Zoning Board Meetings - Regular Meeting

is called to order. The meeting is also being livereamed on YouTube. No business or testimony will be approved after 9:30 p.m. and the meeting will be adjourned at 10 p.m. sharp. The meeting is also being noticed on New Jersey Herald in conjunction with the New Jersey Sparta Township website and its bulletin board in accordance to all provisions of the Open Public Meetings Act. It's the practice of this board to salute the American flag. Please rise and join us. I pledge allegiance to the American States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Please call the roll call. Literary here. Michael Joseph here. Richard Roarbacker here. Michael Steyberg here. Chair Chairman Kenneth Larry here. Lewis Karp here. We have a few resolutions to be memorialized. The first one is the Sussex County Chartered School application 12-24 lot 10D variance decided on February 26. The chair will entertain a motion. So move. Have a second, please. Second. Any discussion?

Marissa, please call the role. Lanteri, yes. Michael Joseph, yes. Richard Robacker, yes. Chairman Kenneth Larry, we have application 3-23, John Meli and Roco Cahulu. Proceed variance approval decided on April 9th, 2025. The chair will entertain a motion. So moved. Second, please. Second. Any discussion? Marissa, please call the role. Landon Tineri, yes. Michael Joseph, yes. Richard Roarbacker, yes. Chairman Kenneth Larry, yes. Thank you. Application 4-23. John Melli and Rocka Culu C. branch approval decided on April 9th, 2025. Fair will entertain a motion. So move a second, please. Second. Any discussion? Marissa, please call the role. At Lanneri, yes. Michael Joc, yes. Richard Roarbacker, yes. Chairman Kenneth Larry, yes. Thank you. We have a few minutes to be approved. The first ones are February 26, 2025. The chair will entertain a motion to approve those minutes. So moved. A second. Please. Second. Please call the role. Landon Tineri. Yes. Michael Joseph. Yes. Richard Roarback Becker. Yes. Chairman Kenneth Larry. Yes. Last minutes are April 9th, 2025. The chair wanted to hand a motion to approve those minutes. So move. A second. Please. Second. Any discussion? Marissa, please call the role. Land Tineri, yes. Michael Joseph, yes. Richard Robecker, yes. Chairman Kenneth

Larry, yes. Thank you for the public hearing tonight. Application 15-24. Dance uh Nancy Hodkins will be noticed for June 11, 2025 for further notice. Just to note for the record. And for tonight application 2-25 Thomas Sigamone 197 Demeris Road block 126 lot 26 for C varants will be heard tonight. After that application we'll open the hearing to the public for any comments and manners not on the agenda tonight. So please Thomas Sone and professionals please come forward. Oh, excuse me. We have uh Let me guess you're Mr. Heley, please. I am in fact uh burned he uh on behalf of the applicant uh chairman board members and uh just Mr. He just so you know the format here tonight after you're completed with your application with your um client etc. We'll open it to the professionals on our side Mr. David Simmons and then we'll open it to our

board members for any question etc. So we'll let you go through the whole application first. That's great. Attorney Lewis Carp will swear you uh your professionals in and so forth in terms of regard to their qualifications. Okay. So, uh I'm going to just give a little summary, but I I I want to use this exhibit as part of that. So, I'm going to view this A1 view of the property. So, Bernley on behalf of the applicant and uh we're here tonight on behalf of Thomas Sagund in connection with the application to construct a detached garage on his property which is located at 197 Demeris Road. Uh the property consists of five acres and uh it's located in the RR rural residential zone. Um so A1 here, would you take the microphones, please? You need to talk into the microphone so we can record it. We have to have a recording for the state of New Jersey in regards to all applications. So please speak into the microphone. All right, I got you. Okay, I will do that. Yeah. So, this is an aerial view of the uh property uh which is outlined in blue and um it shows the surrounding neighborhood. And I think the reason I'm bringing this up right at the get-go is because it's an unusual piece of property um situated while it's in the RR zone. This is the ED zone. And this piece of property is uh essentially surrounded by uh these commercial properties in the front of the property

