Zoning Board of Adjustment - Regular Meeting

finished and please turn off all cell phones. The agenda of the Pumpton Lake Zoning Board of Adjustments, May 27th, 2025. The following is the agenda of the regular meeting of the Pumpton Lake Zoning Board of Adjustments. The meeting is to be held in the municipal building, 25 Lennox Avenue on Tuesday, May 27, 2025, beginning at 8:00 PM. A written advanced notice as required by NJSA 10 uh 74-1 ETAs has been provided of the 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 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 of the offices of the municipal clerk reserved for this and similar announcements provided to the suburban friends the newspaper designated by the council and planning board to receive such notices and filed with the burough clerk. Please allegiance 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. [Music] For the Wus, we have none. Uh, roll call, please. Okay. Mr. Hunt, yes. Mr. Abate, here. Miss Curran. Okay. Uh, Mr. Cross here. Miss

Berntock here. Mr. Rowan here, Mr. B here, Mr. Fagula here, Mr. Dante will be absent tonight. Um, we have Mayor Sera, Councilman Cruz, Andy Brewer, Kristen Russell, and in place of Carl will be Nikki Lus. Okay. Uh, approval of bills. Collier's engineering. Oh, apologize. Minutes. Um, everyone had the opportunity to read the minutes from last meeting. Mhm. Are there any corrections? If none, can I get a motion to accept those minutes? Second to accept. Abate and misspell. Roll call, please. Yes. Mr. Hunt. Yes. Mr. Bait. Yes. Um, Mr. Cos. Yes. Uh, Miss Berntock, you were not present. So, okay. So, or present. What? She was not here last meeting. So, I wasn't present. Present. Got it. Mr. Rowan. Yes. Mr. B. Yes. Mr. Fagula. Yes. Okay. Okay. Approval of bills. Call yours. engineering. You can just read the total amount on the bottom. Yep. Okay. Uh $2433.75 and then you could go on to the next one. And then Maraziti and that is for $1,66845. Can I get a motion to accept? Actually, Willie, you made a mistake.

It's 260583. Oh, you're correct. Thank you. Let's go back. Collier's engineering is $26005 and 83. Good. Thank you for catching that. I just remember I Okay. Are you reading the minutes or the agenda? We don't have for the 26. Okay. Yes. We're looking at the wrong ones. this way. You're looking at the agenda. Yeah, we're looking at the minutes, so Oh, yeah. You good? Yes. Okay. Can I get a motion to accept? I'll make a motion we accept. Any roll call? Roll call, please. Second, yes. Okay. Mr. Hunt, yes. Mr. Bait, yes. Uh, Mr. Cross, yes. Mr. Bruns, do I do a present again? No. Yes. Mr. Rowan? Yes. Uh, Mr. B? Yes. Mr. Fagula? Yes. Okay. Uh, we'll move on to the applications. Yes. Uh, 253 430 Montair Avenue. Unless talk about correspondence. I don't have any correspondence. Let's see. two words, but I don't have I don't have correspondence to discuss, so I don't know what it's about anyway. It was sent in your email. Just trying to save paper. Okay. So, correspondence. Uh, excuse me one second, Mr. Ricker. Uh memo from Elizabeth uh municipal clerk, burrow of roland, ordinance 25- uh code 963, site plan and subdivision. And then

another memo from Elizabeth, Municipal Clerk, ordinance number 36-22025. Um, an ordinance to amend part two, general legislation, chapter 134, land development and code of the township of Wayne. Anybody have any questions regarding that correspondence? So, we'll move forward. Application is BA2-03, 430 Montlair Avenue. Good evening, Mr. Chairman, members of the board. For the record, Bruce Whitaker from the former McDonald Whitaker representing the applicant, 430 Montlair Avenue LLC, which is the owner, as you know, 430 Montlair Avenue, shown on your tax map, is lot 13 at block, 1800. Uh, the uh property in question uh contains uh two uh commercial buildings. Uh this has been the subject of two applications before uh the land use boards in this town before, if you recall. Um about 2016 uh a while back we got a use variance here and approvals uh and we got the approval for a second commercial building on what you all know as the old PSE and G site. Um the property at that point is and is in the R-5 zone. So the commercial use by PSSENG um use variance was granted for the applicant's proposal which was to have these commercial buildings here. At that time you made a series of findings of fact regarding the applicant's proposal. uh and they're referenced in the resolutions that are attached to your application and um just to highlight it uh you determined that at that time based upon the upgrades that were going to occur to the property uh that use

variance was appropriate. You also granted variances for dimensional variances, bolt variances if you will, to permit a twoftyard uh rear yard setback where 30 was required. And you made a findings of fact uh set forth in the in that resolution that um the uh benefits of granting these variances would outweigh detriments and there were special reasons to grant the D1 use variance and a D2 variance for the expansion of the non-conforming use. So, the first commercial building that was approved has is under construction, been built. Uh, what we're looking to do now is take the obsolete old PSEG building down and upgrade the site again by mirroring a second building, making it basically two uh same looking buildings um that will basically uh complement the site. Uh there's no other improvements proposed as it pertains to uh any of the streetscape or whatever. If you've gone to buy it, I'm sure you all have observed that it's kept very well and it has been upgraded and will be maintained. Mr. Turo takes pride in ownership. Uh he is the current principal and owner of uh this company and would keep it the same way and his proposal is to now put up that second building for that purpose. Um on the basis of that we submit that the D1 and D2 variance is appropriate because it's basically uh uh a continuation of your findings of fact and a continuation of the uh reasons why variance relief was granted in the first place. So with that said, we have our same engineer uh from conquer associates to testify this evening uh and take you through uh the proposal by the applicant.

Please raise your right hand. State your name. Spell your last. Tour Latinic. Spell T i B O R. The last name L A T I N C S I Cs principal engineer with the firm of Consul Associates 49 Church Street Reag, New Jersey. The PE license number 32444, PP license number 3736. Those licenses are valid and up to date. Do you swear or affirm the testimony you're about to give before this board will be the truth, the whole truth, and nothing but the truth. So help you got Yes. Mr. Lentious, just briefly uh give us your qualifications. You've been previously qualified as engineer, civil engineer license in the state of New Jersey. You've just stated your licenses remain in full force in effect. Yes. And you continue to practice civil engineering and prepare these plans. Yes. I would ask that he be so qualified for the purposes of tonight's hearing and be able to render a professional opinion in that field. Engineering and planning, right? Yes. Thank you, Mr. Les. I'd just like you to explain to the board briefly give us an overview of what the existing conditions are on the site. Existing conditions uh referring to a plan titled uh preliminary and final site plan lot 3.02 [Music] microphone. We can't hear you. Um, so do we have a portable mic or does he need to come forward and talk closer forward a little bit if he look? Yeah, thank you. Referring to exhibit titled uh A1 which details the property um specific the existing conditions are as Mr. referred to the dated PSNG building on the uh

north side of the property. Uh if you remember that was previously occupied by an auto body shop is now occupied by church golf uh the principal of the application property the uh southern portion of the property which is on lot 3.01 a separate lot specific focus of this application is lot 3.02 02 uh which is uh 34,631 square ft in size. You may recall last time we appeared here is we subdivided the original lot 13 into um two lots 1301 and 13.02. Tonight we are preparing to redevelop 13.02. addition of the property is there's the new uh steel frame steel clad uh sixth bay uh building on lot 3.01 on lot 3.02 which is the subject of this property is the David PSCG building with a parking uh up front. And so what is being proposed now as far as the building size and dimensions? It is identical to the existing uh building on 3.01. It is 70 by 198 uh long uh building with a total area of 13,860 square ft that uh filled it would be broken up into uh six bays uh for uh rental and lease purposes. cited essentially for practical purposes

other than a row of trees space on the north side. Essentially, it's 100% uh paved today. Um parking lot will be reconstructed. Uh the entry to the property would be improved for day-to-day use and emergency vehicles as well to provide a 24 foot wide um entrance similar to sister lot of 13.01 when the parking lot is upgraded or will be upgraded to meet current ADA standards as well as electrical vehicle charging stations. uh and one of those be within the ADA stall as required. Lighting proposed is identical uh to the uh building on 13.01. There will be um wallpack uh downcast spotlights on the motion detector and timer override uh as is normal and customary. Um the one element you know clearly the two properties which were originally one are joined at the hip. A cross access easement uh is proposed between the two lots. Um each lot does have its own 24 foot wide two-way entrance, but people are just used to traveling, you know, throughout the uh uh lots. Um and in addition, they share dumpsters which we tucked in between the two buildings. They're out of sight. Uh but we indicate a strike fire lane which is lines up with if you want to call it the 20 foot wide alleyway between the two buildings which is where we also tuck

