:07:27 – 00:15:59
Application for certificate of non-conformity to continue two-family residential use at 12–14 Church Street in R-0.75 zone (which permits only single-family homes). Applicant submitted comprehensive documentation including 1950 census records and tax records from 1974+ showing continuous two-family use. Property contains two separate units: first floor (1 bedroom, owner-occupied) and second floor (2 bedrooms, rented). Board approves unanimously with condition requiring removal of driveway fence and gate.
Speaker 1Good day. Goodnight. Let's move on to item number eight.
Speaker 0No idea whose that is.
Speaker 1Who?
Speaker 0Okay, continue.
Speaker 1Okay. Item number 8 24 dash ZB dash zero one v Mirage. Duku. Did I put yes. Present?
Speaker 8Yes. Thank you. Mr. Chairman. John Sullivan from the offices of Vest and Sullivan representing Mr. Duku. And Mr. Duku is also present as well. Property here is located at 12 dash 14 Church Street currently improved with a two story, two family dwelling. It also has a garage shed and related site improvements. It's located in the R 0.75 zone district, which as we know allows single family homes, but it does not allow a two-family as a principal permitted use. Our application tonight is for the issuance of a certificate of non-conformity pursuant to the municipal land use law. And that is to continue the use of the property as a two-family dwelling. Along with our application, we did submit several documents we submitted to municipal tax records, which do list the property as a two-family dwelling. Unfortunately, they only went back to 1974 and despite our best death, we couldn't find anything earlier than that.
Speaker 8We were able to locate a census record from 1950 that does show two separate families living at this address. Mr. And Mrs. Lambert and a Mr. And Mrs. Murphy both with children. We produced site photographs, the property survey, the property deed construction permits. We also submitted the contract of sale, multiple listing and the appraisal. And the significance of those was that all of those do indicate that property is a two-family dwelling and that is what Mr. Duku relied on when he purchased the property. We also submitted a set of floor plans showing the two family layout and we submitted several landlord registration certificates, certificates of occupancy and smoke detector, carbon monoxide detector certificates for the property. I do have Mr. Duku available, so perhaps if we could swear him in and I'll have him verify some of what I just said.
Speaker 4Mr. Duku, could you raise your right hand? Do you swear that the testimony you're about to give shall be the truth?
Speaker 9Yes. Yes.
Speaker 8Thank you. Mr. Duku, you are the owner of this particular piece of property?
Speaker 9Yes.
Speaker 8And you've owned that since December of 2016?
Speaker 9Correct.
Speaker 8And I had mentioned the contract of sale, the multiple listing in the appraisal, all showing it as a two-family dwelling. Is that correct?
Speaker 9That's correct.
Speaker 8And prior to buying it, did you visit the site?
Speaker 9Yes.
Speaker 8And was it in fact set up as a two-family dwelling?
Speaker 9Yes, it was.
Speaker 8And did you believe that it was a two-family dwelling?
Speaker 9Yes.
Speaker 8And the survey that we submitted, that's an accurate survey of your property?
Speaker 9Yes.
Speaker 8And that does show the house driveway, garage and shed, are they all still there?
Speaker 9Yes.
Speaker 8And based on the survey and your knowledge of the property, what is the park? The onsite parking capability for the property?
Speaker 9It's about five to seven parking space available.
Speaker 8And you prepared the floor plans that we submitted to the board?
Speaker 9Yes.
Speaker 8And is that an accurate representation of the floor plan of the house?
Speaker 9Yes.
Speaker 8And that shows two units, correct?
Speaker 9Correct.
Speaker 8And starting with the first floor unit, who, who lives there?
Speaker 9I currently occupy the first floor unit.
Speaker 8And would you just explain to the board the, the rooms that are on the first floor?
Speaker 9Yes. The first floor walking into the, the house and the front porch to the left is my door where I, that's the first floor you walking into the living room and then come the dining room to the right is the kitchen straight ahead is the bedroom. And in the kitchen has a bathroom and then the side exit.
Speaker 8Okay. So that unit's a one bedroom.
Speaker 9One bedroom, which I occupied.
Speaker 8And would you, and with regard to the second floor, who resides there?
Speaker 9It's currently rented to Brian's ball, my tenant, which submitted everything.
Speaker 8Okay. And would you just briefly describe the floor plan for that unit?
Speaker 9Yes. To the right, that's 12 Church Street. Once upstairs to the left is a bedroom straight ahead. Is the living room to the right, is the kitchen going back? It's the bathroom. And by the kit into the back of the kitchen, there's a, the second bedroom.
Speaker 8Thank you. And you also submitted the site photographs and they accurately depict the, the home as it existed at that time?
Speaker 9Yes.
Speaker 8And in those photographs, I think the purpose of those was to show that there are two separate entrances for each unit?
Speaker 9Correct.
