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Apr 9 2026 · Zoning
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Meeting Sections
  • 00:00:07 — Meeting Opening, Roll Call, and Pledge of Allegiance
  • 00:01:02 — 25-ZB-82: Alfredo Pagan - Fence, Pool, and Deck Variance 25-ZB-82
  • 00:11:34 — 26-ZB-09V: Michael and Aldo Thompson - HVAC Condensing Units and Fence Encroachment (Carried) 26-ZB-09V
  • 00:32:26 — 26-ZB-11V: Joanna and Edward Tarantino - Deck, Hot Tub, and Gazebo Variances 26-ZB-11V
  • 00:42:25 — Adoption of Resolutions
  • 00:42:31 — Adoption of Minutes
  • 00:42:43 — Adjournment
Meeting Opening, Roll Call, and Pledge of Allegiance AI  00:00:07 – 00:01:02
Meeting called to order with notice of meeting confirmed. Board members called to roll, Pledge of Allegiance recited. No changes to the agenda.
William Mitterando 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 in the Bolton Board in municipal Building Notice made available to the township clerk Notice sent to the Courier News and the star ledger. Will the clerk please call the roll?
Laura Buckley (Clerk) Mr. Weisman? Here. Mr. Tillery? Here. Mr. Patel. Mr. Regio?
William Mitterando Here.
Laura Buckley (Clerk) Mr. Blanc. Mr. Mitterando? Here. Mr. Elli here and Chairman Cahill.
William Mitterando Here, will everyone please stand to assume to the flag a pledge allegiance to the flag for the United States of America and to the Republic for which it stands, it one Nation under God individual. Mr. Kalel, do we have any changes to tonight's agenda?
Speaker 2 There are no changes to the agenda tonight.
25-ZB-82: Alfredo Pagan - Fence, Pool, and Deck Variance 25-ZB-82 AI  00:01:02 – 00:11:34
Applicant sought variance to rebuild a fence that had blown down, replacing it in the same location at the side setback near Curtis and Mansfield intersection. Staff discovered unpermitted pool, deck, and sheds during review; applicant's contractor failed to obtain proper permits. Board voted conditional approval: fence must be moved off Curtis or modified to 4-foot 50% solid; pool and deck must obtain building department permits or be removed if denied.
William Mitterando Thank you, sir. Let's start off then with item number 6 25 dash ZB dash 82. Vreo, pagan
Speaker 2 Alfredo. Pagan present.
Laura Buckley (Clerk) He is not. Mr. Pagan has been trying to get his notices done for many, many, many, many months and he finally got them done, but I wasn't sure if he was actually going to show up this evening.
William Mitterando Well, let's move on to item. Let's move on to item number seven in case he does join us. Item number seven is 26 dash ZB dash zero nine V. Michael,
Laura Buckley (Clerk) He's here.
William Mitterando Okay, Mr. You're on
Laura Buckley (Clerk) Four.
William Mitterando I see him. Mr. Pagan,
Speaker 2 Are you present?
Speaker 3 Hey,
Speaker 2 Mr. Pagan, I need to swear you in. Could you raise your right hand? Do you swear that the testimony you're about to give shall be the truth?
Speaker 3 Yes, sir.
Speaker 2 Okay. You can put your hand down. Explain to the board why you're here, please.
Speaker 3 I am here. P the, the summit that you guys gimme for the fence.
Speaker 2 Mr. Chairman, you may wanna check with Mr. Ms. Rahi to explain what's going on
William Mitterando Here. Yeah, I think it's a little bit more than that to be honest with you, but yeah. Jonathan, can you jump in here?
Jonathan Rahi (Planner) Certainly when the applicant came in for the rectify the summons, we picked up a pool and a deck as well as sheds that are non-conforming. At a bare minimum, the fence needs to move in to avoid the side triangle of the intersection of Curtis and Mansfield. Mr. Pgan, have you received and read the staff report dated November 19th, 2025?
Speaker 3 Yes, I read it eight days and like I said, I, I don't, I just got the house and the fence was taken down from the, with the wind and everything, and I put a new, a new fence right where the other one was. Yes, I that I even told 'em that when I went to them, that I had the pool and the deck because I didn't wait for you guys to come in and there, I, I told them that I got that.
Jonathan Rahi (Planner) Okay. And there's no permits for the pool or the deck?
Speaker 3 It's that well, companies haven't come and stolen. They should have, they should have put it in everything in,
Jonathan Rahi (Planner) And they did not.
