Zoning Board Meetings - Regular Meeting

Formal action may or may not be taken on the application heard here tonight. Advocate notice of this meeting was provided in the New Jersey Herald. It was also posted on the Sparta Township website and its bulletin board in accordance with all provisions of the Open Public Meetings Act. It's the practice of this board to salute the flag. Please rise and join us.

I pledge allegiance.

for which it stands, one nation, under God, indivisible, with liberty and justice for all. Marissa, please call the roll. Marissa, please call the roll.

Chairman Kenneth Larry?

Yes. Yes.

Richard LaRuffa?

Yes.

Michael Josaphic?

Yes.

Richard Rohrabacher?

Yes.

We also have minutes from February 11, 2026 to be approved. The chairman detained a motion. Second, please.

Second.

Any discussion? Marissa, please call the roll.

Chair McKenzie-Lowry?

Yes.

Richard LaRuffa?

Yes.

Michael Josaphic?

Yes.

Richard Roebaker? Yes.

Thank you. We have one application tonight, 4-26, Mark and Samantha Augustine. I don't know if I'm pronouncing that correctly. Thanks, Dean. For a C-variance relief. After the application is heard, I'll open a meeting to the public, if any public will be here. or comments and questions on items not on the agenda tonight. Mark, please come forward and Douglas.

Should I center this thing? What do you think?

Center this? Yeah. Thank you.

Nobody's out there.

Doug, while you're doing that, I think you know the format here. After you're finished presenting your client's application, our board engineer, David, will present his report. Then this board with questions and comments will go next. After we're finished, we'll open it to the public.

Don't raise your right hands, please. So you're going to have to talk louder. I do. I saw your lips move, but that was about the extent of it. What's your name, sir? Mark Baggerson. And you're the applicant. Who are you? Doug and you're going to be testifying is what Doug a professional planner and land survey. Okay. And, uh, just to keep it record, nice and clean and keep this 1, maybe simple. You did receive a copy of David's May 20th, 2026 report. Did you not? I did and it read like a novel. Did it not?

You had a couple questions that we're here prepared to answer.

Okay. State of the report, you're only seeking two variances if I read the application correctly. Is that right? That's correct. Because the others are pre-existing non-conforming?

Yes.

And those variances are for front yard setback, for the dwelling, and for the pier. Is that correct? Yep. All right. Why don't you present your case for the board?

And again, make sure clearly and directly into the microphone says it's a state requirement that we have a reporting of the proceedings closer to where the board is.

That's it.

All right. How can we help you?

Okay. How's that?

How's that? Good. Excellent. Doug, we're going to mark that as a one because I see that you had crayons out. So it's different than what's on record. Hey, 1, I hope so it is. And is there anything else that needs to be Mark Doug? Is that it? That should do it. Okay.

I'm here tonight on behalf of Mark and Samantha Fagerston. They are the property owners of 366 West Shore Trail. It's about a quarter mile past Turtle Cove on West Shore heading south. The property is commonly known as Tax Lot 136 Block 4001. The lot is about 120 by 175, but the rear back is irregular. The total area is 0.457 acres. What the backer students are proposing to do is. Add 101, right? A. But, um, addition 129 square feet to be precise as well as a 90 square foot stoop. Um, the lay of the land, the property slopes from the road. about even with the road in this section of the front yard and then the driveway slopes down to a garage under. The entire back is a walkout and then it's a relatively flat lot out to the lake. The additions as you see are on the left side of the building as viewed from the road. There's existing non-conforming offsets of 6.5 feet sideline. We are not getting any closer than 6.5 feet with a new addition. Um, the variances are for front yard, but I'd like to point out here is that this house is set. Parallel to the sideline, as opposed to what normally would have been parallel to the roadway. So, by squaring off this addition, which makes the most sense from a building perspective. It triggers this. Um. That's the biggest hardship we have here is the fact that they asked that we're in this way and that the, um. The buildings are now projecting forward.

So, as to, um.

So, this covered torch will provide access to. access to the new front door. We're also proposed a walkway from the street to the new front door and then a new walkway down to the driveway. Having this new driveway will encourage people to park down in the driveway and take the walk up to the front door as opposed to on street parking, which we all know is a problem in Lake Mohawk. Additionally, David pointed out that we have a catch basin in the front yard. We have worked this out with Lake Royal Country Club. We're going to provide them with an underground pipe to another inlet and then an easement down to the lake. A new easement. A new easement. But that's been worked on separately. They've been on that for how long? When did Sabine first ask you about the catch basin? Six months ago, something like that.

