Zoning Board of Adjustment - Regular Meeting

Ready.

Please turn off all cell phones. The agenda of the Pumpton Lake Zoning Board of Adjustments, February 24th, 2026. The following is the agenda for the regular meeting of the Pumpton Lake Zoning Board of Adjustments. The meeting is to be held in the municipal building, 25 LX Avenue on Tuesday, February 24th, 2026, beginning at 8:00 p.m. A written advance notice as required by NJSA 104-1 Edset has been provided of this meeting at least 48 hours in advance of today given the time, date, and and location and to the extent known the time the agenda of this 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 the offices of municipal clerk reserved for this and similar announcements provided to the suburban trends the newspaper designated by the council and planning board to receive such notices and filed with the burough clerk. Stand for the pledge of allegiance please. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

We have nobody. Uh, roll call, please. Mr. Hunt. Yes. Here. Mr. here. Mr. CS here, Miss Berntock here, Mr. Rowan here, Mr. Fagula here, Miss Hazelman here, Mr. Devonte here, Mr. Klouse here, uh, Councilman Cruz is out, and we have Mayor Sarah here, we have Andy Brewer, and we have our planner and engineer, some Collars.

Okay. Um, can I get a motion for the approval of the bills for callers and for the New Jersey planning official for our new trainee uh trainer, excuse me, for new member training. Lyn, I'll make a motion we pay the bills and uh hand and pay the bill for uh Lynn's training. I'll second. All in favor? I I

opposed. Good. Okay. Okay. So, we're going to move on to application BOA25-4 20 P Avenue, Pump and Lakes. Excuse me, Mr. Hunt. We just got to do the minutes. Oh, thank you very much. Sorry about that. That's okay. Um just approval of the minutes. Yep. Okay. We get approval of the minutes from last meeting. I move that we accept the minutes. Second roll call. Mr. Hunt. Yes. Mr. Bait. Yes. Mr. Cos. Yes. Miss Berntock. Yes. Mr. Rowan. Yes.

Mr. Sagula. Yes. And Mr. Devonsi. Yes. Thank you. Okay. Okay. So, let's now move on to application VA25-14 PC Avenue. 20 PC Avenue.

Good evening, Mr. Chairman, ladies and gentlemen of the board. My name is John Barula. I'm here on behalf of the applicant. Today, we have a presentation that is a use variance. And I hope that you see uh that we have taken into the effect of the municipality particularly the fact of the fact that you have all these nice old homes. Uh I remember back in the dark ages when I went to high school we used to play football against one another and these houses have been here probably from before the war. So with that, my my particular applicant today was very concerned about trying to keep the nature and extent of the the neighborhood, the feel of the community. And with that, one of the things that you'll see is that we're not going to affect the outside this particular building. Tonight, Mr. Chairman, I have for you Mr. Thirsten, who is the principal of the LLC, who's a managing member. I have uh uh Tyler Vanderhawk, the engineer. I have Nick Crow the animal planner and I have Mr. Catillo the architect. So with your permission I will start Mr. Thirst.

Nick come forward and please raise your right hand. State your name and spell your last thirst. Can you spell your last name? T U R S U N. Do you swear or affirm that the testimony you'll give this evening before this board will be the truth, the whole truth, nothing but the truth. So help me God. Yes, Mr. Gentlemen, may we sit? Yes, Nick. Have a seat. Nick, you are the managing member of the uh owner of the property. Is that correct? Yes. And uh you are aware that this is a the property is in a business zone in the municipality. Is that correct?

Yes. And can you tell us what kind of efforts you've had uh undertaken in reference to trying to rent this for the purposes that are allowed by the municipality such as offices? Yeah. Yeah. My wife is waiting to see exchange also. Just one second. Just speak loud enough so that everybody can hear you. Okay. Make believe you're talking to your kids. Can you move that microphone closer to Sure. All right. No, it's on. There's a there's a button on is it? Okay.

Good. Yeah. My wife is real estate agent and we have been trying uh it's been almost one and a half year. We purchased in 2000 September 2024. We've been trying to do rented for for office users and we got just few applicants and most of them they just want a small room small offices like 200 square ft 300 ft and stuff and based upon the size of this building and what that would end up with many more cars and many more people. Many more. Yes. And could your building could the parking area accommodate splitting this building into 200 foot offices? No. Then it wouldn't fit, right? No. No. Not for sure.

And did she list this uh with various commercial entities and and listing services? Yeah. By all NGMLS, Loopnet and Facebook, Instagram. We tried everything. That's the only information I wanted to have for you and this in reference to this witness and I submit them to the board. Any questioning or and all the fun? I have no question. Um I noticed it was listed in the Mos. I'm a realtor as well and it was rented uh shown as rented for 9,000 a month or 9500 a month minimum 2-year lease. That didn't work out then. No, it didn't work out at all. Okay.

Anyone else? Okay. Do you want to submit him for anybody from the public may ask questions? I don't know how you want to do it. I'll leave it to you, Mr. Chairman. Should we is going to bring up multiple people who every hour each one each one to you? Okay. Yes. So, we'll open it up to the public. Thank you. Anyone from the public would like to come up and ask any questions regarding to the applicant's testimony? I see there is none. So, I'll close. Thank you, Mr. I have a comment but maybe one time to do that later. If you're going to have anything to do with qu testimony provided by this applicant right here um then that's now.

Okay. Just for that. No, I don't. Thank you. Okay. All right. Make So now I'll close that session. I'm sorry. With your permission, Mr. Chairman, I'd like to call Mr. Catillo, my architect. Okay. If you'd like to ask the member of the public, he wants to sit up here so he can see the fine. I'd like to make sure that he has any questions. He can see our exhibits. Sarah, if you'd like to come up a little closer so that you can hear testimony. No, that's you can. You're good. I think I'll just move up here. Yeah, that's fine. Okay. Thank you, Mr. Chairman.

Okay, Mr. Right hand. State your name. Spell your vest. It's uh James P. Catillo. C U T I L L. Do you swear or affirm the testimony you give you will give this evening before this board will be the truth the whole truth nothing but the truth. Please do. Mr. Catillo, could you please give the board the benefit of your education and licenses? I'm a licensed architect in the state of New Jersey. Uh bachelor uh architecture degree from uh 1986 and uh my license is still in good standing. Didn't get you didn't get any emails on your way here, right? uh after all these years

and you've testified before many different boards throughout Pay County, Morris County, Sussex County and the surrounding counties hundreds of times. I have Mr. Chairman, I would ask that Mr. Patillo be accepted as an expert in architecture. Okay. Thank you. Thank you. Would you you want to stand? You want to do whatever. So, um I have an exhibit um and it's the u same one second. And if I ask the attorney, would you like us how would you like to have this marked? If the it has not been submitted as part of the application, it would be A1. Please describe what A1 is.

Okay. So I have uh one exhibit which is a photograph of the building from the front. The rest of my drawings um which is um uh one through three pages um have already been um submitted to you. You have a cop. You're going to have to leave the copies with the board. We could leave the original. Please stand right on the back of page one. Got it. You got a pen there here. Have the copies in the packet. You'll just have to leave it.

Yes. But you have the the drawings probably have.

Um so the first thing um that I wanted to show you is just a a photograph of uh the front of the building and uh just so you could see the nature of the building. So this is just a photograph that I took from my office. And uh the rest of the uh pages that I have on the exhibit are actually the floor plans of the building. Uh since we're really not changing um much of the building at all um from the outside, uh we do draw actual elevations. But um so um you can see here that uh our this building was used originally was a house at one time but lately it was used as an office then it was vacuum for some time and our proposal is converted into uh six apartments. So um on the drawing we show all of the six apartments and we have uh four uh one-bedroom apartments and two twobedroom apartments and then we show the size of each of those apartments and based upon the uh municipal law and also the the ordinances in the town we have one affordable unit because we are above. Correct. So we can do that. Correct. Absolutely. Uh so basically uh we have the first floor plan. Uh you can see the dark dotted lines to designate each of the units. Um and really not a lot to explain there. Uh so there's uh several several units and then up to the uh second floor

shows the uh next area. two minutes and then the last upper level. Uh I think the key thing to note on all of this is it all fits in uh to the building without changing much on the outside. uh all the circulation. It's uh key to understand that uh there's an area from the front you can get in area from the back that you can get in and uh it works out so well without expanding uh the footprint of the building whatsoever and to bring the entire building up to code. So, with a change of use, which is actually why we're here, uh we would have to bring everything up to code. Uh basically, uh New Jersey has a a rehab code and you have to define everything in uh a change of use category, which pretty much means everything has to be brought up to date. So, um there would have to be everything, you know, that would be current in today's code in this particular building. Now what particular are you changing on the outside of it? So um primarily um we need to build a ramp uh to get in because anything that's uh considered ADA has to be barrier free. So we have a ramp in the front and that that'll be on the site plan as well. Uh and that comes into the existing porch area and uh actually that's it. The only thing we have to change. So there's no choice. There's not a way about we can't we can leave it and leave the stairs because once you convert it into residential use

you have to have ADA compliance.