and to the side of it. And uh in uh the back of the property, it's bounded by wetlands. So uh all of this property along Demerest Road is uh is wetlands property. So we really have a piece of property that's sort of sitting here in an island as an island, if you will, uh between this commercial zone and uh and the wetlands. And I think that's an important point uh in terms of the uh in terms of the evaluation of the variances that we're requesting. So, um, Mr. Heilley, would you like to swear in all your applicants? I I will as soon as I'm done. Yeah. Let me just finish the introductory. Um, so what we're doing here is we're proposing uh as part of this application to uh construct a garage, a 40x60 uh addition to there's an existing garage on the property and we want to add a 40x60 addition uh to it. And the purpose of it is basically to store store things that are at this point uh all around the property. Uh the application does trigger uh several minor variances. We have an impervious variance. We're 4% over. We have a ground floor area u variance also where we're 1,200 square feet over and we have a height variance of 4 feet. So the engineer is going to address those uh those variances specifically. Um and so that's essentially uh the application. I think the uh variances and we'll get to it uh have very little impact uh on any of the neighbors simply because as I had pointed out we are sort of an island here. So our witnesses tonight are the owner Tom Sagund and Mike Fiser. So now we can swear. Mike and Yoli, would you like to come forward and our attorney Lewis can swear

you in at the time? Stand here if that works. You swear affirm that the testimony that you're about to give this matter to the truth under penalties of perjury. I do. I do. Please uh state your name, spell your name, and provide us with your address. You go first. Thomas R. Sagand, 197 Demorris Road. S E G O N D is my last name. Mr. Fischer. Michael David Fiser. F I S H E R. I got loud. Your office address? Uh 21 Bowling Green Parkway, Lake OCong, Dyster Walker Design Group. Proceed. Thank you. How can we help you? Okay. Uh Tom, you're the uh owner of the property. Take the microphone, please. Tom, you're the owner of the property, right? Yes. Okay. How long have you owned it? Uh it'll be three years in November. Okay. So, let's give the board just a brief description of your property. So, I have the 5acre lot in which my home is on, as well as where the addition is, which I'm requesting. And then I own the two pieces of property in front of my home that are on Deer Road, the the 10 acres and the 1acre lot also. And I'm asking for the request for my building. So, I can So, what do you have currently? What are the structures on the property right now? What do we have? I have my home uh detached garage, two-car detached garage, and then the existing 20 by 40 bullbar. Okay. And um so the proposed garage, what are we going to do with that? Why do you why do

you need this proposed uh uh addition to the garage that we're here for tonight? I'm requesting it so that everything that I currently own as well as my future purchase um can be housed inside. One, I don't want to look at it, and two, I'd like to preserve it so that it lasts longer. What do you What do you have on the property now that's going to end up inside the garage? I have uh a few boats that I own, um multiple old um hot rod cars, as well as tractors and farm implements for the tractors. Okay. Um, so what uh what surrounds your property uh when you are when you're in in your house there and looking out of your house, your across your driveway there, what's the neighborhood look like? uh two of my the four sides of my home I look at IND light industrial buildings which is essentially the same thing in which I'm requesting and the other view is the wetlands of Denver's road which I I look at okay so the the garage that we're proposing in light of the surrounding properties are do you have an opinion as to whether there will be any negative impact to any of these properties from what you're proposing I do not believe it will have any negative impact it's just going to mimic exactly what I look at on a daily basis now. All right. Does any uh does any of the neighborhood drive by your house? Uh does it have any access uh any other way other than your long driveway out to Demerest Road? No, I have a 900t driveway and nobody comes down my driveway. So, anybody anybody only people that can see your property are the backs of those industrial buildings. Correct. And you can't see your property from the through the wetlands either, right? You cannot. Okay. All right. That's all I have of uh Mr. You want to go through everybody first, right? Okay. So, Mike, our next witness

is Mike Fischer, our professional engineer. Mike, you want to just give the board a brief uh take the microphone. And Mike, if you can speak into the microphone, please, since it's a we're gonna we're gonna I'm gonna make sure we're talking into this microphone. You take the microphone that's on the stand, if you want. Mike, why don't you just uh briefly just go through your educational background and qualifications for the board so that they can uh accept you as our professional engineer. Certainly. Um I am a professional engineer. I graduated from NGIT in 2011 with a bachelor's of science um in civil engineering. Um sat for and passed the P exam in state jersey in 2014. My license is in good standing ever since. Any questions from the board, please? Lewis want to accept him as a was accepted as an expert witness. Thank you. Go ahead, sir. Okay, Mike. So, you prepared the plans that were submitted as part of the application. Right. I did. Before we get into this, I just like to pass out uh smaller versions of what's uh going to be what's going to be labeled as A1 and eventually A2. Please give to our attorney, please. Thank you. Okay. Okay, Mike. So, uh, back to what I was