Speaker 3 Okay. And, and the fence too. The company shoulda came and told me that everything was okay. So, you know what I mean? Like I said, this is the first time that I in my home, so I don't really know much about all these rules.
Jonathan Rahi (Planner) Okay. When you had, when you had the pool, the deck and the fence installed? No, no permits were found in our records for them. So what we'll do is what the staff is recommending, the fence will need to be moved in off of Curtis and potentially angle at the corner of Curtis and Mansfield to clear the site triangle. And you're going to need to seek approval from the construction department for the pool and the deck.
Speaker 3 Okay.
Jonathan Rahi (Planner) If the, if the deck or the pool gets denied by the construction department, it all needs to come out.
Speaker 3 Wow. You know, that's why, sorry, I hired the company. So they should have put all the, the requirement because they are the one who know what to be done with the pool. They
Jonathan Rahi (Planner) Should, but they, yeah, I, I agree.
Speaker 3 The fact, the fact that
William Mitterando They didn't, you, you should possibly seek counsel and, and maybe sue this company that did not provide those permits. 'cause they, they left you with, they left you holding the bags is what they did. At this point.
Speaker 3 I, I, my lawyer told me that he wanna see what is going on with you guys, you know, see what it then, because he, I give him all the paperwork from the company, from the pool and the company, from the fence and like, I really don't know because the pool, the guy who installed the pool, I give him medicine and he said, yeah, we're gonna put it in. I myself took the paper to you guys and some reason it was sent to his house. And when I talked to the young lady, where you guys at, she told me yes, I sent them the paper to him because I need more, more waiting in the, in the contract. And he called me, said, listen, I got got the, I got the, I got the paperwork, I think it's good to go. So, you know what I mean? Like I said, this is my first time that I buy a house and
William Mitterando Understood.
Speaker 3 And the guy said everything is good. So they came in, I said, great. I mean, if he, so I said, okay, and it was not a
William Mitterando Mr. Beard. It still might be good if, if you are grant, if our billing department grants you the permits, you, you, you can keep it the way it is with the exception of the fence that Jonathan mentioned. That's gotta be moved.
Jonathan Rahi (Planner) But, and, and, and to that end, Mr. Chairman, if he does wanna change the fence to a four foot, 50% open fence, because it does seem with the deck you are seeing over that fence anyway. Right. If he does, if he does wanna change to a a four foot 50% solid fence, alleviating the need for the variance for the fence, we can resolve this matter with the pool and the deck.
Speaker 3 I willing to work with you guys because you know, I mean, it's a lot of money involved over here and I am willing to work with you guys to, if I have to cut it down to, to the fence and make it a thing, if I have to do that, you guys recommend me do that. I am willing to work with you guys. Like I said, I don't wanna lose all this money because it's crazy. You know what I mean?
Jonathan Rahi (Planner) S So to that end, I'll recommend that we conditionally approve the application for the process to begin for the construction department to do permitting for the deck in the pool. We'll see how the construction department finds the condition of the deck in the pool, and then we can pick it up from there and we can administratively advance this. And again, if just for the board's purpose, if the construction department deems some unacceptable, they'll be removed. If they are acceptable, Mr. Pagan and the staff will work out either modifying the fence to alleviate the need for the variance or moving the fence so he can retain the six foot fence with a modified setback off of Curtis.
Speaker 3 Like I
William Mitterando Said,
Speaker 3 I am willing to work with you guys. What I mean, I I paid the company, they shoulda have other requirements from you guys to tell me that it's okay to put the pool. If they would've told me no, I don't got no permit, I would've never put pool.
William Mitterando Understood sir. At this point, I think it's your best interest to work with the billing department, get those permits, and if they are approved, then you'll sit with Jonathan and the rest of my department and work out what solutions you wanna do with the fence. Okay. So I, I think for tonight that's the best solution.
Speaker 3 Yeah, I, I really appreciate anything that you guys can do. I am willing to work with you guys.
William Mitterando Okay.
Speaker 3 Like I said, I'm willing to work with you.
William Mitterando Understood. And we appreciate that a lot. A lot of residents don't reach across the aisle, so to speak. No, thank you Ms.
Speaker 3 I understand. And like I said, I thought that I didn't do nothing wrong from the putting the fence there because was the fence there and the, she was already there from the house when I bought it, so you know what I mean. I am that here, but
William Mitterando Well, if, if somebody before you had the house and put up an illegal fence and the fence blows down, it doesn't give you the right to put up a new fence in that same spot again. Buyer beware, it's your first house. I appreciate that. That's why this board is bending over backwards to not deny your, your claim tonight or your application, but we're gonna work with you. Just we, there are certain steps we have to take first look, first things we gotta do, get to the building department and get them out there to do the inspections on the deck in the pool and then we'll work from there.