That's correct. But what you just you took very painstaking effort here to leave the the natural effect of at the aesthetic effect of the course by putting this ramp at the at the closest end so that you're only disturbing what about 5 ft of a bit. Yeah. I mean we have to break through. We're we're leaving the front of the porch intact. So the whole entry would be you know the same as it is now on that picture. And then u to off to the side we created a ramp that goes down to grade. And then on the site plan you'll notice um that there's a handicap parking spot in that area. So this was done with a making it 88 compatible but also to keep the integrity of the of the style and of the building.

Yes, that's correct. Mr. Chairman, that's all I have of this witness. I submit the witness to the board and to the public for any question. Uh Mr. Catillo. Um the third floor apartment, will there be a fire escape?

Um there's not a fire escape. So based on uh the required code um the way that we've designed this, it um it meets all the new code requirements. So, um, when you only have one unit and less than so many units actually exiting from one exit, uh, this meets the criteria and we're not changing any of the roof lines or the walls. It's pretty much what's there now. We're just reallocating the spaces. Thank you. Is there a basement?

Uh, yes. Uh there's a basement. Uh there's no units in the basement, so there's uh mechanical systems down there. And I feel foolish asking you this question, but how do I can see where you access unit three, but I don't see how you can access units two and unit one. Where are the where are the doors? and to the outside. Uh, unit three is from the front. Yeah, I see that one. And, uh, unit two is also from the front. And how did they get there?

You come up the front porch and the front door is right there in the mud room into the mud room. Right. And the back unit. Uh, so there's a back entryway unit one and that goes to the back unit. Mhm. Go to the kitchen. Is that a covered porch in the on the side there?

Um, it's not covered, but um you come in from grade. There's a door from grade and then you walk up some stairs that are right there on the inside. And that's act also uh the access to the basement back door. So from just bear with me uh with unit one they have to go down five steps.

Uh you actually come in well um maybe it's kind of backwards. When you come in the door from the from the parking area, you walk up five steps to unit one. Okay. But I said coming down. Yeah.

All right. And then um and then unit two is that that's not on the first floor. unit is on the same level, but um we've closed off the area from the back and we're using only the front porch as the uh main entrance of that unit. So that entrance way is from uh where it says new module. So there's two units that that enter in from uh the front. So that's on the first floor. Yes.

Okay. So only unit one uh two and three would be ADA compliant. Uh that's correct. Two and three. Yeah. Two out of the six. And then it I don't know what they what your committee on affordable housing is what they whether they would want ADA or non nonADA unit, but they make that choice. We don't. We give you six units and then you tell us which one you want. As far as I know, that's how they worked before. I assume you didn't change anything with that.

Yeah. My understanding is that whatever ADA unit it is would have to be um you know barrier free. And are there lights on the side of unit one? Because the person's going to have to walk almost all the way around the building through the back. Lights outside. Yeah. For safety. Yes. um that I don't have that on my drawings, but um the engineers are going down. That's good. We have a second. No problem.

Have you had the um MUA in to inspect the sewage and if you needed any upgrade to the water or the sewage leaving? Excuse me. It's in your packet. Uh the the report I know there's been some important. So it's part of this um letters that came through and from the MUA and from the right it should be in your package. Yeah. At that point what we'll do is we'll pass our planning um to state what they have questions about. Okay. Okay.

Making sure that they met the criteras. Okay. Um, anybody else on the board have any questions? Will the complex have washerd dryer use or is this something that they'd have to go outside the building to use washers and dryers? Um, so as it's designed, um, their intention was that the, uh, washers and dryers would be down in the basement on site, but not inside the unit, right? Yeah. Just asking whether they had that planned.

Okay. I'd like to piggyback on that if I may. Um, do you know how much space there is in the basement, what size that floor plate is, and if there would be any room for tenant storage? Um, I don't have the exact size, but uh, the basement is the full footprint of the building. It is. Okay. So, there's quite a bit of room down there. So, we have the first floor uh, area. I I don't have those numbers on me. I just have to do it in the back of that one. It's like 2,000 square ft.

So a little less than 2,000 ft would be the basement.

Would you need to to provide additional storage to the tenants based on the units as they're designed now? I know there are certain requirements for storage. There was no there's no uh regulation, but that would probably be part of any leasing agreement cuz one of the things that it should we be so fortunate to get approval, we would then have to develop a a lease and we'd also then have to also look about how we would be able to separate it because if we took your stuff in and you just say you have a space, we'd have to make sure that there's some integrity in terms of maybe I hate when they put up the chicken wire, but you know, it's not chicken wire. pay. But I that's my old fashioned some kind of break. So that you would have to lock and we uh Mr. Tur and I haven't discussed that yet because we haven't talked about leasing because that's down the road. We also have to get into the affordable unit and uh see what the actual needs are. But it it's 2,000 ft. So normally you try to give somebody about 100 square ft six units. It's 600 ft out of 2,000. So it's can it can be accommodated. That decision hasn't been made yet. We're still trying to get the decision that we can have the insurance. So we haven't gotten that far. But to answer your question, can it be done? Yes, it can be done. Uh I would say that with the difference from the first to the second floor, you lose about 200 ft. So you got to have 1,800 ft to play with. Plus then you got to deduct mechanical. So even if you deduct another 800, that's 1,000. 1,000 divided by six everybody gets more than 100 ft. Thank you.

At least I think it might matter. Sorry. I would close. Then the other question would be ADA compliant for the basement for access. Well, it's not and it's not required. So, uh heating and air conditioning, what how is it going to everything going to be heated air? All the units will be in the basement and uh right now that's the way going to be window split systems.

So the whole building is serviced right now from the basement but um once it's split up into um individual units it's going to have to be modified. So um really they're going to have to be individual units but um I know there's still some common space and whatnot. So, uh, there's really only like one unit in the basement right now that does the whole building. That unit can probably be saved just to do common areas, but each individual apartment would have to have their own system cuz they all have to be individually, you know, utilities. Is it hot air or hot water or for heat right now?

No. What is it going to be? Oh, um, it would have to be many splits, I'm sure. And is that going to be used for heat as well then in many splits? Exactly. Okay.

And hot water would be a gas unit in the basement or you're going to have individual hot water heaters for um each unit. I'm imagining that they would all be individual um on demand water heaters. That's the way most of these are done these days. In the unit or in the basement? probably in the unit.

When would you get to that level of design during the construction? So, um if I may, um once we get the approval that these apartments are allowed to be here, uh then we would go into the um design and the construction documents and then that's when that would be developed a little further and then that would be submitted to the town to the building department. Okay. I

have some questions about uh the setbacks. You have um just about five or six of them and each one is deficient in terms of size. Uh for the front yard the setback one please let her finish before the front yard setback is uh required is 50. You have on your plans 33.5. The sideyard setback is 35. You have existing 28.3.

People saying that the engineer need addressing the question. The engineer needs to address that. Okay. Is the engineer gonna address this? As I said, I have the the owner, architect, engineer, planner. Okay. Well, the one I'm really concerned about is the rear yard set back. It's supposed to be 70 ft and you're leaving it at 11.5, which is a discrepancy of 58 ft. That's quite a substantial amount of space. So, if he's going to take it over, fine. But those are my concerns.

Okay. Uh, the only thing I would like to add to that before I leave is that those are all existing. So, that building is there. The property lines are there. Uh, we're just taking that existing footprint and we're reconfiguring it. Yeah. But you're you're asking us for permission to change the use of that property. Yes. So, I'm thinking in terms of the neighbors around that property and if they're used to a certain amount of space and you're cutting it down to fractional one person at a time, one person, uh, you're cutting it down to fra a fractional amount. That concerns me.

Well, with all due respect, we're not we're not cutting anything. We're leaving exact what I I like your your question. what the neighbors are used to. The neighbors are used to seeing this house exactly the way it is and we're keeping it that way. In order to get it to be what where what the municipal code says, we'd have to cut this building or tear it down. So, we're keeping the integrity of the building. That's exactly what the neighbors are used to. But I I will go through the engineering and hopefully satisfy your employer. Thank you so much. Uh question. The water closet on the first floor. Is that for everybody? Like that would be No.

Okay. Cuz it's it looks like a communal one. Uh is it in unit three or It's by unit one, but the outdoor swings to the um the staircases. Oh. Um actually that's just a closet. Yeah, that's a that's just a storage closet. Oh, I thought it was Sorry, I thought it was a water closet at WC. walking clos. Um, first off, you have a twobedroom that has less space than one bedroom. So, explain that.