Speaker 8And so the, and you showed the pictures of the inside of the house showing a separate kitchen, bathroom and bedrooms for each unit.
Speaker 9Correct.
Speaker 8And I believe also to show that there's separate gas and electric meters for each unit.
Speaker 9Correct.
Speaker 8That's all I have for, for oh, one other question. And 10 Church Street next door. Is that a one or a two family home?
Speaker 9That is a two family next door.
Speaker 8Thank you. And in Mr. Herrera's report, Mr. Stein's report, they do recommend that you remove the fence in the gate that are in front of the driveway. Is that something you're willing to go?
Speaker 9Absolutely. Yes.
Speaker 8That is all I have for Mr. Duco.
Speaker 1Okay. Thank you. John Chadwick?
Speaker 2Yes. I reviewed Mr. Stein's report and also reviewed and submitted a report of my own. I have one question. The access and the use of the basement, which apartment has that?
Speaker 9I do
Speaker 2You exclusive to you?
Speaker 9It's only me, yes.
Speaker 2Okay. I Is there a bedroom down there?
Speaker 9There is no bedroom.
Speaker 2So your, your apartment that you live in has one bedroom.
Speaker 9One bedroom, correct.
Speaker 2And the second floor is two bedrooms,
Speaker 9Two bedroom upstairs? Correct. Okay.
Speaker 2If, if the board approves this, I would recommend that be stipulated in the resolution. I have no other comments. I did the same research that Mrs. Sullivan presented to the board early on. It looks as if this house has never been expanded. It was built as you see it in that picture.
Speaker 1Okay. Thank you Mr. Chadwick. Any other members of the board have any questions for this applicant? Hearing none. Do you have any other information about Mr. Sullivan or can I take it to the public?
Speaker 8You could take it to a, to a vote. Mr. Chairman.
Speaker 1Good. Okay. At this point I'm gonna open it up to the public. Anyone in the public portion have any questions or comments for this application? Ms. Buck?
Speaker 0No. One Chairman.
Speaker 1Okay. Close the public portion and I would make a motion to approve this application best on the testimony. I a second motion to help you. I do. Thank you. Okay. Thanks Artie. All right. Put it to call the role please. Ms. Buckley.
Speaker 0Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio? Yes. Mr. Blo? Yes. Mr. Heka? Yes. Mr. Bardo? Yes. And Chairman Cale?
Speaker 1Yes. Mr. Sullivan. We'll memorialize this at our next meeting and send it to you.
Speaker 8Okay? Thank you very much. Have a good night.
Discussion Item 91-ZB-56V - Mag Yard Bank (171 Le Guard Street) 91-ZB-56V AI  00:15:59 – 00:22:40
Bank representative discusses rescinding two conditions from 1992 resolution relating to landscape business variance originally approved in 1982. Property has been dormant ~32 years. Requests elimination of: (1) December 31, 1992 compliance deadline (long expired), and (2) revised lighting plans requirement. Future operators would still require site plan approval and must comply with all remaining resolution conditions. Board votes unanimously to rescind both requested conditions.
Speaker 1You too, sir. Take, thank you. Let's double back to item number five. It's discussion. The 91 dash ZB dash 56 V.
Speaker 11I'm dismissing you. Alright,
Speaker 10Thank you. Good evening Mr. Chairman. Members of the board. I was running in from another meeting that actually did not go off due to a lack of a quorum. So I'm happy to get back in time and I appreciate you circling back to me. I represent Mag Yard Bank. This is a discussion item and we appreciate your indulgence. It's property known as 1 71 Le Guard Street in Piscataway. The bank has owned this property since 2019. By way of some background, there was a prior property owner years ago that received a approval 1982 to conduct a landscape business out of this property. Received use variance from use variance approval from the board back in 1982. But he never had a site plan approval. So fast forward 10 years to 1992
Speaker 10Certain conditions and then the applicant never fulfilled those conditions that actually went out of business. Cease o cease operations. That resolution of 1992 goes back some 32 years. It's my understanding that the property's been dormant for a period of time. The bank actually acquired this property from that landowner who went out of business years later. The bank is not in the business of owning properties and they're certainly looking to move the property on. And it's received some inquiries from parties that are seeking to go and revitalize, otherwise reopen the site for business operations. But we have this 1992 resolution that has certain conditions. So I'm before you this evening for two very specific items requesting that the board consider eliminating and rescinding two conditions of that 1992 resolution. One of those conditions, and I supplied a copy of the resolution to the board when I made this request, is a, is a timeframe condition.