saying. So you uh prepared the plans that were submitted as part of this application, right? That's correct. My office did prepare them. And you also prepared this aerial view of the property that we're speaking. Yes, that's correct. Okay. So, let's review the application for the board. Okay. So, uh as it's been noted, properties located in the RR zone. Uh there's a series of variances that are requested as part of this application. Um I count up to up to five variances that are required. Uh we need a variance for um property fronting uh not on a public street. Uh we need a variance for two principal structures. Is there any way to avoid this feedback? Otherwise, just take that one and turn those off. All right. Okay. Um, so as I was saying, uh, the second variance that I was noting is, uh, two principal structures on the property. There are two dwellings on the property. Mr. Sigun lives on on one of them, the one-story dwelling. There's a second dwelling, a smaller dwelling, uh, two-story dwelling. It's a family structure. I believe my understanding is uh his uh nephew lives in that dwelling, resides in that. Um, additionally, uh, we're now seeking variances for the addition to the garage, uh, which the structure itself is in the front yard of the principal structure. So therefore, the addition now, uh, takes on the additional variance of being in the front yard. Um the ground floor area

requirement in the RR zone states that um the total ground floor area of all accessory structures cannot be more than 50% of the ground floor area of the principal structure. We exceed that number. Um so we need a variance for that. And then lastly, we are seeking a variance for the height of the addition of the um garage. Um I'm going to flip this over to a similar version of what you saw what uh what you saw on the overall. It's just a um colorized version with an aerial image of the plan that was submitted. Can you mark that as A2? I will absolutely mark it as correct. It's more or less the version of the plan that was submitted in the planet. It's just dated today for the purposes of this uh this hearing. Um the other variance that I didn't note um but um should acknowledge is the impervious coverage variants. Uh we're increasing the impervious coverage from the existing conditions which were also nonconforming. So we're we're increasing that. Uh but we are mitigating the the increase in imperous coverage with uh dry wells uh attached to the um to the roof area of the addition to the garage um which have been reviewed by the board's professional. Um as Mr. He noted, we are adjoining a

series of commercial uh properties. Uh the closest one being lot 17. Um I took the liberty of driving out there today just to take a look at it. Um there there is a row of of screening, evergreen screening along the what's roughly the property line. um visibility is very limited in terms of being able to see his property and vice versa his property being able to see the commercial property. Um very tough to see the existing shed. So seeing the addition would be um even further of um less likely because it's further back. Um, beyond that, there's really not a whole lot to this application that that hasn't already been stated um, from an engineering standpoint. Any testimony from the applicant and your professionals? Not right now. No. All right. We'll open up to our board engineer, Mr. Simmons, if you're so kind. Certainly. Certainly, Mr. Chairman. Uh for the record referring to the report we prepared dated April 9th, 2025 uh regarding the subject property on page two, excuse me, with regards to the zoning. Mr. Fiser just went through the variances that they're seeking. So that's been taken care of. Excuse me, David. He said I think it was five variances, but you have noted four here or one existing, etc. I actually have I actually have four, five, six, seven. Um, and Mr. Fischer did cover them. Okay. Uh, with regards to item number three, the lot layout, uh, I pointed out that they do have, if this is approved, two accessory structures that's less than the maximum number of three that's allowed. Item 3B, access to the subject

property is a cross tax lot six owned by the county of Sussex. It's the former railroad bed. applicant to explain what rights or easements he has for the existing crossing and if adding the proposed garage addition would overburden any existing easement restrictions. I can address I can address that. So uh we've uh we have uh reviewed that um that uh situation and we do have an easement across that. On top of that though um as Mr. Sigun testified to he owns uh all of those properties along Demerest Road and we're also in the process of actually uh acquiring that county piece also. So we will have access all the way out. But right now we do have it by easement and I can supply you with that deed which I have. It's an actual recorded easement. Yes. So we could get a copy. It's an easement. It it's it's in the deed. So I I can get you that and then they can note that on the map. Yes. The reference book and page. Yep. Uh item C. Will there be any additional site lighting in the area of the proposed garage addition or just above the door? Um any other lighting? There's there's existing lighting on the existing structure which I'm going to put the attachment to. The building which I'm requesting is just going to be cold storage. There's not going to be any power there. Okay. No. No is the answer. No lighting. Item D, I just noted that the it's a limited area of pavement that should be increased to two inches and just be kept at that level. That's acceptable. Uh item E, I note the area for the proposed garage addition has already been excavated out, which is fine. Under utilities, uh the plans don't show any water going up to the proposed addition or any septic system area. It's not going to have any utilities, right? not going to have any utility. It's