Uh, sure. So, what we tried to do was uh look at the existing building. This is a very nice looking historical type building and not a river park. uh what's there and also not to expand upon what's there so we're not making anything worse to our setbacks. So uh we're just looking at how could we divide the spaces within this building and uh create apartment uh units. So, of the six units uh on the first page, we show the square footages of all of those units. And uh the last of the uh units uh which is number six is a twobedroom unit uh 850 square ft. Um and then um you go down and you'll see that uh there's actually one of those units uh that's a onebedroom unit that's 874 square ft. So you you'll see that uh that one unit which is unit three is a little bit bigger although it being a onebedroom unit it's a little bit bigger than the smaller of the two bedroom units and that's really just a a calculation of uh how we could have divided those spaces. So, uh it wasn't a formula of like if it was a new building from scratch, you know, we would have uh divided that up quite differently. So, that's just the way it works out with u a lot of the existing walls and the features of the building.

All right. So, then my next question would be normally and attorney might be able to come up with this co- obligation should be a two-bedroom, correct? Um it often is and I don't know if it's going to be one in six. It might be a little bit more that we have um the burrow has Yeah, it might be more than Yes, the burrow uh um has an affordable housing consultant that still try Yep. um that any any approval if the board ever gets to that point, it would have to be conditioned on not necessarily saying one unit, but saying satisfying the obligation that they'll satisfy writing it maybe one plus something else. I've already done that and homework with them.

Right now they're saying one, but I have no qu problem with you putting that kind of language in there. And again, that's if they I don't have no idea if they're going to get there, but if they do and it's sometimes it's two, but it's not always two. It's it's also sometimes the ADA and usually want it depends on what uh what your professional from the town they may be the condition. Yeah. They may want and I've seen that in many different towns that I work in. They may want an ADA because they don't have enough of it and that's that's how they pick it and it's not up to us.

Yeah. They may they may then they may then have a question about if one's got to be ADA but they can't access the washer and dryers. They may make a They may just put a closet in and a stackable or or now they're doing I don't know what you call it uni a unit a uni unit. It's a uni unit. It's the one thing that does both. Right. Yeah. Which which that's also a note.

Yeah. And we can accommodate that. Actually, my last question is the So, my biggest concern with any new apartment building is the management of the building, which I'm sure you'll get to. Um, but I partner you were just talking about with the mud room or whatever you want to call it in the front. What stops the tenants from putting extra people in that apartment, you know, it's a onebedroom and using that as a bedroom as a as a making a two-bedroom? I I understand, you know, it's on our the town that helps oversee that, but it's also on management to keep the numbers of people Correct. In each apartment that's in

Sure. So, uh, unit two you're referring to, which is 700 square ft, has entrance from the front where there's a a barrier free ramp that goes up to the porch. Uh, it's a one bedroomedroom unit. Um, that's mud room is a pass through to get into the

Yeah, the mud room is actually the entrance. Um, so Honestly, um it's really not that big of a unit that uh you could divide it up and have multiple bedrooms in there. So, somebody wanted to have one bedroom with uh couple of tenants in there. I mean,

mayor, what we've done before, and again, I don't know. I'm not presuming the board's going to go there, would be any um as a conditional approval if they if they voted on it, would have to have a lease provision to be reviewed and approved by the planner that prohibits use, prohibits substant subleasasing, and prohibits the use of, you know, the mud room or whatever it is as a bedroom. Right. I I think that would be a smart move for us to do because we in the past we've had issues what we call stacking where they have one bed separated into a couple different rooms and we don't want to see built without it. So

I agree 100%. I have a question. I have a question regarding.

Anyone have any other questions on the board? Do the chimneys are the fireplaces still there? Yes. They're not shown on the second or third floor cuz you have the kitchens stacked over the where the chimneys are or where they would be in the center. Yeah, those foods go up somewhere. Um like they're probably closet from the third floor. They're in the middle of the kitchen. Like dead set in the middle.

Yeah. I'm not I'm not 100% sure where they go. I think it's in the bed area over here. So, we're not we're not planning on removing. Okay. Cuz they would be in the middle of your kitchen on the third floor. Yeah, they're on the side. describe it, but uh in this bed area right over there just behind the kitchen on on the third floor.

Yeah. No, no, no. I was just because that would take the whole integrity out of the kitchen.

They're just outside of that. Get ready for this.

So, let's see. I think when we overlay the sheets, it looks like the fireplace that's in the living room on the first floor is underneath the bathroom on the second floor. And as you go up, looks like it's not shown on the third floor at all. I think I think that's where the confusion was. I might be wrong. Um, so on the second floor, the area walking clos

it takes up the whole kitchen behind behind the kitchen. It's outside of the kitchen, right? But the other ones are back. Yeah, it's in that area.

Those clues congregate together and then they go up. So, they dismiss a little bit. Uh we have all that information. Um there was work done previously on this building and uh took a lot of that other than physically measuring it. We we took a lot of that information from the uh previous films. So, we're going to need a new new diagram to pick where this chimney is,

right? Well, they're there. I understand they're drawings. It's not relative, but the board for them to be shown. Well, they would all be on the construction drawings because you have to show all the instructions and you have to show the support. We understand that, but I think they also want to see them. We want to see it. You're asking us for a variance to do a variance and give you approval, but your diagrams aren't really depicting what's there. Yeah, they're out of the way. So, um, we need to add them.

I think that would be perfect. Yeah. Anyone else have any questions for Yeah. Testimony given? No. I will go open up to the public if anyone has any questions from the applicants of architect. I will close that and at this point I'd like to pull our engineer Brandall. Very good. And we do have one exhibit and it mark pizza.

Yeah. And when he comes up, he can testify exactly what we'll introduce it. Mark you pass them down. It's a reduced size of what what he's going to show. Very good. Full size. Please raise your right hand, state your name, spell your last. Tyler Vanderbolt. Van N E R D A L K.

Do 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 got it. Yes, I do. This is real. Thank you. Can you please give the board the benefit of your education and licensing, sir? Yes. Uh, licensed professional engineer, state of New Jersey. License is current and in good standing. Um, graduate of NGIT, bachelors in civil engineering. I have testified before every board surrounding this town, but not this this town somehow. See, now you got Now we're in.

There we We filled in the puzzle but uh well they haven't accepted me. Well uh you have been uh qualified in Berberdale Butler Bloomingdale Kennel Wayne Lincoln Park. I would submit that uh Mr. Tyler Brandok for an expert in engineering with your permission Mr. Chairman. So be it. Thank you. Tyler you have uh done the plans in this regard in reference to the site plan. Is that correct? Yes. And uh you are fully familiar with the site and you have also tonight provided an exhibit that we marked as A2 which is an aerial view of the subject property. Is that correct?

That's correct. And you describe A2 to the board and the public. Yes. So this is uh entitled aerial exhibit dated with today's date. And what it is is an aerial photograph of the neighborhood along with approximate boundary lines based on GIS and also an overlay of the zoning uh in the area. I I'm not going to provide a lot of direct testimony on this uh but the uh the planner likely will. And the uh peak the subject property is outlined in a rectangular peak color. Yeah, that's correct. And uh this is accurately describes the the existing conditions. This was today

within the last couple years. Yeah. I don't know when the aerial photo was stated exactly. All right. Can you tell us can you go to your site plan because we have one of the members very uh we had a couple of questions that we had lighting.

We've also had a parking question and setback question. So, could you go through the site and uh explain to the board and the public exactly what we're doing on this site in reference to the proposal? The plan set that I have for you this evening is the same one that uh was delivered to you with no updates. So, this is last revised September 23rd of 2025 consisting of three sheets. Uh to start, I would like to look at the top left corner of sheet one. It's essentially a site preparation plan for existing conditions. Uh so you can see the building location shown here with the existing setbacks the 11 1/2 ft to the rear as discussed 33 and 1/2 to the front uh 28 2.3 uh 25.7 I'm sorry to the left side. That's the principal structure uh as it exists today with the front covered porch walkway. Uh we have a detached garage in the back left corner. Um, and then as us today, the site actually has two access points onto Pacific A. Uh, we have a narrow, what I would call a one-way driveway, uh, located on the easterly side, and we have a two-way driveway on the westerly side to an open parking area. The intent is to remove the entirety of the pavement and driveway from the left side of the structure, and that would be landscaped and lawn, and you'll see that on the landscape plan. Uh, so we'll remove that driveway. paper and remove that curb cut and a portion of the sidewalk. So, wall access will take place on the right side of the driveway. Uh this was primarily cuz this was this extra pavement is not actually useful to the property in the sense that we don't have enough space to drive between the buildings at least safely. Uh we don't have space to have parking with appropriate backup. We have a narrow entrance and only a single car width. Um so this was really extra pavement that wasn't serving the purpose of the property. So, as part of the

application, we're seeking to improve the property by removing that hard surface and and put some vegetation there. So, in terms of of uh positive conditions to the property, we get rid of two access so that people driving down the the sink, they now only have to worry about one one section where people can come in and out, not two. That's correct. And the site is covered with macadam therefore more impervious. We are taking that out and making more impervious so that it's more green than it currently exists. Is that correct?

