1 00:00:00,000 --> 00:00:04,800 The meeting of the Manalapan Board of Adjustment 2 00:00:03,480 --> 00:00:08,240 zoning Board of Adjustment. Notice of this meeting was given as required 3 00:00:06,840 --> 00:00:11,800 by the Open Public Meetings Act and a copy was posted on the second floor 4 00:00:09,800 --> 00:00:15,240 bulletin board in town hall and the township's website. Be advised 5 00:00:13,600 --> 00:00:19,720 no new item of business will be started after 10:30 p.m. And the meeting shall 6 00:00:17,520 --> 00:00:23,160 terminate no later later than 11:00 p.m. Please note audio and video of this 7 00:00:21,200 --> 00:00:28,560 meeting is being recorded in accordance with uh 56-2024. 8 00:00:27,040 --> 00:00:31,880 The meeting is being broadcast live on the township YouTube channel and will 9 00:00:30,440 --> 00:00:35,960 The view of this is posted by the township website for the public to view 10 00:00:34,080 --> 00:00:40,280 at their convenience. The exterior doors of the municipal building will 11 00:00:37,360 --> 00:00:44,560 automatically lock at 7:45 p.m. If you leave the meeting uh the building during 12 00:00:42,480 --> 00:00:48,520 the meeting, you'll be locked out. Please have somebody accompany you to 13 00:00:46,160 --> 00:00:52,360 allow re-entry. Please rise for the Pledge of Allegiance. Pledge salute 14 00:00:52,400 --> 00:00:57,600 » [clears throat] >> I pledge allegiance to the flag of the 15 00:00:55,320 --> 00:01:01,400 United States of America and to the republic for which it stands, one nation 16 00:01:00,320 --> 00:01:05,920 under God, indivisible, with liberty and justice 17 00:01:03,440 --> 00:01:08,960 for all. >> Call the secretary to roll call, please. 18 00:01:08,120 --> 00:01:13,640 » [clears throat] >> Mr. Crinno is excused tonight. 19 00:01:12,520 --> 00:01:15,920 Mr. Colavita? >> Here. 20 00:01:14,240 --> 00:01:18,560 » Mr. Kaminsky? Is excused tonight. Mr. Deery? 21 00:01:17,840 --> 00:01:21,240 » Here. >> Mr. Hefner is excused tonight. Mr. 22 00:01:20,480 --> 00:01:24,040 Kozak? >> Here. 23 00:01:21,880 --> 00:01:25,160 » Mr. McGann is excused tonight. Mr. Mulvihill? 24 00:01:24,760 --> 00:01:26,440 » Here. >> Mr. Rice? 25 00:01:25,960 --> 00:01:28,080 » Here. >> Mr. Haverly? 26 00:01:27,400 --> 00:01:30,000 » Here. >> Mr. Fury? 27 00:01:28,960 --> 00:01:35,800 » Here. >> And Mr. Pellegrini and Mr. Warburg are 28 00:01:32,720 --> 00:01:35,800 excused tonight. 29 00:01:37,480 --> 00:01:42,520 » Make an announcement on common land. >> Yeah, I'll I'll do that for sure. 30 00:01:41,320 --> 00:01:46,160 » All right, guys. Just a couple 31 00:01:44,080 --> 00:01:51,000 items on the agenda tonight. It's uh 25-31 32 00:01:48,720 --> 00:01:55,680 uh and 56- uh 33 00:01:51,680 --> 00:01:58,280 56 is site plan number 56-SP. It's common 34 00:01:57,120 --> 00:02:00,680 family uh 35 00:01:59,120 --> 00:02:05,640 the use variance in preliminary and final major site plan. 36 00:02:03,120 --> 00:02:10,080 This is not being heard tonight. It will be a special meeting 37 00:02:07,520 --> 00:02:14,280 in the future and you will be re-noticed for that if you're here and you have 38 00:02:11,920 --> 00:02:16,360 received a notice. >> Second meeting in a row you did this to 39 00:02:15,880 --> 00:02:18,000 us. >> We didn't do it to you. 40 00:02:17,160 --> 00:02:21,840 » I know. >> All right, thank you. 41 00:02:19,480 --> 00:02:27,400 There's also another item on the agenda tonight 25-21 John Tullio and Jennifer 42 00:02:25,040 --> 00:02:32,280 for Bruno. It's a use variance and front yard variance. That will be heard on 43 00:02:29,720 --> 00:02:36,120 June 8th. You will not be re-noticed for that if you're here for that this 44 00:02:33,720 --> 00:02:36,120 evening. 45 00:02:40,476 --> 00:02:44,280 » [clears throat] >> All right, first 46 00:02:42,600 --> 00:02:48,760 application 26-08 David Robertson 47 00:02:50,320 --> 00:02:54,280 » This is who is representing my council. I'll let him do the speaking. 48 00:02:52,360 --> 00:02:55,320 » Okay, all right. Go ahead, sir. 49 00:02:54,720 --> 00:02:58,880 » Thank you. >> Good evening, ladies and gentlemen. 50 00:02:57,840 --> 00:03:00,600 » Swear to affirm to tell the truth and nothing but the truth. 51 00:03:00,280 --> 00:03:03,320 » Yes, sir. >> Your name for the record. 52 00:03:01,640 --> 00:03:05,040 » Joseph Macey structural engineer >> He's been here before so the board 53 00:03:04,400 --> 00:03:07,080 accepts him. >> Yes. 54 00:03:05,800 --> 00:03:08,680 » Okay, great. Are we going for the record, Chuck? Are we going for the 55 00:03:08,239 --> 00:03:11,200 record? >> No, I'm I'm enjoying being here with all 56 00:03:10,200 --> 00:03:14,320 these wonderful people. >> No, of course. A good evening, ladies 57 00:03:12,920 --> 00:03:18,040 and gentlemen. My name is Kevin Diduch. I'm the owner and principal attorney of 58 00:03:15,560 --> 00:03:21,760 KD Law in Turnersville, New Jersey. For purposes of your record my last name 59 00:03:19,640 --> 00:03:25,040 is spelled d i d u c h. I pronounce it Diduch but please just call me Kevin. 60 00:03:23,600 --> 00:03:27,680 It's easier. It is my privilege this evening to 61 00:03:26,120 --> 00:03:31,560 present an application on behalf of my client David Robertson 62 00:03:29,800 --> 00:03:36,360 on behalf of his company Robertson Developers LLC for a property at 120 63 00:03:34,519 --> 00:03:40,000 Harrow Avenue here in the Township of Monroe. 64 00:03:37,400 --> 00:03:45,320 The property is situated on your tax map as block 1201 lot 14 and it's currently 65 00:03:43,000 --> 00:03:48,880 situated in your residential two or your R2 zone. 66 00:03:47,160 --> 00:03:54,080 The applicant this evening is seeking three bulk variances for their 67 00:03:52,000 --> 00:03:57,360 The purpose of constructing one single family residential home on the lot. 68 00:03:56,760 --> 00:04:00,680 Uh the three items specifically under your 69 00:03:59,160 --> 00:04:06,160 code that we're seeking relief from are section 175-162 70 00:04:03,600 --> 00:04:09,880 minimum lot area. Your standard requires 1 acre and the property offers 0.826 71 00:04:08,920 --> 00:04:15,200 acres. Minimum lot frontage, your standard 72 00:04:11,640 --> 00:04:20,079 requires 120 ft in front of frontage. Whereas the property only offers 100 ft. 73 00:04:18,000 --> 00:04:25,440 And minimum lot width, where in your ordinance requires 150 ft. And the 74 00:04:23,200 --> 00:04:28,080 property only offers 100 ft. So, we do have Mr. Mancini here who will be 75 00:04:26,800 --> 00:04:31,360 presenting um a couple of exhibits. I have one 76 00:04:29,520 --> 00:04:35,080 exhibit as well that I'd like to log in, but we'll go in order as they're 77 00:04:33,080 --> 00:04:37,360 presented to the board. So, All right. If I can call Mr. Mancini up 78 00:04:36,560 --> 00:04:39,320 first. >> Yeah, I'll run on the outside. 79 00:04:38,520 --> 00:04:43,000 » Let it sneak on me. >> Okay. 80 00:04:41,120 --> 00:04:47,040 Keep me on your toes. Good evening, board. Uh Kevin did a 81 00:04:44,680 --> 00:04:52,560 great job summarizing the variances. Um I'll just remind the board that those 82 00:04:48,480 --> 00:04:54,800 are all existing conditions. Um Uh 83 00:04:53,320 --> 00:04:58,919 that that are part of I I believe it's block 84 00:04:55,760 --> 00:05:02,400 1202 lot 14, just to correct the record on that. Uh the property is located in 85 00:05:00,440 --> 00:05:06,280 the R2 district as you heard, and it has those three existing non-conforming 86 00:05:03,919 --> 00:05:09,800 conditions. Uh the plan proposes a single-family home, which is a permitted 87 00:05:07,840 --> 00:05:15,640 use in the R2 zone. Um approximately 100 uh 1,500 sq ft. Um 88 00:05:13,680 --> 00:05:18,600 the proposed home will comply with all the other bulk standards. So, all the 89 00:05:17,040 --> 00:05:23,600 setbacks and coverage requirements will be met. 90 00:05:20,960 --> 00:05:27,400 for the proposed home. So, the variances um if the board sees those as variances, 91 00:05:25,520 --> 00:05:31,080 I mean a lot of boards uh perceive these as existing non-conforming conditions, 92 00:05:29,120 --> 00:05:34,840 but out of caution, I think the board and we uh would treat them as variances, 93 00:05:33,320 --> 00:05:39,880 but they really fall under the C1 criteria or hardship criteria. Um and 94 00:05:37,840 --> 00:05:42,760 I'll read that right from municipal land use law. 95 00:05:41,000 --> 00:05:46,880 Uh by reason of the exceptional narrowness, shallowness, or shape of a 96 00:05:44,720 --> 00:05:50,960 specific piece of property, the strict application of any regulations would 97 00:05:48,600 --> 00:05:54,920 result in peculiar and exceptional practical difficulties to or exceptional 98 00:05:53,040 --> 00:05:57,640 and undue hardship upon the developer of such a property. 99 00:05:56,360 --> 00:06:01,440 Um that is there's practical difficulties to resolving the 100 00:05:59,120 --> 00:06:04,040 non-conforming conditions of the lot shape and size. 101 00:06:03,400 --> 00:06:08,360 Um there's no land to be acquired to bring 102 00:06:05,960 --> 00:06:13,720 this into conformance. And in fact, it is uh substantially consistent with all 103 00:06:11,240 --> 00:06:16,680 the other lots on this side of Harrow Ave. Um 104 00:06:15,400 --> 00:06:21,400 So You want to mark this A1? I'm just going 105 00:06:18,200 --> 00:06:26,240 to reference the the township tax map. Um the subject property is located there 106 00:06:23,960 --> 00:06:31,600 in blue. Um and you can see that 107 00:06:28,760 --> 00:06:39,040 uh along this south side of Harrow Ave, um all of the lots are 100 ft by 260 ft. 108 00:06:37,440 --> 00:06:44,200 Also, if you want to mark >> Yeah, we can mark these as A2. Um these 109 00:06:41,760 --> 00:06:48,400 are aerial photographs that show how this property situated on this side 110 00:06:45,880 --> 00:06:48,400 compared to other 111 00:06:48,640 --> 00:06:54,280 » So not only are are all the adjacent lots consistent in size and shape, but 112 00:06:52,800 --> 00:06:57,320 you'll see that all the all the existing lots around us also have homes on those 113 00:06:56,200 --> 00:07:00,200 lots. So we don't have any double lots where 114 00:06:58,880 --> 00:07:02,919 the house is in the middle. Generally, these are developed in a consistent 115 00:07:01,600 --> 00:07:05,160 manner. Um 116 00:07:04,080 --> 00:07:08,120 so that's the so-called positive criteria. 