the two dumpsters so they're out of sight. And yes, the uh garbage hauler would be straddling the property line when he uh services those dumpsters. Uh so a cross easement to accommodate that is uh proposed. Um the ordinance requires 28 parking stalls. 39 parking stalls are provided. Um to have a clear record. We're here for two purposes. One is a Dvarian for commercial use in the R5 zone. The R5 zone requires 7500 foot lots. This is a commercial use on the 13,860 ft lot. Um the and then there's some bulk variances being requested. Uh the rear setback required is 10 ft 2 feet similar to the existing building at both existing buildings. uh is proposed. I note that we back up to the New York Sesuana Railroad line and beyond that is the Telcom Quarry and 287. Um building coverage um we're actually uh the building coverage permitted is 20% proposed is 40.43%. Again, a very similar use to the building a lot 13.01. And the last uh variance section 190-16 signage is not um permitted in a residential zone. There's an existing

sign uh which is uh 2x3 by 6 ft tall. Um, similar sign is proposed. There's a detail provided on the plan sheet. A similar sign is proposed for lot 13.02. Uh, but being that we are in the R5 residential zone, okay, which is required. Now, would it be correct to say that the building coverage that we have here now is different than the building coverage that currently exists? Yes. And we actually just give us those numbers. Okay. The current building coverage uh is 20%. Um that's what's required. That's what's permitted. Yes. I would have to uh currently searching the numbers here. Uh I am short on that number but based roughly it was 60% size of building approximately 10,000 square foot existing building. So you have on your building coverage plan 42.1% existing and you're showing it now at 40%. So there's a slight reduction. Yes. And would it be correct to say that there's another upgrade to the site besides the landscaping um and the modifications to make it a better entryway that you now have uh the handicap parking that was not there before and you also have uh the EV stations that's required by statute. Correct. And an improved entrance for dayto-day use as well as emergency vehicles. So just putting your planner hat on for a moment. You qualified as a licensed planner in New Jersey. You were here for the original application. uh for the uh original Dvariances and you have had the opportunity to review the uh variance relief granted uh the resolutions that were uh adopted by this

board both for the commercial building as well as for the subdivision. Correct. Correct. Be correct to say that the basis and substance foundation if you will uh granting the relief then would be a pertinent to and appropriate for this variance. Yes. These variances I should say. Yeah. And the lipus test for deep b areas is the site is particularly well suited for proposed use. This was prior to purchase by Mont Clara a LLC or Turo Golf. Best described as an abandoned site by PSEG. Um and in our original appearance I recollect very clearly the board was very receptive to the upgrading of the site. We have an exact what is proposed is exactly what we believe is is success on law 3.01. Um a wellmaintained fully utilized site. Uh that's an improvement to the neighborhood and the drainage improvements that were installed previously those drainage improvements remain and will accommodate what we are proposing. Uh yes, the site essentially other than some uh four oaks on the north side and some scrap vegetation. Um and there is very good buffer vegetation along the front, but the interior of the site is basically and has been for a long time 100% paved. Uh there's limitations with these drainage improvement because we are in a wellhead protection area and there's some old there's some monitoring wells from the PSCG use of this property. So traditional seage pits are not proposed. Um actually rain barrels are um propo

are on the existing building proposed um on the uh proposed building. And as a practical matter, do note that we call out a crush stone trench along the rear of the proposed building. We're going to uh discharge the roof leaders to the back of the building. Um which is just that's a practical matter. Even though it's the railroad right away, there's just more space. The um board's planner in the resolution 2016 confirmed and testified as a finding a fact that residential uses were not appropriate for the property because of uh its location nearby a quarry and railroad and those conditions still exist and remain uh a basis and foundation for granting variance relief this evening. Yes, I have nothing further than this. I do have other exhibits to show you just as a handout of what it will look like. We just get those The renderings are the marked. Yeah. What's that? They haven't been submitted. They have to be marked. And those these have not been submitted. So this will be A1 A2. A2. Just describe on the record what it is. He's going to hand. I think these are renderings of the uh one. You can hand them out. He's handing the other things out. What are those? What is What are those up there? Yeah, basically without the trees behind it. Just a little bit more, but it's something it's different from what's up there. So, we'll make this A3. That's A3. One second. A2 is a board with four sheets. A3 is A3. I'm going to say something about

that. So we have A2 and then A3. Those are Yeah, that's so mark those A3. Thank you. Oh, sure. This one is potato. Yeah. Thank you. Is there a way that we can um sort of pivot that so the people in the public can see that as well? Keeping it close when you're talking here. There you go. Oh, thank you. You can sit down right now. Sorry about that. So, you just describe that what they shown on that board. A2. These are renderings of the There's the existing building, the uh proposed building, a full property overview, and a landscaping plan of which is indicative of the existing landscaping that is in place. You've had the benefit of the cyer engineering report. Uh yes. And it correct to say that any of the requests made or can be stipulated that any of those can be met on a revised plan? Yes. That's all I have at this time. Okay. Um, anybody on the board have any

questions for the application? Um, I want to ask about what we were provided this information that we're provided here. Yes. They said, is this the size that you have available for us to see? Cuz I can't read this. But we submitted we submitted larger versions of this and it is up. So that's an issue with us then. Yeah. Yeah. Now we still do the big plans. We've had a little now. A just How many do you have? Just one. I hate to be redundant, but I have a question about um the PS platform where they had um a situation where the um where there was contamination from their trucks. Yes. And um I don't see it indicated anywhere on the uh plot plan. Okay. So T boy had testified to this previously. We're under D regulations. It's being monitored and there are wells there. But you can show there's there's monitoring wells. There's a cluster of monitoring wells shown on the plan at the north end. Um one right over here. There's a series of monitoring wells uh throughout the site uh that is the

prior there's one in front of of building 13.01 1. There's one here. There's a cluster of four here. That is the PSNG's responsibility to monitor monitoring wells and provide that information to DP. Are the wells accessible? Yes, they Yes. Where are they? There's four. There's four right here. There's one right here. Uh there's one right here. I don't see them earmarked on the plat small but the little W's up there. Two here. One here. Four here. Uh, got it. One here. That's four. Yeah. 1 2 3 4 8 nine. Okay. And how often did they check? Uh, that I cannot give. I can't give testimony. It's require. It's a requirement by the D with PSEG by a by basically a DP agreement and PSE andG it had to bond it and they are still responsible for for all of any work and inspections and fees involved with that. That part I'm not so concerned about because I know I know of that law. Um but I was just curious as to how often they're monitored. Okay. I can have Mr. Turko testify to that later. We'll hold a question. See if there's any questions of T-board and

then I'll have him come up. He's the only one. Okay. Here we go. So, if I recall when in the subdivision um Mr. Turo or some of the uh information about the area that is on the left hand side of this new proposed building is where he kept a lot of his outdoor equipment. Yep. And so that's going to be my next witness. Okay, we'll wait till Mr. Guys going. So this also this illustration that you that's the proposed new building A3. Just want to make sure we do that. [Music] Um I'm going to get call in at this point. Okay. What I'd like to do now is let's bring in from uh Collier to address the issues that are on there. Uh I just have a few points of clarification that um I wanted to go through from my letter. First, can you just clarify the lot area cuz you had it in square feet and acres and it didn't matter. Well, it's uh square on the uh controls. [Applause] [Music] Yeah. 79. Okay. So the point the 67 is wrong that I read somewhere looking at it might have been on the application. It it was probably on the

application. It is first page. Okay. Um so confirmation that 34,631 ft is the correct lot area. Yes. Um, also I do see that the um exhibit that you submitted does show landscaping which isn't shown on the site plans. Can you confirm that the landscaping that was approved as part of your prior approval will carry through to this one and that would be condition of Yes, absolutely. Okay. There's uh I found two day one there is a photograph of the existing Okay. uh shrubbery uh in front of the along the front of the property. Thank you. Um I also want you have it seems that you have plenty of parking, but I just wanted to confirm that um that it's clear that as I understand the EV law, the that EV handicap space does not count towards your regular ADA requirement. I don't think you're so tight that it doesn't that that it's going to put you in a bind, but you let me know. You said a standard code an EVA space does not contribute towards your ADA requirement. That is interesting. Assume I know it in reverse. I gave the citation in my Oh, I don't think I I had a I have a little rumor that you may not have gotten our most recent um revised plan. Okay, I can send that to you um because I cite that that law, which may be helpful that you don't need to then go hunting it down. But in the event that I'm correct, I believe you still have enough parking spaces to turn one of