That's that is correct. Thank you. Go ahead. Uh so that's the existing condition uh and what we're planning to do as far as removal. As far as the proposal of the site plan, we can see to the right of that. Uh I'll start with the improvement to the building. The one improvement that was discussed and that's the ramp out front and this is discussed. That ramp takes a 90° bend at the building corner. uh back towards the drive aisle, not the drive aisle, the pedestrian aisle next to the ADA parking stall. Uh as discussed, this parking lot largely exists today and as we're going to discuss, there are a couple of design waiverss that we need because of that. Um but what we did and specifically in there the ADA to be fully compliant is we did we are going to expand the pavement by just about 18 inches to two feet there in order to get the proper uh depth of the stall at 18 ft. Today those stalls are are under sized. So we're going to have two stalls that are expanding to be fully compliant. And then the remaining of these stalls just because of the proximity of the building specifically this on the easterly side of the park those are at 16.2 ft. Again, this is an existing condition based on the current location of the drive aisle. Uh, so we do have a design waiver for shorter stalls at 16.2 ft rather than 18. I would note that we do have a twoft overhang available at that curve line. So, we can reach uh the 18 ft if we include the bumper overhang at the curve line. The existing driveway as dimensioned there is 21.3 requirement is 24 ft. So, that's a second design waiver. again an existing condition. Uh the main reason that we're not expanding that is because we have a utility pole that's located on PTA a uh that would require the significant um change in order to widen that to 24 ft. Uh for this low volume use, we think that the 21.3 ft appropriate seeing that

we have a less intense use than what existed previously for all these years. Um and that we have a drive island width of 10 1/2 ft on either side um where a parking stall is is only 9 ft. So physically the cars can get in and out and we think it will be functional for this unit. Um in total we're providing 13 physical stalls. One of those stalls as mentioned will be van accessible compliant. Another one of those stalls is actually going to be an EV charging stall as required by uh state law and now probably part of your ordinance as well. When you have multif family 5 units or more, you're required to provide a charging station. Uh so we're providing that that's located towards the rear of the lot. Um and that equipment for the charging will be located near the AC condensers. Uh so that mechanical equipment will all be uh stored in one location towards the rear of the property. because of that EV stall, we actually get a credit. So although there's 13 physical stalls on the property, um on paper, we get 14 stalls based on the uh zoning ordinance. We have a requirement for these number of bedrooms and these number of units of a total of 11 stalls. Uh and what we provide in total is 14. The 13 physical plus the credit that we get. Six of those stalls are located uh to the east of the drive and then seven located to the west. Again, other than the very minor curb bump down near the front of the building in order to fit the appropriate ADA small size, um we have maintaining the existing curb line at the existing parking lot, not expanding that um anywhere else. As part of the project, we will be adding appropriate signage and striping uh stop sign, stop bar, center line stripe, etc. restriping the parking lot, resurfacing the parking lot as required. Uh in addition, we're going

to be adding in a dumpster enclosure. So, today's site does not have one, but we will have an appropriate place dedicated for refuge uh storage awaiting pickup, and that will be fenced with a 6ft high uh fenced enclosure. That's the back right corner of the property. We're not providing or proposing any identification signage, no monument sign or anything like that for the street because it's going to be strictly residential use. Uh we'll just have street number visible uh as required by law. As far as the zoning, we are located in a B2 business zone, which is of course why we're here tonight, requiring use variance for strictly residential use. Um there are a number of non-conformities as previously brought up by the board. We start first off with the lot area. Another requirement in this zone 20,000 square ft where we're at about 3/4 of that 15,381 ft. Uh lot dead lot frontage and width is conforming at 150 ft where 100 is required. As far as the principal building setbacks as it was mentioned 50 ft is required in the front yard, 70 ft required in the rear yard. Our total lot depth is only 102 ft. So those setbacks actually overlap. This lot has no allowable building envelope. If we were coming fresh with a vacant lot, uh anything built here would require there. Uh the reality is actually that we're maintaining all the existing setbacks of the current structure. We're not changing the footprint in any way, um addition or removal. And so all those non-conformities such as the 33.5 front yard, uh the 25.7 easterly sideyard and the 11.5T rear yard, those are all existing. Those will continue to exist and not be exacerbated in any way as part of this application as the building size is not changed. We also have existing four wheels as it relates to the accessory garage in the back corner. Uh 2T to the east uh sideline and 2 ft to the rear line. Again, this is an existing condition.

We're not looking to change that. No updates in that regard, but how it's existed for many years will continue to be the same. There's also not performing as it relates to the building to building setback. Accessory structures are supposed to be 20 ft away from principal structures. In this case, we're 9.4 ft away. Um, while that will remain, there previously was pavement and drive a there only 9 and 1 half extremely narrow. That's being removed of course as we talked about. So, while that non-conformity remains, there's actually improvement in the sense that we're not forcing cars to drive through that narrow area. Uh, max building coverage, of course, that's unchanged. We're not changing the footprint. Uh we are compliant at just a little over 20% where 30% is required. So we're or allowed I should say. Uh so we're about 2/3 what we would be permitted in that regard. As far as the impervious coverage today, it's at 77.6%. And what we're looking to do is actually reduce that by about 12 percentage points to bring it down to 66%. So by the pavement, we're opening up a lot more green space on the property. So what what the people see now is much more commercial, much more paved, and we're bringing it into a much greener state. Yes, that's correct. Especially um on that left side. Uh the next sheet gets into lighting and landscaping and this will answer hopefully the lighting question. We are proposing uh two building mounted fixtures, one to the rear of the structure and one on the westerly side. And then we're providing two full mounted structures uh one at only 10 ft tall and one at 14 ft tall on the easterly side of the driveway and driveby. And that's to light the parking lot uh and to light the access of the building. Um we're keeping that

relatively low um at varying from about a half candle to 3 and 1 half candles. Um, so most commercial parking lots you would see about 5ft candles. So, uh, we're keeping those numbers relatively low. Light fixtures are all, um, what we would call 0°. In other words, the light source itself is within the housing. So, we don't have glare when we look at those lights. It's completely within the housing and facing directly at the ground, not angled uh, like a spotlight or anything like that. So, the light from these fixtures will not shine in the middle of a joining problem. Well, we have about a half a foot candle right at the property line and then very quickly down to zero specifically on the rear uh to the left have anything shined over and then the commercial property on the right similar half candle at the works at the property line. It's it's such a tight property with parking lot being close to there. Um but we are landscaping out a lot of landscaping on those sidelines. Um and that will also help alleviate that. So the lighting is more residential in nature than the if this was a offices it's not anywhere near an office type lighting

right and it is uh as far as landscaping we're going to provide a couple shade trees along frontage especially now that we're moving that driveway a lot of new foundation plantings around the front ramp and surrounding mechanical equipment and then a good arborite screen on on each side line. Um there is a number of trees within this front right corner. Those will remain where they are today uh with no impact. So no intention of taking down what's already existing there.

That's correct. Yeah. Yeah. We want to fill in around. So, just so be clear, if this if we were to tear this building down, we cannot build unless you came to the board because there's no building out. That's correct. And if you were to tear the building down, there's no way to get the the front yard and rear yard setbacks that are listed in the zone. That's correct. That's all I testimony, Mr. Chairman, I have the engineer.

Quick question. You testified that the the date of the drawing you're working off of there is for December or something. Uh yeah, if you look at the top right corner, that's the revision lines. Sorry. Oh, okay. Oh, yeah. It's on different. Yeah. Original D is on the bottom. These are all understood. The uh the lighting that you're talking about. Yeah. Are these going to be like a motion sensor type lighting? Are these going to be operating all these are going to be hours that they're going to be illuminated?

Yeah. I think for the residential use, um I I would think they need to be left on uh because you can't predict when people are coming home. That's why we have the the so low foot. No problem. It's not the same as if you were talking about the stores along the main drive, but I believe that he's right that legally we have to make sure that it's accessible. That's right. That's what I'm sure. you um you mentioned taking out the driveway on the left. What's uh in the plans for the garage? Yes.

So, the garage uh is really going to be maintained for owner storage uh equipment like snow removal equipment or landscape equipment, things like that. So, that's that's not for use by the um tenants, but it it was hopefully going to be retained for use by them. Okay. It will not be a rental. Correct. Right. Not that we have no problem with making that a condition. We don't we are not renting that. Uh biggest problem with multiple family is this size is where where does the land work for his things. So that's that was our intention as as Tyler has indicated you. But we have no no problem with a condition that should not be rented at third parties.