117 00:07:06,640 --> 00:07:12,600 The board obviously has also considered the negative criteria, whether the the 118 00:07:10,440 --> 00:07:16,440 variances can be granted without uh substantial impairment of the intent and 119 00:07:14,040 --> 00:07:20,960 purpose of your uh zone plan or substantial impact on the public. Again, 120 00:07:19,160 --> 00:07:25,440 the use is permitted. Uh the home's consistent as as you can see with other 121 00:07:23,000 --> 00:07:29,200 homes in the neighborhood. Um the proposed home will comply with all those 122 00:07:27,160 --> 00:07:33,760 other bulk regulations as I mentioned. There's still ample open space on the 123 00:07:31,040 --> 00:07:39,200 lot. Uh and there are a handful of the the other lots that are uh similar 124 00:07:36,240 --> 00:07:41,919 shape, uh lots 20 through 21 on the tax map. 125 00:07:40,200 --> 00:07:45,240 Um therefore, we find that the po- positive and negative criteria would be 126 00:07:43,640 --> 00:07:48,280 met. There's no substantial detriment to the public. As you're driving down 127 00:07:46,800 --> 00:07:52,080 Harrow Ave, you wouldn't perceive this is a non-conforming condition. In fact, 128 00:07:50,400 --> 00:07:54,880 you'd perceive this as being exactly conforming with the character of the 129 00:07:53,720 --> 00:07:56,840 neighborhood. >> [snorts] 130 00:07:55,120 --> 00:08:00,240 » And likewise, I don't see any impact on the intended purpose of the zone plan. 131 00:07:58,280 --> 00:08:04,160 So I think it'd be appropriate for the board to grant variance variances. 132 00:08:04,720 --> 00:08:08,520 That's all I have. Unless the board has any questions, of course. 133 00:08:07,320 --> 00:08:12,720 » We can certainly open it up to the board. We didn't receive any review 134 00:08:10,400 --> 00:08:16,400 letters from your professionals, nor do we really expect to receive one 135 00:08:14,360 --> 00:08:19,800 per se, but to that end, if the board has any 136 00:08:17,720 --> 00:08:23,440 questions, we have Mr. here to answer them. We also have a representative and 137 00:08:22,040 --> 00:08:26,680 the applicant here as well if you have questions for him. 138 00:08:25,520 --> 00:08:30,440 » And of course, the development of the home will be subject to you know, the 139 00:08:28,240 --> 00:08:32,719 plot grading plan requirements, utility connection requirements, anything else 140 00:08:31,880 --> 00:08:35,680 that would be associated with the construction phase. 141 00:08:33,640 --> 00:08:37,680 » And all the other existing standards for development within the zone. 142 00:08:37,039 --> 00:08:40,960 » Correct. >> Just maybe one of just have the 143 00:08:39,240 --> 00:08:46,160 applicant swear in and put on the record his attempts to his attempts to 144 00:08:43,440 --> 00:08:50,560 acquire any land. Obviously, you can't from the tax map, but just that's part 145 00:08:47,680 --> 00:08:52,360 of the criteria, the hardship criteria. So just state your name and address for 146 00:08:51,800 --> 00:08:55,160 the record. >> Uh David Robertson. 147 00:08:53,680 --> 00:08:56,680 » Okay, do you swear to affirm to tell the truth and nothing but the truth this 148 00:08:56,280 --> 00:08:59,600 evening? >> I do. 149 00:08:57,160 --> 00:08:59,600 » Thank you. 150 00:09:00,480 --> 00:09:07,480 » David Robertson, and yes, I do. >> Okay, just 151 00:09:05,280 --> 00:09:12,240 » Yeah, and Mr. Robertson, in the course of developing this property, you did in 152 00:09:09,520 --> 00:09:15,920 fact try to seek additional land adjacent to your property to continue 153 00:09:14,360 --> 00:09:19,000 the development and otherwise comply with the current zoning code. Correct? 154 00:09:18,040 --> 00:09:21,280 » Yes, correct. >> Okay. 155 00:09:23,720 --> 00:09:29,360 Anybody else from the board have any questions for the applicant? 156 00:09:31,280 --> 00:09:35,640 Seeing none, hearing none, can we open up to the public? 157 00:09:35,920 --> 00:09:40,840 So moved. >> Second. 158 00:09:39,000 --> 00:09:42,560 » Anybody from the public wishing to address the board 159 00:09:42,120 --> 00:09:46,240 » Yes. >> on behalf of this application, please 160 00:09:44,600 --> 00:09:50,240 come to the microphone, state your name and your address, and then the uh 161 00:09:48,640 --> 00:09:54,600 solicitor will swear you in. >> All right. My name's Molly Chase. I live 162 00:09:52,120 --> 00:09:57,000 at 122 Hare Lab. >> Do you swear to tell the truth and 163 00:09:56,080 --> 00:10:01,160 nothing but the truth? >> I swear to tell the truth and nothing 164 00:09:58,560 --> 00:10:01,160 but the truth. 165 00:10:01,520 --> 00:10:04,880 Okay. Can I go ahead? 166 00:10:03,880 --> 00:10:09,120 » Go ahead. You're on. >> Hi, my name is Molly and I live at 122 167 00:10:07,120 --> 00:10:12,920 Hare Lab with my husband Jake and directly next to this lot. I have been a 168 00:10:11,120 --> 00:10:17,440 night shift ER nurse for the last 7 years. My job is chaotic and stressful 169 00:10:15,200 --> 00:10:21,320 to say the least. I see people during their most vulnerable and heartbreaking 170 00:10:19,200 --> 00:10:24,920 moments of their lives. Most people do not come home from work carrying 171 00:10:22,880 --> 00:10:28,760 memories of blood-curdling screams from a parent losing their child 172 00:10:27,040 --> 00:10:31,760 or the pain of telling a family member there is nothing more that can be done, 173 00:10:30,400 --> 00:10:34,880 but I do. Our home is my sanctuary away from that 174 00:10:33,560 --> 00:10:38,920 chaos. My husband and I purchased our home in 175 00:10:36,440 --> 00:10:42,120 2022 because of how peaceful and special this neighborhood is. 176 00:10:40,600 --> 00:10:46,320 The homes are not built right on top of each other and the mature trees between 177 00:10:44,200 --> 00:10:50,080 the properties provide beauty, privacy, and a sense of calm. 178 00:10:48,120 --> 00:10:53,440 Our bedroom faces this lot and every morning and night we look out at the 179 00:10:51,320 --> 00:10:57,560 trees and watch deer pass through. That tranquility is one of the reasons 180 00:10:55,120 --> 00:11:01,720 we chose to build our lives here. I'm here today to respectfully ask the 181 00:10:59,400 --> 00:11:05,160 board not to destroy the character and peacefulness of this lot by approving 182 00:11:03,520 --> 00:11:09,160 construction that does not meet the zoning standards already established for 183 00:11:07,080 --> 00:11:12,760 this neighborhood. I also ask that the safety of the 184 00:11:10,839 --> 00:11:15,800 surrounding neighbors I also ask that the safety of the surrounding neighbors 185 00:11:14,160 --> 00:11:19,839 be carefully considered. Less than 2 weeks ago I received a phone 186 00:11:17,760 --> 00:11:22,839 call from our neighbor Lori screaming for us to get out of the house 187 00:11:21,000 --> 00:11:26,520 immediately because the home across the street had caught on fire. 188 00:11:24,960 --> 00:11:30,520 Thankfully, due to the quick response of our brave police officers and 189 00:11:28,040 --> 00:11:34,800 firefighters, no one was hurt. But situations like that are a reminder 190 00:11:32,520 --> 00:11:38,440 of why spacing, frontage, and lot size requirements exist. 191 00:11:36,600 --> 00:11:42,400 Homes built too closely together can increase safety risks and make dangerous 192 00:11:40,400 --> 00:11:46,280 situations even worse. These regulations and standards were 193 00:11:43,960 --> 00:11:50,400 created for a reason. When exceptions are repeatedly made to allow significant 194 00:11:48,360 --> 00:11:53,920 deviations from those standards, it creates a precedent that the rules meant 195 00:11:52,240 --> 00:11:56,720 to protect our neighborhoods can simply be bent. 196 00:11:55,400 --> 00:12:00,600 There are many other properties in Williamstown with some with sufficient 197 00:11:59,040 --> 00:12:04,760 acreage to build a home without compromising the integrity, safety, and 198 00:12:02,840 --> 00:12:08,640 character of this block. I truly hope the applicant is able to 199 00:12:06,480 --> 00:12:12,200 build the home of their dreams, just not in a way that comes at the expense of 200 00:12:10,920 --> 00:12:15,920 ours. Thank you all for your time and 201 00:12:13,480 --> 00:12:18,400 consideration. >> I have a question for you. 202 00:12:17,520 --> 00:12:20,760 Yeah, you don't mind? >> No, yeah. 203 00:12:19,040 --> 00:12:22,040 » If you're standing in the street looking at the lot, 204 00:12:21,560 --> 00:12:26,840 » Yes. >> are you on the right or the left? 205 00:12:24,920 --> 00:12:30,560 » I am on the left. >> You're on the left. What is the lot size 206 00:12:29,160 --> 00:12:32,960 of your property? >> Uh it's around the same. 207 00:12:32,000 --> 00:12:36,400 » 100? >> Uh it's the 0.82 208 00:12:35,480 --> 00:12:39,880 » No, the width. >> Oh, the width? Uh I believe it's around 209 00:12:39,000 --> 00:12:41,920 the same. >> Same? 210 00:12:40,360 --> 00:12:45,080 » But it again, ours was built in the 1950s. 211 00:12:43,560 --> 00:12:47,600 » Yeah, if yours is the same width >> Yeah, I think so. 212 00:12:45,880 --> 00:12:50,680 » and you're maybe to the left of the new >> Uh about, yeah. 213 00:12:50,000 --> 00:12:53,160 » Okay. >> You're welcome. 214 00:12:55,040 --> 00:12:59,458 » Anybody else wishing to address the board on this application? 