[00:00:02]
GOOD EVENING EVERYONE AND WELCOME TO THE SEPTEMBER 17TH
[1. Convening of Meeting]
BEDFORD TOWNSHIP ZONING BOARD OF ADJUSTMENT MEETING.UM, CAN I PLEASE HAVE THE OPEN PUBLIC MEETING STATEMENT? CERTAINLY.
MADAM CHAIR, THIS MEETING IS HELD IN ACCORDANCE WITH THE OPEN PUBLIC'S MEETING ACT.
ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED IN OFFICIAL NEWSPAPER WITH TOWNSHIP OF MEDFORD SETTING FORTH THE TIME PLACE OF MATTERS TO BE ADDRESS.
UM, CAN EVERYONE PLEASE STAND FOR THE FLAG? SL I PLEDGE ALLEGIANCE FLAG.
DO WE HAVE A NEED FOR EXECUTIVE
[5. Executive Session – Professional Appointments]
SESSION? YES.WE NEED TO GO INTO EXECUTIVE SESSIONS TO DISCUSS PROFESSIONAL APPOINTMENTS.
CAN I HAVE A MOTION? MOTION SERGEANT.
SO WE'RE JUST GONNA GO INTO THE, IT'LL BE VERY RICH, OKAY.
[00:05:01]
UM, YEAH.UH, I JUST WANNA NOTE FOR THE RECORD TOO THAT FORHE IS NOW PRESENT.
UM, SHOULD I, SHOULD WE PASS, VOTE ON THE RESOLUTION NOW OR JUST DO IT? UH, WE CAN DO, WE CAN JUST CONTINUE AN ORDER 'CAUSE IT IS RESOLUTION NUMBER A UNDER HONOR.
[6. Minutes]
AN OPPORTUNITY TO REVIEW THE MEETING MINUTES FOR AUGUST 20TH? AND DOES ANYONE HAVE ANY QUESTIONS OR COMMENTS? I THINK THAT'S WHAT YOU'RE LOOKING FOR.SEEING NONE, CAN I HAVE A MOTION TO APPROVE THE UH, AUGUST 20TH, 2025 REGULAR MEETING MINUTES.
MR. PEN A VICE CHAIRMAN RECORDS AYE.
MAD CHAIRMAN BOTH AYE, THANK UM, NO REPORTS.
SO WE'LL GO INTO MEMORIALIZATION
[8. Memorialization of Resolutions]
OF RESOLUTIONS RESOLUTION 2025 DASH 30 APPOINTING ALTERNATE CONFLICT PLANNER.UH, I MAKE A MOTION THAT WE APPOINT UH, RICHARD A LAND MODEL ASSOCIATES, ALAMO GROUP CONSULTANT ENGINEERS RICHARD HUNT.
MADAM CHAIR HUNTER VICE CHAIRMAN RECORDS.
RESOLUTION 2025 DASH 33 RAQUEL AND ERIC ELA ONE PLEASANT MILL COURT BLOCK 53 0 1 0 1 LOT 25 0 8 DENYING BOTH VARIANCE RELIEF BASED ON THE DOCTRINE OF RE JUDICATA.
HAVE A MOTION I MAKE THE MOTION SECOND.
MS. OOFF AYE VICE-CHAIRMAN RICK AYE.
RESOLUTION 2025 DASH 34 JASON COHEN 20 EAST DELAWARE TRAIL BLOCK 25 0 2 0 1 LOT 11 GRANTING A BULK VARIANCE FOR THE SIDE YARD SETBACK FOR THE CONSTRUCTION OF A 356 SQUARE FOOT ONE STORY ADDITION AND ENCLOSING THE EXISTING ROOF DECK.
I'LL SECOND ROLL CALL MR. HAMILTON.
MR. O AYE VICE CHAIR RECORDS AYE.
RESOLUTION 2025 DASH 35 DANIEL MALL JERRY, 19 HOLLY DRIVE BLOCK 29 0 9 LOT 11 GRANTING BOLT VARIANCES FOR THE SIDE YARD SETBACKS FOR A SECOND STORY EDITION AND COVERED PATIO FOR THE EXISTING SHED.
MR. AYE VICE CHAIRMAN RECORD? AYE.
RESOLUTION 2025 DASH 36 ANDREW MIDDLETON NINE BRANCH STREET BLOCK 1402 LOT ONE GRANTING BULK VARIANCES FOR A PRIVACY FENCE IN THE FRONT YARD.
TWO ACCESSORY STRUCTURES IN THE FRONT YARD, SIDE YARD SETBACK WITH THE GAZEBO AND EXCEEDING THE NUMBER OF ACCESSORY STRUCTURES.
RESOLUTION 2025 DASH 37 JUSTIN DAVIS 66 NORTH LAKESIDE DRIVE, WEST BLOCK 30 11.
LOT THREE GRANTING BOTH VARIANCES FOR FRONT YARD AND SIDE YARD SETBACKS TO CONSTRUCT A SECOND STORY ADDITION.
SORRY I DID MS. FORGE, MR. HAMILTON AYE.
MS. LL AYE VICE CHAIRMAN RECORDS AYE.
RESOLUTION 2025 DASH 38 JOHN SHARP, 2027 FOLSOM COURT BLOCK 9 0 6 0 3 LOT 36 GRADING BOTH VARIANCES FOR THE BUILDING AND LOT COVERAGES AND THE SIDING REAR YARD SETBACKS FOR THE CONSTRUCTION OF A 420 SQUARE FOOT DECK AND SIDE AND REAR YARD SETBACKS FOR THE EXISTING SHED.
VICE CHAIRMAN RICKS AYE AND MADAM CHAIR AYE.
[00:10:01]
RESOLUTION 2025 DASH 39 YMCA OF THE PINES 1303 STOKES ROAD BLOCK 51 0 1 0 1 LOT ONE GRANTING AN AMENDED PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR ELIMINATING THE PRESCHOOL USE FOR THE ROAR TWO BUILDING PREVIOUSLY GRANTED.[9. Applications]
I'M GONNA CALL UP OUR FIRST APPLICATION OF THE NIGHT BEFORE I DO SO I JUST WANNA REMIND EVERYBODY, UM, TO PLEASE SPEAK INTO THE MICROPHONE, UM, FOR RECORDING PURPOSES AND THAT'S FOR THE BOARD MEMBERS AND FOR WHOEVER'S GONNA COME UP TO THE MIC HERE.FIRST APPLICATION OF TONIGHT IS REGINA GIULIANO, 500 TABERNACLE ROAD BLOCK 47 0 4 LOT 1 0 1 SEEKING A BULK VARIANCE FOR AN ORNAMENTAL SIX FOOT FENCE IN THE FRONT YARD.
RIGHT BEFORE YOU BEGIN, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM AND TELL THE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD STARTING WITH YOU MA'AM.
AND FOR THE RECORD, MS. BORHES HAS RECUSED YOURSELF MATTER CHAIR.
TELL US ABOUT YOUR APPLICATION.
UM, WE'RE WE'RE JUST HERE FOR, WE HAD, UM, A LONG TIME AGO, I THINK IT WAS 2010 OR 12, WE HAD THIS APPROVED FORMENTAL FENCES ACROSS THE FRONT OF OUR PROPERTY.
UM, WE HAD A GATE APPROVED AT THE SAME TIME WE LIVED NEAR SHAW A AND WERE AT THE LAKES COUNTRY CLUB.
AND WITH THE TIME WE HAD THAT, OUR KIDS WERE VERY LITTLE AND THE SHAWNEE KIDS WERE PULLING OUR DRIVEWAY THINKING WE WERE IN THE COUNTRY CLUB.
AND SO MY WIFE, WE, WE GOT THE FENCE, UH, THE GATE AND DEFENSE APPROVED.
WE DIDN'T KNOW THAT THE, THE DEFENSE WOULD EXPIRE.
UM, AND LAST YEAR, UH, TRAGICALLY OUR, OUR LITTLE DOG GOT KILLED IN FRONT OF OUR HOUSE AND SO WE WANTED TO PUT THE ORNAMENTAL FENCE UP THAT WE HAD APPROVED, UH, YEARS AGO JUST TO NOT EXPIRE.
SO IT'S ACTUALLY, I THINK IT'S A FOOT LESS THAN THE ORIGINAL PLAN OR SOMETHING.
YOU'RE PROPOSING A SIX FOOT FENCE AND A SEVEN AND A HALF FOOT FENCE WAS APPROVED.
IT, IT WOULD JUST MATCHED KIND OF THE, THE, THE GATE IN THE ENTRANCEWAY THAT'S THERE.
SO AND THE TYPE OF FENCE IS IS THE SAME THAT WAS PREVIOUSLY APPROVED IN CORRECT.
BUT IT'S STILL ALUMINUM PICKET? YES.
THAT WAS PUT UP YEARS AND YEARS AGO TO KEEP THE CARS FROM TWIRLING AROUND, BUT NOW I'M REALLY CONCERNED ABOUT MY OTHER TWO DOGS 'CAUSE THE OTHER, THE ONE THAT WE LOST BROKE THROUGH THE ELECTRIC FENCE THAT I HAVE.
SO I NEED TO HAVE A PHYSICAL BARRIER AND JUST AESTHETICALLY TO MATCH THE GAIT AND PILLARS.
DOES ANYONE FROM THE BOARD HAVE ANY QUESTIONS OR COMMENTS? I FEEL LIKE IF IT WAS ALREADY APPROVED BY THE BOARD, UM, I DIDN'T SEE THE RESOLUTION FROM, UM, I DIDN'T SEE IT IN HERE.
I DON'T KNOW WHAT, UM, THE FORM 2009 DISCUSSED, BUT, UM, I THINK IT'S EXACTLY THE SAME.
IT'S ACTUALLY SHORTER THAN PREVIOUSLY APPROVED, WHICH IS, IT WAS APPROVED AT EIGHT AND A HALF FEET.
THAT'S LIKE A ODD SIZE AND IT'S MORE EXPENSIVE.
IT DIDN'T, WE DIDN'T KNOW WHY WE PICKED THAT, SO WE WENT WITH A STANDARD FACTORY, SIX FOOT OR WHATEVER.
IS THAT WHAT IT'S IT'S SIX FOOT? YES, IT'S A SIX FOOT HIGH, UH, ALUMINUM PICKET FENCE.
SO I VOLUNTEER AT THE SHELTER AND I WITH DOGS AND THAT'S KIND OF THE STANDARD HEIGHT.
AND I HAVE TWO BIG DOGS STILL AT HOME, SO IT'S JUST HONESTLY LIKE, JUST THEY CAN'T JUMP OVER AT THE DAMN BREAK ROAD OF, YOU KNOW.
MR. HUNT, DO YOU HAVE ANY ADDITIONAL COMMENTS, CONCERNS? UM, MADAM CHAIR, I, I DON'T HAVE ANY ADDITIONAL, MANY ADDITIONAL COMMENTS.
UH, OUR REPORT WAS DATED JULY 1ST, 2025.
UH, JUST CALLS OUT THE REQUIRED BULK VARIANCE FOR THE SIX FOOT ALUMINUM PICKET FENCE, UH, WHERE FOUR FEET IS REQUIRED AND METAL PICKING PICKET FENCE IS NOT, UH, PERMITTED.
UM, LIKE THEY SAID, STATED, THEY'RE JUST PUTTING IT WHERE THEY WOULD, UH, PROPOSE BEFORE AND WERE APPROVED BEFORE.
UH, AND IT'LL BE IN LINE WITH WHERE THE GATE IS CURRENTLY.
AND, UH, I DON'T HAVE ANY, I DON'T SEE IT AS A DETRIMENT TO THE PUBLIC OR THE INTENT AND PURPOSE OF THE ZONE PLAN.
UM, AND I'M HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.
I HAVE ONE QUESTION IN REGARDS TO THE GATE ITSELF.
ISN'T THERE A SPECIFIC REQUIREMENT THAT HAS TO BE OFF, BE OFF THE ROAD A CERTAIN AMOUNT OF FEET TO ALLOW A CAR OR VEHICLE TO BE IN WITHOUT THE GATE BEING OPENED? YES.
SO THAT WAS ALSO DISCUSSED, UH, AT THE 2009 HEARING WHEN IT WAS APPROVED
[00:15:01]
AND THE GATE IS SET BACK.A GOOD DISTANCE AND LAST TWO TOO.
AND THERE WAS, IT'S WITHIN WHATEVER THAT ITEM REQUIRES AND THE DEFENSE WE'RE PROPOSING TO SET BACK, SET BACK EVEN FURTHER BEHIND THE GIGANTIC FIRM.
YOU PROBABLY WON'T EVEN SEE IT.
JUST WANTED TO MAKE SURE IT WAS WITHIN CODE.
UM, IF YOU JUST WANNA STEP TO THE SIDE AND I'LL OPEN IT UP TO THE PUBLIC.
UM, A MOTION TO OPEN THE PUBLIC.
IF ANYONE HERE FROM THE PUBLIC, UH, WISHES TO SPEAK ON THIS APPLICATION? SURE.
ALL RIGHT, MA'AM, BEFORE YOU BEGIN, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
D-I-B-R-A-C-C-I-O-B-I I'M SO SORRY.
AND YOUR ADDRESS PLEASE? THREE RAMSGATE COURT.
UH, I JUST, UH, I WANTED TO KNOW, UH, YOU KNOW, A FEW QUESTIONS ON HOW THE, THE FENCE WILL MEET THE SIDE FENCE.
I JUST WANNA KNOW HOW IT'LL AFFECT MY PROPERTY.
I NOTICED THE GATE ON THE ONE SIDE HAS A BIG GAP ON THE SIDE.
WILL IT BE ATTACHED TO THE SIDE FENCE? PROBABLY BE A BIG, BIG GAP.
THE, THE FENCE PER THE PLAN WAS PROPOSED TO GO TO THE SIDE LOT LINES.
AND HOW WILL THAT AFFECT THE SIDE FENCE? SHOULD JOIN WHAT SIDE? WHAT SIDE FENCE? AND IT WILL BE CONNECTED TO, THERE'S A WOODEN FENCE ON THIS SIDE THAT'S FORKLIFT.
ARE YOU ASKING IF IT'LL BE CONNECTED TO IT? YES.
WILL IT BE CONNECTED TO IT? YES.
IT LESS UP SO NO ADULT COULD GET OUT? CORRECT.
AND WILL THERE BE LIKE A NETTING OR ANYTHING IN THE FRONT OF IT? NO, IT'S JUST, UH, A PICKING, UH, ALUMINUM THAT'S, UH, WHEN I VIEWED THE, THE FILES BEFORE.
