Zoning Board of Adjustment - Regular Meeting

Tuesday, July 28, 2026

The Pompton Lakes Zoning Board of Adjustment discussed an application for a fence variance, but ultimately decided to carry the application to a future meeting due to discrepancies between the submitted survey and the actual property. The board also received an update on local park projects and discussed a future sidewalk project.

About this meeting

Government Body
Zoning Board of Adjustment
Meeting Type
Zoning Board Of Adjustment
Location
Pompton Lakes, NJ
Meeting Date
July 28, 2026

Transcript

243 sections

0:02 – 1:36Speaker 5

Please turn off all cell phones. The agenda of the Pumpkin Lake Zoning Board of Adjustments, July 28th, 2026. The following is the agenda for the regular meeting of the Pumpkin Lake Zoning Board of Adjustments. The meeting is to be held in the Municipal Building 25 Lenox Avenue on Tuesday, July 28th, 2026, beginning at 8 p.m. A written advance notice as required by NJSA 10704-1 headset has been provided of this meeting at least 48 hours in advance of today, given the time, date, and location, and to the extent known at the time, the agenda of the meeting. Such notice stated that formal action may or may not be taken. This meeting will be video recorded and will be broadcast for later viewing for the public. The notice was posted on the bulletin board outside of the offices of municipal clerk reserved for this and similar announcements provided to the record, the newspaper designated by the council and zoning board to receive such notices and filed with the borough clerk. We stand for a pledge of allegiance. Taking a roll call, please.

1:39 – 2:02Speaker 8

Mr. V. Here. Mr. Koss. Here. Ms. Burnstock, one worker absent. Mr. Rowan. Here. Mr. Kukula. Here. Mr. Devante, I'm marking absent. Mr. Klaus. Here. Ms. Hazelman. Here. Mayor Sarah absent. Councilman Bobby Cruz absent. And Mr. Andy Berdour.

2:05Speaker 4

I believe Mr. Devaki was excused, because he did, I saw a response.

2:09Speaker 8

Yes, he's excused. Correct, I will put that.

2:16 – 3:00Speaker 5

I believe that goes down as absence, and we would have to, yeah, so absence. Yes. Oh, yes, the change, correct. Okay, fair enough. Okay, regular meeting minutes from April 28th, 2026 and May 2026. Everyone had a opportunity to read those minutes? Are there any changes or corrections to those minutes? Can I get a motion to accept those minutes? Motion to accept. Second. Roll call please.

3:13Speaker 8

Mr. Beat? Yes. Mr. Cos?

3:16Speaker 8

Mr. Rowan? Yes. Mr. Fugula? Yes. Mr. Klaus? Yes. And Ms. Piesman? Yes.

3:23Speaker 5

Okay, so we have some bills that need to be paid. Can I get a motion to approve the bills?

3:33Speaker 2

I'll make a motion we pay the bills.

3:35Speaker 5

I'll second it. Roll call.

3:39Speaker 1

Do you want to do a roll call? Do we do that now, right? No.

3:42Speaker 5

No, so I'm fine with that.

3:44Speaker 1

So all voted.

3:48Speaker 5

All in favor? Aye. Aye. Aye. Opposed? None.

3:55Speaker 1

And I have a question. There was two minutes. There was April and April. And you're accepting both?

4:04Speaker 1

Just checking.

4:05 – 4:32Speaker 5

Yep, no problem. We have a bunch of correspondences from Elizabeth. If anybody has any questions, feel free to inquire. We will move now on to application BOA 26-03, Maria, 318 Dawes Highway, Pumpkin Lake. Are you here? Please come forward.

4:34Speaker 7

Please remain standing. Raise your right hand. State your name. Spell your last.

4:38Speaker 10

Maria, and the last name is H, like Kari, A-R-E-V, like David.

4:44Speaker 7

Do you swear, or if I'm the testimony you'll give this evening before this board will be the truth, the whole truth, and nothing but the truth, so help you God.

4:50Speaker 8

Help you God, yes, I swear. You can sit and please have a seat.

4:58 – 5:09Speaker 5

Okay, why don't you describe for us your project and the variances that you're requesting about your project that you're doing.