Speaker 3 I appreciate that. I
William Mitterando No problem at all, sir, you
Speaker 3 Guys.
William Mitterando Thank you. Okay,
Speaker 3 Thank you very much.
William Mitterando Good. Take a vote on
Speaker 2 Open it to the public.
William Mitterando Yes. Any other members of the board have 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? Lori, you muted?
Laura Buckley (Clerk) You and Courtney me
William Mitterando Think No,
Laura Buckley (Clerk) There's no one in the public chairman.
William Mitterando Thank you. I appreciate that. I'm gonna close the public portion and I make a motion to approve the application in a second. I'll second it. Thank you. All the roll please.
Laura Buckley (Clerk) Mr. Weisman?
Speaker 5 Yes. With the, with the statements that with said we're not approving the, we're not granting the relief we're, we're
William Mitterando Conditional, conditional
Speaker 2 Approval depending on whether or not he gets his building department approvals.
William Mitterando Yes. I should clarified that. I'm sorry. Mr. Weisman. Thank
Speaker 5 You. Yes, thank you. Vote yes.
Laura Buckley (Clerk) Mr. Tillery? Yes. Mr. Regio? Yes. Yes. Mr. Mitterando? Yes. Mr. Ellie? Yes. And Chairman Cahill?
William Mitterando Yes.
Speaker 2 For God, you've received the conditional approval. You need to go to the building department, apply for the permits for the pool and the deck and proceed with that procedure.
Speaker 3 I really appreciate that. Thank you very much. Good
26-ZB-09V: Michael and Aldo Thompson - HVAC Condensing Units and Fence Encroachment (Carried) 26-ZB-09V AI  00:11:34 – 00:32:26
Applicants sought to retain HVAC condensing units and a front fence within a utility easement on a corner lot; contractor miscommunication resulted in lack of permits. Staff opposed structures in the easement and noted fence encroaches on both easement and public right-of-way. Board recommended applicants consult with engineer and contractor about feasibility of bracket-mounting units to house or relocating to rear yard, with case carried to April 23 with no further notice.
William Mitterando Luck. Good luck, sir. Yep. Item number 7 22 26 dash ZB dash zero nine V. You're done. Michael and Al Dora Thompson.
Speaker 2 Michael and Al Dora Thompson. Present.
William Mitterando You're muted.
Speaker 2 Michael and Aldo to Thompson please. They're on the screen. They just,
Speaker 6 Their mic is muted.
Speaker 7 You have to unmute. There it is. Yes, we're here.
Speaker 6 Hi. Hi. How you
Speaker 2 Doing? Before you in, could you each raise your right hand? Yes.
Speaker 6 Can you see
Speaker 2 It? Swear that the testimony you're about to give should be the truth?
Speaker 6 Yes. Yes.
Speaker 2 Thank you. Put your hands down and one of you explain to the board what you'd like to do here.
Speaker 6 We would like to keep the condensing unit on the side of the front of the easement. We had told our contractor who is a hvac and I gave him also the survey to show about the easement. And he told me that he understood the condition, you know, that the air condition is not on the cer the easement. So I found out that, that the, the air condition or the condensing units is on the easement and for us to remove the condensing unit is gonna be very expensive. It would have to go in the back of the house. And that means it would require major construction inside the house. We have sheet rock in the basement. It's a finished basement and it would, it's four condensing units. And we did ask about if they could be hanged up on the side of the house. And he said that the, the contractor said that he cannot put the condensing unit because it, they too heavy on the side of the house. I asked him can it be on some kind of, if he could lift it up, what, what be the remedy to what Correct the, the, the condition unit. And he really don't have a true answer to it. That's one of the issues that we have with the condition. I mean the ag conditioners is the, also the fence.
Speaker 7 We're in the corner
Speaker 6 Lot and we are also on the corner lot as well. We also have a fence in the front. At the time when I took out the permit, I did a circle driveway and I, I had a lawyer, Andrew Baron, who was our attorney at the time, and I told him about the defense and in the front, and evidently the fence is not on. I believe it's is on the easement too. And
Speaker 7 We didn't know it was not, yeah, we didn't know. It was not on the permit at the time, but we did file one for the fence as well.