All right. I have two questions. Um on one page you say you're going to remove the AC units, the existing AC units. Mhm. And then on this page, um, it says that you're going to be at this illustration right next to, right? So those So you're replacing it. So that replace the condenser for for the So you could break it down by by unit by. Yes. Okay.

And then the other question I have is the refuge. Um, is that going to be enough room for companies to come in there and remove that at the turning radius to to get in there to remove that?

So, worst case scenario, they could roll it out and just pick it up straight on and then back down back out. It's not a super long distance and again, it's not heavy traffic to use. Um, but we could provide some turning templates as a commissioner if that's something wants to. I'm just concerned that they're going to be coming in to that area in the parking area, you know, parking spaces that where is this truck going to wait for that to be rolled out and you you don't want to come out on Forsake Avenue. So, I mean, yeah, again, with this use, it it's not like a convenience store. You have people coming in and out every 3 minutes, right? So, I understand.

Um, I think you have a little bit more opportunity and gap in in traffic where you're able to pick that up. Okay. I got one question on the two plants that you have as a CH that are the two in the front. Yes. Can you describe more about those type of plants and what the root system is cuz they are close to the concrete wall there. Just tell us a little bit about what Yeah. I mean the columner horn bean it's it's really intend those are intended really for street trees cuz they do grow rather narrow. Um, and they are um they're a good 12 ft or so off that off that sidewalk set that they're offered. Um, so I don't anticipate any issues from them.

What type of a plant is that? It's a trick. It's a It's a deciduous, right? Correct. It sheds its leaves. Mhm. Okay. I have a a couple of questions. Um, you mentioned the detached garage is going to be used by the owner. Are they going to require that access? I'm assuming they're going to require the access behind the building, the paved area to get to that with a vehicle, right?

I wouldn't think it needs to be regular, but we were leaving that as an option if needed. Yeah. if you if you had to get a heavier piece of equipment back there like a snowball.

Okay. Because you mentioned before that you're putting up some landscaping which will help the lighting not spill onto the adjacent properties. But it seems like that line to the south I guess it is is the one that has the most spillage even though it's only I think you said half a foot camp or so. There's no way you could put any sort of landscaping along that line to help prevent any spillage if that space is going to be used for vehicle access into the garage. Is that a fair thing to say or

see when you ask a question that needs consultation, you ask the good question. I try my best. Okay. So, um, the owner actually doesn't need to have driving access to the rides. So, if you want to reduce that pavement width in the back, if the board were to see that and get a line of landscaping along that fence line as well, then we would be willing to do that. I'm not sure who the neighbor is to the south, but if that has um any effect if it has effect on the lighting, it doesn't. It's a commercial building. Yeah, if you look at the aerial um it's a commercial building. That's a commercial building. It's kind of an awkward shaped lot. So that's kind of the back corner of them. So they don't move yet. I don't think they have any improvements. That's not that's not residential behind there.

No, it's all commercial. I'm only bringing that up in case it's residential and the board has concern over that light spillage that goes over that line. I believe if you look at the aerial that's not residential. It's if you look at a uh A2. Yep. Right. You get a better look at that really I think answer more of your questions.

Mhm. But uh as the applicant has already just indicated to Tyler, if the board would like to see even more green, we could cut it back 2 to 3 ft and put a additional landscape in there. The whole idea that we're looking for is to keep it as residential as it currently looks, although it's not being used that way. Okay. I had two um a couple more short questions. The picket fence along that same line looks like it encroaches onto the adjacent property. Is there going to be any relocation of that to bring it into your site or

We did not anticipate that. This was probably done when this was converted from residential to commercial. It's probably 40 30 40 years ago. And it appears that through all of the change of handing of title that no one has ever asked that it be removed and that's been there about probably at least 40 years. So we were not anticipating it disturbing that at all uh and bringing it in in the line. I mean it can be done but since it's been there for 40 years and no one has objected, we weren't we really weren't going to remove it. Okay. And I wouldn't ask for anyone to remove it, but I want the board to be aware that there is that encroachment. So if there's any issue in the future, you know that at least.

Mhm. Um and then the other thing again was with the dumpster. I know you mentioned that the dumpster is a 9 Well, you didn't mention it today. On the drawing it says 9 foot wide dumpster, but the detail shows 12. That just needs to be clarified because a 12T doesn't fit in that space from what I see. So, if you could just clarify that was that was it for me.

Some of the questions that you had earlier, they've been answered, right? Okay. Okay. Any questions?

Anybody else? That's good. Okay. So, what we'll do now is we'll open it up to the public to uh any questions regarding the testimony that was just given. I have to bring this up only because I'm going through it right now. It looks at the town, but obviously you're across the street from the firehouse. Okay. I would hope your whoever is renting out the place is letting them know that our fire alarms are going to go off quite often. In that position, I have someone right now just purchased the house who wants alarms removed from the street and it's going to take us to court over.

So, um I I I want to make sure that you're aware that whoever's renting is telling the residents there is a firehouse. This alarm's going to go off quite often and it's going to be loud. It's going to go off at night. Well, the owner is right there. And now that you put it on record, it's going to probably have to be in the lease. Good. I like that condition. Miss Sergey has an attorney who actually knows how to read and write, it may actually ends up in the lease. And we all know that's a one-way street, I would say. So, obviously, they're coming around from the other side to get out. Thank you. Is there anyone else that needs to come forward and ask the applicant on his testimony? I see none. So, we'll close that session.

Thank you, Mr. Chairman. With your permission at this time, I'd like to pull my cler. Yes, please. We just leave the uh up there. Please raise your right hand, state your name, and spell your last. Nicholas Graviano. Nicholas with an H. Last name Graviano. G R A is in Victor. I A N. Glad you came back. Do 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 me God. I do. Mr. Braaniano, could you please give the board the benefit of your education and licensing?

Certainly. Uh, I have a bachelor's degree from Ruckers University, a master's degree in city and regional planning from Ruckers University, a law degree from the Temple University School of Law, where I received a distinguished class performance in state and local government law. I'm a licensed professional planner in the state of New Jersey. My license is valid. I also hold an AICP certification. I also serve as a special adjudicator for the affordable housing dispute resolution program. I've testified before boards and governing bodies in over 100 municipalities in 18 counties um including uh here in Pic County. I serve as the city of Clifton city planner, board of adjustment planner and uh planning board planner. Mr. Chairman, I submit as a planner expert. Okay.

Thank you. Thank you. Thank you for having me board. It's pleasure to be here tonight.

Thank you. You're fully familiar with this application. We've been to the site. You've examined the uh ordinances and master plan of uh the municipality. Can you please give the board the benefit of your analysis and the planning keeping in mind that this is a use variance not permitted in the zone if you go with the statutory requirements please? Certainly. Uh as you heard in previous testimony, the applicant is before the board this evening for a specific piece of property known as the borrow tax maps as block 8300 lot 2. That's with a street address of 20 Payic Avenue. Uh that is in an existing office building located in the B2 uh zoning district. That is a commercial zoning district. Uh the applicant is proposing a building with four one-bedroom apartments, two two-bedroom apartments. Hence the D1 use variance is being requested and that use is not permitted in the B2 district. Uh the applicant um applicants engineer provided you with A2. It's an aerial of the site. The site is located uh in a triangular block, block 8300. It's surrounded by a variety of land uses uh mainly houses of worship. We've discussed the presence of the firehouse. There's also a commercial building next door. Uh moving towards Ramapo Avenue. Uh it starts to become more residential in nature. Um, as you head to towards the firehouse and and heading up Wanaku Avenue, you start heading into the downtown of the municipality. I don't have to tell you all. You're you're familiar with the location of the site in the municipality. Uh, the applicant is requesting preliminary and final site plan approval with the D1 use variance as well as the pre-existing C variances that were discussed by uh, Tyler before in his engineering testimony. Uh the applicant is requesting relief for lot

area, front yard setback, rear yard setback, accessory structure, sideyard setback, accessory structure, rear yard setback, and accessory structure distance between buildings. That's all indicated on page two of the January 20th, 2026 cyers letter. Um all of those variances are existing conditions not augmented by this application. uh they could be granted under the C1 criteria, whereas due to the extraordinary situation affecting this specific piece of property, strict application of the borrow's zoning ordinance would create an undue hardship on the applicant in the development of the property. Uh that variance certainly could be granted without substantial detriment to the zone planner zoning ordinance as those conditions exist today. So the bulk of my testimony is going to focus on the D1 use variance. Um the applicant must show in particular cases and for special reasons that's the positive criteria of the D1 use variance um that this proposal advances purposes of zoning of the municipal land use law is particularly suited for which the site is in which it is located. Now when we look at that term particular suitability, it's not the applicant's uh role to demonstrate that there are other viable locations within the municipality for a project of this type. Just that this site contains characteristics that make this six-unit residential apartment building appropriate uh for the site in which it is located. uh the applicant must also uh satisfy the negative criteria and that there's no substantial detriment to the zone plan or zoning ordinance or the public good. So, first I'm going to look at the particular suitability of the site. This was a former residential structure at one point in his life. The structure was built in 1915 as per the burough tax