5:09 – 8:43Speaker 10

Okay, thank you very much for having the time in the rainy day. so all this started because i work in a hospital and obviously i live in a flooding zone so i've been for years trying to put this uh generator in case the electricity goes away it will be a backup because i have a sun pump that i put you know and my four neighbor keeps helping me whenever it was a blood thing that has not been done but whenever i apply for the generator for me uh from the company that this gentleman i hire We came, and I was denied because I didn't know. This is what happened. I have my house that I bought with somebody that I used to work with, but she got married, so I brought her up. I don't remember really what year, but obviously there was a fence there for years, right? And whenever she took over, I didn't really live in the house. When she got married, I took ownership, and then the fence was there. and the fence was up about 4 feet, so that's why it was denied. And then I read that in the article in the Sony in February 2021 that changed, that the fence wouldn't be 4 feet. But this fence has been there since, you know, we bought the house. I bought this home from her, like I say, on the papers it says that in the survey paper that it was her and me, and then I bought her house. I really tried my best, whenever I was turned down, to get a company that did the fence, because it was a sign in the fence, but it was a mellow, and I tried to call, and whoever bought him out don't have any records, because I guess he went out of business. And then I also was contacted by the DEP, is that what they say? And I spoke to a gentleman, his name is Dennis Contois, that gave me a letter, I'm sure you guys have it, saying that He was okay with this because the fence was there before the zoning change in 2021. So he didn't feel like there was any restriction for me. He was very nice and wrote a letter and I submitted that with the application that you guys probably have a copy. I have also Google pics from years before. I'm sure you all have it. The defense was existing there. And I, you know, didn't really know all this because I really never did any work in order to know that there was no permit for expense. In all my defense, I shouldn't ask her that, but in those years when I bought her out, my server, that's the thing, didn't really find anything wrong with anything in the house. So I, you know, I knew her from work. So here I am, you know, with a fence that is not supposed to be like that. But I just find out that there was, I don't know, you can say that infringing the law. And I don't want to do that, of course. So, you know, I'm just asking that since this was there before 2021, when that thing changed, that you guys allow me to keep the fence because all this happened just because i wanted to put a generator that i bought for this gentleman okay that's it okay that's my little case i'm sorry to take all this time um okay so so what you're saying is that fence that is there currently that fence has been there for

8:45Speaker 5

whatever number of years, and you have no way of going back to the company that erected it.

8:53Speaker 5

I understand. So even though you tried, there's no one available to give you a permit or a copy.

9:03Speaker 10

And when I came, obviously the town didn't have a copy of the permit.

9:08 – 9:57Speaker 5

Well, right. So that leads us to where if it's not on the record, the permit, it was probably not obtained when they installed. Based on what I understand about how they get records and how we were able to go back many, many, many years to get something. And so it would have been on file normally. Okay, so with that, Your issue is a couple of things, right? You have a side yard setback and a front, I'm sorry, a front yard coverage and also a front yard, you're supposed to have 30 feet and you only have 12.

9:57Speaker 10

I don't have a fence on that front yard.

10:00 – 10:24Speaker 5

No, but I'm saying it's based on what you were denied for. Okay. Okay? So when you read what you were denied for, it's a defense, Rear and side yard. Okay. So it also says your bulk requirement is your front yard, you're proposing a 12-foot, and your required is 30. That's what you were denied for.

10:24Speaker 8

That's what he said.

10:27Speaker 5

If you want to provide testimony, you need to come forward so that you can be sworn in.

10:33Speaker 5

If you're okay with that.

10:34Speaker 10

Yes, of course. You know, he has helped me a lot because he's the one that I got the agenda.

10:39 – 10:57Speaker 7

He has meant to do what he said. Let me swear you in. Please remain standing. Please raise your right hand, state your name, spell your last. I'm Volpe, V-O-L-P-E. First name? Michael. Keep your hand up. You swear or affirm the testimony you'll give this evening before this board will be the truth, the whole truth, and nothing but the truth, so help you God. Yes, I do.

10:59 – 11:18Speaker 6

Do you see me to... The front of the house is over 30 feet before she hits the side. Before she hits the side, where her rear is. So the fence starts at the rear of her property. It's a corner lot. That means there's two front yards.

11:18Speaker 7

Yes, I know that. So the setback from the front

11:29Speaker 6

side, in other words.