Speaker 6 So I also asking the board to consider that it would be responsible to, if the township needs to get to the easement or the right of way, that we'll be responsible to remove the, the fence if they'll allow us and needs and the in the condensing units as well. One thing I just wanted to share with the board before y'all make a decision, we had an accident at the house where a person was, a young person who was driving. He was, I believe he was eight under 18:00 AM I he was under eight. He was 18. No, he was under, he was 18. He was under age. He was under age. And he hit the township fence and went through our fence and hit the cade unit, which almost hit hit the house. And our house, the, we have superior walls and I believe that the condensing unit has saved that side of the house and been many accidents on that corner lot with the township fence.
Speaker 6 And one of the neighbors across the street from us, right directly right in front of, on the side of us, a car was speeding and went right into the side of his house in the garage. And he was one of our neighbors and he charged him with a DUI. And I have pictures that showed that. And the, the police report, this accident did happen and I believe that that would save that side of the house and it would've caused us more damage on the side of the house. And I'm asking the board if they were considered allowing us to keep everything where it's at. If y'all need to get access to it, we would be responsible to remove it. That's pretty much it.
Jonathan Rahi (Planner) Thank you Mr. Thompson. Jonathan, you wanna jump in here for a sec? Sure. So the township is comfortable with granting a memorandum of restriction for the fence located within the easement on private property. However, there is a portion of the fence that extends into the public right of way and it's off of your property. So that that portion needs to be reconfigured so that it's out of the public right away. So I understand it is a, it is a corner lot, but if you look on the survey it is, it's, it's curved on that corner between right on the corner of woodlake. So that fence that goes out in a rectal linear corner, it needs to conform with that curved property line.
Speaker 6 Oh, I see you're saying the angle or the
Jonathan Rahi (Planner) Angle? Yeah. So it needs to go on an angle. Once it's on a, once it's on an angle, we will, we will have you enter a, a memorandum of restriction, which just says that if we need to access the easement at your cost, the fence will be, or any other improvement in the easement will be taken out and put back in at your cost.
Speaker 6 Okay. Okay.
Jonathan Rahi (Planner) So that handles the easement and the fence for the air conditioner condensers. We, we just don't feel comfortable with them being in the easement, hanging them on the house. Was, was our best shot, our best idea of, of making this work just 'cause it would be elevated off of the ground. So it would still, 'cause I agree with you, it's gonna be, it's gonna be a bigger project with the finished basement and rerouting all those condenser lines to relocate them. So having them hang on the house was our, was our best, best idea of making this work. So if that's not, if that's not feasible, our our next recommendation would be to relocate the condensers to the rear of the house. Would
Speaker 7 There, would there be any way to elevate them up without hanging them off the house just so they're off the easement?
Jonathan Rahi (Planner) They would have to, they would have to be hung in a way where there's no structure on the ground in the easement. So that would mean hanging it off the, the bracket or the shelf, whatever you wanna call it would have to be hung off the house. So it, I understand if it's too heavy, that might mean that there has to be some work done to the garage wall. I'm not sure. So no, no,
Speaker 7 It has to go from the side of the house all the way around to the back because the, some of the units are in the attic. Attic, right. And yes, so we'd have to, we'd
Speaker 6 Have to, it's two at it's two, it's two, it's two con. The furnace is in the attic. There's two furnace in the attic. It's two furnace in the basement and it's going towards the side of the house. So they put the, the furnace where the old furnace was at before. And so that's what they did. And then to run a, to, to move the condensing unit, you talking about tearing up the sheet rock going into the superior walls, then you talking about going to the master bedroom, running the lines coming down that way to bring it on the, the east, I mean the back of the house. And we have moved pretty much everything that the town should require us to do far as the shed, far as everything you asked us to do. And basically this is, you know, I I feel like this is, this part right here is not even my fault.
Speaker 6 It is the, the, the contractor who I, I can't, I mean I didn't know he didn't understand how to read a survey, but I gave him the copy of the survey and I, I asked him, are you sure that it is not on the easement? And he came to the township to building department and also I think that was the engineering as well, engineering. And so we, you know, I mean to, to remove it off the easement. The easement been like this probably be like this since 1979 I believe. And I didn't know anything with the township had used the, the easement. I'll be willing to sign the contract and move the condition unit if they have to get into the, to the easement. But also just, just be mindful that, you know, if someone, if I'm in the basement and I'm losing, I have access towards my, the gym area I have and the car go through there and I get killed.