them into an ADA space, do you not? Yes, we have. Okay. Yes. 28 are required, 39 are for Okay. Um, can you clarify for me the size of the sign? Because the revised plans that you have and what you provided testimony to was 2x3x 6, but then on somewhere else on the page, it seemed to show 6x6, 4x6. And then the letter said 4x6. 4x6. The sign would be identical to the sign in front of block 3.02. And that's 4x6, you're telling me? Yes. Where's the sign on here? 66. Okay. Can the plans for signature will need to be revised cuz that's not what the plans are showing. Well, here it's four. The height is six. Oh, but then this goes down here. The post is higher. The post are higher. The actual sign is what? I see. All right. It's a twin of the sign that was approved last time, right? Yeah. Yes. And then somewhere else I read 2x3x 6. I don't I Yeah. Yeah. Okay. The body of correct. Yeah. Just for consistency across everything. Let's get that um cleared out. Um that's what I have. Did you have anything to add? I just wanted to ask um you mentioned before the existing drainage improvements on the site. Can you go into some more detail on that? Well, the site has been substantially

paid for decades. addition of these improvements. The PAS consists of the gutter system which drains two rain barrels um and a stone trench to the rear of the uh buildings. More conde conventional sea fish kits are not permitted on this site nor required because it was full impervious to begin with but are not permitted on this site because of the groundwater conditions. Understood. So but the the existing building now has rain barrels. Yes. Okay. And those rain barrels when they fill up are they emptied? Are they do they overflow? Mr. Charcoal testify as the next witness. Okay. Thank you. Um the fire access aisle that you described briefly before I think you you were saying it'll be striped for car for um vehicles, garbage collection vehicles come in back up and collect um the refues. Is there a plan to actually use that for fire trucks? And have you gotten any feedback from the fire department on that? Um, I haven't received any reports from any department. [Music] The travel lanes are 24 ft wide. Um, hopefully we won't need them and they'll be able to make the turn in. Is that your testimony from Montlair? Make that right turn in with the radius that's provided in the curb. Monontlair

Monlair Avenue to the site. Absolutely. Uh Monlair has curve and curb is uh 35 26 ft wide. So it's actually 6 1/2 ft wider um than your standard 30ft road. And I tell you visually it looks even more but it's 35.6 ft wide. It's amazing what difference that 6 ft makes. I'm just thinking as it turns in, I won't go into it too much, but as it turns in, you do have an island that bumps out. So, you know, if it's if you notice those islands do not go the full length of the parking stalls, correct? So, they're um spec specifically for that reason. Okay. Thank you. There were some other comments that we had that were minor that were more planned comments. Do you agree to address those like showing the ballers on the plan and the details? He stipulated in his testimony that any of the conditions in your letter can be made conditions of a resolution if the board was so inclined to approve this. I guess my last question is on the lighting. Can you tell us what's there now? Is it just wall packs? Yes. And is the site is the parking sufficiently lit in your professional opinion because I know that there aren't any light poles within the site. Yes, that was a concern when we came here first time and because of residential nearby and we saw that the light packs would work appropriately and didn't have to put poles out there. So that's why we kept it that way. Okay. Thank you. That's it. there. Go ahead. Let me first. Yeah. I question regarding the fire lane and also the area in between the two

buildings. Is there anything that restricts you from putting a fence up in here? Well, we're going to have an across these in the parking lot. So, that will not permit a fence to go up. So, we record a document. This area would always be open and accessible is my point, right? There's never going to be a fence in between and so that people can come from either direction to get into a fire. That's right. Is that a deed restriction or deed? It's a deed restriction. Okay. And that's what you had mentioned earlier when you were saying about there there was something with uh the access and restrictions. Correct. Yeah. There is a letter uh from John Keading in the packet that he's waiting on some kind of documentation overall site so that he can uh report from the fire point fire department standpoint to make sure that it all um so that he'll have an opportunity to review it. So I don't see that he had a copy of that. Yeah. So I have a copy of that letter. I'd appreciate it. Yeah. Okay. And not seeing any doors. um on the sides of the buildings. Is that true? There's only doors in the front, right? There's no So, these passageways are um no openings into the passageway. That's correct. We have only two dumpsters there and that would prevent vehicles from parking. Understood. That would be Is there any restrictions from them parking vehicles there next to the building like that? It's going to be stripped. Okay. [Music] Well, what if they decide to send the dumpsters back and say that, you know, well, we we have more parking there. I mean, is there any restriction? Well, you're approving a site plan that requires things to be in certain location if you were to approve this.

So, they have to be there. It will not be a designated parking space. It would be a designated dumpster area. Is there anything that says it'll be located here or just because of this drawing? Well, miscellaneous law says that if a board approves a plan, the specifications on the plan is what has to be adhered to when it's built. Okay. Thank you. I would like to go back to the letter from John Keading. He did say that he did review the application and the fire prevention office has no objection. Oh, okay. So, it is in the packet. Thank you. [Music] Does anybody else on the board have any questions for the uh testimony that was given? No. All right. Public question. Okay. At this point, I would like to open up to the public to come up and ask questions of the testimony that was given by the Anybody from the public? So, come on up, sir. [Music] If you just have questions, you don't have to get sworn in, but please give your name and your address. Well, my name is Paul W. Tanic. I own 472 Montlair AD, lot 18. And the first thing I'd like to do is compliment the board for that really. I was here the first time they went through and it's been an improvement for my build, my my house on the last. You got to get sworn in the question. Even if you say nice things, you got to get sworn in. Please raise your right hand. Uh, state your name. Spell you last. I'm Paul W. Tenni. T E N E Y C K. Do you swear affirm the testimony you give this evening before this board will be the truth, the whole truth, nothing but the truth. So help you God. So help you God. All right. All right. To start all over the Good evening. I I'm very happy with this board. I think we're always fair to

all the applicants and everything. I was here the first time when the building came up and for my house being caught between 500 trucks a day with Tilcon and the public service, it's been an improvement noise-wise for my tenant in that house and I know Tilcon's going to be ending that. But uh so basically I don't have any problem with what they want what they want to do. If the board accepts it, I I trust the boards to let it go through. And my only question is probably in a year or so since I own lot 18, uh, I'd probably like to put a little storage unit up on that and I'm just hoping that whatever is granted here since I'm caught I'm like an Oreo cookie in between two big companies here. I'd like to put a little storage unit up there and I hope I would be be acceptable that I get the same considerations, setbacks and everything to make it easier for me. So, I don't know what you think it could do, but uh I'm happy with the board. Mr. Turo, him I don't know. Mr. Whitaker, I know T war I know and Mr. Turko, you know, they've done a good job and I think it would be an improvement to the neighborhood that passes. But if the board doesn't think so, then I'll vote no against it cuz I trust you guys more than everybody else. Anyway, thank you for the time and just for your consideration and just remember to see me in a little while. I hope that they get the same consideration as Mr. uh as as all the applicants here and thank you for your time. Thank you. Is there anyone else from the public? Sir, 443 Montlair Road across the street from the proposal project. Um yeah, if it's just questions, no. Can I give testimony? Yes. Oh, I got lot of questions. That's just state your name, spell you asked. Mandy at H I N T L N. 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. Of course, I do. So, help me God. Um, the only thing that I received was a um a letter from the attorneys because I'm within 200 ft of the proposed project. So, that's the only thing I had to go on. Um it the letter stating notice of public hearing of the lake zoning board of adjustment. Um down on the second paragraph it says the act could seek preliminary and final site plan approval both at the same time. Is that normal? That's not uncommon. If there's if there's not going to be many conditions that things that have to get changed and everything is getting improved at one time. That's not uncommon. It's not uncommon. Uh the applicant also seeks to follow variances use varianments varants to permit commercial utility building in a zone where the use is not permitted. Why is it not permitted? Because it's really a residential area or That's correct. Correct. All right. Now, that building has been there long before not before I was born, but it's been there a long time. And that was it was referenced in the old the testimony from 2016. in that situation Kevin. Okay. The rear setback of 2 ft where 10 ft is required usually on the setbacks as you all know is to maintain that in between the property line and the building. Um now under testimony here they just talked that it's going to be crushed stone. So it's not going to be any grass or weeds or trees that need to be maintained. So I agree with that. That's fine. Um the building coverage is double what it's supposed to be. Um is this unusual? I mean the other building that's there is fine and uh there's not a problem with that building coverage twice the So the testimony is that this actually