215 00:12:57,760 --> 00:13:02,280 » I would. >> [clears throat] 216 00:12:59,760 --> 00:13:05,360 » Same thing, your name, your address, and also swear you'll swear you. 217 00:13:03,320 --> 00:13:08,360 » My name is Jacob Rednour. I live at 122 Harrow Avenue. 218 00:13:07,520 --> 00:13:10,440 » Okay, do you swear to tell the truth and 219 00:13:09,440 --> 00:13:12,600 nothing but the truth? >> I do. 220 00:13:11,120 --> 00:13:14,200 » Thank you. And that was what How do you spell your 221 00:13:13,480 --> 00:13:19,320 last name? R A N >> That's R E D A N A U E R. 222 00:13:20,160 --> 00:13:25,320 » Thank you. Okay. >> I respectfully object to the requested 223 00:13:23,320 --> 00:13:30,040 variances because the property fails to meet three major R-2 zoning requirements 224 00:13:27,960 --> 00:13:33,440 for minimum lot area, frontage, and lot width. 225 00:13:31,040 --> 00:13:38,120 These are not minor deviations. Particularly, the proposed 100-ft lot 226 00:13:35,360 --> 00:13:41,240 width where 150 ft is required. The zoning standards exist to preserve 227 00:13:39,800 --> 00:13:45,120 neighborhood character, maintain appropriate spacing between homes, 228 00:13:43,040 --> 00:13:49,160 protect drainage and safety, and prevent overdevelopment of undersized lots. 229 00:13:47,800 --> 00:13:52,840 Additionally, given the recent house fire in the neighborhood just 2 weeks 230 00:13:50,560 --> 00:13:56,200 ago, I believe safety concerns should be carefully considered when evaluating 231 00:13:54,480 --> 00:13:59,640 reduced lot dimensions and spacing requirements. 232 00:13:57,680 --> 00:14:03,960 Adequate frontage what width and separation between structures 233 00:14:01,880 --> 00:14:07,560 are important for emergency access, public safety, and protection of the 234 00:14:05,600 --> 00:14:11,160 surrounding homes. Approving multiple substantial variances 235 00:14:09,520 --> 00:14:14,040 for new construction could undermine the intent and purpose of the township 236 00:14:12,720 --> 00:14:17,720 zoning ordinance and create an undesirable precedent for future 237 00:14:15,680 --> 00:14:21,280 development on similarly non-conforming lots. 238 00:14:19,960 --> 00:14:24,800 The applicant should be required to demonstrate with clear evidence that the 239 00:14:22,760 --> 00:14:28,080 proposed home will not negatively impact surrounding property owners through 240 00:14:26,240 --> 00:14:32,000 increased runoff drainage problems, overcrowding, reduced privacy, traffic, 241 00:14:30,320 --> 00:14:36,000 parking, safety concerns, or the long-term value and desirability of 242 00:14:33,800 --> 00:14:39,480 neighborhood properties. As a nearby property owner, I'm also 243 00:14:37,880 --> 00:14:44,200 concerned that granting multiple significant variances on an undesir- 244 00:14:41,560 --> 00:14:47,360 undersized lot could negatively affect surrounding property values by altering 245 00:14:45,800 --> 00:14:50,600 the established character and standards of the neighborhood. 246 00:14:49,080 --> 00:14:53,360 I understand the desire to develop the property, 247 00:14:51,720 --> 00:14:57,200 but I believe there are alternative uses for this lot that would be better to to 248 00:14:55,200 --> 00:15:00,160 preserve the character, safety, spacing, and environmental integrity of the 249 00:14:58,520 --> 00:15:04,320 neighborhood with without requiring substantial deviations from the township 250 00:15:02,120 --> 00:15:07,520 zoning standards. I fully respect the board's role and 251 00:15:05,839 --> 00:15:12,600 appreciate the time and consideration given to this matter. I simply ask that 252 00:15:09,720 --> 00:15:15,760 the existing standards be help upheld and that the long-term interest, safety, 253 00:15:14,600 --> 00:15:19,520 and character of the surrounding neighborhood be carefully protected in 254 00:15:17,720 --> 00:15:23,240 making this decision. I would also respectfully request to be 255 00:15:21,320 --> 00:15:26,920 kept informed regarding any future hearings, revisions, approvals, 256 00:15:25,040 --> 00:15:30,600 conditions, or significant developments related to this application as this 257 00:15:28,840 --> 00:15:33,760 project directly impacts my home and surrounding neighborhood. Thank you for 258 00:15:32,200 --> 00:15:37,400 your time and consideration. >> I'm just going to ask you just like uh 259 00:15:35,960 --> 00:15:40,880 you know, uh you were asked earlier, I believe your 260 00:15:38,600 --> 00:15:44,160 wife, girlfriend. Uh so, your lot is the same size? 261 00:15:41,880 --> 00:15:47,480 » I believe it is a little bit over 100 ft wide. 262 00:15:44,960 --> 00:15:50,640 » Okay. And how about the other uh lots in the neighborhood? They're pretty much 263 00:15:48,840 --> 00:15:53,400 the same size as what the applicant's trying to build on? 264 00:15:51,840 --> 00:15:55,400 » I believe maybe a little bit bigger or maybe around the same size. 265 00:15:54,880 --> 00:15:57,840 » Maybe? >> Yeah, I'm not too sure. 266 00:15:57,240 --> 00:16:00,520 » Okay. >> All right, thank you. 267 00:15:58,880 --> 00:16:03,680 » All right, good. >> I have a question for you. You 268 00:16:02,360 --> 00:16:06,760 you made a statement that you think there's a better 269 00:16:07,760 --> 00:16:14,560 source for this or better use of this lot. What would you like to be there? 270 00:16:13,200 --> 00:16:17,680 » Well, you could use it as a buffer but for like privacy between the fact the 271 00:16:16,200 --> 00:16:20,440 house that's there and the house that's on the other side of the woods. You 272 00:16:18,920 --> 00:16:25,480 could do a community garden. You could do some kind of park, memorial, anything 273 00:16:22,920 --> 00:16:25,480 like that. 274 00:16:26,520 --> 00:16:29,440 » Yeah, thank you. Wait, wait, Mason. 275 00:16:28,560 --> 00:16:32,839 » Yes. >> What's the size of your home square 276 00:16:30,680 --> 00:16:32,839 footage? 277 00:16:34,200 --> 00:16:38,640 » I believe it's 50 around 1,500 sq ft. 278 00:16:38,920 --> 00:16:44,000 » Morning, Marjorie Swan. >> Okay. 279 00:16:41,520 --> 00:16:46,400 Maybe a little bigger give or take. Thank you. 280 00:16:47,040 --> 00:16:51,800 » Anybody else wishing to address the board? 281 00:16:50,560 --> 00:16:55,040 Same [snorts] sir, your name, your address, and then have have you sworn in 282 00:16:53,800 --> 00:16:59,880 by the solicitor. >> Dan Saxsteder. 283 00:16:57,160 --> 00:17:03,200 134 Harold Avenue, I'm to the left of Jacob. 284 00:17:01,880 --> 00:17:05,079 » Uh if you could just if you could just spell your name for the record if you 285 00:17:04,520 --> 00:17:08,600 don't mind. >> S I C K 286 00:17:06,680 --> 00:17:11,480 S T E D E R. 287 00:17:09,760 --> 00:17:13,680 » Okay, could you raise your right hand? You swear from to tell the truth and 288 00:17:12,800 --> 00:17:16,439 nothing but the truth? >> I do. 289 00:17:14,319 --> 00:17:20,480 » Thank you, sir. >> I just want to bring it up to you guys' 290 00:17:17,959 --> 00:17:25,920 attention that that lot appears to be a rectangle. It is not a rectangle. When 291 00:17:23,439 --> 00:17:31,040 that property was split up from the main portion of the lot, which was 292 00:17:28,920 --> 00:17:35,560 122, there was a small 293 00:17:33,200 --> 00:17:41,200 I'm going to say call it a cabin on the property line and over onto that 294 00:17:38,760 --> 00:17:47,480 other lot. So, when the property line goes back, it actually cuts into 120 295 00:17:45,560 --> 00:17:50,760 back out toward the back and then back over. 296 00:17:48,720 --> 00:17:53,720 I don't know if it will show up on your uh drawings that you have, 297 00:17:52,640 --> 00:17:57,640 but that was called the love shack. That 298 00:17:55,960 --> 00:18:01,960 house was built to live in while they constructed the 299 00:18:00,200 --> 00:18:06,160 main house. And it was left up instead of tearing it 300 00:18:04,240 --> 00:18:12,080 down because the kids needed someplace to stay. 301 00:18:07,440 --> 00:18:12,080 So, it's not a complete rectangle. 302 00:18:13,480 --> 00:18:17,880 It's going to narrow toward the back. 303 00:18:19,480 --> 00:18:22,600 » We'll have the We'll have them address that for you. 304 00:18:21,880 --> 00:18:25,480 » All right. >> Good, sir. 305 00:18:23,200 --> 00:18:29,360 » So, there was a house on this lot? And and I know you said 306 00:18:26,960 --> 00:18:31,640 shack in the back, the cabin, but there was a house on this lot? 307 00:18:31,120 --> 00:18:36,360 » No. >> Oh, I thought you said by the way. 308 00:18:32,960 --> 00:18:37,680 » Part of the they called it the love shack. 309 00:18:36,920 --> 00:18:46,520 » Okay. >> Was The majority of it was on 310 00:18:41,720 --> 00:18:51,720 uh 122, but part of it stuck out on 120. That was all one parcel of land when Mr. 311 00:18:49,800 --> 00:18:56,800 Lee bought all the properties on the street. He bought eight lots. 312 00:18:54,480 --> 00:19:00,400 And he kept his lot to be the biggest one. 313 00:18:58,200 --> 00:19:03,840 And so, he didn't want any neighbor on that side, and he had his garden and 314 00:19:02,640 --> 00:19:06,240 everything over there. >> And then he subdivided it into these 315 00:19:05,640 --> 00:19:10,360 lots. >> Yes, when he passed, the stepdaughter 316 00:19:08,240 --> 00:19:13,880 wanted a piece of it and blah blah blah and never did nothing with it, never 317 00:19:12,000 --> 00:19:16,360 paid no taxes, and here we are. 318 00:19:14,960 --> 00:19:18,680 » Okay. Thank you. >> Mhm. 319 00:19:29,280 --> 00:19:33,760 » Madam, your name and your address, please. 320 00:19:30,920 --> 00:19:40,280 » Good evening. Marie Sackstedter. My husband Dan was up before me. S A C K S 321 00:19:36,920 --> 00:19:43,000 T E D E R. 134 Harold Avenue. >> Did you swear from the tell the truth 322 00:19:41,400 --> 00:19:46,160 and nothing but the truth? >> I do. 323 00:19:44,880 --> 00:19:49,640 Um I just wanted to start off with my 324 00:19:47,960 --> 00:19:54,200 husband and I have been residents of this uh home for 30 uh excuse me, for 41 325 00:19:53,080 --> 00:19:59,000 years. We know quite well how the street is and 326 00:19:56,720 --> 00:20:02,640 what's going on and pretty much every single neighbor. 