Speaker 10The resolution in 1992 required that the applicant at that time fulfill all conditions by December 31st, 1992, or the approval shall expire. And I gotta believe the reason for that is was because the person was operating without a site plan approval. And when the board approved that they wanted the guy to move smartly and act quickly, that just didn't happen. But if that condition was eliminated, it would give the opportunity for someone else to come in and try to comply with the remaining conditions in order to fulfill them and otherwise move forward to reopen and operate the site. The other condition we're asking for relief from is condition C lighting. Now look, this goes back to 1992. It was a different time, but we're asking that the submission of revised plans for lighting be eliminated. The property does abut a neighbor, other neighboring residential properties. And it would be our position if we, this position could be eliminated.
Speaker 10It would minimize the potential for negative lighting and otherwise minimize the perceived presence of business operations at this property, which is kind of a long residential area. Now, if the board were to look favorably and rescind these two conditions, that would've no impairment on the rest of the resolution. And anybody that would come in to try to utilize the site would have to comply with all the other resolution requirements of that 1992 rel resolution or they wouldn't be able to move forward to operate. So, but if they're eliminated, I think it presents an opportunity for someone to come in and reopen the site and fulfill, fulfill those conditions by a new owner. And of course, if this property becomes active again, gonna get spruced up, revitalized some much needed maintenance and repairs that a typical operator that would engage in and would also, I think, provide an improved tax rateable for the municipality. And at the same time, also reopen or bringing a new business to the property for the benefit of the community as a whole. So that's really our request before you as the discussion item. And if there are any questions or comments, I would invite them now and we appreciate your consideration of this request.
Speaker 1I would defer to John Chadwick if you had any concerns or questions. John, my
Speaker 2My first question would be really, I guess a question to Jim, is this variance still alive on this property if they didn't comply with certain timeframes that were set forth in the 92 resolution? Doesn't this expire?
Speaker 4If the board eliminates that condition, then that takes care of the expiration.
Speaker 2Okay. But we still don't have a site plan.
Speaker 4No. If anybody wants to come in and operate there, they're still gonna have to have site plan approval
Speaker 2And fulfill the remaining, the use vari the use variance for a landscaping business is vested.
Speaker 4Yes.
Speaker 2If, if we eliminate the timeframe,
Speaker 4Yes.
Speaker 2But they can't do anything until they get a site plan.
Speaker 4Correct.
Speaker 2Those are the questions I have, Mr. Chairman.
Speaker 1Thanks John. Appreciate it. Any other members of the board have any questions or comments? Do I have to open it to the public? Jim,
Speaker 4You, you should.
Speaker 1Okay. At this point I'll open it to the public for any comments or questions about this discussion. Ms. Buckley?
Speaker 0No. One Chairman.
Speaker 1Okay. Close the public portion. I'd make a motion to rescind the two conditions. Can I get a second? I'll second it. Okay. Please call the roll.
Speaker 0Mr. Weisman?
Speaker 4Yes.
Speaker 0Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio. Hey Adam? Yes. Thank you Mr. Blo. Okay, we're almost over there. Mr. Blo? Yes. Mr. Hika?
Speaker 1Yes.
Speaker 0Mr. Mitterando? Yes. And Chairman. Cahill?
Speaker 1Yes.
Speaker 4Thank you. A resolution Mr. Morriss.
Speaker 2Very welcome.
Speaker 4Thank you.
Speaker 1Have a good night, sir. Have a good
Speaker 2Night
Speaker 0Everyone. Have a good night, Mr. Morriss. Thank
Adoption of Resolutions AI  00:22:42 – 00:23:23
Board formally adopts resolutions from January 25, 2024 regular meeting: Rolando Solis resolution and NYSMSА Verizon Wireless resolution. Roll call vote taken; all members vote in favor.
Speaker 1You. Let's move on to item number 10, the adoption of the resolutions from the regular meeting of January 25th, 2024.
Speaker 4First resolution is Rolando Solis, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Mitterando? Yes. Chairman. Cahill?
Speaker 1Yes.
Speaker 4Next resolution is N-Y-S-M-S-A, Verizon Wireless, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Duka? Yes. Mr. Mitterando? Yes. Chairman. Cahill?
Speaker 1Yes.
Speaker 4That's all the resolutions that I have this evening.
Adoption of Minutes AI  00:23:26 – 00:23:26
Board adopts minutes from January 25, 2024 meeting by voice vote (all members vote in favor).
Adjournment AI  00:23:26 – 00:23:26
Board votes to adjourn meeting. Chairman thanks board members and public for participation and announces next meeting scheduled for March 28th (two weeks away).
Speaker 1Okay. Item number 11, adoption of the minutes from January 25th. 2024. All in favor say aye. Aye. Aye. Aye. Item number 12, notice of adjournment. All in favor say A. A. Aye. Aye. Aye. Aye. Alright guys, thanks once again. Great job, job. Thanks for coming out, for participating and we'll see you. And then, what is it? The next lure? March 28th. When's the next meeting? Two weeks. March 28th. Okay. See you guys. A great job, Jim. Have a good evening everyone. Have a good.