would be a small reduction to what's there today? Yeah. It's 40.43%. Where 20% is maximum permitted. Yeah. And there's 41 there now. Okay. So, uh, uh, the dumpster issue. I live right across the street. Um, they have two dumpsters as you pull into the driveway. Um, I got to say one thing about Mr. Turko. Since Mr. Turko has bought the property, he's done everything any of the neighbors asked. He's improved the property. He's landscaped the property property. He's really been a good neighbor. Um, I never brought up to him about the dumpsters. They pick up the dumpsters sometimes 6:00 in the morning with large heavy objects. I hope that that can stop and it can happen after 7:00 when normal time is. There seems to be two different companies that pick up the dumpsters there and they come at various times. Most times before 7:00 a.m. and they wake up the neighbor. Um I hope we can rectify that. Um the signage the signage you were just talking about 4T by 6T 24 square ft. It was 15 square ft on my letter here. Well the signage is bigger than was stated in the letter. Um don't know why. Um 4T by 6T is a pretty big sign. I hope you can look into that. This sign will be the same as the sign that's out there now on the other building. down the street down towards the other gentleman's house towards Broad Street. Right. Mr. Turo is going to make it a twin. There's one side there. Now he's going to make a second sign. Okay. See that sign if it was be the same. It's 4T by 6T bigger than was in the letter here. 15 square foot was in the letter from you. Yes.

So you said 15 foot and is already assigned as bigger than that. That's correct. on the other lot. So, what are we doing with the signage now? Um, the last paragraph said, "In addition to the above request, the applicant further requests that the application be deemed amended to include the board grant any additional approvals, variances, exceptions, or waiverss determined to be necessary." Determined by who? By this board. That is typical. The New Jersey Supreme Court has said that when you give they realize that when you give notice to the public um occasionally things get missed. So their professionals look at it, our professionals look at it and occasionally they missed a variance as you're going through it and the Supreme Court has essentially said if you put in that every variance that you know of and then also something that's called what you read is called a catch all. And by the way, anything else that that the board or anybody's deal determines is necessary because somebody happened to miss a variance, you're allowed to ask it that way as long as you list everything that you know of and you say, "And we're also going to ask for any other variances that the board determines are necessary. It's to catch things that are missed." Okay? So, it's anything that got missed just that's that's what that called catch all permission. Okay. Um because it says uh in review of the processing of this application whether requested by the applicant, the board or otherwise. So who's the otherwise? Board's professionals. Oh, and occasionally members of the public point things out to Okay. Furthermore, to the extent deemed necessary by who? By the board. The board and their professionals. Okay. Um, an applicant request variance and or waiver relief from any and all preexisting non-conforming site

conditions. So, the layman that sounds like a get out of jail free card, but I understand pre-existing non-conforming conditions. Sometimes some boards, if you have that approved for it and they the property is seeking new approval, but those conditions stay exactly the same. Technically, it's a new application that is still a variance. And different boards, some require you actually justify those variances. Again, others say, you know, it existed before. Nothing has changed. They're automatic. You don't have to provide specific proofs for those pre-existing conditions. Okay. Um, will Turo Golf occupy any of the new buildings or will they all be rentals to other businesses? Okay, Mr. Turko will testify to that in a moment. Okay. Um, it says 28 parking spots required, 39 provided. How can parking be known if the rental requirements are not known of the new tenants? The parking designations in the ordinance provides for the amount of required parking for any site plan. So the ordinances in Papa Lakes require us based on the square footage of this commercial building the 28. One of the rentals that he has in the building that's there now is an auto body. They park a lot of their cars, some without license plates out on the street. We brought that up a few times. Um I've been over there to talk to them and a lot of times they'll move the cars. So now if we're putting six more units in now if it's a mechanic the same problem may happen again. So that's what was my question. Mr. Turo I have to admit with his company and his men has been excellent.

if we had a problem with parking cuz it seems to be commercial now with his building across the street and on my side of the street it's residential and a lot of the tenants park in front of their homes. Um, a lot of the homeowners park in front of their homes quite often, especially with that uh actor's little place there. They bring a lot of people in. They set up for stunts in the movies and a lot of times other people come in for them to set up to stunt. They're out in New York State. They're from all over and they'll park where we and our tenants park and I've gone over there and uh had with the gentleman and uh he wasn't the most pleasant but um so we do have issues on the residential side. So that's why I'm concerned about the park and who is going to be occupying these buildings. Um lighting lighting has been pretty good. Um this turquoise planted arbor vidies did cut the tops of them off but u we won't say anything. Um the higher they are of course the more lighting if blocks you know and with second stories a lot of that lighting does come across the street. So, um, but like I said, he has been great with the plantings that he had. Uh, but we are concerned about the lighting. If all that lighting can reflect back to the building, it would help the residents on our side of the street. Um, dumpsters, uh, they're not going to be visible from the the street, or are they? Right now, they are visible through the driveway. I can have uh T if you want to just comment show where they are. They're not in front of the entrance ways. Correct. All right. The private dumpsters are to

the uh south to the left of each PSA building. Yeah. They are being moved further south in between the two existing buildings and they will be hidden by the landscaping up front. Okay. Let's do it. [Music] Um the monitoring wells. There are two more on Monontlair map about four houses down from my house. On your side of the street. On my side of the street. Yes. Where John Wley used to live. I don't know if you know where you must know John Wgley. Um so yes, there are other monitoring wells off site on Montlair Avenue. Um yeah, if Mr. Mr. Turo can answer a few of those questions for me, I'd appreciate it. But other than that, I have to say since Mr. Turo has owned the property, he's been very good. He's maintained the property and he's been a good day. Thank you. Okay. Is there anyone else from the public that would like to come up and ask anything of the uh testimony that was given? Seeing none, I will close that session. [Applause] Next witness will be Mr. Charco. Please raise your right hand, state your name, spell your last. Um, Larry Turko, T RC. 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, I help you. Mr. Turko, correct to say that you're the principal of 430 Montlair Avenue LLC? Yes. And you've been in charge and have owned this since you've owned this property. You're the one that has brought these previous applications as it pertains to the development of the property and the subdivision of the property. Yes. And you are have your own businesses there, but you are very familiar with the

day-to-day operations at the site. Correct. Yes. And in fact, you come and go to that site quite often. Correct. Yes. And um you have employees on site that report to you. Yes. Tell the board and explain to the board uh or let me do this. You're also a principal of uh grass keepers and turo golf. Is that correct? Explain to the board what your proposal is with this new building as it relates to Turo Golf and Grass keepers. Well, we're going to replace the building with a more efficient building and um our offices are going to be relocated. So, uh, there's not really any office space because that we occupy the office with a lot of employees. So, we're going to be moving to another location, um, that we've already designated, you know, if once this gets built. Um, as far as the equipment is concerned, we're not going to be able to park the equipment there because we it's going to be a rental property. We're going to have we'll occupy one or two sites for storage, but there's not going to be any heavy equipment there, you know, after the building is built. So, it'll strictly be, you know, only a tenant in the complex. Um maybe one unit the most, maybe two. Um but we just built another industrial park in Rockland County that's completed and um we're going to be relocating our corporate offices back to Rocklin County and we also have other storage areas that we're going to have our equipment stored there. Correct to say that the equipment that you're storing there now outside whatever that that will all be removed if this were built. Absolutely. Okay. Uh, in connection with the uh, garbage pickup that you heard this evening, I know owners have a lot of time trouble um, controlling private contractors, but would be correct to say that you contact them to try get them to u adjust their hours for pickup. Yes. Okay. I wasn't aware they were called