11:31Speaker 7

No, there's two fronts. Which one? The highway or central? The left side, which is the street name.

11:37 – 12:37Speaker 6

Okay, the street name. Central Avenue. Central Avenue. On the side of Central Avenue, her fence actually starts in the rear of her yard because she has a pool. That fence over five feet has been there because the code required at that time for a five-foot fence to be there. So it's always been there. So it's on the original survey. It's never changed. The only thing that may have changed through the course and look, I'm a contractor and I know there's times things fall through the cracks. I'm just saying to you that that fence is there. The DEP didn't have any problems with it. They didn't see any restrictions with it because we have to go from here to DEP. I don't see her having to take down a fence with a pool in the yard that's been there since 1950.

12:37Speaker 5

I can tell you I don't see a survey that says that that fence has been there. Oh, it's over here. It's right here. It's in here? Oh, yeah, it's in there. Okay. And I missed it.

12:47 – 12:59Speaker 6

Okay, it's in there. Okay. It actually shows, it says a fence over five feet. At that time, that's the way they classified things back in the 50s because it had to be over five feet in order for you to get it.

12:59Speaker 10

Yeah, I submitted a survey because when I was denied, they told me they wanted a big survey, so it should be there. It should be there.

13:06Speaker 8

If you want to have a larger version of it.

13:17 – 13:51Speaker 6

So the question in hand is, number one, we want to make sure that the protection of anybody, children especially, that they're protected, that they can't get over the fence. That's number one. And I believe she meets the setback from the street back on a sidewalk as a front walk because her property In other words, just 12 feet maybe to, or maybe 14 feet from the sidewalk to the house, and then from the house, she got another 20-something feet.

13:59 – 14:14Speaker 10

And I was also advised to, because I went to the club zone to go to the, that was the main thing when I was in it, to go to the DEP. And that's why I went over backwards to drive them and apply. And I think you have the copy of the DEP, right?

14:14 – 14:31Speaker 6

Yes, yes. And Dennis felt that he didn't feel like to charge her any more money. So he felt that, you know, the fence fell within that, at that time it fell within their scope. So it did not fit. It's inscribed here.

14:31 – 14:43Speaker 5

Okay. Now there is something else on here saying 190-4 Floodway. It's another reason why you were denied permit.

14:44Speaker 6

Yes, but we went to the DEP.

14:46 – 15:01Speaker 5

I understand. I'm just reading the document that was presented. Okay. And it says must comply with New Jersey DEP permit by rule. So Andrew, DEP permit by rule.

15:03 – 15:52Speaker 7

A DEP permit by rule, they have regulations which say what you can and can't do in areas in Portland. If you can demonstrate certain things, and I don't have the beer, I'm not your attorney. And typically, it's done by an engineer, but if you demonstrate that you qualify because all of those facts exist in your property, then as long as that demonstration goes to the building code official, you don't have to go to the DEP. The rule says as long as you can demonstrate these facts, then you are qualified for it. I don't know if that is the case. That's what permit by rule means. Yes, but we did file for the DEP to get clearance. I will still include that in here. For one thing, I think the DEP better.

15:53 – 16:07Speaker 6

They thought that the floodway, the floodway, she was clear of the floodway. The distance for that which required for the floodway was not intended and hindered by her. And I spoke to this clearly.

16:07Speaker 7

Flood hazard permit area. Flood hazard area permit. Yes. That's not required.

16:14Speaker 6

And so Dennis wrote a letter, personal letter, it's in there.

16:16Speaker 7

Who's Dennis?

16:17Speaker 6

Dennis from the DEP. He's the one who controlled it.

16:22Speaker 10

Dennis Contois. Dennis Contois. Yes.

16:29Speaker 6

So we were cleared by the DEP.

16:45 – 17:05Speaker 7

Okay. Let's tackle the violations one by one. The front yard proposed 12 feet, required 30 feet. What item is it that is 12 feet from the front yard? The house.

17:13 – 17:34Speaker 6

The house is based from, in other words, your sidewalk to the front yard, and from the front of the house, which is considered still the front of the house, 30 feet back, in other words, shows where the fence starts. And that's her rear portion of the yard where the pool is located.