UM, I ALSO HAD A QUESTION ON ONE OTHER, UH, HAD A CONCERNING ONE OTHER THING, IF I CAN EXPRESS THAT NOW.
THEY, THEY, UM, AT ONE TIME WENT OVER INTO MY PROPERTY WITH THEIR DRIVEWAY AND UH, SO I WANNA MAKE I THE DRIVEWAY THAT'S THERE NOW.
UM, IT, IT DIDN'T SHOW THAT IT'S ADJOINING ON THE SURVEY AND UM, I WAS, IT'S NOW CONNECTED AND I WAS WONDERING, YOU KNOW, IF THAT WAS APPROVED OR HAD A PERMIT OR SO.
RIGHT NOW THE APPLICATION, WHICH IS BEFORE THE BOARD AND THE INFORMATION THAT'S BEFORE THE BOARD IS WITH RESPECT TO THE FENCE AND THE HEIGHT OF THE FENCE.
UM, I UNDERSTAND IF THAT DRIVEWAY IS CONSTRUCTED IN IMPROPER WAY OR IMPROPER MANNER.
UH, I WOULD SUGGEST YOU BRING IT UP TO THE ZONING OFFICIALS, UM, ATTENTION AND DISCUSS THAT WITH THE TOWNSHIP.
BUT THE INFORMATION WITH RESPECT TO THAT IS NOT REALLY BEFORE THIS BOARD RIGHT NOW.
'CAUSE I WAS TOLD I COULD BRING MY CONCERN ABOUT THAT AT THIS MEETING.
IT'S CERTAINLY A CONCERN THAT CAN BE BROUGHT UP.
WE CAN'T TELL YOU, YOU CAN'T TALK ABOUT YEAH, THERE'S NOTHING THAT WE AS THE ZONING BOARD CAN, CAN DO ABOUT THAT.
UM, BUT YOU'RE CERTAINLY ABLE TO VOICE YOUR CONCERNS.
UM, BUT I WOULD RECOMMEND, UH, THAT YOU GO TO THE ZONING OFFICE, UM, TO DISCUSS THOSE.
WHEN WAS THE SUR WHAT'S THE SURVEY DATE BY THE WAY? I'M WHEN YOU SAY A JUNIOR, ARE YOU SAYING THAT THE DRIVEWAY STILL IS ON YOUR PROPERTY? IT IT'S CONNECTED.
AND THERE'S MORE TRAFFIC THERE NOW, SIR.
SO THE DRIVEWAY IS CONNECTED TO YOUR PROPERTY OR IS IT CONNECTED TO THERE? 'CAUSE THEY'RE DRIVE, THERE'S, WELL IT'S RIGHT, BUT IT'S RIGHT UP AGAINST MY PROPERTY.
IT SOUNDS AS IF THERE'S A, SHE'S SAYING THAT THE, THAT THE DRIVEWAY IS NOT SET BACK FAR ENOUGH FROM HER DRIVEWAY, FROM HER PROPERTY LINE BECAUSE IT, I'LL EXPLAIN THE, THE PROPERTY THAT WE HAD WAS IN MY FAMILY SINCE 1968.
SO I INADVERTENTLY, I GUESS WHEN I SOLD MY MOTHER SOLD, LIVED HER MY WHOLE LIFE.
SO MY MOTHER SOLD OFF TO A BUILDER WHO OWNED THE STONE PORTION OF OUR DRIVEWAY INADVERTENTLY WAS OVER ON LYDIA'S PROPERTY.
THE WAY I FOUND THAT OUT WAS WHEN OUR DOG DIED, WE DECIDED TO GET A FENCE AND WE HAD TO TAKE THIS SURVEY AND, AND UPDATE AND DIDN'T KNOW THAT THE STONE HEAD WAS THERE.
LYDIA HAD ASKED THAT I LEAVE THE STONES ON HER DRIVEWAY.
BUT IF WE DIDN'T NEED A VARIANCE WHERE WE PUT A, A PICKET FENCE, I GUESS IT'S FOUR FOOT, WHATEVER THAT IS.
AND THE STONE IS LEFT ON OUR DRIVEWAY AND THEN THE DRIVEWAY COMES AROUND ON OUR SITE.
THE STONE IS NO LONGER, THE STONE IS ON OUR DRIVEWAY, WE DON'T ACCESS IT.
SO I GUESS THAT'S THE BEST WAY TO EXPLAIN IT.
IT WAS ON THERE INADVERTENTLY SINCE 1968, I GUESS.
THERE'S A FENCE NOW AND THURSDAY
[00:20:01]
FAIR? YES.SINCE I DON'T KNOW HOW LONG LI'S BEEN IN THAT HOUSE, BUT WE'VE BEEN DRIVING ON THAT TO GET TO OUR BACK GARAGES, WHICH WERE APPROVED HERE FOR 20 SOMETHING YEARS.
THE ONLY TIME THIS EVER WAS BROUGHT TO OUR ATTENTION WAS WHEN MY DOG DIED AND I IMMEDIATELY GOT THEM TO SURVEY BECAUSE I WANT MY FENCE.
I DIDN'T EVEN KNOW THAT WAS, IT WAS INVERT.
SO WE PUT THE FENCE UP AND SHE, THEY ASKED, LEAVE THIS STEP, WE LEFT THE, WE WERE WILLING TO REMOVE IT AND THEN I GOT ASKED NOT TO REMOVE IT, SO WE LEFT IT.
NOW IT'S, IT'S NOT CONCRETE, IT'S NOT ASPHALT.
I MOVED IN 2009 AND, AND IT WAS NOT THERE.
IS THIS, I JUST SAW IT RECENTLY, SO I'M JUST TRYING TO, AND I'M JUST TRYING TO TEASE OUT WHAT YOUR CONCERN IS.
YOUR CONCERN NOW THAT THE DRIVEWAY WAS CONSTRUCTED IMPROPERLY AND YOU'RE ASKING THE BOY TO DO SOMETHING ABOUT IT? YES.
THE DRIVEWAY WAS NOT ADJOINED ACCORDING TO THAT SURVEY.
SO IT'S NOT ON YOUR PROPERTY, BUT, OKAY.
SO YOUR, YOUR POSITION IS THAT THE DRIVEWAY, BUT IT RIGHT UP TO MY PROPERTY.
SO HER, HER POSITION, MADAM CHAIR, IS THAT THE DRIVEWAY WAS CONSTRUCTED IMPROPERLY IN VIOLATION OF THE PRIOR APPROVALS AND THE SURVEY, UH, MR. THE BOARD CORRECTIVE RELIEF.
BUT THE DRIVEWAY THAT WAS MADE AFTER THIS FENCE SURVEY, CORRECT.
SO THE FENCE SURVEY WAS MADE IN RESPONSE TO THE DOG.
AND THEN THAT'S FENCE AND THEN MOVED THE DRIVEWAY.
WELL, THEY LEFT AND THEN MOVING THE DRIVEWAY, THERE'S, SHE'S SAYING IT WAS NOT DONE PROPERLY.
WE MOVE THIS SMALL SECTION OF STONE IN THE CENTER TO, 'CAUSE WE HAVE A DRIVEWAY AND A DRIVEWAY.
THE LITTLE PIECE THAT WENT ON HER YARD, WE HAD TO PUT OFF OUR SIDE TO GET TO OUR GARAGE LIKE IT WAS ENSS.
NOW, PROPERLY ON OUR SIDE, WE DON'T HAVE ANY TRAFFIC.
NOT SURE WHAT'S GOING ON THERE, BUT THAT'S NOT PART OF THIS AREA.
YOU HAVE ACCESS TO YOUR GARAGE.
GARAGE, YOU HAVE ACCESS TO YOUR GARAGE.
TO YOUR GARAGE GARAGE, SIX CAR GARAGE IN THE BACK.
THE SECOND HOUSE THEY BUILT THERE AND IT'S, IT'S A LOT OF TRAFFIC NOW.
TRAFFIC GOING IN AND OUT ALL THE TIME.
SO AT THIS POINT IT'S JUST A BIG CHANGE.
IT'S JUST A BACK GARAGE WITH IT IN ALL.
AND AND THE OLD DRIVEWAY IS SEPARATED FROM YOUR PROPERTY BY A FENCE? YES SIR.
SO NO, NO, THERE'S NO, THE NEW FENCE, THE NEW FENCE WILL JOIN THE EXISTING FENCES.
WHICH IS YOUR PROPERTY, BUT THERE'S STILL THE REMAINS OF THE OLD DRIVEWAY ON YOUR PROPERTY.
AND THAT WAS, AND THAT'S, THAT IS YOUR PROPERTY.
I JUST TOLD THAT IS YOUR DRIVEWAY TOLD BECAUSE I DIDN'T WANNA DISTURB IT ANYMORE.
BUT I DON'T KNOW WHAT THE SETBACK IS FROM THE PROPERTY LINE, BUT IT'S PRETTY CLOSE TO THAT FENCE.
IT'S REALLY CLOSE AND THERE'S A LOT OF TRAFFIC NOW GOING BACK AND FORTH.
I LIVE WAY IN THE BACK AND YOU KNOW, I NEVER USED TO SEE HEADLIGHTS IN MY WINDOWS AND THINGS, YOU KNOW, GOING BACK AND FORTH.
BUT I SEE A LOT OF TRAFFIC NOW TRUCKS.
UH, IT'S, IT'S MUCH DIFFERENT THAN IT USED TO BE.
BUT AGAIN, IT'S THE APPLICATION.
BUT THIS, WHAT DOES THAT HAVE TO DO WITH DEFENSE? IS DEFENSE CAUSING THE TRAFFIC? NO, THE, THE, THE DRIVEWAY BEING ADJOINED.
I UNDERSTAND, BUT STILL IT WASN'T A JOINT THERE.
SO YOU BELIEVE THAT IT WAS CONSTRUCTED? IM PROPERLY, YOU HAVE TO BRING, TAKE IT UP WITH THE ZONING OFFICIAL, UH, 'CAUSE THAT WOULD BE AN ENFORCEMENT MECHANISM OF THE TOWNSHIP HONOR.
UM, BUT RIGHT NOW WHO'S THE ZONING OFFICER? MS. BE? NOPE.
UM, TO, THAT'S WHY I'M HERE TO RAISE THE CONCERNS SO WE CAN TEASE OUT WHAT WAS GOING ON, HOW IT AFFECTS THE APPLICATION.
UM, BUT ULTIMATELY WHEN, WHETHER THE BOARD GRANTS THIS BULK BEARINGS RELEASE, IT'S WITH THE HEIGHT OF THE FENCE AND OF THE, ITS EVALUATION OF THE C TWO CRITERIA.
AS LONG AS IT DOESN'T AFFECT MY PROPERTY, I HAVE NO PROBLEM WITH THAT.
AND THE TESTIMONY THAT PRESENTED THEM IS THAT IT'S GONNA CONNECT TO THE, TO THE FOUR FOOT HIGH, UM, PICKET, PICKET FENCE OR POST RAIL FENCE THAT'S POSTED YEAH.
SO THERE WILL BE, THERE'S GONNA BE NO NETTING.
SO IN TERMS OF HOW THAT COULD AFFECT THE PROPERTY, I'M NOT ENTIRELY CERTAIN, BUT IT THEY DID SAY IT'S JUST GOING TO CONNECT LIKE A TYPICAL BACKYARD FENCE.
AS LONG AS ALL THOSE LEAVES AREN'T BEING PUSHED ONTO MY, YOU KNOW, PROPERTY AS IT HAVE BEEN.
I, I WILL BE HAPPY ABOUT THAT.
THANK GOD WE LIVE IN WOODED AREAS.
SO, WELL THANK YOU FOR LETTING ME EXPRESS MY CONCERN.
IS THERE ANYONE ELSE FROM THE PUBLIC? UH, SEEING NONE, CAN I HAVE A MOTION TO CLOSE? MOTION TO CLOSE? SECOND.
DOES COMMENTS, ANYONE FROM THE BOARD HAVE ANY ADDITIONAL COMMENTS? IF NOT, I WILL TAKE A MOTION.
[00:25:01]
GOOD LUCK.THANK YOU FOR YOUR TIME BOARD.
WILLIAM AND CARLA PORTER, 40 SOUTH LAKESIDE DRIVE, WEST BLOCK 31 0 5, LOT 36, MEANING A BOTH VARIANCE FOR A FENCE IN THE WETLANDS.
HELLO, UH, FOR THE RECORD, UH, JAMES BURNS FROM THE LAW FIRM OF DENVER BROWN BURNS ON BEHALF OF THE APPLICANT.
UH, WE ARE BEFORE YOU TONIGHT, UH, REQUESTING, UH, VARIANCE APPROVAL ASSOCIATED WITH THE PROPOSED INSTALLATION OF A BLACK ALUMINUM METAL FENCE AND A PART OF VINYL FENCE TO REPLACE AN EXISTING DETERIORATING WOODEN FENCE AT THE PROPERTY LOCATED SOUTH 40 SOUTH LAKESIDE DRIVE WEST.
IT'S ALSO KNOWN AS BLOCK 31 0 5, BLOCK 46 UNDER TAX MAPS.
UM, WE ENVISION THIS AS KIND OF A PRETTY STRAIGHTFORWARD APPLICATION.
THERE IS AN EXISTING WOODEN FENCE AT THE PROPERTY.
UH, IT IS IN DETERIORATING CONDITION.
UH, AND THE APPLICANT'S SIMPLY LOOKING TO REPLACE THE, UH, FENCE WITH A BLACK ALUMINUM METAL FENCE AND A VINYL FENCE ON THE LEFT SIDE, WHICH WILL BE EXPLAINED TO YOU BY, UH, MY CLIENT, WHERE ONLY FENCES OF WOOD CONSTRUCTION ARE PERMITTED UNDER YOUR ORDINANCE.
UH, WITH THE APPLICATION PACKET WE SUBMITTED, WE GAVE YOU, UH, PROPOSED METAL FENCE SPECIFICATION AND VINYL FENCE SPECIFICATION.
SO THAT SHOULD BE IN YOUR PACKET.
UH, WE ALSO SUBMITTED, UH, FOR YOUR REVIEW AND, UH, CONSIDERATION NINE PHOTOGRAPHS REPRESENTING, UH, BLACK AND VINYL FENCES THAT HAVE BEEN INSTALLED IN THE DIRECT VICINITY, UM, OF MY CLIENT'S PROPERTY ACTUALLY IN THE SURROUNDING NEIGHBORHOOD.