that early. So, se 7 a.m. or thereafter. I wasn't aware of that. Okay. You never mentioned that to me. I I said that. I never was able to if you mentioned it to me they would have been addressed and look and I agree. Okay, that's good. That's good. Okay, keep it here. Um, exactly. I have nothing further. Any other questions? I don't recall. Yeah, we have the the uh monitoring ones. Oh, the the how often do they come to the monitoring? Well, they're they've been monitoring for years and and they come once a year. Those wells are clean. Um all the tests are clean. The water is absolutely there's no more contamination. They they did remove all the contamination before we bought the property and they filled it with clean soil. So it the soil is not contaminated presently. All the wells are monitored and every report every year comes back drinkable water. Believe it or not we don't drink it but it there there's no contamination. Do they file a report with the town? Absolutely. No they follow the D. DP, I'm sorry. The DS, we have a very we have that's very they're tight. They're they're they're very strict. It gets filed. It gets reviewed and we get copies of everything. These wells, just so you know, they're they're 6 in. They're 8 in caps, okay? They're vertical in the ground with tilings maybe 20, 30 ft. So the caps are almost like a sprinkler head. So when they come in, they just unscrew it and they put this apparatus in that goes all the way down. So, it's not a big well. These are like caps and they have and metric. I mean, really, they they've been clean, but they I guess the state requires them tomorrow. Um, before we bought the property, we had an agreement with PSNG um that they are required forever to maintain the wells and forever to do the monitoring and the expenses borne by

them. And that's in our deed restriction and our covenants agreement. Uh the other part of Randy's testimony was the auto part uh the auto body shop parking non-licensed vehicles. I wasn't even aware of I understand and I was wondering if we could make that a part of your notes so that we can No unlicensed vehicles on the street. Correct. I I'll go speak to that gentleman now that I was made aware of it. Um we one other thing that we do is um we have many businesses and many other real estate properties. We have very strict um leases and they're monitored and they we are very strict with monitoring the properties and what what they do, how they park. I mean we've had, you know, several incidences that we had to remove cars. So we're constantly monitoring the site and we take, you know, our investments literally because the tenants need to have parking, but they also can't abuse it. So now that that was brought to my attention, we'll make sure that we we readress that in memorandum to all the tenants. Very good. Thank you. Just one question. In the new building, uh who do you plan to rent to? Do you have any plans of the rental? Well, so we we met everybody. I mean, we don't have any we're going to take a spot, but it's going to be similar uses and it's going to be monitored. I mean, right now the building is bigger there now than where, you know, um, we're we're putting in and there's not going to be any office. So, the tenants probably the carpenter that's there wants to take a spot, you might want to take two. We have an electrician that's inquired about being interested in and renting. We have a plumber. So, we have that type of use right now. We're looking to rent. They mentioned the lighting also which I just want to mention but the can't the lighting is very adequate. I mean you're saying that it goes across the street. I

mean we've monitored with all the operies it's adequate and we don't see anything going through the plant. So we we'll just make sure that they adjusted if that's happening. Okay. Very good. Any other questions? So I have a question in regards to the parking because I I can see that being a concern. Um, if Larry was not the owner, um, and is there anything that restricts anybody from stopping them other than the owner? Um, as far as how many people are parking in the street? Um, my question is whether this application has any type of restrictions as far as parking in the street and and I'm curious other than the owner. um because you can see how people would can take up the spots where the residents are used to you know parking and how that could become a problem. So I'm I'm asking is there any type of restriction in this application they have not proposed though typically the the the way it is handled is that the parking regulations which require x amount of spots for commercial use takes into account what should be sufficient. So if it if it is a popular business that drives more customers than we would have thought, no, that that's not something that's really dealt with. That's why they set the number. Having an unlicensed car on the street, that's enforcement. That's illegal. They can get towed, anything else. So they can call they police department. That's enforcement. But I'm referring to licensed vehicles that come in that have their someone that has a business here and their employees are coming here. They're not parking in the parking lot. they're parking on the street and they're going out and and doing things and we don't know um how many other vehicles could become involved. We are talking about a lot more square footage of a building, a lot

more um you know spaces are somewhat being provided. But my my question is down the road when who knows what is is there any way to restrict the number of vehicles that are attributed to this usage and this site that are being parked in the street? Is there any way to limit that? Typically no. Only if they're doing something illegal. So that's that is that is the function of the the governing body in setting the number of parking. They're supposed to take into account all right what is going what type of what amount of parking is going to be necessary for this type of use so that they have sufficient parking and it doesn't clog the streets. That's that's what the parking regul parking requirements are designed to do. So then I'm going to ask Larry as far as or Mr. Turko. Um, as far as what you what you talked about in terms of your usage of the buildings, you you take into account the type of u business that's there and how many vehicles that they may have and be bringing in. Like if it was three auto um either shops or uh you know customization guys and there's sound guys and they're all bringing in vehicles and those vehicles are being parked. And the leases have have strict parking uh requirements per building. So at least control at people that are parking right now on the street are my employees unfortunately and they're not going to be there anymore. Most of the parking are right now in the street my employees park there. So when we rebuild the building it that really should not be an issue. We do have very strict leases and really three four spots each tenant gets and we monitor them and if they, you know, don't follow instructions, we terminate their lease. I mean, we're very, we really strictly enforce it because anyone, you know, it's like anything else. we don't enforce it and we do have a good system

in place and you know we make sure that the parking that we u the tenant that that basically rents from us isn't going to have excess cars to cause a problem like you're talking about now there have been some instances that the street gets busy because of our employees our office that will be mitigated because there's not going to be any more efficient use there right now we're using it as an office and the employees aren't going to report there anymore they're going to a different location. You know what's what's nice about the tenants we have is they they come and go. Grass keepers comes at 7, stays there till 5. That's that's going to be mitigated because they're not going to be we're not going to work on it or anything. Yeah. I to clarify the application before you is for a devariance for commercial utility storage is not for a devariance for a garage and it's not a devariance for an office. So, those uses are not allowed there. Um, my office was approved at before it came. I don't know. I can't speak to what was approved before, but on this site that's being approved now, new office, it's commercial utility storage. The the new boat. Yeah. Correct. Well, not that. Yeah. That that I shouldn't say that's being approved now. That you're considering for approval now is for commercial utility storage. It's not They can't put a garage there. There won't be three garages there unless you were inclined to grant more devariances. Well, our previous approval permitted um office use in the old resolution for Turbo Gall and automotive service center truck bus off-road vehicle storage or use of construction equipment and materials storage and maintenance of equipment and materials for landscaping. We are trying to do a twin building. So it would be those same uses. That's not what we reviewed this for. That's not

what your application was for. Did I finish? In our prior application, we call all of that commercial storage building way back when. I'm I apologize if I use the same language I used 10 years ago, but that was so we'll amend our application to one the same usage that was approved in 2016. that would also trigger further parking calculation issues. So I don't I don't know like the the calculation that we did for parking is for storage. I don't know what the if it was if it was offices, if it was garages, if it was anything other than storage, the parking calculation is going to be different. Okay. So the Turo G had offices there and we testified to that. I know you weren't here 10 years ago. I'm not I'm not questioning what is there under a prior approval. I'm looking at what you're proposing to be there going forward. And if we did the math for a storage building and you're and you're also contemplating these other uses that was not part of our analysis. [Music] There's no offices. That's when the new building will not have offices. We're not we're going to move out right now. And the new tenants coming in will not be an office tenant. It'll be one like you just described. Yeah. Okay. That's what that's what we official. This is not no secret. So no no but on the new proposal maybe clear on the new application. We're proposing exactly what we proposed when we got the original proposal. Nothing is different. Well, what's different is that the words

that were used triggered the analysis that was done by the board of professionals. If what is being said is that the proposed use is not what was written in this application but what happened previously then that's something that are that our consultants I believe are saying if that is what you're looking for that their analysis is incomplete. Is that fair statement? Yes. because they based it on the language that was that used for this specific application not previously what was what was conveyed in this application that we're previous so let's be clear Larry as to the type of tenants that you are proposing for this new building automotive automotive repair um Not specifically, but if if it happened to come up, it would be considered. We have to we have to put this on the record as to what the uses would be. Uh storage of construction equipment. You talked about and you have there now a carpenter. Correct. Okay. Carpenter or plumber or electrician. Okay. Um storage and maintenance of equipment and material. uh truck, bus, off-road vehicle usage and maintenance yard. There'll be no maintenance yard anymore because we using that part. It might be that and no office use. No office [Music] except if they have like a office in that building that they need to have a desk for an office but it's not an office building. So the former may have a desk there to write up his bill at the end of the day, but that would be an answer to the primary. Make sure we're clear because I'd like to be clear. Not to be clear. So just to be clear, a