327 00:20:00,600 --> 00:20:07,480 When the original owners, my husband mentioned Lawrence Lee, 328 00:20:04,480 --> 00:20:12,600 originally owned eight parcels of land here. Little by little over the years he 329 00:20:09,560 --> 00:20:16,960 had to sell parcels off to pay for his uh property taxes. 330 00:20:14,680 --> 00:20:20,840 Their property, my neighbors that we're talking about, their property is 331 00:20:18,680 --> 00:20:26,960 actually bigger than my property cuz this is the largest parcel. 332 00:20:23,400 --> 00:20:31,160 Originally he never wanted anyone to be any anyone building on that property, 333 00:20:29,360 --> 00:20:36,080 the empty lot that we're referring to about here at 120 334 00:20:34,000 --> 00:20:42,000 Harold Avenue at uh block 1202 lot 14. 335 00:20:39,840 --> 00:20:47,760 He never wanted anyone to be on there, so he put his addition completely up to 336 00:20:45,400 --> 00:20:52,320 the edge of his property, which is her bedroom, which is their bedroom. 337 00:20:50,320 --> 00:20:56,600 I can understand why she doesn't want anyone over there and I would agree. The 338 00:20:54,640 --> 00:21:02,200 property needs to have something else done to it other than allowing the 339 00:20:59,440 --> 00:21:04,880 variances to change, which you've already made 340 00:21:03,840 --> 00:21:10,720 uh variances of why it needed to be what 341 00:21:07,080 --> 00:21:14,080 like ours is only 100, it's now 150 ft wide. 342 00:21:11,720 --> 00:21:19,320 When was that variance put into effect? Does anyone know? 343 00:21:15,880 --> 00:21:23,600 When was it changed from 100 ft to 150 ft? 344 00:21:21,720 --> 00:21:26,720 Some I mean, it was changed after we moved to our property 41 years ago. 345 00:21:25,760 --> 00:21:28,000 » Let me ask you a question. How wide was your property when you bought your 346 00:21:27,640 --> 00:21:31,200 property? >> 100, it's still the same. 347 00:21:29,480 --> 00:21:34,320 » Okay, so it was 100 at the time. So, they changed it at some point in time. 348 00:21:32,960 --> 00:21:37,400 » 250. >> I'm assuming that for the other 349 00:21:35,560 --> 00:21:40,280 developments, the larger developments, so that way the developments weren't 350 00:21:38,600 --> 00:21:43,080 close together. I can only assume. It's an R2 zone. 351 00:21:41,760 --> 00:21:46,440 I don't know the last time it was it was reviewed by the master plan. So, it has 352 00:21:44,560 --> 00:21:49,880 to have been in the last probably 30 years. 353 00:21:47,280 --> 00:21:54,840 » Okay, so the same thing goes for the the width, how far back it has to go and so 354 00:21:52,400 --> 00:21:58,480 forth. What is the If if you have a neighbor next door to 355 00:21:56,920 --> 00:22:02,760 you and they want to build something Well, nobody's there. What is the width 356 00:22:00,760 --> 00:22:06,640 that has to be from your home to your property line? 357 00:22:03,640 --> 00:22:10,000 » Generally 25 25 ft. They indicated that they comply with all the If they build 358 00:22:08,880 --> 00:22:13,200 the home where they like to build it, they comply with all the other bulk 359 00:22:11,600 --> 00:22:16,680 variances as far as >> But they're old variances. They're not 360 00:22:14,960 --> 00:22:19,120 the new variances. >> No, there's I believe they said they're 361 00:22:17,680 --> 00:22:22,360 going to build in the winding window envelope and it's going to comply with 362 00:22:20,440 --> 00:22:25,120 all of the bulk variances. Bulk variances are how far the house is from 363 00:22:24,360 --> 00:22:27,400 the side, >> Not according to this letter that I'm 364 00:22:26,960 --> 00:22:31,880 reading. >> You're not letting me finish. 365 00:22:28,640 --> 00:22:34,680 It complies with the bulk variances. That's all That's all I wanted to say. 366 00:22:33,000 --> 00:22:40,760 » I know, but according to this letter for these different sections, they want to 367 00:22:36,760 --> 00:22:45,960 change all of them from 120 to 100 ft. They want to require 150 to only down to 368 00:22:43,640 --> 00:22:50,680 100. So, they're they're They're trying to change things. 369 00:22:48,720 --> 00:22:53,520 » Where the house is located. [laughter] That's what I'm trying to say. 370 00:22:53,760 --> 00:23:01,040 Okay, bulk variances. What they're What they are requesting is the lot area. And 371 00:22:58,520 --> 00:23:03,840 the lot area is the total square feet of the lot. 372 00:23:01,640 --> 00:23:07,280 » Mhm. It says 1 acre, but they're asking for less than 1 acre. 373 00:23:05,160 --> 00:23:09,960 » Correct, cuz we only have 0.82 acres. >> And that's what that lot is, but let me 374 00:23:08,480 --> 00:23:12,520 finish. Maybe hopefully you understand what I'm saying. 375 00:23:11,120 --> 00:23:18,320 The lot frontage 150 and they want 100. 376 00:23:15,440 --> 00:23:20,040 Lot width variance, okay, is the width of the lot Same thing, the width of the 377 00:23:19,440 --> 00:23:23,080 lot. >> Right. 378 00:23:20,320 --> 00:23:26,960 » 150 by 100. Where the house is going to be located, okay, 379 00:23:25,440 --> 00:23:31,560 it's going to satisfy and I refer to as bulk variance. It's going to be the the 380 00:23:28,600 --> 00:23:34,840 required distance from the one side on the right and I'm pointing to the 381 00:23:32,640 --> 00:23:38,200 right. Required distance from the left, the required distance from the roadway, 382 00:23:36,800 --> 00:23:39,520 and the right required distance for what the backyard is supposed to be. So, 383 00:23:39,400 --> 00:23:43,360 they're >> But, why should they be allowed a 384 00:23:40,840 --> 00:23:45,960 variance if this is the minimum requirement by this township? Probably 385 00:23:45,280 --> 00:23:49,480 the same reason >> when the gentleman before subdivided it, 386 00:23:47,560 --> 00:23:51,960 Mr. Lee, he subdivided it into 100-ft lots. 387 00:23:50,720 --> 00:23:55,640 Probably the same reason when the board considered it way back when. 388 00:23:53,760 --> 00:24:02,200 » But, that was Our house was built in 1957. So, he originally was the original 389 00:23:59,240 --> 00:24:06,560 owner. So, this is prior to 1957 is when they did it to the 100. So, we're 390 00:24:04,440 --> 00:24:10,600 talking about old variances and now we're talking about new variances. So, 391 00:24:08,840 --> 00:24:13,200 why should they be able to have something different? 392 00:24:12,240 --> 00:24:15,920 » Cuz that's what they're asking for. The municipal land use law, let me just 393 00:24:14,680 --> 00:24:19,440 finish what I'm saying. >> I understand what you're saying. 394 00:24:17,280 --> 00:24:22,320 » The municipal land use law allows them to apply for variances. 395 00:24:21,280 --> 00:24:25,920 Okay, and that's what they're applying for. 396 00:24:23,240 --> 00:24:30,360 And it's their obligation to satisfy the burden of proof before the board that a 397 00:24:27,960 --> 00:24:35,400 hardship does exist, that the conditions do exist, and they can't do anything to 398 00:24:32,520 --> 00:24:38,240 correct the conditions. Now, one of the criteria is you can 399 00:24:36,920 --> 00:24:42,320 build or can't build, that's that's up to the board. But, that's what the 400 00:24:39,800 --> 00:24:45,920 obligation of the applicant is. >> It certainly wouldn't be fair to anyone 401 00:24:44,280 --> 00:24:51,360 to have a neighbor I mean, only because their property ends 402 00:24:48,800 --> 00:24:56,360 their their her bedroom window ends at the property line, okay? For you to then 403 00:24:54,200 --> 00:24:58,640 now have somebody that's What did you say? 25 ft you can be from 404 00:24:58,520 --> 00:25:03,200 the >> Side yard is 25 ft. 405 00:25:00,280 --> 00:25:07,440 » That's I mean that's a lot. That's pretty close. I mean you might as well 406 00:25:05,400 --> 00:25:13,160 just reach out and touch the neighbor. >> That's the unfortunate of urban living. 407 00:25:10,160 --> 00:25:13,160 It really truly is. 408 00:25:13,960 --> 00:25:17,000 Go ahead, please. Please. 409 00:25:20,200 --> 00:25:26,840 » That was in 1940 something 1945. Correct. 410 00:25:30,720 --> 00:25:35,680 » Because it was he owned he owned both lots. It was a combined lot. 411 00:25:35,040 --> 00:25:39,480 I understand it. >> And he didn't have to get anyone's 412 00:25:37,440 --> 00:25:43,880 permit I mean he went through the the zoning everything cuz we were a resident 413 00:25:41,760 --> 00:25:46,760 when he put the addition on. And they didn't even have to get our 414 00:25:45,800 --> 00:25:51,120 Well, they did have to get our permission and we said yes because he 415 00:25:49,320 --> 00:25:54,360 didn't have anybody to worry about cuz it was an empty lot that he knew he 416 00:25:52,800 --> 00:25:58,600 already owned. That was there that he didn't want 417 00:25:56,520 --> 00:26:03,440 anyone building there. And now all of a sudden the lot was sold and somebody 418 00:26:01,560 --> 00:26:06,720 wants to build a house there. Unless they're going to plan on turning their 419 00:26:04,880 --> 00:26:09,960 house sideways I don't see how 420 00:26:08,400 --> 00:26:15,800 what type of a home that you could build there that it would be adequate enough 421 00:26:12,360 --> 00:26:21,640 to be okay for everyone else. I just And at what point do you make a 422 00:26:18,920 --> 00:26:25,600 decision if that is if the variances go through? 