UM, WE'RE ONLY, AGAIN, FENCES OF WOOD AND, UH, WOOD CONSTRUCTION ARE PERMITTED.
MY CLIENT'S PROPOSING AN IDENTICAL, UH, FENCING TO WHAT YOU SEE IN THOSE PHOTOS, UH, UH, TO BE, UH, AS INSTALLED BY THE SURROUNDING PROPERTY OWNERS.
WISH WE HOPE WERE APPROVED, UH, BY THIS, BY THIS BOARD.
UH, WE HAVE RECEIVED MR. NOEL'S REVIEW LETTER.
UH, WE CAN COMPLY WITH THAT REQUEST OF, UM, NOT, UH, PLACING CONCRETE FOOTING, UH, WITHIN THE 14 FEET SPECIFIED, UH, IN HIS LETTER, UH, BY THE, BY THE LAKESIDE IN THE, UH, WETLANDS BUFFER.
AND WITH YOUR PERMISSION, MADAM CHAIR, I WOULD ASK THAT MR. PORTER BE SWORN SO HE CAN PROVIDE SOME TESTIMONY.
WILL YOU COME UP, MR. PORT, RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM, TELL THE TRUTH, NOTHING BUT THE TRUTH TO HELP YOU.
GOD, PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
B OI TTR, BACK TO YOUR COUNSEL.
UH, DID YOU HEAR MY INTRODUCTORY STATE? YES, I DID.
UH, WAS MY STATE TRUE TO THE BEST OF YOUR KNOWLEDGE? YES.
AND YOU'RE HERE TONIGHT, REQUEST APPROVAL TO REPLACE, UH, TO CURATING WOODEN FENCE AT YOUR PROPERTY.
FLAT ALUMINUM FENCE, A FENCE ON THE LEFT SIDE OF THE PROPERTY, CORRECT? UH, THE PROPOSED FENCE IS IN KEEPING WITH, UH, FENCES THE NEIGHBORHOOD THAT WE BELIEVE WERE, YEAH, WE WALK THE NEIGHBORHOOD, GET SOME IDEAS, AND UH, THAT WAS TWO OF THE NICE FENCES WE'VE SEEN AND MOST POPULAR.
IN FACT, UH, YOU TOOK PICTURES, UH, OF SURROUNDING PROPERTIES.
YOU SUBMITTED THOSE PHOTOS, CORRECT? THERE'S NINE PHOTOGRAPHS.
UH, AND THEY ALL ARE IN THE DIRECT ITY YOUR HOME, CORRECT? YES.
UH, AND I ASKED YOU TO ALSO TAKE A PHOTO OF YOUR HOME AND ALSO A PICTURE OF THE EXISTING TEST.
DO YOU HAVE THOSE PHOTOS PLEASE? YES.
ADAM, CHAIR, WITH YOUR PERMISSION, WOULD LIKE TO ENTER THIS INTO THE RECORD, SIR, SIR, AS EXHIBIT A ONE, DO WE HAVE, ARE WE AT A ONE OR ARE WE AT A THROUGH A ONE? WE'LL MARK IT AS EXHIBIT A ONE.
NO, I DIDN'T KNOW IF WE ALREADY HAD NO, THESE ARE EXHIBIT.
UM, I FELT THE BEST FORWARD, GET A GOOD SENSE OF THE HOUSE AND THANK YOU.
WE'LL GO, I'LL GO THROUGH THE PHOTOS QUICKLY.
THEY'LL JUST EXPLAIN WHAT, JUST IN CASE, SORRY.
THESE ARE NEW PHOTOS, CORRECT? THESE ARE THE NEW PHOTOS, RIGHT? THESE ARE THE NEW PHOTOS.
DO YOU BY ANY CHANCE HAVE ONE MORE? UH, WE HAVE ONE THAT WE'RE WORKING.
SO T SECOND PHOTO IS AN INDICATION OF THE LOCATION OF FENCE ON ONE, THE FRONT PORTION OF THE SIDE, CORRECT? YEAH, THE RIGHT SIDE.
AND YOU'LL BE REPLACING THAT PORTION OF THE BLACK FENCE? CORRECT.
NEXT PHOTO IS THAT, THAT A CLOSER PHOTO OF THE SIDE, YARD SIDE, THE RIGHT SIDE YARD.
[00:30:01]
AND THAT WILL ALSO BE REPLACED WITH BLACKWOOD, I'M SORRY, BLACKWOOD.FOUR FOUR IS JUST SHOWING THE SIDE SHOT FROM THE SETBACK FROM THE FRONT OF THE HOUSE.
SO THE FENCE IS, THE NEW FENCE WOULD GO EXACTLY WHERE THE GOLD FENCE IS ON THIS SIDE.
AND THIS IS STILL ALUMINUM, RIGHT? THIS IS ALUMINUM, CORRECT.
PHOTO FIVE IS ANOTHER PORTION IN THE FRONT OF THE GATE, CORRECT? CORRECT.
AND THAT WILL BE, THAT'S THE LEFT SIDE OF THE HOUSE AND THAT ALSO WILL BE ALUMINUM FOUR SIX.
IT SHOWS THE LEFT SIDE OF THE SIDE, CORRECT? CORRECT.
SO THE LEFT SIDE SHOE IS UH, WHERE THE, UH, THAT'S ABOUT 55 FOOT LINEAR, SIX FOOT VINYL.
IT'S A GRAY, HAS SOME TEXTURE TO IT.
UM, AND IT'S A, IT'S LIKE A LIGHT GRAY.
UM, AND MAJORITY OF THAT FENCE WILL SIT BEHIND A, UH, A SHED AND TO SHOW FOOT A SEVEN, CORRECT? YEAH.
WILL SIT BEHIND THE SHED AND SOME HEMLOCKS AND THE HEN LOCKS ARE SHOWN ON PHOTO 10.
UM, AND THAT'S WHERE WE'RE LOOKING FOR SOME PRIVACY, SOME.
AND THE PHOTO 11 ALSO SHOWS THE SITTING AREA.
THAT ALSO BE FAIR TO SAY THAT THE VINYL FENCE WILL BE FOR THE ROAD PARK SHIELDED FROM VIEW BEHIND THE HEN LOCKS AND THE, UH, EXISTING SHIP.
AND AGAIN, YOU'RE PROPOSING THE FILE THERE FOR PRIVACY, SOME PRIVACY? YEAH.
WHAT'S THE HEIGHT OF THAT FENCE? SIX FOOT AND THE BLACK CLIENT, A BLACK FENCE WILL BE HOW HIGH? FOUR.
UM, YOU SUBMIT SUBMITTED SPECIFICATIONS WITH YOUR PACKET OF BOTH FACES, CORRECT? NOT HERE.
UM, JUST EXPLAIN AGAIN WHY YOU BELIEVE YOU NEED THE FINAL FENCE ON THE LEFT SIDE.
THE, WE'RE JUST SIMPLY WANT SOME PRIVACY WHERE THAT'S WHERE WE DINE.
UM, WE HAVE TWO DOGS AND UH, THAT'S WHERE WE STORE SOME, SOME EQUIPMENT SUCH AS FIREWOOD, THINGS OF THAT NATURE.
SO SHIELD OF YOUR PROPERTY FROM YOUR NEIGHBOR AS WELL, CORRECT? CORRECT.
UH, AND UM, THE TWO OF THE PHOTOS SHOW THE, UM, LEFT SIDE OF THE HOME, THE, THAT SMALL PORTION, UH, PHOTO EIGHT, NINE.
AND THAT'S JUST SHOWN HIS SETBACK FROM THE FRONT OF THE HOUSE.
SO AS FAR AS THE FENCE IS CONCERNED, IT BEATS THE SETBACKS WITHOUT NOT NAMING VARIANCES FOR ANY OF THAT.
IT'S SIMPLY A VARIANCE TO PERMIT A DIFFERENT TYPE OF FAITH FOR WHAT IS REQUIRED.
YOU PROPOSING, UM, WE DID RECEIVE A REVIEW LETTER FROM MR. CORRECT? CORRECT.
FROM CHRIS NOLL AND WE CAN COMPLY WITH THE CONDITION OF THAT LETTER? THAT'S CORRECT.
MR. NOLAN INDICATES THAT THE FENCE IS GONNA EXTEND INTO, UH, BY THE BULKHEAD OF THE LAKE.
THAT FENCE CURRENTLY EXISTS, CORRECT? YES.
AND HE ASKED THAT NO CONCRETE FOOTING BE PLACED AS IT RELATES TO, UH, THAT FENCE TO MAKE IT A PERMANENT STRUCTURE WITH 14 FOOT AND WE CAN FILE THAT.
CHECK FOR THE LIKE OF THEY HAVE NO PROBLEM THAT YOUR FENCE COUNT.
IS THAT AREA THAT MR. ARNOLD'S REFERENCING, IS THAT WHERE YOU'RE PUTTING THE VINYL? NO.
IS THAT THE VINYL AREA? I THINK SO.
THE, THE AREA THAT MR. NOEL WAS REFERENCING IN HIS LETTER, IS THAT WHERE YOU ARE PLANNING TO PUT THE VINE? WELL, ON ONE SIDE OF THE HOME? CORRECT.
AND YOU'RE SO, AND ON THE OTHER SIDE WILL BE THE, OKAY, SO THE BACKYARD, JUST THE BACKYARD FENCE IS WHERE ALL THE, SO WE, ONE BEING VINYL AND ONE BEING VINYL BLACK OF ALUMINUM.
ONE YOU CAN'T SEE THROUGH ONE, YOU CAN'T.
AND THE PURPOSE OF, AGAIN, THE VINYL IS TO SHIELD, YOU CAN SEE THOSE PHOTOS, YOU ONLY WOULDN'T BE ABLE TO SEE IT ANYWAY FOR THE PURPOSE.
AND IT ADDS THAT ADDITIONAL, THAT'S WHAT I'M TRYING TO UNDERSTAND IS WHAT'S, THERE'S A LOT OF PRIVACY THERE ALREADY BUILT IN IT LOOKS LIKE.
THE OTHER PHOTO SHOWS HOW, AND I THINK THAT'S THE SECOND YOU LOOK AT, I'M SORRY, PHOTO NUMBER THREE.
THAT GIVES YOU AN INDICATION WHERE THE BLACK VINYL GO AND THAT'S OPEN.
YOU SAY BLACK VINYL BLACK, SORRY.
OKAY, SO PHOTO THREE GIVES YOU AN INDICATION WHERE WE'RE GONNA LOOK ON THAT ONE SIDE WITH THE BLACK ALUMINUM, BUT IT'S A VERY OPEN AREA, WHEREAS PHOTO 6, 7, 10 AND 11 GIVEN DEPICTION OF WHERE A VINYL IS GOING.
AND YOU CAN SEE IT'S ALREADY HEAVILY SCREEN.
WE CAN COMPLY WITH MR. NELSON FARM, NO PROPERTY.
THE, UH, THE SCREENING, IS THAT ON YOUR PROPERTY OR
[00:35:01]
YOUR NEIGHBOR'S? I'M SORRY? THE SCREENING THAT YOU'RE TALKING ABOUT, THE HEMLOCKS AND WHATEVER, IS THAT YOUR PROPERTY OR YOUR NEIGHBOR'S? THAT'S OUR PROPERTY.DEFENSE IS, EVERYTHING'S GONNA BE ON OUR PROPERTY.
THE TREES ARE ON YOUR PROPERTY, WHAT I'M ASKING? YES.
DO YOU BELIEVE THAT THIS AS PROPOSAL ENHANCE THE YES.
SO WE'LL BE KEEPING IN KEEPING WITH OTHER OFFENSES AND OTHER
UM, I GUESS I, I MEAN I CAN'T REALLY SEE IT BECAUSE THE UM, BLACK AND WHITE, IT'S BLACK AND WHITE, BUT THE TESTIMONY IS IT'S NOT A WHITE VINYL FENCE.
THE VINYL FENCE IS PROPOSED, UNLIKE THE PHOTOS OF YOUR NEIGHBORS THAT GOT APPROVED WITH WHITE VINYL, YOU ARE NOT PROPOSING A WHITE VINYL? NO, NOT, NO.
WHAT COLOR? IT'S A LIKE A WHITE VARIETY THAT HAS SOME TEXTURE.
IS IT THE WEATHER BLEND THAT'S SIMILAR TO THAT? YEAH.
I MEAN I, I HAVE THE BOOK IF YOU WANTED TO SAY IT'S YEAH, THE, YEAH, I THINK WE SHOULD, THERE'S FROM THIS SIDE OF JACKSON.
MS. TAYLOR, WERE YOU CONFLICTED AT I WAS NOT CONFLICTED AT ALL.
WE WILL MARK THIS AS EXHIBIT A TWO FOR THE RECORD SO WE CAN ASK YOU QUESTIONS.
COAST COASTAL CEDAR ACROSS JACKSON ROAD POINT.
IT'S MORE A, HAS MORE STRUCTURE FILE.
DO YOU HAVE ANY QUESTIONS? I HAVE A QUESTION.
DOES IT HAVE TO BE 50% OR CAKE IN THE GUIDELINES RIGHT NOW IT DOES NOT.
IT CAN BE A SOLID FENCE IN THE BACK OF THE, IT CAN BE.
HOWEVER, THAT IS NOT A USUAL SITUATION IN THIS PARTICULAR NEIGHBORHOOD.
I USED TO OWN THAT LOT
IT'S A SMALL, UH, MINIMUM REQUIRED IS 14,000 AND IT'S 10,200.
BOARD MEMBERS, QUESTIONS, COMMENTS, STILL TRYING TO PULL SOME STUFF HERE.
IF THE FENCE, THE VINYL FENCE IS GONNA BE MOSTLY HID BETWEEN A SHED AND THE TREES.
WHY ARE WE PUTTING IN A VINYL? WHY ARE WE ASKING FOR A VARIANCE FOR A VINYL FENCE? 'CAUSE IT IS, IT'S THE SIDE OF THE HOUSE WHERE OUR SHED IS.
SO WE HAVE SOME UTILITIES, SOME TOOLS OUT THERE.
UM, WE ALSO HAVE A COUPLE AREAS WHERE WE STACK WOOD AGAINST.
SO WE JUST, YOU KNOW, BESIDES THE DINING ROOM, YOU KNOW, WHEN SOMETHING WAS STRUCTURED THAT WE COULD LEAN STUFF AGAINST THE FENCE.