business would not operate out of there. Only the uh business entity would have their materials and their equipment and that type of stuff, but they're not operating out of there. Is that correct? Correct. So, a carpenter would have all his wood there. He could come in, he might cut a couple pieces of wood before he goes to a job, and he might write at the end of the day on a desk to send an invoice out or a computer to send an invoice out these days or things like that. But no office [Music] staff. Well, one guy working in there or six guys in there cutting wood. That's my question then. I mean, where's the line? Well, there is no line if they come and go from that place. That's what we've had in the past. That's what was approved at the other [Music] building. All right. As long as it as long as I'm clear, there's not a business operating out of there. Like a guy has a a a sound installation business. They're bringing cars in there and they're installing sound equipment into that car, right? That's not happening there. That's being done now. That's part of the automotive service that's in the in the current building. Now, that's a business. They're going to operate businesses from there. [Music] I'm I'm going to probably put on question unfortunately. Do you believe that what has just been listed as intent of uses that could be there that they're looking for is something that you done the analysis for yet or would that take I don't know how we would calculate the parking without knowing exactly I mean is particularly the the automotive thing that is you know like something

like storage and industrial manufacturing which is the closest thing I can come up right with right now to like a carer type of thing, those have the same parking standards as one another. So, it it doesn't matter. But when we get to something like um the garage, it's one space per employee plus four per bay. Now, unless does the Pmpton Lakes zoning officer have a, for lack of a better word, veto over a tenant if there's not enough parking remaining on site. That's the only way I can think to stop it before we have a tenant move in if we don't know the tenant or the use composition at this point in the game. So, I would agree that I think the right way to do this is the approval is granted. We have to have a tenant application for each of the tenants that come into a commercial space in Pompton Lakes. And he's going to have to see if the use that's proposed fits within the parking parameters that comes up to the maximum number of parking spaces that we have. I think we're both saying the same. Does he? I think so. But does does Pton Lakes do it that way? Yes. Change of use. Change of use. I've been doing it for years that way. Yeah. Lieutenant Mr. Circle has a question. Yes. Um for the record, there is a tenant application that gets submitted. The tenant goes talk to a building inspector. The building inspector talks to the tenant before they move in. It's a formal submission. You have to get there's been a formal submission. It's already in place. No one moves in. As long as there's somebody to say, "Oh, if you're going to do that use that has a higher parking demand and somebody can verify that that many spaces are

actually left, then I think it's probably okay." At least there would have to be the process right now is that the tenants someone comes to all real properties. This is the way it works. They go talk to the building inspector and they fill out an application and then the building inspector comes out and gives them a tenency of love. They don't move in without that the town in this in this town in this town. You have to show a parking count where you make a submission in zoning under zoning. So that's they don't they don't move in without the the fire guy comes out and inspects. My my my issue my issue is that looking at and saying 28 or 29 spaces is required and so site plan is being requested. That requires them to look at it and say proposed potential uses potential uses could require this many parking spaces and um they have that many parking spaces. If it is not if if what you're saying is that um since this is residential, you're going to have to list all the potential uses. She's going to have to do it beforehand. There's just no way this could be done otherwise because you have because if it is if you're allowing uses that are not residential, you're going to have to say what's being proposed. The 2016 resolution has a list, but this is something new. if and she hasn't done that analysis to see if this park that parking is sufficient. That's the problem. But that 2016 isn't what specifically was asked here. You're looking for sight plan on something specific. A building that's going to have X. That's what she reviewed. That that it may be just pushing this for a month to to really figure this out. But my that's my suspicion of what should be done here if to to really make sure and it might be

clear that it is but that the number of parking spaces is sufficient for the uses that are potentially going to be in this property. Well, we would have to do some sort of mix and match as to how much space would be taken up with different uses. So, let's look at it from a practical standpoint. And I do a great deal of work with commercial buildings and leases and going to a zoning officer to see if the parking for the use being proposed is going to meet the standards and I don't wind up with space I can't use, the landlord can't use because it's overcommitted on the other spaces. We got six units here. Hypothetically, if we take and come to the zoning officer with a commercial use that requires more parking spaces, then would result in having to go over the 38 or 39 that we have at that point. We wouldn't rent to that person and then have empty space. That's the practical standpoint, the practical reality of it. Well, the unless you're unless the tenant was like, "Well, we're just going to park on the street." That's what we're trying to prevent. No, the zoning officer would say, "You couldn't you could not be there, right?" No, it wouldn't be parking on the street. Zoning officer would say, "You're you're out of room. You got you took a use that eliminated certain square footage in your building that could never be used." And this landlord, I know, is not going to ever do that. Okay. We're going to walk in with a with a tenant, show the zoning officer, fill out the application, and at that point, make sure that we have sufficient parking that we can use all of the space in the building. I'm familiar with the zoning off ordinance in Pmpton Lakes. I'll date myself. I go back to when Ron Higgins and I were doing tenant approvals back in the 80s. So, I know I I mean, I know Compton Lakes and the zoning officers in the past and what they've required.

It's appreciated that say the owner would uh be more conscientious of it, but we also have to think about the fact that he may not always be the owner. We're putting something in motion that's going to exist in perpetuity. But any owner has to go to the zoning officer before a tenant can move into a building. And they have to show number of employees. They have to show the type of use. The zoning officer has to look at the chart and determine then how many parking spaces are attributable to that lease space. I'm comfortable with putting, if the board wants to consider it tonight, the significant number of conditions that on each new tenant, each change tenant, there would have to be written conf confirmation from the zoning officer that there's still sufficient parking within the site plan that was approved. Um, uh, and if not, they're going to have to go back toward the site plan. I have no objection to that. No problem at all. Could we also require that the zoning table be updated to show I I know without knowing how much square footage or bays are dedicated to each use, it's a little bit hard to know, but it should at least list the standard for the different uses. Even if we can't do the math for the requirement, it should at least say 1 to 500 square ft for um storage, one for 500 square ft for um blight industrial, one four per bay plus one per employee for automotive. So, putting that on the plan itself, I think I think it I think there needs to be a a parking table on the plans and they need to even if you can't do the math and say what the final number is, I want those requirements to be on the plans so that when the inspector or the zoning officer or whoever is looking at the plans, that's in his face.

Understood. Not a problem. Good suggestion. You can ask questions. Yes. Right. Okay. I just want to make clear parking in Thompson Lakes on the street. Not that I'm telling you I want you guys to park on the street. I don't think that's a good idea. You should not be doing that. But there is no restrictions to anyone parking on a street right now in Compton Lakes unless there's a snow emergency. We're one of the few towns that has allowable parking on the streets for any use. There's no restricted use. Now, if you're doing a business from the street, obviously you couldn't do that. But if you're parking a car on the street, you're allowed to do that. I'm not saying we should be putting spots on the street for these businesses. I'm definitely not saying that. But I just want everybody to be clear. There is no restriction to parking on the public street for any reason unless you're doing business on the street. And that's the reason that I'm raising these questions because there is no restriction and therefore the neighbors all have u more cars there than they ever expected than they suffer. It's it's a nuisance. I know in my neighborhood what it's like. But I have no problem with Mr. Turo. I'm not my only concerns are for someone else that comes in. I I believe that what we heard in terms of requiring a parking table and also the fact that the tenant application process must be followed and they analyze the parking. It it's it it covers our concerns. I I I see no problem with this. Any other questions? Okay. So, we're at um testimony that was given by um Mr. Turo. So, I'm going to open up to the public for any questions for Mr. Turo. And I see no one. So, we're going to close that session. Thank you. This

concludes our presentation, Mr. Chairman, members of the board. Thank you. We need help putting together what we're going to vote on and I'll vote on see if I can read all the conditions that I remember. Okay. So, I'm going to have uh Andrew Andrew go through and u put together um an outline of all the um testimony that was given and what's going to be required if we're going to consider the U application. Okay. So, just here we go. This would be a motion to approve the application as submitted with a slight modification as to the size of the sign. Um there's going to be conditions are going to be cross access easement between the two lots. Number one, it's also always reference or cover that the existence of the garbage trucks strand along the property line. Um uh that they will uh they've received the Kier's engineering letter. Well, they will meet all the suggested revisions and conditions. um the landscaping that was approved and made a condition in the fire approval would carry on or also be a condition. There's another letter coming from Miss Russell recently that you may not have seen, but that's also going to be that there will be compliance with that letter uh with those conditions. Um there will be requirement that you notify and then um as part of your lease make sure that none of your tenants park unlicensed vehicles on the street. The zoning table um will be updated to show uh the number of parking spaces per potential permitted use that might be there. um and that there's going to be a condition that for each new tenant or user, the applicant will get written confirmation from the zoning official that the total parking uh for all the tenants in that building um is still underneath the number of spaces that are