going to have electric for lighting inside and that's it. So, just thinking out loud, if you're going to have electric for lights inside, the construction official may require a light over the entrance door. Okay. Well, if he requires that, whatever he requires, we we will comply with that because that existing garage that we're adding on to has power in it already. So, if he needs an additional light there, that's not a problem. And again, you'll be showing item C 4 C plan show existing aerial utility line servicing the two dwellings. You show how the electric utilities will be routed to the proposed garage. Based on what you just said, it sounds like it's going to come from the existing garage. Correct. And with regards to storm drainage, uh, in accordance with the township's ordinance 21102, uh, they are increasing the impervious area on the site greater than 500 square ft. So mitigation has to be provided and as Mr. Fischer pointed out, they are proposing two dry wells and we reviewed them and they were satisfactory to us. So they are mitigating that through uh, mitigation through the runoff from the roof area. Uh the only comments I had on that were uh I didn't see it unless I missed it, a soil log and soil testing in the area of the dry wells just to make sure we don't have a problem with seasonable high water table and also a maintenance manual to be prepared so and recorded so any future owner knows about the dry wells and they have to maintain it. Yeah, cat conditions not a problem and we we have done the soil testing and we'll provide that to you. It was satisfactory. Okay. Then on page four with regards to the architectural plans, uh is there going to be any heat in the garage? No. No.

Okay. And I'm just a little curious. Uh the existing garage is only 12 ft in height and the proposed addition or proposed new building adjacent to it. Are they going to be connected or kept separate? They're going to be completely joined. And then the the company in which I purchased the building from, they're going to join the old roof with the new existing roof. Yeah, it's going to look like one structure when it's okay. I just wanted the board to see understand that because the plan we got it just shows the new structure. So I just wanted to make sure whether it was going to be separated or joined. It'll be joined. Okay. Uh on the poleb barn drawing there's a no access hatch u that doesn't show on the building elevation in the rear of the building uh on the architectural plans. I didn't know what that that's it's it's all that's going to be on that w back wall is a it looks like an attic vent that you would have on the the dormer end of a house just to if when the heat gets in there in the summer just to let the heat get out. Okay. I don't want it to get too hot in there. So So there's not going to be any kind of equipment that's exhausting through there. No. And the item 6D, the cross-section drawings show the concrete floor and stone base is optional. It's going to be concrete floor. For now, it's just going to be gravel. In the future, when there's more more money to enable me to do it, then I'll revisit it then, but for now, it's just going to be gravel. And then I just listed the various approvals that would be needed if the board approves the application. The county health department for the dry wells, the construction official and

upper Delaware conservation district for the soil erosion permit. And then under miscellaneous uh just to fill in the disturbed area under it note number 14. And as usual, we recommend an asbuilt plan be prepared if the board uh recommends an approval just so we can make sure upon completion of the project that the applicant has conformed to all the conditions the board might impose. Thank you. David, could you please go over the exact variances again for the board if you don't mind? Yes, sir. uh what I have what I came up the plans for the impervious coverage 10% maximum is allowed and with the proposal they'll be talking about 14.5%. For the lot frontage 250 foot minimum is required. We had down zero as and the applicant had zero as an existing and proposed condition because technically this lot uses a driveway across other lots to get to Demerest Road. uh with the ground floor area as Mr. Fischer pointed out the allowable area as a function of the other structures on the site 1972 square ft maximum is allowed. The proposal is to get 3,209 square ft and with the proposed 40x60 building the maximum height allowed is 16 ft. They're proposing 20.4t. Uh, with regards to section 184.3A2, I took it that the proposed garage is within the front yard area requiring a variance. Section 18-4.3, no lot can contain more than one principal structure. The existing lot has two existing dwellings on it. That's an existing condition that they're not increasing by the result of this proposed building, but it is a variance that you may want to grant. And under the municipal land use law

4055D35, the existing lot does not have any frontage on a public street and the applicants proposing to construct an additional accessory building. As they pointed out, however, they do own uh other lots to get to uh Demerest Road, which is a township public road that's improved and maintained. Uh and they indicated tonight through their attorney they do have an easement to cross the former railroad property that right now is owned by the county of Sussex. Uh and they're in the process of they'll provide that information and they're also in the process of possibly purchasing part of that property to an annex to their other lots. Thank you, David. Yes, sir. Could you call on the board members for any questions or comments, please? Sure. Uh, Lannering. Yeah, I just had a couple questions. Um, so you mentioned you had the easement over the old railroad bed. Um, do you currently use that for any storage of any type as well as just for access? The easement? Yeah, on the railroad property. It's just the driveway that goes that I use that goes across. Okay. because I did a site visit and I did see one of the probably why you were wanting to build um one of these uh garages is because there was a uh boat located there. Yeah, it was that when that when that was there that was strictly for temporary because it's you were up there. So you see how the driveway it's a little tight up there. So I just put it down temporarily. There's nothing there. So then during the construction process, do you plan to use that easement at all for storage as well during this process? And then that's all the questions I have right now. Thank you. Michael Jacik, no questions.