WE ALSO HAVE TWO LABS, UM, THAT YOU, THE HOUSES THAT YOU SHOW HERE WITH THE WHITE VINYL, HOW CLOSE ARE THEY TO YOU IN YOUR NEIGHBORHOOD? LEMME SEE NEXT BIRCHWOOD BROOK SIDES ACROSS THE OUTSIDE.
EVERYTHING THAT YOU SEE IS INSIDE THE, IT'S ON THE OTHER SIDE, RIGHT? IT'S ACROSS JACKSON ROAD FROM ME.
WE'RE NOT TRYING TO GET ANYBODY IN TROUBLE.
WE ASSUME THAT EVERYBODY CAME AND GOT
I I DO KNOW THAT 1 0 2 NORTH LAKESIDE DRIVE EAST DID, I'M NOT CERTAIN ABOUT FOUR THAT MAY HAVE BEEN DONE BEFORE THE ORDINANCE.
I DON'T THINK THEY PARTICULAR YOU'RE TALKING ABOUT
I, I LIKE THE, THE BLACK ALUMINUM I JUST QUESTIONED YEAH.
YOU DON'T, DO YOU NOT THINK IT, IT LOOKS AWKWARD TO HAVE,
[00:40:01]
YOU KNOW, YOU CAN SEE RIGHT.IF YOU WERE TO HOUSE YOU'D LIKE, OKAY.
I MEAN, THERE'S A BIG HOLLOWING TREE YEAH.
THAT BLOCKS THE FRONT OF THE HOUSE.
THEN YOU HAVE THE SHED AND THEN YOU HAVE THE HEADLOCK.
YOU MAY SEE MAYBE, UH, FIVE FEET, FEET OF IT NEAR THE END OF THE PROPERTY.
I, I LOOKING AT THE FRONT OF THE HOUSE, I AGREE WITH YOU.
I MEAN IT LOOKS LIKE IT'S, YOU'RE GONNA SEE THIS VERY HIDDEN.
AND YOU WOULD ONLY SEE THE, THE BLACK ALUMINUM MM-HMM
WHICH I THINK WILL LOOK VERY NICE.
IF NO ONE ELSE FROM THE BOARD HAS ANY, UH, ANY QUESTIONS OR COMMENTS, I WILL ENTERTAIN A MOTION TO OPEN IT TO THE PUBLIC.
MOTION TO MOTION TO OPEN TO THE PUBLIC.
IF ANYONE FROM THE PUBLIC IS HERE TO, UM, THAT WISHES TO SPEAK ON THIS APPLICATION, YOU MAY DO SO NOW.
HELLO? YOU COME UP TO THE MICROPHONE IF YOU CAN, WHEN YOU'RE READY, PLEASE USE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM TELL THE TRUTH AND NOTHING BUT THE TRUTH TO HELP YOU GOD? I DO.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND CAN YOU SPELL YOUR LAST FOR THE RECORD? E-T-T-R-O-A.
AND YOUR ADDRESS PLEASE TAKE IT AWAY.
HI, MY NAME IS ABBY E AND I'VE RESIDED AT 42 SOUTH LAKESIDE DRIVE WEST FOR OVER 43 YEARS.
I HAVE SEVERAL SERIOUS CONCERNS ABOUT THE VARIANCE FOR THE QUARTER'S PROPOSED FENCES.
THE DECISION FOR THE COURT TO INTEREST IN REQUESTING THIS SUBSTANTIAL VARIANCE APPEARS TO HAVE STEMMED FROM AN ISSUE INVOLVING BAMBOO, WHICH HAD BEEN ON THE PROPERTY FOR OVER 25 TO 30 YEARS THAT SEPARATED OUR PROPERTIES.
I WAS SENT A LETTER ADVISING ME THAT THE BAMBOO FROM MY YARD WAS ENCROACHING ONTO, UH, THE PORTER'S YARD AS A RESULT OF THAT LETTER.
AND ALTHOUGH NOT REQUIRED TO DO SO UNDER CURRENT REGULATIONS, I IMMEDIATELY TOOK STEPS TO REMEDY THE SITUATION.
I TOLD MR. PORTER THAT I WOULD ASSUME ALL COSTS TO REMOVE THE BAMBOO ON BOTH PROPERTIES.
EVEN THOUGH I'M ONLY RESPONSIBLE FOR THE BAMBOO ON MY PROPERTY.
THE CONTRACT PROVIDES FOR CONTINUOUS LIFETIME REMOVAL OF ANY NEW BAMBOO.
I ALSO INFORMED HIM THAT AFTER THE BAMBOO DEMOLITION, I'D BE LANDSCAPING AND PLANTING FOR PRIVACY BETWEEN OUR PROPERTIES IN PLACE OF THE BAMBOO BAMBOO.
AT THE TIME HE NEVER MENTIONED HIS INTENTION TO ERECT A SOLID SIX FOOT VINYL FENCE BETWEEN OUR PROPERTIES.
HAD I KNOWN I MIGHT NOT HAVE ASSUMED BEARING THE TOTAL COST FOR THE BAMBOO REMOVAL ON THEIR PROPERTY.
THE REQUESTED VARIANCE PROPOSES INSTALLATION OF TWO COMPLETELY DIFFERENT FENCES ON EITHER SIDE OF THE QUARTER'S, PROPERTY THAT ARE BOTH IN VIOLATION IN VIOLATION OF CURRENT REQUIREMENTS AND AESTHETICALLY INCONGRUENT.
THE PORTER'S DECISION TO HAVE TWO DIVERSE TYPES OF FENCES ON THE PROPERTY UNFAIRLY AND SUBSTANTIALLY BLOCKS OUR ONLY SIDE YARD, BUT NOT THE OTHER NEIGHBOR'S YARD.
THERE IS NO BASIS TO HAVE ONE FENCE, SIX FOOT HIGH AND THE OTHER FENCE FOUR FOOT HIGH.
THE FOUR FOOT BLACK ALUMINUM OPEN FENCE DOES NOT IMPEDE THE NEIGHBOR'S VIEW ON THE RIGHT SIDE OF THE QUARTER'S PROPERTY.
BUT THE FENCE ON OUR SIDE IS UNNECESSARILY RESTRICTIVE BECAUSE A, IT IS HIGHER SIX FOOT, THE OTHER SIDE FENCE IS ONLY FOUR FOOT B.
IT IS A SOLID VINYL WALL AND IT COMPLETELY AND PURPOSELY, PURPOSEFULLY IMP PS OUR VIEW OF THE LENGTH.
MY HUSBAND IS FIVE FOOT SEVEN.
PROPOSED SIX FOOT HIGH WALL BY APPROXIMATELY 50 FOOT LONG.
COMPLETELY PREVENTS EITHER ONE OF US FROM SEEING OUR LAKE WHILE WE ARE ON THAT SIDE OF THE HOUSE.
WHEREAS THE NEIGHBORS ON THE OTHER SIDE HAVE A COMPLETELY UNOBSTRUCTED VIEW OF THE PORTER'S PROPERTY AND THE LAKE WE ARE BEING UNFAIRLY DISCRIMINATED AGAINST AND BEING SINGLED OUT FOR THE SIX FOOT SOLID WALL.
THE CONSISTENCY OF THE AESTHETICS IS INCONSISTENT BECAUSE OF THE DIFFERENT FENCE AND HEIGHT ON EACH SIDE.
IF THE PORTERS ARE CONCERNED ABOUT THEIR DOGS GETTING LOOSE, HAVING A SOLID FENCE ON
[00:45:01]
ONLY ONE SIDE DOES NOT ACHIEVE THEIR GOAL.AESTHETICALLY IS NOT PLEASING HAVING TWO FENCES, SO COMPLETELY DIFFERENT IN SIZE AND APPEARANCE.
THE PORTER'S REQUEST FOR A VARIANCE IS EXTREME IN VIOLATION OF CURRENT ZONING REGULATIONS AND UNFAIRLY DISCRIMINATES AGAINST US BY BLOCKING OUR VIEW OF THE LAKE.
ONE OF THE PRIME REASONS RESIDENTS DESIRE LAKEFRONT PROPERTY.
FOR ALL THESE REASONS, I RESPECTFULLY REQUEST THAT THIS VARIANCE BE DENIED.
IN THE ALTERNATIVE, WE WOULD NOT OBJECT TO A FOUR FOOT FLAP ALUMINUM OPEN FENCE BEING INSTALLED ON BOTH SIDES OF THE FLORIDA'S PROPERTY.
CHAIR YOU'D LIKE TO ADDRESS? NO, SURE.
IS THERE, IS THERE ANYONE ELSE FROM THE PUBLIC THAT WISHES TO SPEAK ON THIS APPLICATION? OKAY, SO NONE.
CAN I HAVE A MOTION TO CLOSE? SO MOVE SECOND.
UM, THE ISSUE WITH BAMBOO, UM, DESCRIBE WHAT HAPPENED WITH BAMB.
SO THE BAKOS, UM, I DIDN'T EVEN KNOW ABOUT BAMBOO UNTIL OUR LANDSCAPER SAID IT WAS ENCROACHING ON A PROPERTY.
SO FOR THE HOME WAS, UH, CONSTRUCTED IN 2015.
SO WE DEALT WITH IT FOR MANY YEARS WHEN THE LANDSCAPE WOULD COME IN WHERE HE WOULD REMOVE IT, REMOVE IT UNTIL IT, IT STARTED ENCROACHING UP ONTO, UM, WE HAVE, UM, ARTIFICIAL TUR IN THE BACK OF THE YARD.
AND HE SAID IF IT STARTS GETTING UNDER THERE, IT'S GONNA BE A PROBLEM.
SO THAT'S WHEN WE ADDRESSED IT WITH THEM.
UH, THEY VOLUNTEERED TO TAKE CARE OF IT.
UM, SO WE WERE LIKE, OKAY, THAT THAT'S NOT, YOU'LL BE SIGNED UP A WAIVER TO HAVE THEIR, UH, THEIR CONTRACTOR REMEDIATE NOT ONLY THEIR PROPERTY, BUT SOME OF OUR PROPERTY WITH SOME, UH, SPECULATIONS THAT THEY'RE NOT GONNA DESTROY THE, UH, ARTIFICIAL TUR.
UM, WE SAID THAT WE WOULD, UH, REMOVE SOME OF OUR, UH, SPRINKLERS, SOME OF OUR LIGHTING.
WE ALSO HAVE, UM, UH, THE OLD RUN IN THE YARD AS WELL, WHICH WE'RE OF ALL THAT WE'RE REMOVING SOME OF OUR PLANTS SO THAT THE REMEDIATION CAN BE SUCCESSFUL FROM AFTER TALKING TO THE LANDSCAPER OR THE, UH, CONTRACTOR.
HE SAID THAT, UH, IF HE GETS MOST OF THE, UH, BAMBOO REMOVED FROM HER SIDE, IT SHOULD DIE ON OUR SIDE AS WELL.
SO, AND YOU WERE ADVISED THAT BAMBOO HIGHLY YEAH.
I MEAN APPARENTLY THERE'S, THERE'S NOT ALLOWED THAT VAN SO, UM, UNKNOWNS TO US.
BUT LIKE I SAID, IT WAS BROUGHT OR ATTENTION BY A VACCINE.
SO THERE WAS NOTHING MALICIOUS IN YOU TRYING TO WORK TO MAKE SURE THAT THIS NOT PERMITTED CORRECT.
AS FAR AS FINAL GOES, UH, WE, WE CHOSE BOTTOM BECAUSE THAT'S WHAT WE FEEL IS BEST FOR US ON THAT SIDE OF THE HOUSE.
OR LIKE I SAID, WE'RE GONNA BE USING IT IF WE USE IT AS A UTILITY, UH, IT'LL KEEP ALL OF OUR MATERIALS OFF OF THEIR PROPERTY.
THERE'S OF OUR TIMES WHEN THEY COMPLAIN ABOUT THE LANDSCAPER BLOWING LEAVES IN THE YARD AND STUFF.
SO, UH, YOU KNOW, WE'RE JUST, WE'RE JUST GOING WITH THE VINYL AS FAR AS THEM SEEING NO, THEY, THEY CAN'T SEE THE LAKE NOW.
IT'S IMPOSSIBLE FOR THEM TO SEE LAKE THROUGH A SHED AND THE, UH, EIGHT, NINE FOOT.
SO THAT'S, THAT'S SOMETHING NOT TRUE.
YOU CAN SEE BY THE PHOTOS WE NOT COMPETING.
THERE ARE VISION AND YOU ALWAYS ATTEMPTED TO BE A GOOD NEIGHBOR.
YOU'VE, UH, WORKED, UH, TO REMEDY ANY COMPLAINTS THAT YOUR NEIGHBORS HAVE LEAK BLOWING IN THE LANDSCAPING YEAH.
DOGS, ALL OF THAT LITTLE THINGS.
UH, AND YOU WANT TO CONTINUE TO BE A CORRECT.
BUT THE WHOLE POINT OF THE BAMBOO WAS TO SIMPLY WORK THROUGH MOVING THE BASEMENT VEHICLE, CORRECT? CORRECT.
AND IT WAS STARTING TO OVERTAKE YOUR YARD AND AFFECTING BREW.
THERE'S NOTHING NO, YOU AND I JUST WANNA ASK A QUESTION AS FAR AS IT BEING SIX FOOT THAT'S PERMITTED CORRECT? IT'S NOT MINE.
WHAT WOULD BE PERMITTED WITHOUT HAVING A BEARING? THE CONCERN WITH THE VINYL WAS THAT IT HAD, WOULD HAVE TO HAVE CONCRETE FOOTINGS.
THE APPLICANT HAS INDICATED THAT THEY WOULDN'T HAVE THE CONCRETE FOOTINGS AS A PRACTICAL MATTER, THEY'RE ALLOWED TO HAVE THE SIX FOOT HIGH FENCE.
IT IS NOT A NORMAL THING IN THAT NEIGHBORHOOD.
UM, CLEARLY THERE ARE OTHER ISSUES HERE.
UM, I DON'T THINK WE NEED TO BE, THAT NEEDS TO BE BROADCAST.
[00:50:01]
IS PERMITTED OTHER THAN THAT.SO THE SIX FOOT IS, IS PERMITTED.
UM, AND ALTHOUGH NOT TYPICAL FOR THE NEIGHBORHOOD, THAT'S WHY THERE ARE PLENTY OF SIX FOOT VINYL FENCES IN THAT NEIGHBORHOOD.
THERE'S NOT ONE ON YOUR STREET THAT I SAW.