423 00:26:23,280 --> 00:26:29,480 Is it at the end of tonight's meeting? >> At the end of the testimony and when you 424 00:26:27,200 --> 00:26:33,840 » For tonight? Okay, just wanted to know. >> I'm just wondering last question is did 425 00:26:31,160 --> 00:26:37,640 anybody in the neighborhood if that lot was you know, 426 00:26:35,480 --> 00:26:41,480 let's say special to the area. Did anybody in the neighborhood try to buy 427 00:26:39,440 --> 00:26:44,680 that lot to keep it empty? >> Well, yes. 428 00:26:43,040 --> 00:26:49,360 » It was bought up right away. >> Yeah. 429 00:26:45,760 --> 00:26:53,800 We we did not even know that the young lady who lived in Pennsylvania who owned 430 00:26:51,960 --> 00:26:59,680 the lot, We didn't know she didn't pay the taxes because we I we had no contact 431 00:26:57,320 --> 00:27:03,880 with them. But, we just knew that when the lot was purchased, that's when 432 00:27:02,080 --> 00:27:08,680 we realized the lot was even up for sale. But, if we did know, they would 433 00:27:06,760 --> 00:27:12,880 have purchased that lot. It would have been cuz they wanted they don't want 434 00:27:10,640 --> 00:27:15,553 somebody cuz their property ends right there. 435 00:27:13,760 --> 00:27:18,480 And it wasn't up for option when [clears throat] they purchased their 436 00:27:16,440 --> 00:27:22,720 house. Any other questions for me? 437 00:27:20,520 --> 00:27:26,960 Okay, thank you. Please give it to some serious consideration. Thank you. 438 00:27:27,600 --> 00:27:31,800 » Anybody [clears throat] else from the public wishing to address the board on 439 00:27:30,280 --> 00:27:34,840 this application? Seeing none, hearing none, motion to 440 00:27:33,760 --> 00:27:37,360 close. >> Motion to close. 441 00:27:36,240 --> 00:27:38,480 » Second, Bryce. >> All in favor? 442 00:27:38,080 --> 00:27:40,880 » Aye. >> Any opposed? 443 00:27:40,444 --> 00:27:43,480 » [clears throat] >> Mr. 444 00:27:42,880 --> 00:27:44,680 Did you >> Kevin Smith. 445 00:27:44,160 --> 00:27:48,640 » Kevin. >> Yeah, please. Um 446 00:27:47,200 --> 00:27:52,040 I think the board's questions were intuitive. 447 00:27:49,920 --> 00:27:55,080 And I think a lot of the questions that um 448 00:27:53,080 --> 00:27:58,760 need to be asked were properly answered. I mean, the the lot is consistent with 449 00:27:56,880 --> 00:28:02,480 the remainder of the neighborhood. There is no deed restriction on this lot that 450 00:28:00,960 --> 00:28:05,920 prohibits it from being developed as a residential lot. So, it perfectly 451 00:28:04,760 --> 00:28:10,040 squares perfectly within your residential zone. As we've said before, 452 00:28:08,320 --> 00:28:14,360 the applicant fully intends to comply with every other bulk standard that's uh 453 00:28:12,720 --> 00:28:17,920 that they're required to comply with when building the new home. 454 00:28:16,000 --> 00:28:21,520 And uh for those purposes, we do believe that the board uh has the proper 455 00:28:19,760 --> 00:28:25,880 information before it to grant the relief that's been requested. So, 456 00:28:23,480 --> 00:28:27,920 Jared, do you want to add anything? >> No, I think that summarizes it well. 457 00:28:27,440 --> 00:28:30,640 Thank you. >> I have a question 458 00:28:29,280 --> 00:28:34,720 for Jared. How did the applicant acquire 459 00:28:32,720 --> 00:28:37,680 acquire [snorts] this lot? >> I don't know that. So, I'll ask the 460 00:28:36,280 --> 00:28:40,240 applicant to step forward and answer that for the board. 461 00:28:43,760 --> 00:28:50,880 » Um my realtor brought it to me. It was posted on the MLS through Compass. He's 462 00:28:48,880 --> 00:28:56,120 an agent for Compass. So, I get notifications on the Compass app that 463 00:28:53,120 --> 00:28:59,280 the lot was for sale. I took a look at it and thought it looked like a good 464 00:28:57,360 --> 00:29:01,880 piece of property and I I made an offer and it was accepted. 465 00:29:00,200 --> 00:29:05,240 » So, it wasn't bought through a tax sale through the township. It was bought the 466 00:29:03,440 --> 00:29:09,120 regular What do they call that? Fair share 467 00:29:07,080 --> 00:29:12,120 » Arms length transaction. >> Well, it's through a realtor. 468 00:29:10,480 --> 00:29:15,040 » Yeah, through through a realtor, through through the MLS. 469 00:29:13,400 --> 00:29:18,040 » Okay, no, I was just wondering cuz it said something about taxes and I just 470 00:29:16,920 --> 00:29:21,280 wanted to make sure. >> No, I I understand. 471 00:29:18,800 --> 00:29:24,840 » you purchased it, just to clarify, you you understood it was undersized. 472 00:29:23,640 --> 00:29:29,400 » Um that was brought to my attention during 473 00:29:26,480 --> 00:29:32,960 my due diligence period um that it was a little undersized, but it looked 474 00:29:31,160 --> 00:29:36,920 consistent with every other lot on the street, so I I thought it was buildable. 475 00:29:35,680 --> 00:29:39,760 I thought we could fit a house on there if every if every other lot had a had a 476 00:29:39,080 --> 00:29:44,000 house on it. >> And that's I think it was stated 477 00:29:40,965 --> 00:29:46,640 [snorts] by your attorney or that you had an agreement to just let me lay 478 00:29:45,520 --> 00:29:50,560 it adjacent to it to make it compliant. 479 00:29:48,720 --> 00:29:54,000 » That's correct. I mean, there's there's homes on on every other lot on the 480 00:29:52,360 --> 00:29:56,880 street, so I there's no other lots to purchase. 481 00:29:54,680 --> 00:30:02,080 » Let me let me ask one other question. Is there any way you can 482 00:29:59,400 --> 00:30:06,120 close the other house to your left is right on the property line. Is 483 00:30:04,040 --> 00:30:09,520 there any way you can uh relocate the house a little further 484 00:30:08,240 --> 00:30:13,760 away to give them some more You don't have 485 00:30:11,440 --> 00:30:16,920 to, but you meet the 25. I'm not saying that, but 486 00:30:15,160 --> 00:30:20,720 give them some relief? >> Yeah, no, I I understand. 487 00:30:18,560 --> 00:30:24,080 » Um certainly take it under advisement. We wouldn't make it a condition of 488 00:30:21,880 --> 00:30:28,680 approval per se, um so long as the applicant complies with the other bulk 489 00:30:25,400 --> 00:30:32,360 standards in the zone. Um certainly willing to entertain that. 490 00:30:29,760 --> 00:30:35,040 » Yeah, I am. >> How about moving it back? 491 00:30:34,360 --> 00:30:38,000 » Well >> I mean, if we could do it for 492 00:30:35,880 --> 00:30:43,000 » He he has room to the right. Right? Am I reading it wrong? 493 00:30:40,760 --> 00:30:45,440 No, I'm looking at it. He can go to the cuz the house that's on right on the 494 00:30:44,920 --> 00:30:48,400 line >> Right. So, essentially, the neighbor's 495 00:30:47,000 --> 00:30:50,240 house is non-compliant. >> It's the 25 ft. 496 00:30:49,760 --> 00:30:52,880 » Right. >> Moving it back would make it more 497 00:30:51,840 --> 00:30:56,480 incongruent with the rest of the neighborhood. I think what we want is 498 00:30:54,240 --> 00:30:59,800 conformity with the neighborhood. I I I understand the the logic of buying 499 00:30:58,680 --> 00:31:02,640 and moving it back, but I just don't think it would 500 00:31:01,200 --> 00:31:06,120 um be a positive impact overall. 501 00:31:04,120 --> 00:31:07,480 » Of moving it back? >> Of moving it back? 502 00:31:07,280 --> 00:31:10,000 » Correct. >> Right, but moving it to the right 503 00:31:09,400 --> 00:31:12,440 » It's fine. >> Yeah, yeah. I think the bigger thing to 504 00:31:11,200 --> 00:31:14,680 consider is the other improvements like I I believe we need to check the septic. 505 00:31:13,800 --> 00:31:17,600 » Septic? Right. >> Yeah, I think it's the city Is it city 506 00:31:16,800 --> 00:31:20,200 water or is it septic? >> It's city water. 507 00:31:18,680 --> 00:31:23,480 » the septic? >> All right. 508 00:31:20,920 --> 00:31:27,600 » And that might make them move it anyway. Cuz if they're septic 509 00:31:25,480 --> 00:31:32,720 the way it's the county might make them move it to comply. 510 00:31:30,760 --> 00:31:35,600 But, it'd be something to consider and make things 511 00:31:36,480 --> 00:31:43,160 » That's all I have. >> Sir, there was another question uh about 512 00:31:41,520 --> 00:31:47,240 the not the size of the lot, but uh the 513 00:31:45,640 --> 00:31:49,240 configuration of the lot. Can you address that? 514 00:31:47,960 --> 00:31:53,680 » Sure. Yeah, I can speak to that. So, so the lot lines 515 00:31:51,800 --> 00:31:58,360 are rectangular as are all the other lines within this lot. There's an 516 00:31:56,880 --> 00:32:01,240 easement for the so-called blush. 517 00:32:00,160 --> 00:32:03,520 Um I'm 518 00:32:02,000 --> 00:32:08,000 happy to answer any questions. Um there's an easement on the back of 519 00:32:05,440 --> 00:32:12,400 the property. It's well to the back of where the activity is happening, so it's 520 00:32:10,080 --> 00:32:14,840 shown on on the plan that was submitted. Um 521 00:32:13,520 --> 00:32:17,280 referenced in the indeed that was recorded. 522 00:32:15,920 --> 00:32:20,560 Um I don't know about 523 00:32:18,520 --> 00:32:22,560 » Is that still there? Is there a small structure 524 00:32:21,280 --> 00:32:26,080 » There's no structure there now. The shack is not there anymore. 525 00:32:23,800 --> 00:32:29,640 » The shack's gone. >> The love shack's gone. 526 00:32:27,440 --> 00:32:32,120 » Was there a destruction there? >> For whose benefit is the easement? 527 00:32:31,040 --> 00:32:35,920 » Yeah, that's what I'm that's what I'm getting at. 528 00:32:32,440 --> 00:32:40,080 » It's to the benefit of of um lot 15, which I presume is 122, so. 529 00:32:38,200 --> 00:32:43,880 » The other issue with our own property >> you got to wait. Okay. Okay, well, as a 530 00:32:42,080 --> 00:32:47,360 condition of that, will you be it's uh well, it it's for the benefit of 122, 531 00:32:45,960 --> 00:32:49,800 not the benefit of Okay, we'll leave that alone. 532 00:32:50,520 --> 00:32:54,240 » So, the easements It's not 533 00:32:53,720 --> 00:32:56,600 No one will >> Well, it's for the purpose of the 534 00:32:55,240 --> 00:32:59,040 structure, I'm assuming. >> It's not there. 