provided in the site plan. That would be the resolution. What about the uh garbage pickup prior to 7? Yeah, he's going that the applicant is going to notify um the the private the garbage collectors to come at 7:00, right? But that would that carry through for the next owner. That's going to be a condition that they that they continuously notify. Okay. Yeah. Yeah. Mentioned that. I didn't read that off, but that's I thought you did. What? I thought you did. That the ement straddling travel. So, that would be the motion. That would be the the the motion for approval. Someone want to move. I I'd like to make a motion to approve and I'll second it subject to all the stipulations that Mr. Broer just cover. Can I get a roll call, please? Okay. Mr. Hunt. Yes. Mr. Abate. Yes. Mr. Cross. Yes. Miss Berntock. Yes. Mr. Rowan. Yes, Mr. Big. Yes, Mr. Fagura. Yes. Thank you very much. Pleasure to see you again. Have a nice summer. Can we take a 5m minute break? Um, yes. What we're going to do is we're going to take a 5minut break. Okay. So, we're going to reconvene and uh let's say 9:35. Let's reconvene. Okay. How many y'all set? Yep. Ready? All good. Okay. Uh where's my hand? Okay. We're going to move on to BOA25-05 Roric Private Resort 60 Lennox

Avenue. Thank you. Good evening, Mr. Chairman, members of the board. My name is Nicholas D. Simone. I'm the attorney for the applicant Warwood Private Resort LLC. This application pertains to property located at 60 LX Avenue, which is block 7,000, lot 12, and is located in the burrow's R4 zone. The lot is rectangular in shape, has a width of 42 ft, and a depth of 216 ft for a total area of 9,72 ft. Currently on the property, there is a 1 and 1/2 story frame dwelling with an enclosed porch to the rear of the home and a detached garage to the rear of the property. This application proposes a renovation and expansion of the existing structure. The applicant is proposing to expand the enclosed porch area and convert that area to a new bedroom, kitchen, and bathroom. This area will be widened to match the existing width of the front of the house, which is currently at a side step back of 2.77 ft. The applicant is also proposing to expand the existing garage by keeping the existing non-performing sidewall, which is currently at a setback of 2.87 remain 7 ft and constructing the expansion towards the interior of the property. The proposed expansion will provide the applicant with the additional space necessary to modernize the home and it will not exacerbate the existing non-performing side setback. The relief we are requesting tonight is as follows. Um we are asking for a C variance for a principal building sideyard setback of 27 2.77 ft where 10 ft is required. The existing structure is already at a 2.77 foot setback. The addition is simply um to be built out to match the existing sideyard setback for that principal building. We also need a C variance for an accessory building sideyard setback of 2.87 ft where 10 ft is required. The existing garage also currently has a 2.87 ft sideyard setback. The garage

like the principal structure is being expanded to a match that existing sideyard setback. I have one witness to present to you tonight which is the absence of architect Sean Marartian. Uh the applicants are also here if the board has any questions for them. So at this time I will call Sean Marshall. Please raise your right hand. State your name. Spell your last. My name is Sean Marsh M A R S H A N. Mr. Marshall. Sorry. Do you swear affirm the testimony you'll give this evening before this board will be the truth and all truth and nothing but the truth shall help you God? I do. Can you please provide the board with a brief background of your education and employment history? Yes, my name is Shan. I'm a registered architect in the state of New Jersey with a good standing license. Uh I have a bachelor degree in architecture in 2010. I completed my education at NYIT. I've been licensed architect since 2022. I own my firm Marshan Arctics been practicing since 2010. Have you ever testified before any municipal boards in the state of New Jersey? I did. And can you tell us approximately how many? About 15. Mr. Chairman, I would like to offer Mr. Martian as an architecture expert. Okay. Okay. So, this is a very simple project, although much simpler than the previous project. Uh, it's a single family house in a in an undersized lot. The lot is located in our four zone. The lot is roughly 10 216 by 40. So it's kind of narrow and because of the narrow shape and nature of this part the existing house is actually not in

here. the exist because of the narrow shape of the lot. The existing house is not in conformance with the with the setbacks, the zoning setbacks, especially the side setback. Uh there is an existing enclosed porch in a day and um the goal of the applicant is to really make use of this existing porch. So the whole goal is to enclose it and make it as a part of the single family house. Um we are not increasing or reducing the setbacks. We're keeping the same exact setbacks for the house. Um there is a onecar dash garage. Miami would like to have a twocar garage instead. And we're keeping the same existing non-conformity also. I'll be just giving a more appropriate size draw 24x4. The next sheet 200 shown the building [Music] elevation. So on the right elevation you can see where the the line where the existing building ends and the addition is really from that line to the right. So, we're keeping the same height, keeping the same wood structure. The stair is staying the same, which is in harmony with the surrounding neighbors. Um, we're not really making anything, you [Music] know, second story. We're keeping everything almost the same. We're just trying to make use of the enclosed porch in the back. [Music] I did go out to the location today and I

did see that what you're exactly describing with the narrowness of the of the uh the property and I understand the the sideyard setbacks in which you already have. So, it's a it's a I don't know if everybody else had an opportunity to go out and take a look, but it it's definitely narrow right there. Um, so they're not changing the footprint of it. So, um, um, with your, um, addition off the back, um, just the the run off of water, you're just going to continue to make sure it runs the proper way, not getting onto the next door neighbors, and making sure the water flow in there is going to work. Yeah. Okay, that's the only questions I have. Anybody else? Um questions on the second floor and is that an unfinished attic area or what is the second floor? So currently the attic there is it's unfinished. There is a stair access in the attic. We're going to keep the same exact. Mhm. Anybody else on the board have questions regarding the testimony from the applicant? No. I will open it to the public to ask any questions of the testimony that was given by the ark. I see no one coming forward. So I will close that session. Um I had the question. Go. Uh where the dotted line is is that where you're proposing to build the house? So the dotted line represent the existing uh roof. That's where it ends right now. That's where we proposing to go. Um, the distance between the house, the covered

porch and the garage. Are you going to build over there? No. Okay. I just wanted to make sure. I was going to say it be a very long house. Okay. Another questions. I do have one more. Go. So, what is the um final distance between the the border of your property and your house? What's the setback? So, it was 1473. It will be 124.21. That's for the rear yard. Yes. And then how about for the house? The pro the main part of the house to what? To the side or the the side? Oh, to the side. So to the right side, we're keeping the same existing um which is 12.68 on the right side and it's 2.77 on the left side. So we're going to exterior will be flush with the existing house. How close is the next door neighbor to that shared border? Yeah, on the right side I see I'm here on the survey. I did not prepare the survey a licensed survey prepared but I see here it's 5.91 on the right side. On the left side is 12.94. So on the left side we have 12.94 and 2.77. So we're talking about like 15

16 ft. That's rather close. Said that's rather close. Yeah. I think it was last year or the year before we had the two houses off of Parent Avenue. One caught fire and the other one did as well because they were so close together. It's a pre-existing condition. Oh, I know. Yeah. Yeah. So, it's it's no change there. Same is true. That's correct. And that was orchard. That was orchard. That was orchard. That was on orchard. Well, I I think some of the concerns would be in terms of that. As long as the structure stayed the way it is, it wouldn't be a problem. I think the concern would be if someone were to say, I own this house and I want to now go on a second story because there's two problems with that. There's the access for fire, but there's also it it impo it's this is not threatening the way that the windows are, it doesn't really impose too much on the neighbor that you're coming behind. But if you're up on the top like that, it's like it's just real strange. So, as long as there would be some type of in my my personal input here, as long as there was some kind of restriction that any future change to this proposal um for the use of the second story had to go through a process again. Otherwise, if they just go to the building department, they've already got the building envelope now. Um, and so my concern would only be uh not what's here, but someone that were to change what's here. So I'm looking at you. You can't go any higher. That's the whole point. That's why they're here because they are extending the same setback. If they went up, they would be extending the set back up. They would need another variance, right? But there's also the what I'm saying is if they changed this roof