THEY, YOU DIDN'T, I DON'T THINK YOU SHOWED.
THE ONES YOU SHOWED WERE ACROSS THE STREET, ACROSS JACKSON ROAD.
WELL, AND AS FAR AS THE DEFENSE'S CHOICE, IT'S THE PERSONAL CHOICE THAT THEY HAVE MADE, UH, FOR THE PRIVACY PURPOSES.
UH, AND UM, THE ISSUE WAS REALLY NOT THE VIOLENT, THE ISSUE REALLY IS REPLACING YOUR ORDINANCE IS VERY RESTRICTED IN THAT IT'S ONLY PERMIT ITS WOOD.
AND THAT'S WHY WE NEED A VARIANCE.
THAT'S THE ONLY, ONLY REASON WE'RE NOT GONNA REPLACE OFFENSE.
THAT'S SOMETHING THAT'S NOT RIGHT.
BUT THE BOARD CAN MAKE A DECISION BASED ON AESTHETICS AND CHARACTER OF THE NEIGHBORHOOD, WHICH IS WHY WE BROUGHT THOSE PHOTOS BECAUSE, YOU KNOW, WE DON'T FEEL WE SHOULD BE TREATED DIFFERENTLY OBVIOUSLY THAN OTHER PEOPLE THAT YOU WOULD PUT FENCES UP WITHOUT OBTAINING VARIANCES OR HAVE RECEIVED VARIANCES.
IT FITS INTO THE AESTHETICS OF THE NEIGHBORHOOD.
WE'VE SEEN THE HOUSE, THE BEAUTIFUL HOME IT MAINTAINED.
I DON'T THINK MY CLIENT WOULD DO ANYTHING THAT WOULD, UH, HURT THE VALUE OF THIS HOME WOULD CREATE AN ISSUE.
BUT THAT IS AN AREA WHERE THEY SIT, THAT'S AN AREA WHERE THEY WANT PRIVACY.
UH, THAT'S THE RELATIONSHIP BETWEEN THEM AND THEIR NEIGHBOR.
YOU'RE NOT THERE TO BE THE ARBITER OF THAT.
SO, UM, IT'S, IT'S ER MAY TRY TO MAINTAIN THAT PRIVACY AND HOPEFULLY LIMIT THE ISSUES THAT THEY MAY HAVE GOING FORWARD AND UNDERSTAND.
JUST, I I JUST WANNA BE CLEAR, YOU'RE GONNA PUT, YOU'RE PROPOSING TO PUT THE FENCE BEHIND MS. HEMLOCKS CORRECT? WITHIN THEIR POCKET, RIGHT? YEAH.
THAT'S A GREAT VALUE FOR BEDFORD RULES.
THEY CAN HAVE A SIX FOOT WOOD FENCE.
IS IT ALLOWED TO BE SOLID? SO THIS IS CONSIDERED THE REAR YARD.
THE THE ISSUE WAS INITIALLY THAT THERE WAS AN UNDERSTANDING THAT THEY WERE GOING TO PUT THE METAL FENCE IN THE FRONT YARD.
AND IF YOU LOOK AT THE ONE 40 LAKESIDE DRIVE THAT'S IN THE YARD ON JACKSON ROAD, AND THAT WAS APPROVED BY THIS BOARD BASED UPON THE TESTIMONY THAT WAS PROVIDED, THE METAL FENCE THAT THEY'RE PROPOSING IS BEHIND THE FRONT OF THE HOUSE.
SO IT ACTUALLY IS PERMITTED TO BE LOCATED IN THAT LOCATION.
IT CAN'T BE LOCATED BETWEEN THE FRONT OF THE HOUSE AND THE, THE STREET LINE.
WITH RESPECT TO THE SECONDARY FENCE ON SIX FEET.
THEY'RE ALLOWED TO HAVE A SIX FOOT FENCE.
THEY JUST COULDN'T HAVE IT FINE IN THE FRONT YARD AND THEY CAN'T HAVE THE FOOTINGS.
SO THERE'S REALLY NOT NECESSARILY A DECISION FOR YOU TO MAKE AT THIS POINT BECAUSE THEY'VE SAID THAT THEY DON'T NEED THE FOOTINGS.
I THOUGHT IT WAS THE MATERIAL.
SO NO, THE, THE METAL MATERIAL IS BEHIND.
SO IT WAS MY UNDERSTANDING WHEN WE FIRST GOT THIS APPLICATION THAT MR. PORTER WAS GOING TO PUT THE FENCE BETWEEN THE FRONT OF THE HOUSE AND THE STREET.
I CALLED MR. PORTER ON THE PHONE AND I SAID, WHERE ARE YOU PUTTING THE FENCE? AND HE SAID, I'M REPLACING THE WOOD FENCE WITH METAL FENCE.
AND IT IS ALLOWED TO BE IN THAT LOCATION, WHICH IS BEHIND THE FRONT OF THE HOUSE.
IT IS NOT TYPICAL IN BIRCHWOOD.
THE LOTS ARE UNDERSIZED TO HAVE A SIX FOOT FENCE.
IT'S A A 10,200 SQUARE FOOT LOT.
NOW THE, THE ORDINANCE DOESN'T, DOESN'T REALLY DISCRIMINATE.
IT'S NOT NECESSARILY GREAT TO HAVE A SIX FOOT HIGH FENCE IN DOWNTOWN EITHER BECAUSE YOU HAVE VERY SMALL ODDS AND GENERALLY SPEAKING, PEOPLE DON'T DO IT AS A MATTER OF COURTESY.
HOWEVER, IN THIS CASE, THERE'S REALLY NOTHING TO PROHIBIT THEM FROM PUTTING THIS SIX FOOT FENCE IN.
AND THEY ARE NOW NOT DOING THE CONCRETE FOOTING.
SO TECHNICALLY THERE'S REALLY NOT A DECISION TO BE MADE HERE.
SO VIOLENCE PERMITTED, WHY DON'T WE DROP IT? VINYL IS PERMITTED LIKE A VINYL.
WOOD FENCES ARE, ARE PERMITTED IN THE FRONT YARD.
BUT YOU CAN PUT UP A VINYL FENCE IN TOWN IN THE REAR YARD.
SO THERE'S NO REASON FOR THIS VARIANCE AT ALL.
ONCE THEY, WE WERE ADVISED WE NEED A VARIANCE AND THAT'S, THAT'S WHY WE'RE HERE FOR A VARIANCE.
I THINK THAT OBVIOUSLY THAT THAT ANGLES, THERE'S A LOT OF, UH, DECISION AND ISSUES FOR THIS BOARD.
UH, AND YEAH, WE ARE NOT PUTTING THE, UH, THE BLACK, UH, ALUMINUM FENCE IN THE FRONT SO RIGHT.
AND WE CAN, WE CAN, WE DON'T NEED TO INSTALL CONCRETE PHOTOS
[00:55:01]
THAT, OKAY.SO I MEAN IF, I MEAN WE GOT THIS FAR NICELY.
WHAT, SO THEN WHAT IS COUNSEL? COUNSEL, WHAT IS YOUR RECOMMENDATION THEN? 'CAUSE THEY ARE, I MEAN THEY PUT TESTIMONY ON THAT THEY'RE NOT, YOU KNOW, HAVING THE CONCRETE FOOTING.
I DON'T KNOW IF THEY NEEDED TO DO THAT.
BUT IF THEY'RE NOT REQUESTING A VARIANCE, THERE'S NO RELIEF THAT THIS BOARD CAN GIVE.
COUNSEL CAN CERTAINLY WITHDRAW THIS APPLICATION AND APPLY FOR A PERMIT.
BUT LIKE SHE HAD SAID, NORMAL USE OF A VINYL FENCE WOULD REQUIRE THE CONCRETE FOOTINGS.
THEY'VE ALREADY SAID THEY'RE NOT GONNA DO THAT.
I MEAN, YOU PASS THIS THAT WAY.
I MEAN WE, YOU GUYS CAN ADOPT A RESOLUTION JUST TO MEMORIALIZE THE COMMON, BUT IT WOULDN'T REALLY NECESSARILY BE ANY MORE ENFORCEABLE THAN A SOMEBODY GOING OUT THERE WITH A AS MAKE A ZONING COMPLAINT, A ZONING OFFICER GOING AND INSPECTING FROM THE NEIGHBOR SAYING, YEP, NOPE, THERE'S CONCRETE.
IT IT'S, IT'S A, IT'S A PINELAND CONSIDERATION.
AS FAR AS THE FOOTINGS CORRECT.
IT'S NOT NECESSARILY METFORD TOWNSHIP.
SO AS LONG AS THEY DON'T PUT THE FOOTINGS IN, THEY'RE NOT IN VIOLATION OF ANY PINELANDS RESTRICTIONS.
AND ACCORDING TO MS. TAYLOR, THEY'RE NOT IN ANY VIOLATION OF RIGHT.
BECAUSE THE METAL FENCE IS NOT IN THE FRONT YARD.
IT IS IN, IT IS BEHIND THE FRONT OF THE HOUSE.
SO IT IS NOT IN THE FRONT YARD.
WE DON'T KNOW WHERE THE MISUNDERSTANDING WAS.
UM, BUT YOU KNOW, WE'RE HAPPY WE GOT BEFORE YOU TONIGHT AND UH, YOU KNOW, THE KEY FOR US IS THAT IF SOMEBODY CALLS AND SAYS, UH, MADAM CHAIR DID, DO THEY NEED A PERMIT OR CAN THEY GET A PERMIT? I JUST, I DON'T WANT TO HAVE TO GO BACK.
I HAVE TO CALL MICHELLE AND SAY, MICHELLE TELL 'EM WE CAN GET A PERMIT.
UM, AND YOU KNOW, MAYBE AS A COURTESY WE CAN EXPLAIN THIS TO THE NEIGHBOR IF SHE NEEDS SO AS TO WHAT, WHY WE'RE NOT, WE'RE NOT MAKING ROLLING, WE'RE NOT MAKING A DECISION.
THERE'S NOT A VARIANCE NEEDED.
UM, BECAUSE IT IS, YOU KNOW, IT WAS JUST NOW CONFUSING FOR ALL OF US.
SO CAN, I CAN IMAGINE IT'S CONFUSING FOR THE NEIGHBOR AS WELL.
UM, WHY WE JUST WENT THROUGH THIS AND NOW WE'RE DETERMINING THAT YOU ACTUALLY DON'T HAVE TO BE HERE.
WE FILED THE APPLICATION BECAUSE WE WERE INSTRUCTED TO, UH, AND, UH, YOU KNOW, WE'RE HAPPY TO COMPLY WITH THE TOWNSHIP REQUIREMENTS.
SO THAT'S, THAT'S WHY WE'RE HERE.
SO I ASSUME YOU'RE WITHDRAWING YOUR APPLICATION AND NOT ASKING THE ORDER TO GIVE GRANT ANY RELIEF.
WE WILL WITHDRAW THE APPLICATION AND, UH, SO THAT, UH, UH, WE CAN HAVE IT ON RECORD.
WE'LL WITHDRAW THE APPLICATION.
WE HAVE THAT ON THE RECORD AND UH, HOPEFULLY WE CAN GO TO THE TOWNSHIP TOMORROW AND PULL THE PERMITS AND WE'LL HAVE PERMISS ISSUE.
AND IF NECESSARY I'LL CALL MR. BARGA.
THANK SO MA'AM, JUST SO I CAN EXPLAIN, SO WHEN THE APPLICATION ORIGINALLY CAME, CAN YOU HEAR ME? MM-HMM.
SO WHEN THE APPLICATION ARRANGE CAME IN, THERE WAS A DISCREPANCY AND THE LOCATION OF THE BLACK ALUMINUM FENCE, IF THE BLACK ALUMINUM FENCE WAS PROPOSED TO BE LOCATED IN THE FRONT YARD, WHICH WOULD'VE TRIGGER THE VARIANCE 'CAUSE THE ALUMINUM FENCE IS LOCATED IN LOCATION, NOT IN THE FRONT YARD.
I JUST CONTAINED THE WHOLE PICTURE.
SO NOW WITH RESPECT TO THE VINYL FENCE THAT YOU CARE ABOUT, IT'S PERMITTED BY TOWNSHIP ORDINANCES FOR THAT SIX FOOT FENCE TO EXIST AS IN THAT MATERIAL, IN THAT MATERIAL IN
SO BECAUSE IT IS A PERMITTED MATERIAL AND A PERMITTED HEIGHT.
SO UNFORTUNATELY, SO THAT'S WHY.
SO EVEN IF THE BOARD WANTED TO SAY NO, YOU CAN'T HAVE IT, IT'S PERMITTED BY THE TOWNSHIP AND THAT'S ALL THAT MATTERS AT END.
AND DOES IT SAY IN THE ORDINANCE ANY TYPE OF FENCE? I THOUGHT IT WAS ONLY WOOD.
THAT'S IN THE FRONT YARD, MA'AM.
SO YES, AS MS. TAYLOR JUST SAID.
SO BECAUSE IT IS LOCATED IN THE REAR YARD, THE WHITE VINYL IS PERMITTED.
NOW I UNDERSTAND THE FRUSTRATION MOVE VERY MM-HMM BECAUSE I FELT RESPONSIBLE AS A LANDSCAPER THAT PUT IT IN.
I NEVER KNEW THIS IS 25, 30 YEARS.
UM, I NEVER, HE WAS ON PROPERTY UNTIL BILL TOLD ME RECENTLY.
HE SAID HE DIDN'T KNOW ABOUT IT.
I DIDN'T KNOW HE KNEW ABOUT IT YEARS AGO.
AND I IMMEDIATELY HIRED A COMPANY.
UM, I, I DID EVERYTHING I THOUGHT I COULD DO.
UM, I UNDERSTAND THE FRUSTRATION, I UNDERSTAND WHAT YOU'RE SAYING.
[01:00:02]
UNDERSTOOD MA'AM.UM, WE DIDN'T KNOW THIS ALL UNRAVELED BEFORE US AS WELL.
SO WE'RE JUST GONNA MOVE ON TO THE NEXT APPLICATION.
NEXT APPLICATION IS DAVID HOFF TEASER 1 74 COW PATH ROAD BLOCK 64 0 8 BLOCK FIVE.
SEEKING BOTH VARIANCES FOR THE FRONT YARD SETBACK WITH SIDE YARD SETBACK, EXCEEDING THE MAXIMUM HEIGHT, EXCEEDING THE CAPACITY AND BUILDING DEPTH TO CONSTRUCT A 25 BY THREE SIX FOOT THREE BAY TWO STORY GARAGE.