17:36 – 17:59Speaker 7

It doesn't say on the denial. The denial seems to say it's the PBC fence. We are inside George, so I I this is not saying what? Sal says that there is something that you're putting 12 feet from a front from the front door for you And there's two of them one central and one door right what is 12? He's done. Is it the house that the existing that was saying?

18:00Speaker 9

Yes The house is 12 feet, but that's not odd. Yeah, I

18:05Speaker 6

It looks like it's 12-4 from Central. Yeah.

18:07Speaker 9

Oh, sorry. Central.

18:08Speaker 6

Yeah. And then that would mean the generator would be a little closer than 12-4.

18:13Speaker 9

but that part is cut off on the little thingy.

18:16Speaker 10

Oh, we never did it in there.

18:17Speaker 6

We never did the generator. It was going inside the driveway.

18:19Speaker 10

Because he told us we cannot put it there.

18:22Speaker 6

Okay, the drawing here shows the generator.

18:25Speaker 10

Nothing was put in there.

18:26Speaker 5

There you go. We're going to the driveway. Okay. We have to be clear.

18:30Speaker 10

Some told us where to put it, and I didn't do nothing until we came here.

18:35 – 18:53Speaker 6

And he told us to go to the DEP. And that's what we did. And we got the clearance from Dennis saying there was no restrictions. He thought it wasn't in a flood way that the criteria of the fence meets what was required.

18:59Speaker 1

I don't understand.

19:08Speaker 7

The house is there that's nothing. No, the house is exactly. I think it was the general.

19:29Speaker 1

left may have not made that clear on the denial letter, but then that should have been clear before success.

19:35 – 19:47Speaker 5

Yes, it should have been clear. So then can I ask a question? Sure. The picture here. Yes. Okay. So was the generator going to go here?

19:48Speaker 6

Yes, yes. It was going to be in front of the fence.

19:50Speaker 10

Yes. But he told us no.

19:51Speaker 5

He told me that's the reason. Okay.

19:53Speaker 10

That's why we didn't use it.

19:56Speaker 6

That's what he's talking about. Generators. And if you're saying it's not 12 foot far, but that gets that.

20:09 – 20:21Speaker 7

That was here. So where is the generator now? Where is the generator and exactly how far back from the front property line is it?

20:22Speaker 6

It's going to be located to the rear of the house inside the driveway on the driveway side. Where he told us to put it.

20:31Speaker 7

That doesn't mean a single thing to me.

20:33Speaker 6

How far will it be from a front logout?

20:37Speaker 5

Oh, hold on a minute. So the driveway is on the opposite side.

20:43 – 20:54Speaker 6

That's correct. So he said, Mike, this is where you need to place it. You need to place it in the rear of the yard.

20:58 – 21:21Speaker 5

somewhere it should have been stipulated that that's what you're doing so that the denial would have mapped exactly what you're doing right now that's not what this is saying yeah the denial is for the fence because of the floodway of dawes and it's too close to the middle of the road

21:25Speaker 9

It's not degenerate, because it's the application for permit for the PVC fence.

21:30Speaker 6

Yes, but his application was based on the PVC fence wasn't there. And I brought the original survey that showed there was an over five foot fence there.

21:41Speaker 9

No, I'm just looking at the denial. It says, yeah. Right.

21:45Speaker 6

And if you look at other houses that are, we're not going to bring up the clients in there, but other houses in that area have the same.

21:51Speaker 10

But they didn't apply for a generator.

21:53Speaker 6

They didn't apply for a generator. She's applying for a generator. She's doing the things.

22:01Speaker 9

The generator works when under water?

22:03Speaker 6

It's going to be tricky. It'll be 30 inches high.

22:07Speaker 10

He told us to elevate it. He even made us, with a special company, elevate it. I'm familiar with generax. I just didn't know.

22:21Speaker 6

So the generator was approved. Yes.

22:25Speaker 1

But then once that got approved, then the denial was because of the fence. They found out the fence was there, and that's why this whole denial was. Yes.

22:35Speaker 6

The denial's on the fence, but the pre-existing fence is what they're saying.

22:41Speaker 5

Yes. And where the generator was going to go. Right.

22:45Speaker 6

That's correct. So he felt that the generator was too close to the front. So he told me where to put it at.

22:53Speaker 10

But the place, I didn't do it yet.