records. Um so this this is an application which seeks to preserve um this house which is ex this building which is historic in nature uh seeks an adaptive reuse that's responsive to market conditions uh to keep the structure which is aesthetically pleasing to the neighborhood. It's part of the neighborhood fabric and and and it adds to the to the streetscape of the neighborhood. Um, I had a chance to look at the site's proximity to public transit. Um, on on Hamburg Turnpike, there's bus routes 197 and 748, which is like less than 2-minute walk from this site. So, residents of this building will be able to take public transit to access New York City, as well as routes that take uh take you to Patterson and spots along the way. Additionally, it's within walking distance. I walked it myself uh to two beautiful recreational facilities within proximity uh of the residential dwellings and additionally it's in walking distance to downtown. So this is a location which um is particularly suited for the residential use which is before the board this evening. Moving on uh looking at the purposes of zoning of the municipal land use law. This proposal certainly advances three purposes of zoning. Specifically, purpose A, to provide municipal action to guide the appropriate use of lands in a manner which will promote the public health, safety, morals, and general welfare. And that's done through a couple uh objectives. Uh mainly um you heard Mr. Vanderval indicate that the impervious coverage on this site will be reduced by over 11% with this application. that certainly goes towards promoting the public health, safety and general welfare of the community when you're reducing impervious coverage on the site. Additionally, this building will be

brought up to modern building codes and uh the complete rehabilitation of this building certainly uh goes towards the safety and welfare of the occupants uh of the building. Looking at the term morals of the community, it's certainly a benefit to preserve buildings of this ilk to keep them part of the fabric of our community and it certainly goes towards addressing the morals of the community. Additionally, it promotes purpose G to vi provide sufficient space and appropriate location for a variety of residential uses to meet the needs of New Jersey citizens. I had a chance to look at the burrow's housing element and fair share plan which broke down the housing types by the number of units in the structure looking at 5 to9 unit buildings which the applicant is proposing before the board this evening that use only constitute 2.5% of the housing stock of the community. So this is certainly a building which is underserved in the community and will certainly provide um sufficient space for a housing type to meet the needs of the residents of the community. Uh just touching on that fact a little bit more. You know 90 91% of the housing stock within a municipality are either one unit detached, one unit attached. that's either a single family home or a townhouse home, a duplex or or an apartment building of 20 plus units. So, this is certainly an underserved um product in the community. Lastly, in terms of purposes of zoning, this certainly advances purpose I to promote a desirable visual environment through creative development techniques and good civic design and arrangements. Um it's a creative development technique to adaptively reuse uh these uh older buildings for for multifamily.

Um certainly it's it's the trend um that these office buildings are are going toward from uh commercial uses to to residential uses. Um, I had a chance to look at uh some some office space data uh pro prepared by Newark. That's a real estate um real estate company that not only markets properties but does data on properties. Um it indicates that northern New Jersey office vacancy trends um in the last quarter of 2025 um vacancy rates were roughly anywhere from 18.3% to 26.3%. That's why people like uh the applicant before you this evening are having problems renting this space. Um demand is heavily concentrated in class A office space in amenity rich buildings uh particularly in transit hubs in bigger places such as Marstown, Summit, Newark and Jersey City and the like. So this is a problem facing small smaller communities such as yours across the street state that people are having difficulties getting occupants for these uh commercial buildings. There's certainly no substantial impairment to the zone plan or zoning ordinance with the granting of this variance. Uh the building is going to function as it does today. It's going to utilize the same parking lot as it does today. And actually the site's going to be improved by removing that unnecessary driveway and replacing that with a very extensive landscaping package. Uh had a chance to look at the 2017 master plan re-examination. Uh some land use goals include promoting and providing appropriate balance of housing opportunities within the burrow. I touched on uh the fact that this will uh provide a housing type of a a underserved uh product within the community. And then it also seeks to revitalize the

downtown business district through marketdriven redevelopment initiatives that will foster private development. uh having additional bodies within proximity to downtown to uh patronize the businesses and work is in the businesses is certainly of benefit uh to the community. When looking at the Dvarian you must also show that enhanced burden of proof um given the uses omission in the zone. I think when you look at the staging of the municipalities documents the master plan re-examination was last conducted in 2017. We had a pretty major world event occur uh in the time frame since then. That was the co covid-19 uh pandemic. Uh certainly altered the landscape of office usage. Um you certainly had the prevalence of zoom and teams and all other platforms which showed that the smaller office spaces uh are no longer uh needed um for a big segment of the office community. I'm one of them. you know, I gave up my space after COVID because I simply didn't need it anymore. So, um, when you look at all these factors, you have an adaptive reuse of an historic building night built in 1915. You have a substantial reduction of impervious coverage on the site. Um, you have a creative architect which found a way to make very attractive units within this building. Uh, the applicant is requesting a modest proposal. Four of these six units are onebedroom. So it's not going to generate a mass of population that you would have in in larger bedroom units. So I think all those factors combined is the one variance could be granted advancing purposes of zoning a G and I without substantial impairment to the zone plan or zoning ordinance.

Okay, that's all I have. Anybody on board have any questions, statements? Now's the time. I got it. The garbage. Why don't we move that to the front? So that way they can pick it up quicker. And walking it all the way down, especially with the snowstorm we just had that they can't get there during the bad weather. So if they move it all the way down to the front, it'd be quicker access to that garbage. I think Mr. Vanderval could help you out. He's a little bit more familiar with the site plan. But yeah, very very good comment. Sure. I'm not against it, but that's up to the board if they want to bring that more into view of the street.

It would make it easier, especially if there's a fire cuz our apartment go down that road one way. I hate to see it being blocked by a garbage truck trying to wait for them guys to pick up that garbage. I agree with you. I agree. The board also. Okay. I will tell you, I do a lot of consulting for the waste management industry. Drivers will have no problems picking up that container where it's located today. So, um, I personally have no concerns with it. I I work a lot with that industry. The only my only comment to that is aesthetics. Aesthetics.

The whole purpose, just just so I could answer directly, the whole purpose is to keep this historic home looking like that. So that you walk by this today, you walk by it after it's done, it looks the same. It can be done. And if that's your preference, we can do it. It's it makes it more residential by having it in the back. That's my only comment. Go ahead. I tend to agree with um with the attorney. I'm sorry about I'm doing good now. I got I got a woman to agree with me. Only for aesthetics. Only for aesthetics purposes cuz most of the time with dumpsters, we look for some form of shielding. Um whether it's landscaping or fencing.

But again, I'm I'm not voting on these applications. So, right, maybe I can offer this that would help is that with adding that 5T or so buffer in the back that we talked about and removing that pavement, we could probably take that enclosure and pull it out of that corner and have it facing directly in the drive aisle. This way, you don't have to roll it out. You just open the doors and drive up to it and that would save time and keep a statistic. We would we would agree to that. Um, just in respect to his testimony, I just want to say I totally support everything about what he said. Yeah.

All my comments are answered by the testimony. Thank you. Anybody else? Nope. Okay. At this point, I'd like to open it up to the public to uh come up and question the planners testimony. Is there anyone? No. Okay. Thank you. Close that session for Mr. Chairman. That's our application. I reserve a right to some. I would ask the board ask for the public's participation. Correct. At this point, I would like to open it up to the public. Anybody from the public? I like to have questions, statements. Now is the time. Yes, I'm the public.

That's it. Please, please raise your right hand, state your name, spell your last. Paul Markwick, M A R K O W I E C. Do you swear or affirm testimony you're going to give this evening before this board will be the truth, the whole truth, nothing but the truth to help you got it? I do.