Speaker 6 You know, that's the only thing I think I'll be really worried about because there's so many accidents and they be stealing down the street on Drake and, and and on woodlake. And I feel like the fence is really protecting it, have a chance. And I have pictures of the car going into our house and I have pictures of the fence. I have pictures of the township fence on our property. So I have all the things that show that there been so many accidents over here. And to me I think that on safety, I think the fence have, I have an opportunity to save my house and not seeing the house fall apart. So with the condensing unit, it showed where the car actually saved the house by hitting, I mean the car hitting the condensing unit and the condensing unit was saving the house on the side of the house. So I just wanted to take consideration of that as well.
Jonathan Rahi (Planner) Okay. I think Sean, how do you wanna proceed with this?
William Mitterando Your recommendation is to move it to the back. I mean unfortunately just like the first applicant, they were lied to or, or misled by their contractor. But that's, that's something that has to be buyer beware. Unfortunately, if you want the Thompsons, you might want to contact another construction company and see if they have a load bearing brace or bracket that you could put the condensers up on the side of the house rather than, you know, go through the cost of relocating into the back of the property. But my, my experts are pretty strong in thinking that, that these condensers have to get off the ground over the easement.
Speaker 6 I-I-I-I-I understand that and I appreciate that Sean. Can they run a cooling line all around on the side of the house? It's gonna look ugly to the back, to the back.
William Mitterando I, I'm not an expert in that. I don't know if anybody else board
Speaker 6 Is other gentleman. He's an engineer. The one I was just talking to,
Jonathan Rahi (Planner) I'm a landscape architect. So I, my my understanding is
Speaker 6 Can I run like a cooling
Jonathan Rahi (Planner) Line run the, if you, you're talking about relocating the condensers and then running and then running a cooling line from the relocated position around the house. So that way you're not penetrating the, the structural wall in a second location. Correct.
William Mitterando Do you wanna put this,
Jonathan Rahi (Planner) I'd imagine it would, I'd imagine it'd have to be buried in some fashion. I don't think we'd want it to be out in the open look, I can consult with our township engineer and see if that's, see if that's acceptable.
Speaker 6 Okay.
Speaker 7 'cause that if that could be done, that would be an easier option.
Speaker 6 Easy fix maybe easier fix. I don't know how that would be officially for cooling the house. Especially, you know, I am pretty much, I have cancer and I'm at stage four and I'm getting to where the hot season. So I'm trying to, you know, when summer comes, I'm going to be in the world trouble and you know, at this point of my stage, I just cannot afford, I mean if I had to do a hospice here and not the hospital, I mean this is, I mean I don't understand about the lawyer. That part I understand, I understand about that. I understand about going out to the contractor. But you know, this is, I understand this is not my fault 'cause I didn't fill out the application for HVAC and he filled out the application. I gave him the survey far as the survey concerned for the condensing unit. I understand that. I have one question for Sean. Sure. You saying that you want me to, you agree to remove the, the condenser unit and to put it in the back or, or hang it, have a bracket and I have to tell the the HVAC guy if he can hang it on the side of the house, but he's
Speaker 7 Also gonna check to see if
Speaker 6 Right.
Speaker 7 If we can use the
Speaker 6 Pipeline around the house. Right. And but I was gonna ask him was that if the township, 'cause I don't understand like on the front of the, or the side of the house, are we responsible to take care of the lot as well? Because it had, it haven't been maintained since we've been, we've been maintaining since 2013 we've been maintaining that property and they be cutting the grass on the side on Drake and we've been taking care of the property on, on, on Drake. I guess that, I guess that considered that Drake was that? Yeah, that's Drake. That's Drake, okay. That's the front property. So are we responsible for that as well? Because I don't know because they stopped cutting the grass and I thought because we have a front, the side front, are we responsible for taking care of that
Jonathan Rahi (Planner) John?
William Mitterando They're not, they're not responsible for taking care of a property that's not in their, their
Jonathan Rahi (Planner) Footprint. My my understanding is it's the easement property is is theirs. It's, it's reserved for the right, for the township to go onto it for municipal purposes. Unless they're talking about
Speaker 6 What Oh, so
William Mitterando It goes, they're not maintaining it doesn't mean that it's still not ours,
Speaker 6 Right? That's No, no. What I'm asking you, you said you talking
Jonathan Rahi (Planner) About outside
Speaker 6 The fence. I'm sorry, outside the fence. You're
Jonathan Rahi (Planner) Talking outside
Speaker 6 The fence. Outside the fence too. Because if I'm taking care of the out on the outside of that fence and the inside and y'all guys can agree to if you have to, I mean the, with the condensing unit, what I'm saying is if it could stay there and it's not bothering nobody and it's not bothering the township, you are having not use that act. It is over 40 years now and you haven't, if we had to move it, what we are saying is we can move it out the way the township have to use the, the accent of the easement. We can move it out the way. The same thing with the fence on both. We have been here for, I've been here since 1983. So I mean I'll be able to remove it the same way. I would have to remove the fence and that will save every, I mean I'm signing a contract with the township saying that I'll remove the fence if you have to get there. You have, you have, if you have to use it. I'll do the same thing with the contention unit.