22:56Speaker 6

We don't have anything showing us where you're going with the generator, though. I think that would be easy.

23:01Speaker 5

Well, the generator.

23:02Speaker 6

I can show you. But hold on. Hold on. Hold on.

23:06 – 23:17Speaker 5

The generator was approved. Yes. OK. OK. Good. Got you. So if the generator was approved, that's not part of this. Oh, right.

23:17Speaker 6

They did not. They should have taken that out of there. Well, apparently it wasn't.

23:24 – 23:46Speaker 7

The only thing in the notice to permit the fence may be in front yard provided that should not exceed four feet height measure from the ground should be constructed 50% open. That's the only thing they're asking. That's the only thing that they gave us. It's the only thing that you can give them is to approve the fence where it is.

23:47Speaker 6

Correct. Okay. Yes.

23:49 – 24:44Speaker 7

So that's what we're based on because it's been there since then. Okay. One second. Unless you have the ordinance, not tell me that you know it, unless you have the ordinance that demonstrates when the ordinance changed that made it conforming to non-conforming. and they haven't asked for a certification of pre-existing nonconform use. They haven't told the world that they want grandfathered. They said they want a variance. So you can grant a variance for the existing fence if you choose. You can't, well, the justification of it's been there a long time, the grandfather, they haven't noticed that, they haven't said that that was approved, nor have they shown the ordinance which made it non-conforming once it was, and yet it used to be conforming. So the only thing that you can do, if you want, is to grant them a variance for the fences that's there. That's already there. That's already there, sorry.

24:44 – 25:12Speaker 10

Can I ask a question? my last question maybe in his db letter he didn't know who's he mr dennis quantos the dep okay gentlemen when i stood in a little bit he say something about that he can't say anything about granting a variance he can only say i mean the sony that was done at that time, whenever the fence was full. He didn't mention that, right?

25:14Speaker 7

It doesn't matter. He's the DP, not the local.

25:20Speaker 6

Before they had to go for this, the zoning office would apply for all that.

25:27 – 25:41Speaker 4

And this year we had to apply. So may I ask a question on the survey? This survey, the only date I see on this is 1992. Do you have any survey that shows where the map is?

25:41Speaker 6

Yes, the map shows where the fence is now. 1992, February 2nd, 1992. February 2nd, in other words, 1950.

25:51Speaker 4

Right. Well, this is February of 1992, as far as what I know. That's when the house was bought.

25:58Speaker 6

That's when the house was bought. The pool and everything is the same that's there. Everything that's there is the same. If you look at that, there's a fence that goes all the way around.

26:08 – 26:28Speaker 4

Yeah, but this this was a stockade fence in 1980. Yes, it was over 60. OK, but how do I know that the fence that I'm looking at, which is a PVC, is that the same exact place as these fences? It was the same place. I don't know that. OK. You don't have a survey then showing that. No, we didn't do a survey.

26:28Speaker 10

Because I bought her out and whenever they need a survey.

26:30Speaker 6

You bought it and you didn't get a survey.

26:31Speaker 10

Because I bought it.

26:32Speaker 6

But your name is on here.

26:34 – 26:48Speaker 6

Yes. But it went back to the original. So when she got it, the fence was there. So what I'm trying to say is that it was there. So I guess they didn't require a survey. They should have required a survey. Now they require it every time you close a home.

26:48Speaker 10

And I knew her. And I just bought her out because she was getting money. So I just bought her out.

26:54 – 27:25Speaker 4

Well, I just would like clarity on where the fence line is and, you know, what exactly the fence line is today. I can't say that this is exactly the same layout. I was there today. I looked at the pictures. But when I see this sidewalk here, I don't know what the distance is between the sidewalk and the fence on this map. I can't read this map. Sorry. The surface is too small. Is there a better copy?

27:25Speaker 8

I can give you my copy.

27:27Speaker 6

You have a larger copy. You can see it.

27:30Speaker 10

Because he made this commission.

27:33Speaker 6

I made a larger copy. You can see the Xs going all the way around.

27:37Speaker 2

Pass it down. Yeah.

27:41 – 28:16Speaker 6

You see the Xs that go all the way around? It goes down, down the back, down the side, and then across to the back of the property. All right.