ALL RIGHT, SIR, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM, GIVE THE CH TELL.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD? I DO.
SORRY, I WAS STUTTERING THERE.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
LAST NAME'S H-O-F-T-I-E-Z-E-R.
AND YOU ARE THE OWNER OF THE PROPERTY? YES, SIR.
TELL US ABOUT YOUR APPLICATION.
UH, I'M REQUESTING APPROVAL TO BUILD A 36 FOOT WIDE BY 25 FOOT 900 SQUARE FOOT THREE BAY DETACHED GARAGE, UH, 385 FEET.
THIS IS AN ATTIC SPACE THAT WILL BE USED FOR STORAGE.
THE REASON FOR THIS REQUEST IS I HAVE HISTORICAL VEHICLES THAT I WANNA STORE IN THE GARAGE.
UM, THERE ARE SEVERAL VARIANCES THAT YOU HAD MENTIONED THAT I WANT TO ADDRESS EACH ONE.
IT'S CONSIDERED THE FRONT YARD BECAUSE YOU NEED A 73.99 FOOT MINIMUM SETBACK.
WE'RE REQUESTING A VARIANCE OF 63 FEET.
UH, THIS IS DUE TO THE CURRENT LOC OR THE LOCATION OF WHERE THE GARAGE BE, UH, TO THE APPROXIMATE APPROXIMATE OF THE AVAILABLE SPACE AND WHERE MY CURRENT GARAGE IS.
SO IT'LL BE FACING THE CURRENT GARAGE I HAVE.
AND THE SPACE, UH, THAT IT IS BEING PUT IN IS SURROUNDED BY A WOODEN AREA.
THERE ARE NO TREES BEING REMOVED.
UM, YES THAT THERE'S 15 FOOT MINIMUM REQUIRED ON THE SIDE YARD.
THAT'S TO ENSURE WE HAVE PROPER SPACE FOR VEHICLES TO EXIT AND ENTER THE GARAGE.
AND ALSO KEEPS THE CURRENT COVERED VIEW AND NOTE AND ENSURES THAT TREES ARE BEING REMOVED.
REMOVED, UM, THE CAPACITY FOR THREE OR MORE VEHICLES WHERE TWO CAR GARAGE ALREADY EXISTS.
UM, THREE ADDITIONAL ARE PROPOSED WITHIN THE DETACHED GARAGE.
AGAIN, THE PURPOSE OF THIS IS TO STORE THE, THE VEHICLES, UH, THE EXCEEDED PERMITTED DEPTH OF 24 FEET OR 25 IS PROVIDED.
UH, THE PLAN I CHOSE FOR THE GARAGE, THAT WAS THE, UH, FOOTAGE.
IT, IT, IT CAME IN THE PLAN AS AND TO EXCEED THE PERMITTED HEIGHT OF 20 FEET.
IT'S, UH, BEING CRESTED FOR 20 FOOT SIX INCHES, WHICH AGAIN, IT WAS A PART OF THE PLAN.
UM, THE, UH, THE SHED THAT YOU SEE IN THE FRONT YARD IS BEING REMOVED.
UM, SO WILL NOT BE IN THAT SIDE YARD.
UM, AND I KNOW ANY CONCERNS, UH, THERE ARE NO TREES BEING REMOVED.
I HAVE PICTURES OF WHERE IT'S GOING TO SEE THE ONLY, UH, NEIGHBOR THAT REALLY WILL BE ABLE TO VISIBLY SEE IT IS THE NEIGHBOR BEHIND ME.
THE SCOTTS AND I ACTUALLY BROUGHT THEM WITH ME 'CAUSE THEY HAVE NO ISSUE WITH IT.
UM, THE COLORS OF THE GARAGE THAT I'M BUILDING WILL MATCH THE EXISTING HOUSE ITSELF.
THE LIGHTING, UH, WILL ALSO MATCH THE EXISTING OUTSIDE LIGHTING AND WILL HAVE, UH, SHIELDING ADDED SO THERE'S NO DISRUPTION TO THE NEIGHBORS.
UH, DID YOU PROVIDE TESTIMONY ON THE, THE USE OF BOTH FLOORS? I KNOW OBVIOUSLY WITH FIRST FLOOR IS STORAGE IS FOUR, THE SECOND FLOOR, THE SECOND FLOOR WOULD EASIER STORAGE.
UM, AND UH, GOING BACK TO THE UM, THE PLANNER'S LETTER, IF YOU COULD PROVIDE TESTIMONY ON WHETHER THERE WILL BE ANY LIFTS OR NO VEHICLE MAINTENANCE EQUIPMENT? NO, JUST FOR STORAGE.
UM, AND THEN THERE WAS A QUESTION, MS. TAYLOR.
THERE WAS A COMMENT THAT THE ARCHITECTURAL PLANS WERE INCONSISTENT WITH THE SURVEY.
UH, WE HAVE AN UPDATED SURVEY.
UH, THIS IS MY ARCHITECT PLANS TOGETHER, SWEAR YOU IN, SWEAR OR AFFIRM TELL THE TRUTH AND NOTHING BUT THE TRUTH.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
ARCHITECTS, PLEASE JUST DESCRIBE THE BOARD WITH A BRIEF OVERVIEW AND YOUR EXPERTISE AND CREDENTIALS.
REGISTERED ARCHITECT JERSEY, PENNSYLVANIA, DELAWARE AND I, UM, PRESENTED TO MANY BOARDS IN THIS AREA.
NOT THIS BOARD, BUT, UM, ALL THE OTHER LOCAL BOARDS, UH, SURROUNDS, LICENSE AND STILL IN GOOD STANDING.
YEAH, IT'S CORRECT WHEN THE BOARD ACCEPT THEM AS A REGISTERED ARCHITECT IN THE STATE OF NEW JERSEY.
CAN I PASS ON A PACKET OF, UH, CERTAINLY WE'RE
[01:05:01]
MARKED AS IT AS EXHIBIT A ONE.AND CAN YOU JUST SAY THE LAST REVISED DATE? 'CAUSE I SEE IT'S AS REVISED, RIGHT? WHAT WAS THE LAST REVISION? IT'S LAST REVISED.
CAN I CORRECT? UH, RE THANK YOUR HONOR, MARK THAT AS EXHIBIT A ONE.
I JUST WAS, UM, COMMENTING THAT THE, THERE, THE ARCHITECTURAL PLANS WERE INCONSISTENT WITH THE SURVEY.
SO NOW WE HAVE ENOUGH OF THE SURVEY.
MS. TAYLOR, DO YOU HAVE ANY? IT WAS, UM, I THINK, UH, WE JUST, UM, WE MARKED UP THE LAND SURVEY SO THAT IT WAS APPROPRIATELY, UM, SO WE COULD UNDERSTAND WHERE IT WAS LOCATED IN REFERENCE TO THE, UH, THE SITE PLAN.
UM, AND SO THE QUESTION, SIR, OKAY.
UM, YOU TOOK THE MARK UP FROM DAVE AND UPDATED IT SO THAT, UH, IT WOULD REFLECT THE REQUIRE ORIENTATION OF THE, OF THE GARAGE AND I CAN'T WALK INTO THOSE.
UM, AND I GUESS THE ONLY OTHER THING WAS YOU WERE SORT OF WONDERING WHY THERE WAS A, A STANDARD DOOR GOING OUT TO THE, THE SIDE YARD AND THE NEIGHBOR'S PROPERTY.
YOU KNOW, LIKE IT'S A LITTLE, IS THAT STILL THE CASE? IS THERE STANDARD DOOR ON THE PLAN THAT, UH, THAT WE WORKED ON THE DATE.
UH, BUT IT COULD BE REMOVED IF THAT WAS WELL, I, I MEAN I DON'T, I DON'T HAVE AN ISSUE WITH THAT.
I JUST SEEM A LITTLE SILLY TO HAVE A DOOR THAT GOES NOT TOWARDS YOUR DRIVEWAY AND, AND
YOU KNOW,
IF THAT'S A STUMBLING BLOCK, I MOVE THE DOOR.
NO, I JUST DIDN'T KNOW IF YOU KNEW.
UM, SO THE S SP ONE SHEET IN THE SET, UM, REFLECTS THE CURRENT SITE PLAN SHOWING WHERE THE GARAGE AND THE GARAGE FACES THE OTHER GARAGE ACROSS THE DRIVEWAY AND IT CENTERED ON THE DRIVEWAY 63 FEET, UM, BACK FROM THE FRONT DOORS, DOORS, A FLOOR LAYOUT THAT MATCHES.
I ALSO HAVE CURRENT PHOTOS OF WHERE IT'S, UH, BEING PROPOSED TO BE BUILT AND YOU CAN SEE IN THESE PHOTOS WHERE IT WOULD BE, AND IT'S, UH, IT'S DISTANCE BETWEEN THE NEIGHBOR AND WHAT CAN BE SEEN FROM WHERE THE GARAGE WILL BE TWO.
SO, WE'LL MARK, HOW MANY PHOTOS ARE THERE? EIGHT.
WE'LL MARK THE EIGHT PHOTOS AS EXHIBIT EIGHT.
WHY, WHY WAS THIS BUILDING SO MUCH MORE FURTHER FORWARD, CLOSER TO THE ROAD THAN YOUR HOUSE? WHY WAS IT NOT LINED UP THE FRONT OF THE HOUSE IN THE FRONT OF THIS GARAGE AT THE SAME AMOUNT OF FEET FROM THE ROAD? I MEAN, THERE'S THREE CAR GARAGE DOORS, LIKE ONE LINES UP WITH THE OTHER GARAGE DOOR.
BUT WHAT'S THE DIFFERENCE IF THE FRONT ONE DID AND THE WHOLE THING WOULD BE SET BACK? I'M JUST CURIOUS TO WHERE SOME OF I WOULD'VE TO CLEAR SOME TREES AND PROPERTY.
THE, THE AREA THAT'S THERE IS OPEN, UH, AND THAT'S WHY I CHOSE IT.
THE PARKING'S DIRECTLY? YEAH, THE, THE DRIVEWAY IS PAVED EXACTLY INTO THAT LOCATION CORRECTLY PARKED TURN BACK.
SO IT'S NATURALLY THE SPOT WHERE THE PROPERTY AND, AND I, I BELIEVE I, I CAN'T EXACTLY QUITE SAY IT, BUT I BELIEVE THERE'S MORE BACKOUT SPACE SO THAT THE, IF THE CAR WERE TO BACK OUT, GO TOWARDS THE REAR YARD, IF THERE'S ENOUGH SPACE FOR THE TIRES TO ROLL ON THE BLACKTOP, IF IT WAS LINED UP, IT PROBABLY YOU'D HAVE ENOUGH INCREASE THE BLACKTOP AREA.
SO WHEN HE AND I SPOKE ON THE PHONE, I, I DID TALK TO HIM ABOUT THAT AND SAY, YOU KNOW, YOU MIGHT WANNA MAKE SURE YOU HAVE ENOUGH SPACE FOR THAT.
SO, SO THAT WAS ONE OF THE, THE CONVERSATIONS THAT HE AND I HAD, UM, ABOUT IT.
AND, AND GENERALLY, YOU KNOW, I THINK WE'VE GOTTEN MOST OF THE TESTIMONY IN THE RECORD THAT WE NORMALLY GET.
YOU KNOW, WE'RE NOT OPERATING A BUSINESS HERE.
YES, IT EXCEEDS THE CAPACITY FOR THE SIZE OF THE LOT, UM, BUT I THINK IT'S GOING TO MATCH THE DWELLING AND IN GENERAL, I DON'T THINK IT'S, YOU KNOW, I THINK IT, IT SATISFIES THE PURPOSES THAT, UM, WE NORMALLY DISCUSS.
SO, YOU KNOW, UNLESS YOU HAVE ANY QUESTIONS, I DON'T NECESSARILY SEE THIS AS PROBLEMATIC.
[01:10:01]
YEAH.BECAUSE IT IS A 50 FOOT SETBACK IN THAT ZONE.
SO IT'S A LITTLE STRANGE THE WAY THE HOUSE IS LAID OUT ON THE LOT.
I DON'T KNOW WHETHER THIS WAS ASKED, BUT THERE WILL BE NO PLUMBING.
UM, IF YOU WANNA STEP TO THE SIDE, I'LL, UH, TAKE A MOTION TO OPEN IT TO THE PUBLIC.
IF ANYONE HERE, UH, FROM THE PUBLIC WISHES TO SPEAK ON THIS APPLICATION, YOU MAY COME FORWARD DOWN TO DO SO.
ALL RIGHT, SIR, BEFORE WE BEGIN, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM AND TELL THE TRUTH? NOTHING BUT THE TRUTH.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
TAKE IT AWAY, LET BOARD KNOWS ABOUT THIS CLAIM.
HE NOTHING BUT A GREAT NEIGHBOR.
UH, HE DID LET US KNOW THAT OBVIOUSLY, YOU KNOW, WE'D BE ABLE TO SEE THIS, UH, BUILDING CUT UP.
HE'S OFFERED SOLUTIONS TO US PLANTING SOME NEW TREES.
WE'VE HAD A LOT OF TREES FALL DOWN BETWEEN OUR PROPERTY, SO WE HAD, WE CAN SEE PROBABLY TOO MUCH OF EACH OTHER.
PUT A GOOD NEIGHBOR THROUGH THIS ENTIRE PROCESS, HE SENT CERTIFIED LETTERS TO ALL THE NEIGHBORS, LETTING HIM KNOW HIS PLAN SO HE'S DOING ALL THE RIGHT THING.
SO FOR US, IT DIRECTLY AFFECTS US BECAUSE WE'LL BE ABLE TO SEE THE HOUSE WHEN, OR THE GARAGE WHEN WE'RE IN THE BACKYARD.
SO HE'S TAKING ALL THE RIGHT STEPS, BEING A GOOD NEIGHBOR TO ENSURE THAT IT'S NOT GONNA BOTHER US AND WE JUST WANT IT TO GO ON RECORD THAT WE DON'T FEEL LIKE THIS, UH, GARAGE IS GONNA BOTHER ANYBODY IN THE NEIGHBORHOOD.
ANYONE ELSE? SEEING NONE HAVE A MOTION TO CLOSE? MOTION.
UM, IF NO ONE FROM THE BOARD HAS ANY ADDITIONAL COMMENTS OR QUESTIONS, I WILL TAKE A MOTION.
I'LL MAKE THE MOTION TO APPROVE.