Jonathan Rahi (Planner) I think there's a difference between a fence that can be a post that can be installed straight directly into the earth versus something with HVAC components. Laura, are we for the 23rd? Is there, is there a space if we wanna carry this?
Laura Buckley (Clerk) Well yeah. 'cause everybody else keeps postponing so why
Jonathan Rahi (Planner) Not? So my recommendation, my recommendation now is I'll maybe the Thompson should advise, consult their attorney and maybe another contractor. I agree. See what relocating the condenser units to the rear yard and installing that condenser line along the rear of the house, what that's gonna look like for efficiency for the system. And that'll gimme time to consult with the engineering department on the feasibility of installing or trenching that line very in a small way in the easement. And then we can reconvene on the 23rd once we have a little bit more information. Is that enough time for you both to get
Speaker 6 Information?
Speaker 6 Oh, I can get this done tomorrow. But I have a question. You set the fences inside the earth. The pad is on top of the, I mean the pads is on the earth and the condensing unit is on top of the pad and the lines is going into the house, which if they have to remove the condensing unit, I just want you what you just said to me, the condensing is very easy to remove than defense. 'cause you gotta take down and you gotta go into the earth. You don't have to go into the earth with the condensing unit, the condition unit have a pad, it's a plastic plant and all you gotta do is, is just take that out and cut the line.
Jonathan Rahi (Planner) I'm talking about the line. If we don't want have the line sitting above grade for
William Mitterando The line. No, I'm
Speaker 6 Saying, is that right? What I'm asking you is if the, if the, the line is on the house and they have to take the line. If it's not touching the earth and it's only touching the condensing unit and the, the, the HVAC guy only had to do is touc cut the, the the coil, the the, is the, if they haven't cut that, then that's, that's an easy fix. I don't think that the condensing unit or it's in planted inside the earth. Like you said, the fence is planted inside the earth and that's the easy removal. It's the condensing unit is the easy removal because all they gotta do is cut the line and then move the, the condenser unit off the property. That's the
William Mitterando Okay. Mike, Mike, I I think the, the best solution to do right now is to kick this can down the road for two weeks. Okay. We, we get together on the 23rd and we'll have better answers for you and we'll have clarification on this end as well. So we make the right decision for both parties.
Speaker 6 Okay. I I do appreciate that and I'm just, if y'all guys just take consideration what I just said because I'm just listening to what he just said about defense and the earth with pat. Understood. Okay. So take that consideration, cutting that the line and then moving them out the way then.
Jonathan Rahi (Planner) Alright, so 4 23 with no further notice. Anyone
Speaker 2 Here on this application, it's gonna be carried to April 23rd with no further notice by the applicant.
William Mitterando We'll see you in two weeks guys. Alright.
Speaker 6 I appreciate you. Thank you so much.
26-ZB-11V: Joanna and Edward Tarantino - Deck, Hot Tub, and Gazebo Variances 26-ZB-11V AI  00:32:26 – 00:42:25
Applicants requested variances for deck (5-foot setback), hot tub (6-foot setback), and gazebo (7-foot setback) on a corner lot; staff noted unpermitted gazebo with barbecue and screened porch conversion from prior owners. Applicants agreed to position hot tub 7 feet from fence and obtain building permits for gazebo and screened porch conversion. Board voted unanimous approval with conditions; approval to be memorialized in written decision at next meeting.
William Mitterando Take care. Let's move on now. Item number 8 26 dash ZB dash 11 v Gianna Tarantino. Did I say that right,
Speaker 8 Joanna? Yes.
Speaker 2 Okay. I I need to swear you in. Are you both gonna be testifying? Yes. Yeah, each raise your right hand,
Speaker 9 Your
Speaker 8 Left. I'm lefty.
Speaker 2 Do, do you swear that the testimony you're about to give should be the truth?
Speaker 8 Yes. Yes.