28:16 – 29:10Speaker 4

Well, this is clearly showing me something different than what I saw today, because this fence line here is more forward because it's touching the house. It is touching the house. No, but it's actually, there's a window on the side of your house, which according to this diagram, it is not in front of that. You have a window on this side of your house. So there's three windows, I believe, or at least two windows on that side of the house. Over here, there's a window, and your fence is up here. Oh, okay. This shows it here. All of your setbacks are showing differently than what is actually there.

29:10 – 29:33Speaker 6

All right, so it's a few feet forward here. And actually this shows it further this way. And the fence has been pulled back. So.

29:35Speaker 7

But a few feet and pull that doesn't mean anything. So I'm saying numbers do. Okay.

29:41Speaker 6

But here's what I'm saying. If you look at this here, it's shown closer to the sidewalk. It looks like it's hard to tell what the survey be honest with you, but I understand what you're saying here. Okay.

29:51 – 30:06Speaker 5

But this has always been the same here. But the thing of it is that we're looking at documents. Okay, so. All right, so if we're. Hold on, hold on, hold on, sir. Give me an opportunity. Sure. Okay. You can go ahead and sit back down. Okay. It's okay.

30:06Speaker 6

Go ahead and sit back, sir. Sir, sit back down.

30:14 – 30:32Speaker 5

The issue is this survey that was brought in here for testimony does not depict what is there. And we have a problem. OK, looking at this, comparing it to what is being given testimony.

30:32Speaker 6

So the only way to get.

30:37Speaker 10

So I just don't want to. I'm sure that's why I'm here. You know, I want to hear what you tell me to do. I guess.

30:45Speaker 5

Exactly. OK.

30:49Speaker 10

I just, all this stuff, because I wanted a generator, I don't want to uncomply to, of course, the law, you know?

30:58Speaker 10

He's just trying to help me, but I just don't want to go against whatever. They have that.

31:03Speaker 6

Well, let's get all the testimony back there first. Okay.

31:14Speaker 5

No, I don't.

31:15 – 31:32Speaker 6

Maria, I'm looking at the distance from here to here. It's actually 27 feet plus the balance of the house. So it's way beyond what the requirements are here. So if we need to do another survey, we will do another survey to show that at this point. But it still meets past the requirements.

31:40 – 31:54Speaker 5

Okay, so are you doing your testimony? Okay, so at this point, we're going to open up the discussion on the board to talk about this application. Would you like to go first?

31:54 – 32:52Speaker 4

Yeah, so I'd just like to say that I visited the property. I looked around the area. I have no problem with the Dawes Highway part, even with it in front of the window that it's there. I thought that that actually was okay. looked at traffic. The only thing, you know, what's actually on paper is what I actually saw was actually better. I mean, one of the problems I'm seeing is these fences that are coming right to the sidewalk. In this case, with the testimony that they gave, as long as it's true that the fence was prior to 2021 or 2011, they said that that they're stating that this change for the six foot according to wasn't that yes we don't have anything on there that's not that's not what i don't know the height of other fences that were there

32:52 – 33:17Speaker 7

If they were conforming at the time, don't know the exact height of this 1, and I don't have the date that the ordinance went into effect, which made it non conform. So, that's that's the bomb nor did they nor did they tell the world with the notice that they were looking for a grandfather for you to make a finding that their friends used to be. Conforming and now it's not. I can't advise you.

33:17 – 34:06Speaker 4

I'm just going to say this, because we've looked at variances for fences and heights, and I would support that this particular situation is fitting for the circumstances that are here. The pool being there, I mean, if there was no pool there, this is a whole different story. And I didn't see that it presented any real offensive problem other than, like I said, what I'm concerned about sometimes is when people use other examples and we see these that are right on the sidewalk. That's where I really get concerned. And the fact that it's back a little bit was, to me, actually more pleasant. Because it is back. Thank you.

34:06Speaker 10

I'm glad that you went today.

34:07Speaker 5

Because that helps sometimes. I live over there.

34:12Speaker 5

So I know exactly where your home is. Okay, good. Thank you. I also was there, and I also saw it. I thank you.

34:21Speaker 10

One thing is to see it in paper, and another is to see it.