ARE WE GOOD? IS EVERYBODY GOOD? WHERE I'D LIKE IT.
JAMES BOER, TWO BRADDOCKS MILL ROAD BLOCK 64 0 3 LOT 1 1 5.
SEEING A BULL VARIANCE FOR A SIX FOOT WOODEN PRIVACY FENCE IN THE FRONT YARD.
ALRIGHT SIR, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM TELL THE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND YOU'RE THE OWNER OF THE PROPERTY? ON MY BACK TO YOU, MADAM CHAIR.
TELL US ABOUT YOUR APPLICATION PLEASE.
YEAH, SO I LIVE ON THE CORNER OF FAIRVIEW AND BRADDOCKS MILL WITH MY HOUSE, UH, 100% FACING BRADDOCKS MILL.
SO IF I HAD A NEIGHBOR, THIS WOULD BE A SIDE YARD, BUT BECAUSE I'M ON A CORNER LOT ON FAIRVIEW, IT'S IN MY FRONT YARD.
SO WE ARE JUST LOOKING TO, WE CURRENTLY HAVE A FIVE FOOT, UH, A SPLIT RAIL OR RAIL WIRE FENCE AROUND THE ENTIRE PROPERTY THAT'S BEEN APPROVED.
AND WE ARE LOOKING TO REPLACE JUST THAT ONE SIDE ON FAIRVIEW WITH A SIX FOOT VOID UNFINISHED PRIVACY FENCE WITH NO CONCRETE FOOTINGS BECAUSE IT DOES GO INTO THE WETLAND ABOVE THE LINE.
UM, AS STATED, WE ARE 50 FEET OFF THE ROAD.
SO YEAH, IF THERE WAS A SIDE YARD I THINK WE'D BE OKAY.
BUT BECAUSE IT'S A FRONT YARD IT NEEDS TO BE A HUNDRED FEET BETWEEN US AND THE ROAD.
WE DO HAVE VARIOUS TIMES, UH, OAKS RANDOM BRUSH, UM, BUT WE ARE REQUESTING DEFENSE FOR A FEW REASONS.
ONE IS GENERAL PRIVACY, INTERVIEW'S A BUSY ROAD, AND COMING FROM JACKSON CITY, GRAVELY HOLLOW, WE ARE THE FIRST SPOT WHERE THERE WAS A SHOULDER AND YOU CAN TURN, YOU CAN PULL OVER IF YOU HAVE TO DO SOMETHING.
SO WE CONSTANTLY HAVE BIKERS STOPPING AND TAKING A BREAK OF A DRINK.
WE HAVE, UH, GARBAGE TRUCKS JUST TAKING A BREAK.
WE HAVE PEOPLE GETTING PULLED OVER CONSTANTLY BECAUSE NOBODY GOES TO SPEED LIMIT ON FAIRVIEW.
UM, SO THAT'S REALLY ONE OF THE THINGS.
OBVIOUSLY THE TRAFFIC'S THERE AND WE KNEW THAT WE BOUGHT THE HOUSE HOSPITAL, SO IT'LL HELP HOPEFULLY REDUCE SOME OF THE ROAD NOISE.
UM, THE SECOND IS JUST, UH, SAFETY AND SECURITY.
UH, WE'VE ONLY LIVED HERE FOR A YEAR AND OUR FIRST SUMMER HERE WHERE THEY ACTUALLY HAD A COUPLE KIDS, UH, RIDING THEIR BIKES DOWN FAIRVIEW AND ONE THEM YELLED AT, HE RENT THE POOL, NICE POOL, NEVER GONNA BLAME A KID FOR BEING A KID, BUT IT JUST, IF I COULD TAKE THE TOOL OUT OF VIEW OF THE PUBLIC AND MORE IMPORTANTLY KEEP THE ROAD OUT OF THE VIEW OF MY 2-YEAR-OLD SON, MY DOG AND MY BABY ON THE WAY SO THAT THE TWO KIDS TO WORRY ABOUT,
[01:15:01]
I TAKE WATCH ONE OF 'EM RIGHT NOW.UM, AND THEN, I MEAN, I DON'T THINK IT'S IN A REASONABLE REQUEST.
THERE'S PLENTY OF, UH, SIX FOOT PRICE DEFENSIVE DEPLOYED.
IF YOU GO DOWN JUST THE ROADS BY, I DON'T HAVE SPECIFIC ONES TO FALL OUT, BUT BUCKET ROAD CALLED ROAD, JACKSON ROAD, FAIRVIEW ROAD, SOME OF THOSE ARE BACKYARDS, SO THEY'RE ALLOWED BY ORDINANCE AND SOME OF 'EM ARE FOUR LOTS.
UM, THAT'S REALLY IT FOR THE MOST PART IF THERE'S ANY QUESTIONS.
SO YOU DID SAY THAT YOU WOULD AGREE TO THE FENCE NOT HAVING CONCRETE FOOTING? CORRECT.
UM, AND YOU WOULD AGREE THAT THE FENCE WOULD REMAIN UNFINISHED? YES.
AND THEN I THINK THERE WAS A QUESTION ON WHAT THE MATERIAL WAS.
UM, IT SAYS THAT THE FENCE SPECIFICATION SHEETS, THERE WERE SEVERAL TYPES.
SORRY, I DON'T THINK I PICKED OUT THE TYPE OF FENCE.
I MEAN, IF I HAD TO PICK ONE IT WOULD PROBABLY BE THE, THE AR GEAR BOARD, JUST WOOD FENCE UNFINISHED OR THE TICKET STYLE.
OR WAS IT THE TYPE OF WOOD THAT REQUESTED? I THINK WE WERE JUST LOOKING FOR WHAT THIS TILE WHAT FENCE YOU WERE GONNA PUT THERE.
JUST SO THE BOARD NOTE STANDARD WOOD UNFINISHED, I DUNNO THE EXACTLY WHAT TYPE OF OKAY.
BUT THE MATERIAL WILL BE WOOD AND YOU'RE GONNA LEAVE IT UNFINISHED.
UM, IS THE CURRENT FENCE NOT ON YOUR PROPERTY? LIKE WHAT I THINK WHEN I WAS, AM I MISREADING SOMETHING? I DON'T KNOW WHY THAT'S IN MY NOTES.
THERE'S THERE'S NO FENCE? NO THERE'S A FENCE.
IT'S BASICALLY WHEN YOU LOOK AT THE SURVEY, THE FENCE LOCATION IS THE SAME EXCEPT THAT CURRENTLY THE FENCE IS SEE THROUGH, WHICH IS PERMITTED TO BE LOCATED IN THE FRONT YARD.
UM, AND I DON'T KNOW HOW THE POOL GOT THERE.
I'M ASSUMING THAT WAS A VARIANCE AT SOME POINT.
AND THEN, UM,
UM, BUT THE SIX FOOT FENCE IN THE FRONT YARD, UM, IT'S REQUIRED TO BE OPAQUE.
YOU KNOW, IT'S NOT, NOT PERMITTED TO BE, IT'S NOT PERMITTED TO BE OVER 48 INCHES OR FOUR FEET HEIGHT AND IT HAS TO BE, UM, SEE-THROUGH 50% SEE-THROUGH.
HE'S PROPOSING A SOLID FENCE AT SIX FEET HIGH.
UM, AND WE DO THINK THAT BECAUSE OF THE, THE NATURE OF THE GROWTH OF THE PLANT MATERIAL ON FAIRVIEW ROAD, THAT WOULD BE PROBABLY DIFFICULT TO PLANT UNDER STORAGE SHRUBS WITHOUT NECESSARILY IMPACTING THOSE PLANTS.
UM, I THINK THE GRAY FENCE, BECAUSE IT'S SET BACK WHERE IT'S, IT'S 58 FEET AWAY THAT THE, THE TREES THAT ARE THERE SHOULD, SHOULD DO THE, THE JOB OF PROTECTING, UH, THE VIEW.
AND IF I JUST ADD TO THAT, WHEN YOU'RE DRIVING, YOU REALLY CAN'T SEE TOO MUCH IN THE BACKYARD.
I FEEL LIKE WHEN YOU'RE STOPPED, WE'RE GOING AT LIKE A SLOW SPEED, YOU CAN SEE THROUGH THE LEAVES AND WHATNOT.
IF THERE IS A WAY TO PLANT THINGS THERE AND NOT DISRUPT, I'D BE HAPPY TO, BUT I'M AFRAID YOU MIGHT GET INTO THE ROOTS OF THOSE TREES.
SO HE, HE'S BASICALLY PROPOSING TO BE OVER 50 FEET AWAY FROM THE ROAD PLUS THE PORTION OF THE ROAD THAT'S PROBABLY UNIMPROVED.
HE'S GONNA HAVE, YOU KNOW, A LITTLE MORE DENSITY THERE THEN.
'CAUSE IF YOU SEE THE, THE FAIRVIEW VIEW, THE, THE RIGHT OF WAY IS 66 FEET WIDE.
SO IF IT'S 30 TO 36 FEET SHOULDER TO SHOULDER, I WOULD BE, IT'S A LITTLE WIDER THERE BECAUSE THERE'S A, A DESAL LANE IN FRONT OF THEIR HOUSE.
AND THEN THERE WAS JUST ONE OTHER COMMENT ABOUT, UM, SHEDS.
WELL THAT'S REALLY A POINT OF INFORMATION.
YOU'RE NOT NECESSARILY APPROVING THE SHED.
WE'RE LETTING HIM KNOW THAT THERE'S A SHED IN HIS WETLANDS BUFFER THAT'S NOT ALLOWED TO BE THERE, THAT PLASTIC SHED.
AND SO WHEN YOU COME IN FOR YOUR ZONING PERMIT, YOU'RE GONNA SHOW THE ZONING OFFICER WHERE YOU'RE GONNA PUT THAT SHED AND THEN I THINK WE'RE GOOD.
YEAH, NO, AND JUST TO CLARIFY, SO THAT'S LIKE ONE OF THOSE, UH, SUN OUT DOOR LIKE BOXES.
IT DOESN'T, IT DOESN'T MATTER.
AND I, I'M SORRY TO SAY IT DOESN'T MATTER.
I I DID, I DID TALK TO THE ENGINEER ABOUT IT.
HE SAID YEAH, IT DOESN'T MATTER.
ALL IT HAS IS A BUNCH OF CUCU PLANT THINGS THAT THEY LEFT WHEN, WHEN WE BOUGHT THE HOUSE.
SO PROBABLY GONNA GO THE CURB BULK PICKUP.
DOES ANYONE FROM THE BOARD HAVE ANY QUESTIONS? NO.
DOES SHE OPEN THE SECOND? ALL IN FAVOR? AYE.
IF THERE'S ANYONE FROM THE PUBLIC WHO WISHES TO SPEAK ON THIS APPLICATION, SEEING NONE.
UM, MOTION TO APPROVE SECOND OFFENSE.
[01:20:01]
READY? YEP.GOOD LUCK WITH ON THE OTHER SIDE FENCE.
LOOKS LIKE IT'S, THIS IS HIS PROPERTY LINE FENCE.
UH, ALFRED AND VICTORIA HUMMELL FOR PIN OAK TRAIL BLOCK 30 0 7 BLOCK THREE SEEKING A BULK VARIANCE FOR THE SIDE YARD SETBACK BUILDING CO A BUILDING COVERAGE FOR THE CONSTRUCTION OF AN ADDITION.
YES, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM AND TELL THE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD? NO.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD STARTING WITH YOU MA'AM.
YOU GUYS ARE THE OWNERS OF THE PROPERTY.
ALRIGHT, BACK TO YOU MADAM CHAIR.
TELL US ABOUT YOUR APPLICATION.
SO, SO WE FILLED OUT AN APPLICATION TO ADD AN ADDITION ONTO THE BACK OF OUR HOUSE.
WE HAVE THREE CHILDREN AND CURRENTLY THE TWO GIRLS ARE SHARING A BEDROOM AND IT'S ALREADY STARTING TO GET A LITTLE HAIRY AND THEY'RE ONLY, UH, THREE OF FIVE.
SO WE ARE PROPOSING TO ADD AN ADDITION ON THE BACK AND IT'LL GIVE, UM, OF OUR THREE CHILDREN A THIRD BEDROOM.
SO THAT WAY IT'S NOT TWO BEDROOM, BUT THREE AN OFFICE.
'CAUSE MY DINING ROOM NEEDS MORE SPACE AND THEN A LARGER GREAT ROOM BECAUSE THE CURRENT BEDROOM'S ALSO VERY SMALL.
WE HAVE TO APPLY FOR THE BULK BAR 'CAUSE THE EXISTING CORNER OF OUR HOUSE IS TWO AND A HALF FEET TOO CLOSE.
WHEN THE, WHICH THE NEW CORNER WILL ACTUALLY BE, I BELIEVE THREE AND A HALF FEET FURTHER.
THE, SO WELL THE SIDE YARD SETBACK 30 FEET, OUR EXISTING HOUSE SEVEN AND, AND THE BE 33 AND A HALF FEET.
WE JUST WANNA STAY FLUSHED WITH THE EXHIBITING HOUSE.
AND THE, UM, COLORS AND ARCHITECTURE.
SO WE'RE GONNA DO IDENTICAL ROOF SHINGLES AND IDENTICAL SIDING AND SAME COLORS.
AND DO YOU HAVE TO REMOVE ANY TREES IN ADDITION? NO.
UM, ARE YOU PLANNING ANY ADDITIONAL EXTERIOR LIGHTING? UM, THERE IS ALSO THE OFFICE, THERE'S GONNA BE A LITTLE MAN DOOR SO THAT WHERE KIDS FROM OUR BACKYARD CAN HAVE QUICKER ACCESS TO THE BATHROOM.
AND THERE'S PROBABLY GONNA BE WHAT'S CALLED LIKE A COACH LIGHT AT THE BACK DOOR.
IT'S USUALLY ABOUT FIVE INCHES BY SIX INCHES WITH A SINGLE, SINGLE LIGHT BULB POINTING DOWNWARD.
ARE THEY GONNA BE, UH, IS IT GONNA BE ON A TIMER OR IT'LL BE ON A LIGHT SWITCH.
IT WOULD BE ON THE OFFICE SHUT OFF LIGHT SWITCH.
MS. TAYLOR, DO YOU HAVE ANY, UM, WE WOULD SAY THAT THIS DOES APPLY TO THIS SPECIFIC PIECE OF PROPERTY.
CLEARLY IT'S A NON-CONFORMING STRUCTURE ON, ON A, ON A LOT THAT IS OF SUFFICIENT SIZE.