Speaker 2 Okay. One at a time. Could I have your name and address please?
Speaker 8 Joanna Tarantino. 11 Boxwood Road, Piscataway,
Speaker 9 Edward Tarantino, 11 Boxwood Road, Piscataway, New Jersey.
Speaker 2 Thank you. Could one of you explain to the board what you'd like to do here?
Speaker 9 So we're just going over, we had some variances that we put in for a deck and deck, a gazebo and a hot tub. So the, the deck it basically, we had a small structure about 22, 23 inches high. I mean, I thought really it was more of a platform than a deck. When we bought the house had had a hot tub already on there. So the hot tub had broke, we had got rid of it and we were just gonna replace, replace the existing structure, make it a little bit nicer. So we went to apply for permits to upgrade the structure and we found out that that, you know, it was, the deck was not able to be put the, you know, where it was. So we were asking for a five foot setback from the side yard for the, for the deck and then a six foot setback for the hot tub to go on that structure. And then there's a, a seven foot setback for a gazebo. I'm not sure if if that's, if we're gonna go through with that, but if that's not an issue then we would, we would go, you know, put forth the seven foot set back for the gazebo structure.
Speaker 9 So that's,
Speaker 8 And there, there's a platform deck there. Right now it's just like one, one end is what, 19 inches and the other end is like 24. The front. So the front of it's the grading of the property.
Speaker 9 The front of the structure currently is about 10 inches off the ground. And as the property goes towards the, towards the neighbors, you know, towards that side setback, the property is graded on a down downward angle, I guess for water. For runoff.
William Mitterando Runoff. Yeah.
Speaker 9 From the right to the left, all the properties as we see, you know, they grade down. So you know, the front of that structure, like I said, right now is about 10 inches off the ground and the back is about 22 inches off the ground. That's, that's how to level. They have the structure level that you see from, from front, you know, from right to left.
William Mitterando Okay.
Jonathan Rahi (Planner) Jonathan, you wanna give us some expertise here? Yeah, I had the benefit of talking to the applicant during the week. Could, could one of you give a little explanation on the condition of the existing six foot solid vinyl fence?
Speaker 9 It's in great condition. Yeah, the structure is sound. It's, I, you know, keep it white and, and power washed and cleaned and I'm not somebody who, who lets things deteriorate. So if there's ever an issue with anything, it pretty much gets fixed right away. And that's, that's how this fence is right now.
Jonathan Rahi (Planner) Great. On the drawing you provided on the survey, the hot tub is six foot from the fence. Is there enough room to move the hot tub two feet closer to the pool, making it comply with this side yard setback?
Speaker 9 I mean we, it, we could, the only issue is the further that we move the hot tub towards the pool, you know, the, the hot tub itself is 94 by 94, about eight feet, you know, both, both ways and we really, one part of it is to try to keep it at a length away from the pool. We would like to have, you know, a a a a longer distance from that if, if possible. And secondly, the further that we move the hot tub to the right away from the setback and we are trying to have it sit on, you know, footings that were gonna be existing for the deck to also use for the hot tub so that we didn't have to dig more holes and add more, add more footings unnecessarily, you know, in that process.
Jonathan Rahi (Planner) Okay. And this is a hot tub with no external equipment, you just plug it into a appropriate electrical source and everything's self-contained?
Speaker 9 Yeah. Yep. So the, the line is currently so where, you know where the hot tub will be placed, you know where we're asking, there's already all the electric is, is there ready to be hooked up to it? Nothing would've to be moved or dug or adjusted, you know, it is just all in place.
Jonathan Rahi (Planner) Okay. So with respect to the the deck, the deck and the hot tub, if we can try to get the hot tub maybe seven feet, just a little as far away from that fence as possible. I understand the reason why, you know, you want to go over grade instead of doing a patio. That to me is acceptable in connection with the six foot fence as well for the gazebo with the barbecue that's existing on site on the west southwest corner of the property. How tall is that gazebo?
Speaker 9 So the gazebo is on, it's on a, a slant so that the water can run off. So at it, at its height, it's eight feet to seven feet high.
Jonathan Rahi (Planner) Okay. And that's behind the, and that's behind the six foot fence. And there wasn't, and there wasn't permits pulled for that structure?
Speaker 9 No,
Speaker 8 We moved in four years ago and this is the way the backyard was. We did nothing when we moved in.