535 00:32:57,280 --> 00:33:03,160 » It's not there. So, it's just going to remain there. The only way it would be 536 00:33:00,040 --> 00:33:06,640 removed from the lot would be if the 122 would consent to it, but you're not 537 00:33:04,520 --> 00:33:09,360 requesting that, so. I'd have to go back to the deed. I don't 538 00:33:08,080 --> 00:33:14,040 have that with me. >> May I already say that the easement is 539 00:33:11,640 --> 00:33:16,200 extinguished when the when the structure goes away? 540 00:33:15,520 --> 00:33:19,520 » Okay. >> Which is out of out of out of bunch of 541 00:33:17,680 --> 00:33:21,920 court documents showing on the survey >> You were going to say it again, weren't 542 00:33:20,720 --> 00:33:24,760 you? You were going to say love shack again, 543 00:33:23,120 --> 00:33:26,943 weren't you? You call it yourself, why not? 544 00:33:25,440 --> 00:33:31,440 » Yeah, I was going to say that. >> [laughter] 545 00:33:28,440 --> 00:33:31,440 » No, I don't do that. 546 00:33:31,880 --> 00:33:36,720 Anything else, sir? No, closing statements, sir? 547 00:33:34,840 --> 00:33:41,120 » No, no, everything is perfectly well and fine. We appreciate 548 00:33:38,000 --> 00:33:45,000 the board's consideration. Thank you. >> I have another question, if you don't 549 00:33:42,560 --> 00:33:45,000 mind. 550 00:33:46,120 --> 00:33:52,160 » Public portion has been closed. Mr. Solicitor, just one question. Just have 551 00:33:50,720 --> 00:33:55,200 to stop at some point in time, so we have to follow the process, but he's 552 00:33:53,320 --> 00:33:58,200 going to do an exception. Do you mind if you should stand up right there? 553 00:33:56,280 --> 00:34:00,840 » Okay, I just have a question about when you mentioned it just 554 00:33:59,400 --> 00:34:05,400 » Uh we can't hear you until you come up to the mic. Thank you. 555 00:34:03,040 --> 00:34:11,240 » Marisa said it again. When you mentioned 25 ft and the lot is actually only 100 556 00:34:08,399 --> 00:34:16,000 ft wide, so if they got to go 25 on one side and 25 on the other side, they can 557 00:34:13,600 --> 00:34:18,679 only make their house 50 ft wide. Is that correct? 558 00:34:17,200 --> 00:34:22,520 » That's correct, yes. It's a tiny little house. Not necessarily, it could be 559 00:34:20,240 --> 00:34:25,639 deep. I don't know what this 1,500 sq ft it could be 30 by 50. 560 00:34:24,399 --> 00:34:27,760 » If the survey is showing some kind of configuration, they have to be able to 561 00:34:27,040 --> 00:34:31,720 go deeper. >> Deeper, yeah, it could be if you just 562 00:34:29,280 --> 00:34:34,879 look to your left there, madam, and you feel free to look. 563 00:34:33,200 --> 00:34:39,159 » Originally, when my husband mentioned the love shack, 564 00:34:36,520 --> 00:34:44,200 they built that originally before they built the existing house at 122 that 565 00:34:41,840 --> 00:34:48,280 they presently live in. They built that, three brothers, so that they could 566 00:34:46,639 --> 00:34:54,480 have somewhere to stay while they were building the house at 122. 567 00:34:51,360 --> 00:35:01,280 It was knocked down by the second owners uh because complying to uh homeowners, 568 00:34:58,880 --> 00:35:05,360 so they opted to tear down the love shack. Um but it was and there is still 569 00:35:04,560 --> 00:35:09,440 some existence >> this just doesn't really help us, to be 570 00:35:07,880 --> 00:35:11,600 honest with you. If If it's not there anymore, part of the structure is 571 00:35:10,840 --> 00:35:15,440 doesn't really >> part of the structure is still there. 572 00:35:13,440 --> 00:35:18,400 » What's there? The love shack? >> Um 573 00:35:16,000 --> 00:35:21,360 » The footings for the uh chimney is it brick? 574 00:35:20,640 --> 00:35:22,920 » That is still there. >> I have a suggestion. 575 00:35:22,280 --> 00:35:25,960 » One that probably >> owner, if you can get the approval, you 576 00:35:24,480 --> 00:35:29,240 agree to remove all the structure in the back? 577 00:35:28,160 --> 00:35:32,520 Whatever exists, you'll get rid of it and properly dispose of it. Okay, so 578 00:35:31,120 --> 00:35:37,320 that'll address that issue, so. >> Okay. But I just wanted to make sure 579 00:35:34,200 --> 00:35:40,720 that we were that it was 25 and 25, so it can only be 50. 580 00:35:38,920 --> 00:35:44,360 » The house width They will not be issued a build building permit if it doesn't 581 00:35:42,640 --> 00:35:46,440 comply. And if they want to make it wider, they have to come back to this 582 00:35:45,520 --> 00:35:49,080 board to make it wider. And you will be 583 00:35:47,360 --> 00:35:51,600 noticed according to municipal law not you'll be noticed by certified mail. 584 00:35:51,080 --> 00:35:53,760 » Okay. >> Okay? 585 00:35:52,240 --> 00:35:56,960 » Thank you for your time. And please consider us. 586 00:35:57,920 --> 00:36:04,360 » All right, well, we've uh heard the testimony of the uh 587 00:36:01,400 --> 00:36:08,720 neighbors open open portion. Um 588 00:36:05,840 --> 00:36:08,720 Do we have a motion? 589 00:36:08,920 --> 00:36:15,160 Oh, I'm sorry. Okay. Just I'm going to generally summarize the application. 590 00:36:13,040 --> 00:36:20,280 The The application is David Robertson, application number 2608. He's seeking a 591 00:36:17,960 --> 00:36:24,280 C-1 vari- variances for the lot area, lot front- frontage, and lot width 592 00:36:22,360 --> 00:36:28,160 variances. The attorney as well as the engineer described the relief that is 593 00:36:26,000 --> 00:36:31,640 being sought. I had marked as evidence A1, which is 594 00:36:30,280 --> 00:36:35,760 the tax map. A2, which is the 595 00:36:33,600 --> 00:36:39,560 survey. I'm sorry, the tax map is A2. Survey was A1 with the configuration of 596 00:36:38,400 --> 00:36:43,120 where potentially the home will be located. Attorney place for the record, 597 00:36:41,760 --> 00:36:46,840 I'm going to just read into the record what the municipal land use states what 598 00:36:44,600 --> 00:36:49,400 you must consider. The applicant of the requirement the 599 00:36:47,920 --> 00:36:53,920 applicant has to prove that the strict application of zoning ordinances like 600 00:36:51,080 --> 00:36:57,720 setbacks or lot size causes unique undue hardship to the physical characteristics 601 00:36:55,880 --> 00:37:03,720 of a specific property such as narrowness, shallow shape, or 602 00:36:59,760 --> 00:37:07,800 exceptional topog- topography. The applicant again must demonstrate the 603 00:37:05,480 --> 00:37:11,480 physical hardship, must demonstrate the unique condition, 604 00:37:09,360 --> 00:37:13,920 and the applicant must uh put on the record what there's no other 605 00:37:12,440 --> 00:37:17,960 alternative, for instance, obtaining additional property to make conform with 606 00:37:16,000 --> 00:37:21,280 the requirements of 1 acre. So, it's your determination again, you 607 00:37:19,400 --> 00:37:25,000 have to look at the negative criteria that it will not cause a substantial 608 00:37:22,960 --> 00:37:28,520 detriment to the public good, which is a kind of an elusive concept, but I think 609 00:37:26,520 --> 00:37:32,720 we understand it by now being kind of astute board members, and will not 610 00:37:30,440 --> 00:37:35,840 impair the intent and purpose of the zone plan and zoning ordinance. So, 611 00:37:34,680 --> 00:37:40,320 that's what you must consider. Should you need a motion to approve, and then 612 00:37:37,760 --> 00:37:43,080 you can vote accordingly. >> Thank you. I apologize. I thought you 613 00:37:42,000 --> 00:37:44,960 did that before we uh >> It was so quick before. I slowed down 614 00:37:44,440 --> 00:37:46,680 this time. >> Okay. All right. 615 00:37:46,000 --> 00:37:50,400 » Sorry about that. >> That's all right. No problem. 616 00:37:48,000 --> 00:37:56,200 » So, we did hear the testimony from the applicants. We heard uh the portion, 617 00:37:53,400 --> 00:38:02,520 uh and our solicitor has summarized the application and the standards. 618 00:37:58,560 --> 00:38:02,520 Uh do we have a motion? 619 00:38:04,240 --> 00:38:09,840 » Motion to approve. Bruce. >> Do we have a second? 620 00:38:11,000 --> 00:38:13,280 » Second. 621 00:38:13,680 --> 00:38:16,480 » Madam Secretary. 622 00:38:16,600 --> 00:38:23,040 » Mr. Race. >> Yes. I feel the applicant has satisfied 623 00:38:21,000 --> 00:38:27,840 the criteria. The applicant has no means of of such obtaining additional 624 00:38:26,600 --> 00:38:31,440 property. Uh there's no deed restriction on the 625 00:38:29,520 --> 00:38:35,680 property. I believe the construction will uh 626 00:38:32,680 --> 00:38:38,840 improve the improve the property. Yes. >> Mr. Deary? 627 00:38:37,160 --> 00:38:42,120 » Yes, I stayed. >> Mr. Kozak? 628 00:38:40,240 --> 00:38:45,680 » Uh the lot conforms with other lots existing lots in the area. Yes. 629 00:38:44,440 --> 00:38:47,880 » Mr. Mulvihill? >> Yes, I stayed. 630 00:38:46,800 --> 00:38:52,440 » Mr. Colavita? >> I think our question here was whether 631 00:38:49,360 --> 00:38:57,520 the property did uh conform to the rest of the area. 632 00:38:53,960 --> 00:39:02,280 Um and it does in fact conform to that. And there's no other variances that are 633 00:38:59,480 --> 00:39:04,800 being requested. Uh yes. >> Okay. You're approved. 634 00:39:03,600 --> 00:39:08,560 » Okay. The one thing I just maybe just amend your motion was subject to outside 635 00:39:07,000 --> 00:39:12,600 all outside agency approvals. So they have to comply with everything else as 636 00:39:10,400 --> 00:39:15,360 well as removal of the previous structure located at the back 637 00:39:14,320 --> 00:39:20,880 of the property. If you don't mind just amending your original motion and just 638 00:39:18,120 --> 00:39:26,360 » Can we amend the original motion to include statements made by our 639 00:39:23,760 --> 00:39:26,360 solicitor? 640 00:39:26,400 --> 00:39:31,120 » Yes. Um 641 00:39:28,320 --> 00:39:35,320 I'd like to amend my motion to include all recommendations by the solicitor. 