line, if they came the same height, but they changed this roof line and put windows in here and did like a Dutch colonial style roof here and put windows and utilize this area for living space. That's my concern. The attic fine as an attic, someone's up there, they finish their attic a little bit, that's one thing. But utilizing it completely uh as another area, a complete living space is my concern. We want the applicant to come up so she can address that. Actually, just to add to it on the left side, we're not planning to add any windows on that for the addition. Okay. So, we're making a condition. Yeah. We just make that a condition. Okay. Okay. All right. So, your testimony, uh, we're good. We're good with this gentleman pan's testimony. Yes. So, if you want to bring up your homeowner, if you guys want to hear from the office, I would just we have it on record. If you want either one, we can do both. You both raise your right hand. Uh, say your name and only one person can spell their last. How's that? I'm the difficult one. Robert Schlutoter, spelled S C H L U T E R. Okay. I'm Rosemary Curtis. U R T I. 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. Okay. So, why don't you have them explain their project of the upstairs area? That's really what we're concerned about. Do you want to share with the board what your intentions are for the upstairs area? So, the attic right now has a very nice high peak. It's a whole standup attic. Um, there's a set of

steps that walks up to it. So, it's kind of a usable for storage space. I guess you could put a bedroom up in there. There's windows at the front and the back at the gate ends. Um, hearing your concern, um, it runs to my mind that maybe at one point we would want to put two dormers on the driveway side just to get a little more light in there. Now, that's away from the neighbor. That's on the far side. We realized the situation, the neighbor on the close side, right? Also talking to the code enforcement officer, he says anything you build there has to be a one-hour rated wall because we don't want any fire spreading to the point of right what happened in the other one. So that wall is going to meet the code and his requirement to be 1 hour rated. But back upstairs um would there be any difficulty putting two small dormers just to get some on the one side just on the driveway side. So that's far away from the new 15 16. I mean that's really going to be up to the building, you know, we're here for variance for the lot, right? Right. You know, and I would say to you that I would I would obviously go back to him and and say what is if we wanted to do this, what are the requirements? Right. We wouldn't do that during this phase. You know, we really need to get a second bathroom in there and a bigger like Yeah. based on I'm most concerned on this side for the windows and and putting a restriction so that no dormers or additions or changes to the on the left side. You know, we would never raise the ridge line because the ridge is high enough. Right. Right. Yeah. kitchen. So, there's going to be you'd be fine with the condition that no dormers on the side of the home that is

2.77 ft from the property. [Music] Correct. Anybody else? Anybody have any questions for the applicant? Nope. Thank you. Oh, wait. I'm going to open it up to the public. Anybody like to come and ask questions of the applicant of testimony? I see none. So I will close that session. Thank you. Bye. Okay. Can I uh ask somebody from the board to make a motion? I'll make a motion we approve the variance with the stipulation that Mr. Brewer just made about the dormer on on the side. Okay. Second. Roll call, please. Okay. Mr. Hunt. Yes. Mr. Bait. Yes. Mr. Cross. Yes. Miss Berntock. Yes. Mr. Rowan. Yes. Mr. B. Yes. Mr. Pula. Yes. Okay. Yeah. We'll get a resolution. The resolution will be you got it'll be adopted next week and then I mean next month you get your permit your attorney can explain. Thank you. Thank you. Thank you. Thank you. Good luck with your project. Good luck. Hey. Good luck. Okay. Moving on to BOA 257. Matthew Lawson 29 Barto A. All right. Good evening. You got it. State your name. Spell your last. Matt Lawson L. 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 [Music] [Music] se. Okay. So, why don't you explain to us about your project and uh All right. Provide testimony, please. So, uh we are planning a renovation of the home um uh putting a second story and expanding the first floor uh as well as the front uh porch portico. Um we also have an undersized lot um right now both uh sides of our home. um less than the 10 ft requirements. Um for the we are I think 6 in off on the side we propose doing the work uh where we're extending the uh the home towards the rear uh with that pre-existing uh non-conformance. Um there's also a staircase that would be used to enter the home in the rear. Uh there's an existing uh non-conformance stair stairs to a deck that we replaced for this uh staircase into the rear mudroom. The front porch um also violates the uh current set back to 30 ft and we're planning to expand that uh to make it look more aesthetic uh and functional. Um, the final plans are the drawings are big enough for you to see

that. So, when I was out um your property today, I met you and um your front porch is currently um non-conforming, correct? because the front yard set back and your front porch that is proposed. Um, how will that look to the neighbors to the right or to the left? Will it be even set back a little bit further? My neighbor to the left, it will not extend past their current porch. And I believe to the right, I don't believe you're going to be coming out to that porch. I don't think it be. His house is further up. the house. Yeah. Comes further than Okay. And then in the sideyard setback, um again, non-conforming and your stairs that you're proposing going into the mud room, um is that um equal to what you have now from a sideyard setback or less? Yes. Similar. Okay. And your addition uh raising the roof, is that on par to what your neighbors have like height wise? Yes, they have a second story. They have a second story. Correct. Anybody else on the board have questions for the applicant? [Applause] With the addition of the new rule, are you changing any of where uh rainwater is going to be routed to? Uh it'll be going in the same same locations, the downspouts. Okay. And I believe we're only increasing the footprint of the home by about 3%.

So we shouldn't be accumulating much more water. Anybody else have any questions for the applicant? Seems boring compared to everything. You had to go last. Sorry. Um, can I get a motion on this application? I move to approve the plans. I'll second call, please. Okay. Mr. Hunt. Yes. Mr. Bait. Yes. Mr. Claus. Yes. Mr. Brunst. Yes. Mr. Rowan. Yes. Mr. B. Yes. And Mr. Hit the blue line. Yes. Next month there'll be a resolution that will get published that will get adopted published 45 days. After that someone could challenge it. But you want you can judge whether or not you think that's going to happen. Excuse me. I do not open up the public session. You can note that there is no public in the public. Let's not no technicalities please. There are no one in the audience or the public was there doing the nor was there anybody doing the application. So anyway um and after next month you can go and see if the build you can go building permit submit for your application. You'd have to sign a waiver that you say I understand that someone from the public challenges this idea. Okay. Good luck with your project. Thank you very much everyone for me. I'll be

in motion. Not yet. We have a resolution. 256 431 Ringwood Avenue. Everyone had the opportunity to read the resolution. Anybody have any comments, corrections, changes? None. Can I get a motion to accept those resolutions? We'll make a motion we accept the resolution as written. Second. Roll call. Abd. Okay. Mr. Hunt. Yes. Mr. Bait. Yes. Mr. Cross. Yes. Miss Berntock. Present. I'm present. Huh? I'm present. Mr. Rowan. Yes. Mr. B. Yes. And Mr. Tabula. Yes. [Applause] Okay. Um, new unfinished business. Mr. CS, do you have anything to report on open space? Uh, the chair Maria Kent was not present. So, Mayor Mike took over and had us in and out 45 minutes. Move the B. Yeah. Uh the only thing was the uh with Hersville Park uh the playground was almost done, but I believe it's done now, right? Yes. Thank you. And the new bridge and walkway set for the end of the month or end of August. Is that correct? It's been pushed back. Well, it could be. I thought it was uh after summer camp ended before school. Back order right now. So, we're hoping they're shooting for that. Okay. We got an application was submitted. Uh the other thing we talked about with the new dock that's coming in and I believe that is in now, correct? Looks

great. And and you talked about the bids told me now for uh the uh ball fields, right? For the new uh right ball field, new grill. And like I said, Mike, move everybody in and out quick. Anybody have any questions for Mr. Cost on open space? Oh, the balance was 491,694 that still the same. Yes. But how much was allocated already? I forget or something. What's up? Didn't you have a river cleanup or something? Oh, we did. I don't even remember if since last meeting. Uh yeah, I think the river cleanup went really well. We had uh 76 participants there. So, thank you for asking. Great. Um did check the C. I went kaying yesterday and the couch is still there. So, we got to get it out. Yeah. Um but we'll get that done at some point. But, uh we cleaned up almost a ton of garbage in the town that day. So, it's quite So, thank you. Yeah. Thanks for everybody that came out. It's really well appreciated. That was before Oh, that was the day after the Yeah, I'm losing track of time. Okay. Uh, we're going to open up the public. See if anybody's out there that wants to talk. You don't. So, we'll close that session. Can I get an amendment? I mean, adjournment. Motion to adjourn. I'll second. All in favor? I have a motion. Me again. Who's [Music] first? Good job, Kevin. Yeah.