You can sit please. Thanks. Be comfortable. So I'm at 320 Ramipo. I'm on the corner of Ramapo and Pake. My driveway is on Pake although my address is Ramo. I think that's because the property was cut in one corner. They put a house in and they had to move the driveway a long time ago. Probably in the 1960s. That's my guess. So, I guess it's an admirable thing that they want to keep the home looking the way it is. It is a attractive property. It's nice looking. I think they painted it a few years ago. Um, they did a good job. Uh, I just I'm going to speak to the character of the neighborhood because I'm the only single family residence on that part of the street. Although my address is Rambo. So on Ram on that section of street uh there's a Rambo Avenue learning center. It used to be little lanes Monday through Friday sun up to sun down dropping off picking up cars coming going. Christ Episcopal Episcopal Church, weddings, funerals, hall of events, uh piano recital, religious observances, Mustafa Center, special events. In the summertime, they use their parking lot for uh like a kids carnival. Uh religious observances every Friday afternoon. There's a month-long religious observance going on right now. We feel Almastafa and Christ Church are good neighbors. We have a good relationship with them. Um, moving down 191 Hamburg turnt bike is professional building with offices which is used as a cut through many times. It hasn't changed. It's not going to change. It shouldn't be happening but it does but it adds to the volume of what you see on this part of the street. Uh, of course the firehouse 24/7

guys do a great job. Um, always something going on. Uh, of course there's 525 Wanuk app. Now that's the apartments and business at the end of P on the right hand side on the corner of P and Wanq. And um that has the old cut across from Hamburg turnpike into the driveway which is also exit. So at the end of the street that is a problem and of course that leads to the main memorial one most challenging areas of PM Lakes to turn. There's a lot of accidents happen there. So alls I'm saying is whatever you guys decide and I've learned a lot of things. You have questions I didn't even think about. Um is that how much more traffic and cars do you want to add to this little section of street? I've been here 25 years. I raised three children. I've seen a lot of accidents. You have to be careful with your kids. Their driveway is small. The property isn't very big. The home is a good size. You're talking eight bedrooms, six units, lots of cars, and they're going to be on a street. You're going to free up one spot. Of course, it's a one-way street. And you do have the occasional almost daily car going up the wrong way. I think you have maybe an officer out there tonight directing some traffic because of some observances that are going on. So, I mean, talk to the police, talk to the firemen. Um, I've seen it pretty much all, it's just a very busy little area. 2:00 in the morning, it's not so bad. But 7 days a week, and as far as not being able to rent it as a business summit, we got Franklin Lakes. We're the hub of P County. There's all kinds of highways that run through here. I don't know that end of it, that end of it. But as far as just using it and putting more homes and

more cars and you're just going to add to it and that's the way I feel about it and that's really all I have to say about it. So, thanks for hearing me out. I appreciate appreciate what you guys do. You know, it really is these things go along.

Thank you for coming. I I just thought I would mention it. Whenever there's an application, we do seek a letter from the police department and the fire department that they drive by and render an opinion and that can affect what we say and do. In this particular application, we have uh lieutenant from the police department and the acting fire official which see no problem with the application.

Well, that's fine. I don't know how long they spend at the area. I mean, no, I just thought I would mention it.

I'm just saying from someone that's lived there for 25 years, I'm catty cornered to the property. It is an attractive property. I understand what they're trying to do. I'm just telling you the way I see it. And everything that I just mentioned goes on every day 365. And the firehouse there is no off. There is it's 24/7. You have big trucks going through there. Was center a very vibrant congregation. Lots going on. They have a small parking lot. It's always double parked jammed. Christ Church, very small parking lot on Ramipo. they have to park on the street. So, we got Sunday, we got Fridays, Sundays, every day of the week with uh the learning center, the businesses just I just ask you to consider that part of it because I didn't really hear much about it from someone that's been here for 25 years. So,

we appreciate you coming. No, thank you for hearing me. I appreciate it. And that's really all I have. Okay. Thank you. Thank you. I have no questions. Thank you. Mayor.

So, just to add to his point, you know, I've been involved in redevelopment in this town for 20 years now. So, I'm dealing with these projects a lot. It all comes down to management. So, the management team that's involved with building this project is responsible for the project. Okay? Responsible for the people that are in there, responsible for the people that are parking cars and how they're doing it. And they have to be on top of that. If it's an absentee landlord or management, you're going to have issues. If it's someone who's on top of it, it all runs smoothly. That's what it boils down to. Okay. Thank you. So, Mr. Chairman. Yes, sir.

Ladies and gentlemen of the board, I uh want to appreciate not only you and your questions, it brings into particular clarity about what our application your questions especially about the setbacks and everything. It goes exactly to those points because this particular site is 115 years old. We would hate to tear it down and if we did we have to come with all sorts of variances. You have your your engineer and your planner with our reports and you see we've addressed everything. So with reference to to the gentleman who lives here, one of the things you have to say is you know you bring your own personal experience when you have an apartment and your planner and your engineer will testify. You know what happens? You get up in the morning, you go to work, you come back, you get that's your two trips, then maybe you go out. what he's had unfortunate experience for but thank thankfully I was expecting him to say he has a problem with all of the those institutions he's getting along well but the intensity of the of the commercial use that would be allowed here is much more than what we have in this type of situation we have an ingress an eress of of an individual when you have a one even a two-bedroom you know from personal experience what happens today especially since co twobedroom usually the other one is your office. Uh, I went from a staff of 13 to now a staff of two and and we're in three different places. I physically moved to Ocean County. I have one person in Bloomingdale and one in West Morford. It's just like we're all in the same office that I was for 45 years in Butler. It's like we're right there. This application we had attempted as I when I did my introduction I said what we wanted to do is to keep the integrity

of the town. These homes were the the pride of the state county. These were these were once family homes. These were huge. These were very affluent people had these homes. This will never be used in that type of situation again because of what has developed around it. The church, the fire department moving there in 1915. And I don't think the firehouse was there. Pretty sure it wasn't. So what what do we have now? We have a a master plan that looks to develop and provide the housing needs of the municipality. Nick testified that this particular area, it's two to nine units, a very small two and a half sometime. Very small. So what do we have here? We have a a major th the right to New York City. So, we're more than likely going to get an individual or a couple who are going to get on that bus and go into New York City or going to get right back out to 287 or down Hamburg turn. You have a situation where parking and I I know you address the parking and and one of the things here is we have excess parking physically excess from what you require in the ordinance. And then if you I really think I represent three town well I just retired from three towns but as up until 2025 I represented three towns Butler, Riverdale and Englishtown. And I always laugh in my to myself when somebody says well we put two EVs so we get credit of four. That's not four cars. And I but that's that's what the the state did. They said hey we're going we're we want you to do that so we're going to give you a fictional credit that the board must consider. So yeah, you have to consider we have 14 spaces, but we have 13. But 13 is more than what we need for this number of apartments. Additionally, what are the other benefits? You have another at least one additional affordable unit

that's that helps you with your requirements. It helps you in in your in your uh need for your fourth round fire. Uh I'm very pleased that Mr. Bait I know him. I don't know what we should tell people that we we're that old. Huh? Probably 30 years or more that we know one another in in professionally. And he agreed with with Nick's presentation in terms of what happened. I have done so many applications because of co I recently just got approval on Ringwood Avenue in Wanuku because we can't give away the first floor units commercially. We can't get a store there. we can't get an office there. Uh for two years I had I I had my own office there and it's very very difficult because it's very hard for people trying to come from Ringwood to come down here and make a left on the Furnace Avenue. Forget it. I had so many clients said I'll I'll see you after six and and no. So now I had to work overtime just so that I could get get to see him because I' got to get get some documents to go over. This site works so much better with this use. More green, more trees, a very well-run situation. We have landlord storage, not not part of the building itself. We have plenty of space as we're talking about with the planner. If we have to give everybody 100 square ft, we can order enough. We're going to have an update of of the uh entire building. The construction drawings will have all of the aspects, the uh the how we're going to heat it, how we're going to air condition it, all the electric, the fire security, and it reference to whether or not the the the fire state.

Uh, one of the things I found out with Moniku is that you have to have certain fire rating when you don't have so the hallways which I learned but every day you get to learn something new. So this building is going to be in terms of fire prevention is going to be class A. Everything's going to be fire rated. So what do you have? You have and I think I think you and I were working 30 years ago probably 20 something on with the uh the old warehouses, right? of it. Same with I go back that with I converted a bunch of the warehouses over there. Well, that was part of your first redevelopment project. That just goes to show you how old I am. But what what is how does this dovetail into that? You have a downtown that's revitalizing. You're going to put six more families to be able to walk. It's up two two blocks maybe before you hit the first store or or restaurant. So that dubtales even though this isn't the redevelopment area, you're this is truly a transition area because right after us, we have him and his and he's he's residential on this side, but what he's looking at on the other side is all residents,

right? go across from what he they're going to yell at me cuz I it's not discussion discussion. Don't just go.