642 00:39:34,000 --> 00:39:39,760 » Okay. And you do make a second to that. 643 00:39:37,960 --> 00:39:43,800 No, just as everybody agrees. Just Yeah, that's all. All in favor? All right. 644 00:39:41,600 --> 00:39:48,160 Anyone opposed? >> Thank you. Thank you. Thank you, folks. 645 00:39:46,000 --> 00:39:52,600 » Um our next meeting is June 8th. So we'll hopefully have a resolution ready 646 00:39:49,640 --> 00:39:52,600 by then for you. 647 00:39:55,040 --> 00:39:57,440 » Thank you. 648 00:39:58,840 --> 00:40:06,960 » The next application before us this evening is Mr. 649 00:40:03,800 --> 00:40:12,720 Uh is number 26-11, Mr. Paul Murdock, really our variance. 650 00:40:10,000 --> 00:40:12,720 Please step forward. 651 00:40:14,840 --> 00:40:22,720 » Okay, Mr. Murdock, just state your full name for the record and your address. 652 00:40:19,240 --> 00:40:22,720 » My name is Paul Murdoch. 653 00:40:23,120 --> 00:40:26,520 » And your address? >> Pardon me? 654 00:40:25,320 --> 00:40:30,400 » Your address. >> My address 216 Karen Drive, 655 00:40:28,920 --> 00:40:33,440 Williamstown. >> Okay, and just if you could just 656 00:40:31,388 --> 00:40:36,600 [clears throat] raise your right hand. Do you swear or affirm to tell the truth 657 00:40:35,000 --> 00:40:39,560 and nothing but the truth? >> Yes, I do. 658 00:40:37,960 --> 00:40:44,480 » And just for the record, the applicant is seeking a rear yard variance 659 00:40:41,920 --> 00:40:48,600 uh to allow 5 ft where 12.5 ft is required to construct a 720 sq ft 660 00:40:46,960 --> 00:40:53,440 detached garage along with any other variances or 661 00:40:50,400 --> 00:40:58,240 waivers deemed. It's in the RGPR zone, 216 Karen Drive in Williamstown. 662 00:40:56,600 --> 00:41:01,200 » All right. Sir, in your own words, can you uh tell us why you're here this 663 00:40:59,680 --> 00:41:03,320 evening? >> Pardon me? 664 00:41:01,720 --> 00:41:08,080 » In your own words, can you tell us why you're here this evening? 665 00:41:04,920 --> 00:41:13,720 » Oh, I I wanted to make better use of the uh yard 666 00:41:10,000 --> 00:41:16,680 have more useful space in front of the garage. 667 00:41:17,280 --> 00:41:26,360 » Okay, so you're going to construct a garage or is it there already? 668 00:41:22,720 --> 00:41:29,480 » No, I'm going to uh construct it. I hire a contractor. 669 00:41:34,040 --> 00:41:39,200 » Good. >> I have a question for you. You're You're 670 00:41:36,960 --> 00:41:41,880 asking that the back of the garage be closer to the property line. 671 00:41:41,200 --> 00:41:46,440 » Right. >> 5 ft instead of 12 and 1/2 ft. 672 00:41:45,160 --> 00:41:49,600 » Yes. >> Okay. 673 00:41:47,840 --> 00:41:53,200 » Yes, that's correct. >> Why can't it be used for what it's 674 00:41:52,080 --> 00:41:57,160 » asked? >> Yeah. 675 00:41:53,840 --> 00:42:00,560 » I I wanted to use make better use of the uh 676 00:41:58,720 --> 00:42:05,960 of the yard to have more space in front 677 00:42:03,200 --> 00:42:08,840 of the garage. We've got a a deck there that 678 00:42:07,120 --> 00:42:11,640 would clash with the uh 679 00:42:10,240 --> 00:42:16,600 garage. You'd be coming down off the deck, 680 00:42:14,800 --> 00:42:19,640 you know, right down to the garage right in front of the garage. 681 00:42:21,720 --> 00:42:28,520 That I want to move 7 1/2 ft farther. Right. Back, yeah. 682 00:42:28,560 --> 00:42:33,600 » And the purpose of the garage is for the cars? 683 00:42:32,360 --> 00:42:37,200 » Right. >> So, you're going to have a driveway 684 00:42:35,160 --> 00:42:41,440 going back, too, aren't you? >> Well, I don't think that I can have a 685 00:42:39,640 --> 00:42:43,560 driveway. I don't know. Uh 686 00:42:43,600 --> 00:42:46,480 That or 687 00:42:47,440 --> 00:42:51,200 Do we have Do we have a survey Do we have a survey there? 688 00:42:49,280 --> 00:42:53,840 » It's not part of the application. >> Okay. 689 00:42:52,880 --> 00:42:56,320 Is that the survey there? >> Yes. 690 00:43:00,074 --> 00:43:03,000 » [snorts] >> Dan, I want to say it's probably it's 691 00:43:01,440 --> 00:43:04,440 40%. I don't think I think it's okay with the lot coverage. 692 00:43:03,800 --> 00:43:06,200 » Yeah. >> Okay. 693 00:43:04,920 --> 00:43:08,240 » But if he's But if he's adding a driveway Yeah, if he's adding a 694 00:43:07,440 --> 00:43:10,000 driveway, that might >> Yeah, that's going to And the drive The 695 00:43:09,800 --> 00:43:13,080 drive >> And you need to take a look at the 696 00:43:10,920 --> 00:43:16,600 configuration of where it's located. 697 00:43:14,000 --> 00:43:21,920 » Proposed is 34%. >> So, they're saying he'll be under 698 00:43:18,440 --> 00:43:21,920 » He'll be under without a driveway. 699 00:43:22,400 --> 00:43:25,680 » So, the only reason you want it 700 00:43:27,440 --> 00:43:30,200 plus the driveway. 701 00:43:33,360 --> 00:43:40,600 So, the only reason you want to move it forward is not a hardship, it's just 702 00:43:37,640 --> 00:43:46,400 that you want to have a bigger yard. You can move it forward then, right? 703 00:43:43,280 --> 00:43:49,360 » I can't uh >> You can't apply. 704 00:43:48,160 --> 00:43:52,960 » Yeah. >> Is it like if it's going to touch the 705 00:43:50,920 --> 00:43:55,800 house or there's something there or there's a pool [snorts] or 706 00:43:54,480 --> 00:43:58,880 septic or anything? >> Right. 707 00:43:56,440 --> 00:43:58,880 » Mhm. 708 00:44:02,240 --> 00:44:06,720 » Just as for the record, just as square footage of the garage, 709 00:44:05,760 --> 00:44:09,560 what's the plan say? >> That's going to That's allowed to 710 00:44:08,200 --> 00:44:14,880 » The The plan uh >> states 30 by 24. So, this is a little 711 00:44:13,160 --> 00:44:20,440 bit smaller than that. According to our record, it's 720 square foot. And sir, 712 00:44:17,480 --> 00:44:20,440 how big is your house? 713 00:44:21,360 --> 00:44:24,240 » Pardon me? >> Do you know the square footage of your 714 00:44:22,840 --> 00:44:26,880 house? >> The square footage of my house? 715 00:44:25,680 --> 00:44:29,120 » Yes. >> Uh 716 00:44:27,640 --> 00:44:31,600 what's the square footage? >> Um 717 00:44:29,440 --> 00:44:34,520 » 1590 >> So, 718 00:44:32,680 --> 00:44:38,560 just I'll put it to you this way, the the attached or detached garage that you 719 00:44:36,880 --> 00:44:41,520 plan to build is not going to be bigger than your home. 720 00:44:41,840 --> 00:44:48,200 » I'm not sure of the square footage. >> Okay. 721 00:44:45,440 --> 00:44:48,200 » Of the house. 722 00:44:48,520 --> 00:44:51,480 » We're using >> I changed 723 00:44:49,800 --> 00:44:52,720 » saying this this way or 724 00:44:51,960 --> 00:44:55,960 » It's Stone Forest. >> Where is the side? 725 00:44:53,400 --> 00:44:59,360 » Yeah, they're they're they're probably It's probably 1500 square feet. 1300 726 00:44:57,720 --> 00:45:02,280 square feet. It's a rancher in in Stone Forest. 727 00:45:00,080 --> 00:45:04,400 » It's just that what, you know, as far as the name. 728 00:45:03,871 --> 00:45:08,720 » [clears throat] >> The square 729 00:45:06,280 --> 00:45:10,560 » I It's It's It's 1500 ft of living >> Yeah, we 730 00:45:09,560 --> 00:45:13,560 » Yeah. We're just trying to put on the record 731 00:45:11,920 --> 00:45:17,240 that, you know, it's not going to be bigger than your home. And you just have 732 00:45:15,840 --> 00:45:21,000 to know that the you know, it can't be bigger than your 733 00:45:18,600 --> 00:45:21,000 home. 734 00:45:21,240 --> 00:45:25,600 » I can't hear anything that's on there. >> It's [laughter] 735 00:45:24,120 --> 00:45:28,840 okay. It complies. How about we just say it's safe we summarize it it complies. 736 00:45:27,240 --> 00:45:31,640 » I'm having a hard time hearing us. I want 737 00:45:29,120 --> 00:45:34,400 » Okay, I talk loud, okay? >> It might sound 738 00:45:32,600 --> 00:45:37,960 » Okay. The accessory building your building is smaller than your house that 739 00:45:35,960 --> 00:45:41,240 you want to build. Yes or no? >> What's the question? 740 00:45:40,080 --> 00:45:45,920 » The building that you're building that you'd like to build, okay, is smaller 741 00:45:44,200 --> 00:45:46,720 than your house. >> Yes. 742 00:45:46,360 --> 00:45:48,480 » Oh, yes. >> Okay, there we go. You 743 00:45:47,880 --> 00:45:50,080 » Yes. >> Thank you. 744 00:45:49,240 --> 00:45:53,400 » I'm sorry. >> That's okay. All right. 745 00:45:52,440 --> 00:45:56,640 It's been a long day. >> Once. 746 00:45:54,840 --> 00:45:59,160 » You need to be sworn in as State your name You need to be sworn in and state 747 00:45:58,120 --> 00:46:01,680 your name. >> Joyce Murdock. 748 00:46:00,240 --> 00:46:03,480 » Okay, do you swear affirm to tell the truth and nothing but the truth? 749 00:46:02,960 --> 00:46:05,040 » I do. >> And you live in the same place with this 750 00:46:04,640 --> 00:46:07,600 gentleman? >> Yes. 751 00:46:05,280 --> 00:46:12,320 » Okay, good luck. Thank you. >> I just wanted to say I don't know if she 752 00:46:10,280 --> 00:46:18,920 I couldn't hear it too good, but the whole problem is that 753 00:46:16,000 --> 00:46:25,520 the 12 ft from the back of the fence would put the shed 754 00:46:21,240 --> 00:46:33,880 right where I come down my steps to go into the yard. I don't even have 755 00:46:28,600 --> 00:46:41,680 about three steps to either turn left or turn right. The It would be directly in 756 00:46:37,440 --> 00:46:47,520 front. If it would If it would be 5 ft from the shed, it would be in the center 757 00:46:45,800 --> 00:46:52,160 of the yard and it wouldn't be so I mean, I could 758 00:46:49,720 --> 00:46:57,840 come down and we could use I mean, if you just look from my house, all you 759 00:46:54,240 --> 00:47:02,240 would see is right next to We just built a new deck on there. And it just 760 00:47:00,280 --> 00:47:08,720 wouldn't be feasible when I go down the stairs that we're blocked right there. 