Speaker 9 Yeah. Okay. We, we could go back, you know, I have, I have surveys from every owner all, we're the fourth owner. I have all the surveys, I have all the paperwork and you know, you could pretty much track back over time
Speaker 8 Who built everything, who,
Speaker 9 Who put things in. And then the next owner bought it and then they knew and then they put some stuff up and then the next owner bought it and they put some stuff up and then we we're here and 40 years later it's like, surprise.
William Mitterando And that seems like the theme of tonight's meeting, quite honestly. It's like
Speaker 9 You wanna pull a permit and do something. Right. And, you know, and then
William Mitterando Jonathan, can we have them pull a permit for the gazebo just for clarification or?
Jonathan Rahi (Planner) Absolutely. So I was, I was actually gonna go into the, the, the porch that got converted into a four seasons room that you, that was before your time, that was converted before you purchased the property.
Speaker 9 Yeah, I mean, and it was promoted by the second owner going into the third owner
Speaker 8 Pre we have the listing. Our, the person that we bought the house from, they kept meticulous records and we keep, we're very organized too, so we, yeah.
Jonathan Rahi (Planner) And the, the original, the original screened in porch structure was permitted back in 1983. We found that record. So what I would recommend is if it's, if the board votes favorably on the application, the applicant would need to get a building and potentially a fire, oh, you don't do the fires in this sound, but a building, a building permit for the gazebo structure with the barbecue and a building, an electrical for the screened in port. Now there's no plumbing in that, that four seasons room?
Speaker 9 No, nothing. Just, okay.
Jonathan Rahi (Planner) So building an electrical for that and make sure for, you know, your safety and for, for us as well.
Speaker 8 So do we pull those permits when we we do it all at the same time? Like when we, for the deck and everything?
Jonathan Rahi (Planner) Yeah. If this gets approved, it'll get memorialized at the following meeting and then once it's memorialized, you can go for the permits. Okay, great. We, we covered a lot. Is it clear to everybody on the board? Does anybody have any questions?
William Mitterando No, I think you guys covered it pretty well. Okay. But well, the, the, the difference between the two feet with the hot tub being close to the pool. I don't know if that was clarified. He, he wanted a little space and distance between the pool and where the hot tub was gonna go. And you wanted it a little closer?
Jonathan Rahi (Planner) I think if,
William Mitterando I think a compromise is in order to be honest with you.
Jonathan Rahi (Planner) Okay. Could you, could you agree to seven feet?
Laura Buckley (Clerk) Sure. Yes.
Speaker 8 Okay.
William Mitterando Okay. All right. 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 questions or comments about this application?
Laura Buckley (Clerk) No one chairman.
William Mitterando Okay. Hearing none. I'm gonna close the public portion and I'd make a motion to approve this application. Can I get a second? I'll second it. Okay. Well call roll. Roll the call. Whatever
Laura Buckley (Clerk) Mr. Mr. Weisman? I got you. Yes. Mr. Tillery? Yes. Mr. Reggio? Yes. Mr. Blo. He did show up in the middle of the last one. He's good for. Yes. Mr. Mitterando? Yes. Mr. Yes. And Chairman Cahill? Yes.
William Mitterando Your
Speaker 2 Application's been approved as amended. We'll memorialize it in a written document at our next meeting in two weeks. We'll mail that document to you.
Laura Buckley (Clerk) Thank you. Thank you so much guys. Good.
William Mitterando You Thank you Tarantino. Have a great night.
Laura Buckley (Clerk) Alright, goodnight. Goodnight.
Adoption of Resolutions AI  00:42:25 – 00:42:31
Board considered adoption of resolutions from the regular meeting of March 26. No resolutions were presented for adoption.
William Mitterando Let's move on to item number nine, adoption of resolutions from the regular meeting of March 26th.
Speaker 2 None.
Adoption of Minutes AI  00:42:31 – 00:42:43
Board voted to adopt minutes from the regular meeting of March 26. All members voted in favor.
William Mitterando How do I? Well, bingo. Yeah. Oh yeah, that's, that
Laura Buckley (Clerk) Was our three minute meeting.
William Mitterando My thunder. I, looking forward, there has to be a clarification that there has to be an application for the record item have number 10, adoption of the minutes from the regular meeting of March 26th. All in favor say aye. Aye. Okay, adjourn. All in favor say aye. Aye. Aye. Alright guys, once again, thanks for your commitment and your dedication to the Township of Pisca.
Adjournment AI  00:42:43 – 00:43:01
Chairman thanked board members for their commitment and dedication to the Township of Piscataway. Meeting adjourned.
Laura Buckley (Clerk) Thank you.