34:23 – 34:34Speaker 5

I live on Washington. Oh, yes. So I'm in a flood zone as well. Yes. So there's a whole lot of things that we have to do because of it. So go ahead, anybody else have any?

34:35Speaker 4

This is more a question for Dwyer, but if we were to prove anything without any kind of correct survey, doesn't that kind of leave it if something happens in the future, there's no real record?

34:46 – 35:02Speaker 7

That's the problem. I don't exactly know how far that fence is, and you don't know the exact height you're asking for. All they can ask for is a variance. So you want to bend the rules, not a grandfather, but you still don't know exactly how high it is. It's that, that's what they're saying. You have to grant a variance, not for that, but for a certain height.

35:03 – 35:28Speaker 4

I would suggest that the applicant come back with a new survey showing exactly what's there so that if you do come to an approval, I just wanted to voice that I supported in theory what's going on there, but I don't see how we can technically say that we approve anything without knowing exactly where the fence lines are.

35:33 – 35:44Speaker 6

It seems to me we couldn't approve a document that's incorrect. Agreed. The application needs to be correct. Okay, so what you're saying is to get a number 7. Stand by.

35:44Speaker 5

Okay, anyone like to add?

35:47Speaker 2

No, I'm just listening to everybody else.

35:49Speaker 5

Anybody here like to add?

35:51 – 36:31Speaker 2

I did drive by. Yep. The fence is a foot from the sidewalk. But my biggest problem with fences are a blocking of vision at an intersection, which this does not occur. Either fences, shrubs, whatever. Because there's too many properties in town where you have to go into the crosswalk

36:43 – 37:01Speaker 9

I think that if we got the proper site map and it doesn't block traffic, but that way it just proves it was there and was up to code whenever it got built. And if you're still friends with the other person, if they have any of the receipts or anything of when she, I don't know what state she said, I tried to contact her.

37:02Speaker 10

I did try everybody, even the person that . They don't have any records, they say. My butt, you know, I mean, I shouldn't.

37:11Speaker 9

Well, if you've lived there for a while, if you have pictures from the backyard for whenever, that would show us what was there.

37:18Speaker 10

I tried to go to Google, and we have another thing.

37:21Speaker 9

Yeah, I saw it. Back to 2009. So that was there.

37:26Speaker 6

Anello put his name on it. So if a man puts his name on it, it's a calling card. I agree, but if... It's a contract.

37:33Speaker 2

TO THE BEST OF MY KNOWLEDGE, ANNELLO IS STILL IN BUSINESS.

37:36 – 38:02Speaker 10

I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I CALLED AND I

38:03 – 38:57Speaker 5

to ask questions regarding your testimony and the feedback and since there's no one here i'm going to close that session all right um it is from what i'm hearing it is the recommendation that you come back with a survey that actually depicts what it is that you do and what it is there okay because this does not do that your fence is different than what's pictured here so i have to go what i would say to you get a survey we're suggesting okay that you get a survey that will depict exactly what you're doing and then submit that and then come back to the board do i have to go through the whole application no this is continued no no it's just continued

38:58Speaker 10

So get a survey.

39:00Speaker 7

It tells you where the fence is going to be and how high it is.

39:04Speaker 10

Like a surveyor. Okay. Where it's going to be surrounded, I'm sorry. Where it is.

39:09Speaker 7

Where it is, I'm sorry. Where it currently is.

39:11Speaker 7

And how high it is. Okay. Both those things. It could be on that survey.

39:15Speaker 7

So this will be carried. So you don't have to do anything else.

39:18Speaker 10

All the things that I did.

39:21Speaker 5

Okay. So if you're in agreement with that, Otherwise, you can ask the board to take a vote and if it passes.

39:31Speaker 7

But they're saying they don't have enough information.

39:33Speaker 3

That's correct.

39:36Speaker 7

And I'll have a resolution early on, so if it comes in and everybody's happy, it could be done the same night.

39:44Speaker 10

Okay, so I have to contact a server and then go through that and then bring it back to you guys? Yep. And then you're going?

39:51Speaker 5

Hopefully, if you can get it done for next week.

39:55Speaker 10

Oh, yeah, yeah. I'll call in tomorrow.

39:56Speaker 5

I'll come right back.