And speak, excuse me, speak a little bit clearly and loud, louder in the microphones. Again, we need the recordings for the transcriber. She can't make it out.

David brought up this inlet in West West Shore trail. It's at a low point in the road. Um, currently the pipe, we're not sure where it is. We know what outlets here down at the lake. So it traverses the property somehow. Meanders around and out to that outlet with this. Uh, country club wants to do is add another inlet here and then run it along the property line and rebuild that pipe. Just something that can serve it's an important section. The room comes down policy.

You said the country club is going to add the pipe? You're going to add it, and that's what they want you to do?

They're going to do it. Okay, great. So the covered porch, I throw a positive criteria. The covered porch will offer cover entry for visitors, and these days what's very important is package delivery. When UPS shows up or Amazon, they have a place to put a package, whereas right now it's left out in the web. Um, I mentioned the parking on street parking now with this new configuration, we're going to. Entice people to move and park down below, especially guests and come up the walkway. So, we did consider alternatives. When Mark 1st approached our office and discussed this variance. You know, I said, are there alternatives you can do and yeah, there are, they could do things off the bat. However, as I indicated earlier, this is a walkout basement. Any improvement back here starts now at the. The footing of the basement, then a full wall and then the 2nd floor. It would have much more site disturbance in this. Proposed, I think our total site disturbance now is 220 square feet. We would easily triple that. If we go into the backyard, we have walkways, patios. Um, hot tub all and as well as the interior layout of the base. Would all be affected, um. As to the finish. What I have here on this exhibit, I guess this is a 2.

Yeah, if it wasn't submitted Doug.

Okay, so exhibit a 2, what I have here on top is the existing house. As you see it now, it's more, it's like a cited. Um, shape citing, it seems more like an ocean style home. What the faculty is intense to parapet gable. Gables coming at you the new front covered stoop. Um, the walkway as well as. This lake Mohawk tutor style with the different neighbors walking their dogs. It's a say, well, it's a big improvement. Um, and anything else on your report you want to do it.

We'll go through that when you guys are finished and then David will present his report.

Are you finished?

All complete? David, if you're so kind to give your report.

Certainly, Mr. Chairman. Just for the record, referring to the report I prepared dated May 20th, 2026. As Mr. Dykstra explained, they're adding... Front left side of the existing dwelling, a covered stoop, new front door, a cupola, gables, and adjusting the roof lines, bringing the new facade and the addition of the covered stoop and the roof updates all into one package. On page two of the report, he indicated and described the variances to the dwelling and the pier. With regards to item four on the variance plan, I did on my field inspection see that existing two and a half foot by two and a half foot grate, and as Mr. Dykstra indicated, there's a drain that somehow apparently gets through the existing property and the alternative that the applicant has apparently been working with the lake mohawk country club because it is a lake mohawk country club road is to add an additional inlet in the piping and a new pipe down to lake mohawk and a new drainage easement to lake mohawk i'm in agreement with that relocation because then we know for sure it's not under any structure or any of the proposed additions that the applicant's proposing Um, I did notice on the plan and when I was out there, there's an existing kind of see walls along the shoreline. Of the adjacent tax slots, 135 and 137 that encroach slightly under the subject property.

Are there any easements or maintenance agreements? There's nothing those those I can point them out. Okay. Um. Every day down here with the sea walls. Become common and where they, where the styles change. Um, that would be here. And here, and I believe, which side are you referring to? Exactly both sides, both sides this size over by 2 square feet. And that's 6 square feet.

We don't have to do anything about it unless the neighbors complain about existing condition. I'm just pointing out. There's no easements for it. Okay. Item C, a portion of the applicant's existing white picket fence encroaches onto adjacent tax lot 137 to tie into the neighbor's fencing. Is there any agreement for this arrangement? It's basically the applicant's fence tying into the existing fence, so it fences everything off appropriately. Again, it's an encroachment. It's an existing situation. They're not changing it. Uh, item D, I just pointed out the proposed building height calculation show proposed height is 27. Excuse me 27.19 feet. However, the zoning table shows 26.82 feet. Just the discrepancy.

Yeah, that must have been copied over from an older application. The existing is 24.16 and the proposed is 27.19.