I know. I apologize. But right across as residential and you know that this is the transition area and to keep that house at 115 years to keep it into something that will be utilized rather than to leave it vacant. We're not and there's no way we can go to these small units that they want in terms of commercial. You heard Mr. tourist and say they all everybody wants 200 f feet. Divide this building up at the 200 ft. We don't have enough parking. There's no way. If everybody showed up on one day, we'd need 20 cars. Doesn't work that way. So, the positive and negative criteria for use varants. I believe that we shown that through Nick's testimony. The positive aspects of engineering, I believe we show that through Tyler's. the need for this to be properly utilized. I believe that Nick showed that the fact of how these units fit and why they're this certain size. I believe Mr. Pillow showed you that he wanted to keep the integrity of the structure and that's why there the that's why we have a onebedroom bigger than a twobedroom but we kept the in interior so that we could keep the fireplaces so that we could keep a lot of the woodwork so that we can keep the integrity of a of a 150y old house. So for all those reasons I believe that we have met the New Jersey Municipal Landers Act. I believe that we have uh fully complied with Pompton's requirements and this is the appropriate case for you to act as the adjusting board and adjust the use so make this property viable and I'd ask for your approval. Thank you.

I'll give you them before we get considerate. So, what I like to do is to have uh Andrew uh go over the conditions um so that we can make an informed decision if you're going to um consider this for sure. The ones that I wrote down, let me I think I got them all, but uh that they would comply with the affordable housing requirements as confirmed in writing by the uh Burrow's affordable housing consultants. Um all leases will prohibit subleasasing um and also the use of non-bedrooms for use as a bedroom.

Um the chimney will be shown on the plans for the second and third floors. Um the garage will not be rented. It's just going to be for the landlord storage. Um uh the garbage the the refu is going to be moved several feet so the truck can access by going straight in. Doesn't have to be rolled out. Um we're and we're going to add additional uh impervious service by cutting back.

Yeah, they do not need pavement access to the garage so they can remove that and add landscaping. Um there'll be a lease the provision in the leases um specifically notifying all tenants of the location of the fire department and the um frequent alarms which go off in association with that. Um and those were the conditions that I have. We also talked about the basement. Andy Andy Andy does this involve us or Yes, it does. What is that? That's the municipal water munipal utilities.

Well, all this is always going to be contingent on on obtaining all all utilities. So, you don't do that, but they have to they'll have to get approvals and that's all the condition the resolution would be conditioned on them satisfying anyway. Okay. And should we say anything about the basement storage, the 2,000 square ft and how that will be used for possibly providing tenant storage or washer dryers. Yep. Sure.

Not sure if that would be a condition, but I know the test,000 ft. So, wait. You say um here first one second. Uh just in answer to the planners I want to indicate that we will provide tenant storage in the basement and the washer and dryers will be in the basement for tenants access and as I said before ADA requires us to put a what they unit u unit that will be done because it will be part of that requirement. They'll tell us what we know. Sure. Washing washing and dryers. Free access. Free access or they're going to be charged. Huh? It's free access or there's going to be

No, no, just we're going to put them there. I don't know about whether or not they're charged or not. Sorry. And that's going to be part of a lease issue. We have we haven't gotten that far. We haven't talked about leases because we we wanted to satisfy you. to get the stat. But we will as a planner says we we are going to put washer and dryers in the basement for tenants use only and storage for each storage. That satisfy your question? Okay. I was going to say about the air conditioning on the plan. It's outside. He mentioned before it was going to be inside the AC. So, I was just wondering what's, you know,

the location of the AC units to be delineated. I'm not sure they they're going to they're going to be replaced, Tyler. They're they're replaced in the same area, right? The AC AC's they'll be generally the same location. Okay. That was Tyler indicated where where they are. That's why it showed old and new in the same location. And those are the conditions that I have down plus whatever's on the record. Those are the ones I specifically plus your standard conditions as approved. You have to subject to all other state local approvals, MUA, utilities, all those things. Mr. Chairman, for the record, I concur with the stipulations. Okay. Can I get a motion?

A motion to approve with the stipulations is noted. I'll second it. Roll call, please. Uh, Mr. Hunt. Yes. Mr. Abate, yes. Mr. Cross, yes. Miss Berntock, yes. Mr. Owen, yes. Mr. Figula, yes. And Mr. Devonte, yes. Well, it's been a long time since I've been here. Probably when he and I would do the things about 30 years ago. I hope it's not that long for the next time. No, you

Yeah, I'll get him a copy of the resolution. No problem. Thank you. I haven't seen you. But hopefully I'll be back soon. Yeah. Take care. Have a great night and a happy holiday.

Okay. Hey resolution. All right. Five minute recess.

Has to be demolished. Do I have to hit the gavl again? All we have to do. Okay. Uh, call the meeting back to order. Uh we have a resolution BOA25-08 uh 102 Albany Avenue. Has everyone had the opportunity to review the resolution? Yep. Any questions, comments, corrections? Nope. None. Can I get a motion to accept the resolution? I'll make a motion we accept the resolution. I second. Roll call, please. Uh Mr. Hunt, yes. Mr. Abate, yes. Uh, Mr. CS,

yes. Miss Berntock, yes. Mr. Rowan, yes. Mr. Fabula, yes. Mr. Devonte, yes. Okay. Um, correspondence. Uh, we do have a a memo that came out from Elizabeth and Susan regarding training. Please make sure you get that done. You have until May 31st to get that done and to inform Susan that it is done. Can we make an arrangement to see the video either before a meeting or after a meeting so we can get it done all at once? Um we could but I think it's a video and you just got to sit down and just

you just got to watch it. Yeah, if you have to watch it. So if you want to get together and watch it as a group that you know whoever can make it can make it would just be easier for her as well as us. It's it's it's really I think we should just communicate it and if you want to do it okay can make it you make it. Yeah. Yeah. Okay. Um so that was that. Uh new unfinished business. Mr. CS you have anything on open space? I'll make it quick since it's 10:00.

No. Uh the harsh winter, the two biggest projects, the uh Lilfield and uh the bridge at Hersfield, they're on hold with the bad winter. Right. Correct. Right now they're looking about a month. Um she was Karen Murphy, the the uh chairman of the rep commission wants it done by the end of school for when when uh the uh last snow has not helped us. just

um airfield like like I said I I was told the two um like um footprints are in for each side cuz it's going to be craned in. That's as far as they got. Yeah, they got both the footings in and uh the uh walkway path can't be finished until that is. So it's all it's a long hold with the blizzard not done. Um there's a lightning detector system going in down at the little leak field that works off of the main unit at uh Lakeside School Field. Apparently there's a horn and a light that goes off. And um

well I can comment that when I was at the football game uh we did have a uh an alarm go off and everyone was like shocked. They didn't know what the heck it was. Yeah. Um and then they figured it out what it was and they cleared everybody out. Um, so yeah, it's an interesting uh siren or whatever the heck you want to call it, alarm system. My only concern, well, residents complain when there's no games on and the summer and that thing's going off. Unfortunately, the same line I used for the last 20 years. You buy a house next to a ball field, baseball in your backyard, you bought a house by a ball field. Yeah.

You buy a house by an alarm, an alarm's going to go off. Can I tell you? That's why I brought it up because we are having a situation right now with someone really complaining hardly. And you know it should be at least so they can't say they weren't home. Yeah. When they buy us the alarm was there in a long time. Go console. Wait a minute. You're saying that the lightning alarm thing if there's no gain still goes off. It's still going to go off. To verify what he's talking about on those alarms when the lightning if it's and there's no games going off just the light will go off. No sound. They can change that when there's games going on then the sound will go on.

Yeah. I think I mean that I wouldn't tell them to pound soft for that. You know, we do have a rule that after 8:00 if it's a nonfire because this someone has asked us to do this. Uh if it's a non like a CO2 detector, we're not setting the alarms off. We used to set the alarms off at 11:00 at night for CO2. So now when an alarm goes off, it's a house fire or something important and we're not changing it. It's what it is. Yeah. But think if it was your home, you would want those things going along so that you could be protected. So yeah, but I hear what you're saying about the the right.

So at Hersfield, you can't hear it all the way down at Carlo, so it's not that loud. Well, Carlo has its own. Yeah, you know, we're all covered in the whole town, right? And then the last thing was the new town newsletter. You have to go on the um the website and sign up for that. Yes.

If you want your weekly update on town uh happenings and so can I say or mention that we have the reverse 911 with information when you have cars needing to be moved for snow. Maybe what you do is you sort of broadcast it on there a couple of times and say, "Hey, you're looking for information on the town. We just want to advise you that this is what you could do." So maybe we can utilize that service to communicate it to the town that this is available and how to get out access to it. I can say the residents have been taking heed of what we said. We only had a ticket, a couple cars in this last store. Most people did remove their cars from the street. The only cars that you see there are some cars that don't move anymore, but you're going to get ticketed. The car doesn't move. It doesn't operate. You're going to get ticketed.

And that's it. That's it. Okay. Uh I will open the meeting to the public to come forward and ask any questions you want. There is no one here. I will close that session. Can I get a motion for adjournment? I move to. All in favor? I code. Thank you everyone.