39:58Speaker 6

Okay. Okay. That's fair enough. Thank you very much. That's fair enough. Thank you very much. Okay. All right. Thank you for all your help. Thank you, guys. So hold on to your packets.

40:06Speaker 1

Okay. I need to hire a licensed surveyor. I need to hire a licensed surveyor. Licensed surveyor? Yes. Yeah. I'll call my buddy. He'll know. He'll know.

40:47 – 41:17Speaker 5

So we have no resolutions. New unfinished business. Mr. Cox, do you have anything to report from open space?

41:18 – 41:53Speaker 3

There was no environmental protection meeting, and it was a quick open space meeting because there's nothing new going on right now. The two big projects, the ball fields, ball fields down and on the field, they're all done. The kids got to play on them. Back in April, it didn't look like they were ready because the side had to take and everything, but it took and the kids played on them. And the other big one was the Kirschville Park Bridge that's open. And they're going to name it after our former colleague Steve Big's dad.

41:53Speaker 5

Oh, how fantastic. Fantastic.

41:57Speaker 3

There'll be a ribbon-cutting ceremony.

41:59Speaker 5

They're going to post that, right? Yeah. They're going to do that? Hopefully they pick up maybe a weekend or after hours as we both can attend.

42:09 – 42:22Speaker 3

That would be awesome. And Karen got it open before summer camp for somebody who's going to get strangled. And as I said, it was not familiar yet, so that was really the only two things.

42:25Speaker 3

We'll have a report for you next month.

42:28 – 42:47Speaker 5

Thank you. I will open the meeting to the public. Since there's no one in the public, I will close it. I'm making a motion for adjournment. So moved. Second. There was one more thing. Oh, I'm sorry. Can we reopen? I didn't vote yet. Go ahead.

42:48 – 43:05Speaker 3

There's no sidewalk between Chalin Court and all the way down to Jefferson. And that's going to be another project coming up. Because you cannot... If you have to walk in the street on that side, and if you're on the other side of the road, you have to walk along the fence and the guard rail. So either way, you're walking in the road.

43:06 – 43:29Speaker 5

Can I ask a question? I heard about that. And why aren't they putting the sidewalk on the side of the lake, rather than going on everyone's property, through the parking garages of the apartments, then down, down, down.

43:29 – 43:43Speaker 3

It slowly drops right off, and like a bulkhead would have to be built, and the price would be ginormous, I guess. Plus, that's a repairing zone there for the lake.

43:43 – 44:28Speaker 5

Right, so you've got to get the DPP. tell people uh they're taking five feet of your yard there yeah yeah because i heard uh rumors of that and people are none too happy over there actually it's i don't know why it wasn't addressed 50 years ago or more you know well if you if you on if you're heading up lakeside avenue Towards Lakeside School. Towards Lakeside School. There's no driveway. There's no walkways on all those paths. There's a path there right along the curb, too. Right. But there is a sidewalk on the lakeside. Right across by the crosswalk. Oh, yes, there is. From the gazebo all the way up to Lakeside School.

44:28Speaker 9

Oh, yeah, but not before that. Right.

44:31Speaker 3

No, you're correct. The crosswalk right by Channing Court, where the sidewalk starts.

44:37Speaker 5

My in-laws live right there. So I've been around this area for forever.

44:42Speaker 9

It's crazy trying to walk kids and dogs from the bridge. And it's not the only spot in town that both sides don't have sidewalks.

44:52Speaker 3

Just as I said, the one side, you can't even go up against the fence or the guardrail. Somebody's coming, you've got

44:59Speaker 5

Okay, so we will continue to adjourn the meeting. We've got our people that are...

45:09 – 45:28Speaker 9

The push field is getting redone too. They're doing the stadium soon. And the home side is going to be on the other side. Yes. and then the visitor side is going to be on closer to the river side, but that's next in between the seasons. I didn't hear about that.

45:28Speaker 3

That's not an open space project, but I did hear about that too.

45:31Speaker 5

That's probably Board of Ed. Yeah, because the Board of Ed owns that property. Yeah. There you go.

45:36Speaker 1

She is correct.

45:38Speaker 4

She is correct. I believe we just say all in favor. All in favor. Aye. Opposed? No.

45:47Speaker 5

Thank you, everyone.

45:48Speaker 8

That's not relevant.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.