761 00:47:05,640 --> 00:47:13,120 And we And we need the size the shed because we have so many things in our 762 00:47:11,800 --> 00:47:18,120 seller that we wanted to put in there. That's 763 00:47:15,960 --> 00:47:23,240 why we wanted the size. My husband's ex-husband's retiring. We just paid our 764 00:47:20,480 --> 00:47:29,920 house off. His dream was to have this nice shed that he can sleep in there. 765 00:47:26,040 --> 00:47:36,840 And now, it we we couldn't build that if we had to have it 12 ft from the fence. 766 00:47:33,680 --> 00:47:41,120 And we're making it uh just like our house. It's not going to be a sore thing 767 00:47:39,360 --> 00:47:46,800 sticking up. We're putting the shingles on. It's going to look proper and neat 768 00:47:43,360 --> 00:47:51,880 for nobody to complain. And he That's That's what he wanted. Just that like 769 00:47:50,040 --> 00:47:54,080 that. >> Okay, so you're stating that you It's 770 00:47:53,200 --> 00:47:59,400 going to look like your >> use of the of the with 771 00:47:57,400 --> 00:48:02,360 the 7 ft farther back. >> Okay, and you're saying you're going to 772 00:48:00,640 --> 00:48:04,080 make it look like your home like these fans. 773 00:48:02,920 --> 00:48:08,520 » Just like a little section. >> Yeah, not a pole barn. 774 00:48:06,000 --> 00:48:11,200 » I hate to have this retirement and be happy. 775 00:48:09,400 --> 00:48:14,720 » Okay, another question. Do you do you currently have 776 00:48:12,800 --> 00:48:20,120 If we're both talking at once that court recorder won't be able to or the the 777 00:48:16,280 --> 00:48:25,520 recorder won't be able to understand. Uh You don't currently have any issues with 778 00:48:22,480 --> 00:48:30,440 drainage in the back of your property or you know, with your running into your 779 00:48:27,280 --> 00:48:35,000 neighbor's yard. So, if you put this building there and close to the property 780 00:48:33,200 --> 00:48:36,680 Um there's not currently drainage issues. 781 00:48:36,120 --> 00:48:40,160 » A a drainage issue? 782 00:48:38,320 --> 00:48:44,880 » Correct. >> No, there's there's 783 00:48:41,720 --> 00:48:47,760 not even it's just woods behind. Uh >> But you do have a neighbor to 784 00:48:47,000 --> 00:48:50,600 the side of you, correct? >> We have neighbors to the side, yes. 785 00:48:48,880 --> 00:48:54,080 » Okay. All right, on that side of the property. 786 00:48:52,080 --> 00:48:57,120 » No, there's never been an issue with drainage. 787 00:48:54,800 --> 00:48:57,120 » Okay. 788 00:48:57,960 --> 00:49:06,080 » How high is it going to be? >> Tall. Uh two stories. 789 00:49:02,640 --> 00:49:06,080 Probably 20 ft maybe. 790 00:49:07,320 --> 00:49:12,120 » It's got to be approved by the state. >> Yeah. 791 00:49:10,840 --> 00:49:13,640 » And it's going to be the same color as your house. 792 00:49:13,080 --> 00:49:15,520 » Right. >> Right? 793 00:49:14,560 --> 00:49:17,360 You're not going to use it for your business. 794 00:49:16,640 --> 00:49:20,040 » Oh, no. >> No business, just 795 00:49:18,160 --> 00:49:22,680 » No, I have a I'm restoring a 796 00:49:21,440 --> 00:49:24,000 old pickup. >> And the 797 00:49:23,160 --> 00:49:25,880 » That's the main reason. >> You said there's woods. 798 00:49:25,480 --> 00:49:27,840 » Right. >> There's not no neighbor right behind 799 00:49:27,720 --> 00:49:31,400 you. >> No. 800 00:49:29,000 --> 00:49:35,520 No, there's been that's been woods ever since we lived there for 26 years. 801 00:49:41,040 --> 00:49:46,240 » Any other questions from any of the other board members? 802 00:49:47,400 --> 00:49:52,840 Motion open to the public. >> I move. 803 00:49:51,400 --> 00:49:56,680 » Do we have a second motion to open to the public? 804 00:49:55,080 --> 00:50:01,280 » Second, goes on the >> All in favor? Aye. Any opposed? 805 00:49:59,360 --> 00:50:05,920 Anybody from the public wishing to address the board on this application? 806 00:50:04,320 --> 00:50:09,280 Seeing none, hearing none, motion to close. 807 00:50:07,080 --> 00:50:11,400 » Motion to close, Mr. Chairman. >> Second, Rice. 808 00:50:10,560 --> 00:50:13,360 » All in favor? >> Aye. 809 00:50:11,840 --> 00:50:15,400 » Any opposed? >> Mr. Solicitor, I have 810 00:50:14,120 --> 00:50:20,720 » Okay, I'll summarize the application briefly, number 2611, Paul Murdock is 811 00:50:18,720 --> 00:50:24,520 seeking a rear yard variance. 12 and 1/2 ft is required, he's 812 00:50:22,320 --> 00:50:29,160 requesting five for the construction of the 720 ft square 813 00:50:26,560 --> 00:50:32,160 ft detached garage. He's put on the reason the 814 00:50:30,560 --> 00:50:38,120 his wife has actually put on the record the reasons for the uh request for the 815 00:50:35,080 --> 00:50:43,680 uh garage in location and the size. Also, the applicant's indicated that the 816 00:50:41,640 --> 00:50:47,040 construction materials will similarly match the house as far as the shingle 817 00:50:45,240 --> 00:50:49,480 color, color of the siding, or whatever the 818 00:50:48,040 --> 00:50:53,600 what's utilized for the outside of the house. Not going to operate a business 819 00:50:51,600 --> 00:50:59,800 there. Of course, they have to comply with the township lot grading ordinance 820 00:50:55,880 --> 00:50:59,800 and all other outside agency approvals. 821 00:51:00,960 --> 00:51:08,840 » All right, we've heard the testimony and our solicitor's uh summary. 822 00:51:05,960 --> 00:51:08,840 Do we have a motion? 823 00:51:11,640 --> 00:51:17,520 » Motion Motion to approve, Rice. >> Do we have a second? 824 00:51:20,920 --> 00:51:25,000 Mr. Secretary? >> Mr. Rice. 825 00:51:23,280 --> 00:51:30,640 » Uh I believe the applicant has not proven that there is undue hardship. Uh 826 00:51:27,480 --> 00:51:34,520 the applicant has ability to move the said shed up. 827 00:51:33,240 --> 00:51:39,440 Um so I vote no. 828 00:51:37,120 --> 00:51:45,240 » Mr. Geary. >> Uh I vote yes. Um sounds like to me that 829 00:51:43,360 --> 00:51:48,520 um it's going to be a little situation 830 00:51:46,560 --> 00:51:51,720 getting off your deck and being right in front of you like that. So, I vote yes. 831 00:51:50,520 --> 00:51:57,000 » Mr. Kozak? >> I think where he's putting it will 832 00:51:53,680 --> 00:52:01,080 utilize the yard better for him and as he stated in his testimony, 833 00:51:59,880 --> 00:52:06,080 it would be behind us. So, it won't 834 00:52:02,920 --> 00:52:08,600 affect any private individual house. So, I vote yes. 835 00:52:07,440 --> 00:52:11,440 » Mr. Moville? >> Yes. 836 00:52:10,200 --> 00:52:16,320 » Mr. Colavita? >> We spoke about the drainage and the fact 837 00:52:14,200 --> 00:52:19,800 that there's no properties in the rear behind him. Also, 838 00:52:18,760 --> 00:52:24,000 I think they proven to us that you know, the the yard 839 00:52:22,080 --> 00:52:28,280 it would take up most of the yard. So, yes. 840 00:52:26,080 --> 00:52:33,200 » Okay. You're approved. At our next meeting in June, we will 841 00:52:30,800 --> 00:52:36,760 have your resolution prepared and then we will have to provide a copy of that 842 00:52:35,000 --> 00:52:38,760 to the zoning officer so you can move forward with your permit. 843 00:52:38,200 --> 00:52:42,760 » Okay. >> have to wait until that meeting. 844 00:52:40,720 --> 00:52:45,720 » What do I need to do? >> I'm sorry. You cut me off. I don't hear 845 00:52:44,920 --> 00:52:49,880 you either. So, >> Your application has been approved. 846 00:52:48,440 --> 00:52:53,560 That'll be available at our next meeting. 847 00:52:50,960 --> 00:52:58,520 It'll be sent to you so you can then go through the zoning process to start your 848 00:52:56,320 --> 00:53:02,520 Okay. Building process. >> So, go back to the zoning office then? 849 00:53:00,440 --> 00:53:04,680 » Yeah, you'll you'll be notified when the ordinances 850 00:53:03,840 --> 00:53:05,840 prepared for you. >> Okay. 851 00:53:05,200 --> 00:53:08,880 » Okay? >> All right. 852 00:53:06,600 --> 00:53:12,520 » Have a good evening. >> Appreciate it. You all have a good 853 00:53:10,280 --> 00:53:12,520 evening. 854 00:53:15,800 --> 00:53:23,320 » Do we have people Are you waiting to hear a 855 00:53:20,080 --> 00:53:23,320 certain application [laughter] or 856 00:53:31,400 --> 00:53:39,960 Last week? Last month? >> I thought there was a meeting about the 857 00:53:36,400 --> 00:53:39,960 Cross Keys and 858 00:53:44,840 --> 00:53:49,880 » Oh, that was the council meeting. This is the zoning Board of Adjustment. 859 00:54:05,562 --> 00:54:07,582 » [laughter] 860 00:54:08,320 --> 00:54:13,200 » So, uh Got you. 861 00:54:11,800 --> 00:54:16,120 Open to the public. We have a motion to open to the public. 862 00:54:15,360 --> 00:54:19,800 So moved. >> Second. 863 00:54:17,360 --> 00:54:24,760 » All in favor? Uh any opposed? Anybody from the public wishing to 864 00:54:21,120 --> 00:54:27,120 address the board on any uh topic? Seeing and hearing none, motion to 865 00:54:26,120 --> 00:54:28,600 close. So moved. 866 00:54:28,040 --> 00:54:32,840 » Second. >> All in favor? Uh any opposed? 867 00:54:32,200 --> 00:54:39,920 Uh approval of minutes from April 27th, 868 00:54:35,160 --> 00:54:39,920 2026. Do we have a motion to approve? 869 00:54:41,800 --> 00:54:45,560 We have a second. >> Second. 870 00:54:44,320 --> 00:54:48,880 » All in favor? Uh any opposed? 871 00:54:47,360 --> 00:54:51,000 Do we have any reports? >> No. 872 00:54:57,600 --> 00:55:01,560 » Stick up your your name tag, if you can, and plug it. 873 00:55:00,880 --> 00:55:04,160 Kathleen? >> No report from the council. 874 00:55:03,120 --> 00:55:08,520 » Thank you. Do we have a motion to adjourn? 875 00:55:06,400 --> 00:55:14,000 Motion to adjourn. Do we have a second? 876 00:55:10,040 --> 00:55:14,000 All in favor? All right. Any opposed? 877 00:55:18,680 --> 00:55:22,640 So make a statement. One minute each.