Richard Roarbecker, no questions. Michael Steyberg, no questions. Chairman Kenneth Larry. No questions at this time. Although I'll open the hearing to the public if anyone's in the public to come forward, please with any questions or comments on this application. See no one. It's now closed to the public. It's back to the board. Any other questions or comments before we take a vote on the application? Thought of one sure question. Um it's pretty stupid, but I'm going to ask it anyway. Um, you mentioned that you had various vehicles, boats, whatnot. They will stay where they're located now while the construction of this new building is undertaken. Yes, sir. Oh, okay. That's it. I'm done. That's it, Rich. All right. Yeah, I'm I'm fine. I just have one final thing, Ken. I just want to confirm that this is just for your private personal use. This isn't commercial use at all. No. None. None. None whatsoever. I My wife and I My wife, she's a car person, so the cars are hers. I'm a boat person, so we got to split it down a little. So, right. Thank you, Orlando. Any other questions or comments from our board attorneys, board members will entertain a motion approving the application. And if someone who makes the motion is not sure how to make the motion, I'll guide them through with an amendment. So, etc.

So forth with all the technical information. All right. I'll buy Rich. All right. All right. I so move to approve the application and the following amendments to the application in the approval which will include now you have to speak conditions. You're talking about conditions. You're talking about conditions in in the approval. Yeah. Yeah. The the conditions. I'm sorry. Well, if you're so kind, Rich, in terms of the amendment to your approval, we'll have our board attorney, Lewis, prepare the resolution for application dash uh 20 uh 202-25, block 1206, lot 26 for Thomas Aon, to construct a garage and paved access drive with the following variances and conditions first. Louis, are you so kind to uh consider the conditions first? Yes. Yeah. Thank you. Go ahead. Right. The conditions are compliance with all of the uh comments in Mr. Simmons letter. Um I also got u that you're going to reference the uh easement by block and lot and provide us with a copy of the easement. um that if the building department requires that there'll be a light over the uh doors to the um to the new structure, you'll provide the soil log and soil testing uh for in the areas of the um the uh dry wells and that's what I got. and and also for the uh to provide the ads bill plans upon ads bill plans. Yes. I believe that was in David's letter but and then would you be so kind Lewis to go over the actual variances? The variances if I can do it I have them here too but go ahead if

you're uh the variances are impervious coverage maximum allowed is 10% you're it's 14.5%. Uh lot frontage the requirement is 250 ft. uh you have zero feet and that's an existing condition. Uh ground floor area the maximum allowed is 1972 feet square feet. Uh you're going to have 32 3,29 square ft. Uh the building height is a maximum of 16 ft. The new structure will be 20.4t. Uh the proposed garage is within the front yard area which is not permitted. So we're be a variance for that. Uh there's also no lot may may contain more than one principal structure. The lot has two principal structures. Uh so the the that would be part of granting that fairance would be part of the the uh approval and uh the existing lot does not have any frontage on public street and uh that uh you're the approval would allow the construction of an additional accessory building notwithstanding that there's no frontage on a public street. According to all plans and testimony submitted tonight. Thank you so much Louis. My pleasure. Mitch roll back. Do you accept that amendment to your I do. Do I have a second, please? Second. Marissa, please call the role. Lannon Tineri, yes. Michael Jac, yes. Richard Roarbacker, yes. Michael Steinberg, yes. Chairman Kenneth Larry, yes. Congratulations. Thank you. Members, have a nice evening. You too. No one in the audience tonight with any comments or questions on agenda items not here

tonight. Now close to the hearing to the board. I'll accept a motion to adjourn. Second, please. Second. Please call the roll. Thank you. Leri, yes. Michael Jocic, yes. Good luck. Richard Roarbacker, good luck. Yes. Michael Steinberg, yes. Chairman Kenneth Larry, yes. Thank you, Merc. Thank you for everything tonight. My pleasure. Was one of our classes was