Yes, which is still within the limits of the height. I pointed out night to me the variance map doesn't show the existing generator and additional HVAC split system on the west of the side of the growing, which I saw when I visited the site. where it's all set to the property line also show the location of the fuel source for the generator based on what I saw presumably it's natural gas. And that's not going to change for the proposed additions okay. With regards to utilities water sewer and electric everything is served by the townships water system. The existing septic system in the front yards not interfering and there's no problem that I saw with the existing aerial electric service coming in. With regards to storm drainage probably the biggest thing is the storm drain easement. and relocation of the discharge from that great that we described earlier. I do note that they are removing approximately 68 square feet of the existing impervious coverage, which brings the total net impervious coverage to 486 square feet, which is less than the 500 ordinance. So no additional mitigation is needed for the ordinance. with regards to the architectural plans the plan show three total bedrooms and i just wanted to confirm so it can be in the resolution there's an office shown and just confirm that that will not be converted into a bedroom in the future i'm sorry no it will not okay uh the basement layout shows an existing hvac unit an existing generator and i think you just indicated neither of those are going to be upgraded correct okay And I note that the front elevation shows proposed stone features, stone veneer. The side elevations show rough sawn wood siding. The applicant to advise what the rear elevation siding will be faced with or if the existing shake siding will remain. For the balance of the house.

Yeah, I was intending to start speaking to the microphone. Please.

I was intending on matching the deciding portion, not the stone work on the, on the back. So, like, this match deciding as well. Not not the stone just deciding.

Yes, yeah, just wanted that to be clear.

So the board understood.

Uh, they didn't provide an for the statement, uh, for the application. They're going to need approval from the construction official. And if the board approves the application as usual, we recommend that, uh, as bill plan be prepared upon completion of the project. That's my updated report. Mr. Chair.

Thank you, David. Marissa, could you please call on the board members?

Chairman Kenneth Lari?

Just had the one question for David. Should we make it a condition upon approval for the three bedrooms and to confirm, like the applicant said, the office will not be converted into a bedroom in the future? I would make that recommendation, yes. All right, that's the only question I had. Thank you.

Richard LaRuppo?

Uh, 1 quick question, uh. Would you please just for the record state for the testimony that you've gotten approval from, like, Mohawk country? Well, just state that and, you know, we did go to the board of trustees presented.

This is very similar application and we do get approved. Okay, my other 1 is just a letter was submitted with the application.

Yes, I saw that. I just thought it should be on the record. Um, the only other. Curiosity is, are you doing anything with the existing chimney from the renderings? It looks like the existing chimneys coming down and there's going to be a chimney for the fireplace. Is that is that something you speak to that?

Yeah. So the existing chimneys. in a state of disrepair and it needs uh and you can't i lived there for six years i can't use fireplace we're going to build a it was it was a gas fireplace on the on the side and put a new chimney in okay you couldn't tell from the floor plans of the the rendering what was happening would it look like something was going to happen with that chimney that's fine that's what that's my questions richard roebacher no questions at this time michael joseph

No questions.

Ryan Manowski.

Just a quick question. The existing stormwater. Is that going to be closed and retired in favor of a new one, or is it just going to be repaired?

My understanding from Mr. Dykstra and his discussions with Lake Mohawk Country Club, that existing structure at the low point of the road in front of the house, they'll basically use that structure or they might replace it with a bigger in that normal sized inlet. That'll stay there. If there is a pipe going out of there, my assumption is that they'll have that pipe sealed, concreted so that water doesn't go through that pipe wherever it may traverse through the lot. That'll force all the stormwater through the new pipe that will be running parallel to the edge of the road and then to the new inlet and then the new pipe down to the lake.

So Dave, maybe you know the answer to this just from my own edification. I know that there's like over 100 different sediment traps that were developed when the reservation was developed all around the lake. And they're designed in such a way that the sediment that's rolling into the lake is trapped into a concrete cistern. And then the idea is that the water rises to the ledge underneath. The level of the cistern and then proceed so that only water enters the lake. And I know that the lake is suffering a substantial problem with sediment, which is going in there. So if something like that is replaced, does it also have that kind of technology or is that not of, you know, current thinking?

I haven't seen any plans that have been drawn up for the drainage, but it's possible if they replace those two structures up by the road. along the road rather they could put a sump in those structures that would help to uh trap some of the sediment that comes along the road and reaches that point primarily from the sanding and what have you from the roadways in the winter time because that area the lake has already developed so i would assume and perhaps it would be a suggestion to the board if they want to make that recommendation to the lake moha country club

that they incorporate that type of design into those two inlets i don't know what the country club did but i would be happy to tell them that we try to take some precautions uh that are necessary to prevent sediment from going into the lake i i think it's a good point and since they're reconstructing those inlets now would be the time to do it okay

Dave, how do you suggest that that be handled? You have a relationship apparently with Lake Mohawk, so it seems like that might be an easier, more effective way of doing it, if you don't mind doing it.

No, I could write a letter to the engineer there. Would I be speaking on behalf of the committee here or the zoning board here or just myself?

Why... I think you shouldn't do it. I think we should just do it, I guess, Dave. That's fine. I think it would be easier. It's easier. It's a nice offer. Thank you. Okay.

Dave, if some sort of sediment structure has to be built down the pipe, do we have to how we word the easement is big enough for a structure in addition to the pipe?

I'm I haven't seen like I said I haven't seen their design or the drainage calculations, but this is kind of an isolated low point. So, and I would and based on the size of the structure that's there now i'm not anticipating an extremely large drainage area, so I would assume they would probably opt for the. either a sump in both of those inlets that are going to get constructed, or in a quote-unquote worst case, like a dry well type of solid tank underneath to get some more volume. I wouldn't expect anything going down the property line through the easement. I would just assume the pipe at that point. Okay.

Other than that, I have no other questions. Isabella Artisone.

I have nothing.

Okay, thank you. I'll now open the hearing to the public. If anyone's in the public with any questions or comments on this application, please come forward. Is that your choir? I'm seeing no one in the public with questions or comments. The hearing is now back to the board. Any other comments or questions before I make a motion to approve the application? Seeing no one. Chair makes a motion to have our board attorney prepare a resolution approving application four dash 26 block four zero zero one lot one 36 Mark and Samantha Fagerston to construct an addition coverage stoop and adjustment to roof lines with the following variances, the front yard setback for the dwelling 2.6 feet The front yard setback for the pier, 5.9 feet. Also, the existing variance is a side yard accessory structure with 10 feet as minimum required, 9.3 feet exists. And the left side setback, 8 feet minimum with 6.5 feet exists.

Is that all correct, David?

Yes. Yes, Mr. Chairman. Thank you. And with the following conditions, adhering to all points in our board engineer's report, providing an as-it-built plan of the site prepared by a licensed New Jersey land surveyor upon completion of the project. Also, that on the first floor of the three bedrooms, the office will never be converted into a bedroom in the future. David, should we put something in there about the sediment structure that was discussed by Brian as a condition?

I would recommend that The applicant grant the storm drainage easement to the Lake Mohawk Country Club as described this evening. And if the board is willing to send correspondence to the Lake Mohawk Country Club recommending that they provide sediment traps of their design for the two structures along the roadway.

All right. Excellent. That'll be condition two. Is that in accordance with your thoughts, Brian? All right. Thank you. And all this, of course, is according to all plans and testimony submitted here tonight. Do I have a second?

Second.

Any discussion? Marissa, please call the roll.

Chairman Kenneth Lowry?

Yes.

Richard LaRuffa? Yes. Michael Josaphic? Yes. Richard Rohrabacher? Yes. Brian Romanowski? Yes. Elizabeth Artisone? Yes.

Would the applicant like to waive their right to a written resolution?

When are you going to get started, Doug? When do you plan on getting this going? Do you have contractors lined up?

I have a contractor that I've contacted, but I was waiting for this, so I don't have any. Okay. Sure.

Wait a minute. Mr. Chair, I'll entertain a motion.

So moved.

Second. Second. Marissa, call the roll.

Chairman Kenneth Larry. Yes. Richard LaRuffa.

Yes.

Michael Josephic.

Yes.

Richard Rohrbacher. Yes. Brian Manowski. Yes. Isabella Artism.

Yes.

Thank you. Good luck. Thank you very much. Thank you very much. Okay, there's something else. I see no one in the public has any questions or comments on items not on the agenda tonight. The chair will entertain a motion. Adjourning.

No move to adjourn.

Second.

Second.

All in favor?

Aye. Aye. Thank you. Just before we leave, do we have an August meeting? Do we have anything on? We usually try and take August off.

Right now, I have nothing going on yet.

You want to try and do that if you can, Mr. Chairman? If we can, yeah. I guess so, if no applications are in here.

Is it August 8th?

You got to keep it on whatever this night is for both Dave and for me.

What's the second Wednesday in August, guys? The 12th. The 12th. Thank you. I guess we'll see as the time comes. Yeah. All right. We'll do our best.