UM, BUT WE WOULD ALSO SAY THAT, UM, WE DID RECEIVE FROM THE HUMMELS, UH, RECORD THAT THEY REMOVED THE SHED THAT THE, THEY HAD TWO SHEDS ON THE PROPERTY.
SO, UM, NUMBER SEVEN, YOU CAN REMOVE THERE.
THERE DOESN'T NEED TO BE A CONDITION THAT, THAT SHED BE REMOVED.
I JUST WANTED TO MAKE SURE THAT THAT WAS CLEAR FOR THE RECORD.
UM, AND I THINK YOU ASKED FOR EVERYTHING ELSE.
UM, YOU KNOW, GENERALLY SPEAKING, YOU KNOW, WHATCHA GONNA DO.
UM, ANYONE FROM BOARD QUESTIONS? OKAY.
IF THERE'S ANYONE FROM THE PUBLIC WHO WISHES TO SPEAK ON THIS APPLICATION, YOU CAN COME FORWARD NOW AND DO SO.
I'LL ENTERTAIN A MOTION BOARD.
NO, I, I MAKE A MOTION THAT YOU APPROVE THE APPLICATION A SECOND.
VICE-CHAIRMAN RECORDS? AYE CHAIR.
LORETTA MOONEY, 2 72 HOPEWELL ROAD BLOCK 56 0 3.
LOT ONE SEEKING BOTH VARIANCES FOR THE FRONT YARD SETBACK AND BUILDING
[01:25:01]
COVERAGE FOR THE CONSTRUCTION OF A DECK.HI, HOW ARE YOU? CAN YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR OR AFFIRM AND TELL THE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
P-E-N-S-A-B E-N-E-P-E-N-S-S-A-P-E-N-S-A-B-E-N-E.
AND YOUR RELATIONSHIP TO THE APPLICANT? I AM HUSBAND ALSO
TELL US ABOUT YOUR APPLICATION.
HOW ARE YOU DOING? UM, ASKING TO, UH, BUILD A DECK OFF THE BACK OF OUR HOUSE, UM, JUST THERE ABOUT A YEAR AGO.
APPARENTLY IT NEEDS BE 50 FEET FROM TO A LITTLE SIDE ROAD.
UM, THE DECK WILL BE INSIDE OUR FENCE, SO YOU WILL NOT BE ABLE TO SEE IT FROM ANY, OKAY.
UM, ARE YOU PROPOSING ANY EXTERIOR LIGHTING? NO.
AND ARE YOU PLANNING TO CUT ON ANY TREES? NO, YET.
UM, THIS LOOKS LIKE A PRETTY STRAIGHTFORWARD APPLICATION.
MS. TAYLOR, DO YOU HAVE ANY? NO, NOT REALLY.
UNLESS YOU HAVE QUESTIONS? NO.
IF THERE'S ANYONE FROM THE PUBLIC WHO'S HERE AND WISHES TO SPEAK ON THIS APPLICATION, YOU MAY COME FORWARD NOW SEEING NONE TO CLOSE.
I MAKE A MOTION TO APPROVE THE APPLICATION.
CAN I ASK A QUICK QUESTION? YEP.
THE RESOLUTION, THE RESOLUTION WILL BE PREPARED AND GET, WE WILL GET MEMORIALIZED AT THE NEXT MEETING, UM, AT WHICH TIME RECEIVE A COPY OF IT AND GO PULL YOUR PERMIT.
I WOULD START WITH JUST, IT WAS APPROVED
PETER MOODY, 20 20 22 MILL STREET, BLOCK 2 0 1, LOT EIGHT, SEEKING BOTH BEARINGS FOR A CIDER SETBACK AND A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING IN THE HISTORIC DISTRICT.
DO YOU SWEAR OR AFFIRM AND TELL THE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND YOU'RE THE OWNER OF THE PROPERTY, CORRECT? BACK TO YOU, MADAM CHAIR.
TELL US ABOUT YOUR APPLICATION.
UH, WELL IT WASN'T SUPPOSED TO BE A NEW HOUSE.
IT WAS SUPPOSED TO BE A RENOVATION AND THINGS WENT HAYWIRE, SO WE HAD TO DEMO THE HOUSE AND NOW THE NEW STRUCTURE, UH, AND ACTUALLY WE HAD TO GET THE ZONING CHANGED AS WELL.
THAT WAS A WHOLE NOTHER, UM, MESS.
AND, UH, THE PROPERTY IS, UH, IN ORDER TO MEET THE SETBACKS ON THE FRONT AND THE RIGHT, UH, THE BACK REAR CORNER ABOUT 70 FEET AWAY FROM THE ROAD.
UH, IMPIN IS ON THE 15 FOOT SETBACK.
UM, THE, UH, THE CODES ACTUALLY SAY NOTHING LESS THAN SIX DEPENDING ON THE OTHER PROPERTIES IN THE AREA.
AND MANY OF THOSE, ESPECIALLY, I DIDN'T DO MEASUREMENTS, BUT I DO HAVE PICTURES FROM THE FRONT.
UH, HAVE TWO, THREE, MAYBE FOUR FOOT SETBACKS.
SO IT'S, UM, UH, IT'S, IT'S, LIKE I SAID, THAT'S THE WAY IT'S SITUATED WAY BACK IN THE FAR LEFT CORNER, 70 FEET AWAY FROM THE ROAD.
AND WE ALSO HAVE TO DECIDE ON IF THE CERTIFICATE OF APPROPRIATENESS.
SO I THINK THAT WE NEED SOME TESTIMONY AS FAR AS THE, UM, ARCHITECTURAL DESIGNS OKAY.
TO THEY'RE APP APPROPRIATE FOR THE AREA.
SO IF YOU COULD, IF YOU COULD PUT SOME TESTIMONY.
UH, YEAH, I DID, I DID MEET WITH, UM, WITH, UM, UH, WITH SCOTT.
UH, WE DID MAKE SOME ADJUSTMENTS TO THE DESIGN.
UM, ORIGINALLY WE ACTUALLY HAD A SETBACK, SO I WASN'T HITTING, I WASN'T IMPINGING ON SIT BACKS.
WE SPUN IT AROUND, WE GOT RID OF THE GARAGE, IT WAS ON IT.
UM, AND WE CHANGED THE DESIGN TO HAVE A LARGER PORCH, UH, A LARGER REVERSE GABLE IN THE FRONT TO MATCH THE, UH, MANY OF THE, UH, HOUSES IN THE AREA.
THERE IS A, OBVIOUSLY THE, UM, THE, UH, DORMERS HAVE REGULAR GABLE ROOFS AND THEN THAT FRONT PIECE AS WELL.
BUT THERE IS NO GARAGE ANYMORE THAT
[01:30:01]
HAS BEEN TURNED INTO A BONUS ROOM.UH, IT WILL HAVE VINYL SIDING, REGULAR ASPHALT SHINGLES, POSSIBLY SOME METAL ROOFING ON THE, UH, THAT SECONDARY SLOPE ROOF OVER THE PORCH.
UH, WE'RE LOOKING AT A LIGHT GRAY, IF YOU WILL, A LITTLE DARKER THAN MY NEIGHBOR'S SILVER, UH, VINYL SIDING.
MOST OF THE HOUSES ON THE STREET, UH, APPEAR TO BE VINYL SIDING.
THERE IS AN ASBESTOS, ONE OR TWO AND A COUPLE STUCCOS AROUND AS FAR AS THE, UH, AS WELL AS THE, UH, APARTMENT BUILDINGS, WHICH I'M NOT SURE IF THAT'S BRICK OR T ONE 11.
SO I DON'T KNOW IF YOU HAVE IN YOUR PACKET, UH, INITIALLY THE APPLICANT CAME TO US WITH THIS, THIS, UH, BUILDING HERE WITH A GARAGE IN THE FRONT.
CAN YOU, DO YOU HAVE THAT IN YOUR PACKET? I DON'T KNOW THAT YOU DO.
UM, AND SO WHEN, UH, WHEN WE EVALUATED IT BASED ON 8 0 6, WE HAD A CONVERSATION WITH MR. MOODY AND WE REALLY APPRECIATE HIS, UM, HIS PATIENCE AND HIS WILLINGNESS TO LEARN AND HIS WILLINGNESS TO, UH, ACCOMMODATE SOME OF THE, THE QUESTIONS AND THINGS THAT WE REQUESTED.
AND SO WHAT YOU HAVE NOW IS WHAT, UM, HOLIDAY ARCHITECTS PROVIDED, WHICH IS A LITTLE BIT LOWER PROFILE.
THE GARAGE IS BEING USED IN THE, IN THE REAR YARD, THE EXISTING GARAGE.
SO THE HOUSE WAS SHIFTED IN ORDER TO ACCOMMODATE THAT USE.
UM, AND THERE IS NO GARAGE DOOR IN THE FRONT.
SO GENERALLY THAT PART OF TOWN IS LESS, UH, IS A SIMPLER DESIGN THAN THE REMAINDER OF TOWN BECAUSE IT'S WHERE THE GLASS WORKS WAS.
SO MOST OF THOSE HOUSES ARE A LITTLE SMALLER.
UM, AND SO, UM, THIS HOUSE, UH, ACCOMMODATES THAT.
AND IN THE LOCATION THAT IS PROVIDED, IT'S MORE, UM, IN LINE WITH THE REMAINDER OF THE STREET ALONG, ALONG MILL.
AND, UM, WE WOULD RECOMMEND THE VARIANCES BE GRANTED AND THAT THE, UM, THE, IT DOES, UH, A WARRANT, A CERTIFICATE OF APPROPRIATENESS.
SO DOES WE, AND THANK THE APPLICANT FOR HIS, HIS COOPERATION AND, AND HOLIDAY ARCHITECTS TOO.
BOARD MEMBERS, COMMENTS, QUESTIONS? SEEING NONE.
MOTION TO OPEN THIS SECOND TIME JOB.
IF ANYONE, UH, SKIPPED FROM THE PUBLIC THAT WISHES TO SPEAK ON THIS APPLICATION, YOU MAY COME FORWARD, NOT DO SO.
THAT'S THE, UM, ONE, TWO, SIR.
BEFORE YOU BEGIN, NO
GOD, THANK PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND YOUR ADDRESS? UH, 1 26 SOUTH MAIN STREET.
UM, I GUESS, YOU KNOW, THESE COMMENTS REALLY, UH, I GUESS GO TO THIS, UM, THE APPROPRIATENESS.
AND, UM, I SAW THAT IN, UM, THE TAYLOR GROUP, UH, REPORT ON, UH, REFERENCING THE MASTER PLAN TWICE WAS ABOUT, UM, THAT IT HAD, UH, THE, THE LOCATION WAS WITHIN AREA SIX, UH, BULK OF THE HISTORICAL RESOURCES, UM, ARE CONCERNED AROUND THAT AREA.
AND THEN SECOND, THE DWELLING, UH, ITSELF CONTRIBUTED TO THE HISTORY AND CULTURE.
SO, UM, I THINK ACTUALLY IT'S A VERY NICE PROJECT FOR THE SPOT.
I JUST WAS, I, I FOUND IT CURIOUS THAT THERE WAS NO DORMERS, UH, FACING BACK ON THE PARK FOR THE, UH, SECOND FLOOR.
AND, AND YOU'RE, YOU'RE FACING A, A BEAUTIFUL PARK.
SOMETHING I ENJOY LOOKING AT MYSELF AND IF I WAS CLOSER I WOULD WANT TO SEE MORE OF IT.
I'M JUST WONDERING, YOU KNOW, ARCHITECTS DON'T ALWAYS GET EVERYTHING RIGHT.
AND, AND THAT'S A CONTEXT THING.
SO IF THEY'RE NOT REALLY FAMILIAR WITH THE PROPERTY LIKE WE ARE, THEN I THINK IT'S A MISSED OPPORTUNITY TO NOT HAVE DORMERS YES.
THAT FACE BACK OVER THE HOUSE.
UM, I DIDN'T, UH, SEE THAT THERE WAS A CHIMNEY, UH, INDICATED POSITION OR ANYTHING IN THE, UH, PLANNED.
UM, AND UH, I, I ALSO NOTICED THERE WASN'T A, A FRONT PORCH RAILING.
THERE'S POSTS, BUT THERE'S NOT A RAILING AND A PORCH RAILING WOULD BE HISTORICALLY ACCURATE FOR THIS AREA HERE IN THE VILLAGE.
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GOOD LUCK ON YOUR PROJECT, YOUR HONOR.IS THAT ACCURATE? THERE'S, THERE'S JUST POSTS.
SO THE, THE PROBLEM HERE IS THAT WHEN YOU, YOU DEMOLISHED THE OLD HOUSE, SO YOU CAN'T REALLY REPRODUCE WHAT WAS THERE BECAUSE IT ONLY HAD PROBABLY ONE AND A HALF BATHS, IF THAT RIGHT.
AND IT HAD TINY LITTLE CLOSETS, IF ANY.
SO YOU CAN'T REALLY REPRODUCE THAT HOUSE UNLESS YOU'RE WILLING TO LIVE IN A TINY HOUSE.
SO THE, THE LAW BASICALLY GOES ON TO SAY THAT THEN THINGS ARE THEN PRODUCTS OF THEIR OWN TIME.
AND ALL YOU'RE LOOKING TO DO IS SORT OF GET THE MASS INCORRECT AND GET THE, THE REPETITION.
NOW THIS ISN'T A HUNDRED PERCENT SPOT ON, BUT IT'S PRETTY GOOD.
AND, UM, I APPRECIATE THE COMMENT ABOUT THE REAR DORMERS.
I DON'T TALK ABOUT THE BACKYARD.
THE, THE, THE ORDINANCE DOESN'T MAKE ME DO THAT.
NO, THAT'S MR. MOODY'S CHOICE.
IF HE WANTS TO LOOK OUT ON THE CREEK OR NOT.
FROM THE UPPER FLOOR BEDROOM IS UPSTAIRS.
THE, UH, PRIMARY BEDROOM IS DOWNSTAIRS AND HAS SLIDING GLASS DOORS LOOKING OUT BACK, UM, FOUR, FOUR SETS OF SLIDING GLASS DOORS.
SO WE HAVE PLENTY OF VIEW ON THE BACK.
UM, BUT, SO BASICALLY THE, THE CODE WANTS YOU TO, TO, THAT'S WHY THE GARAGE DOORS WENT AWAY AND THAT'S WHY SOME OF THE OTHER THINGS THAT WERE INITIALLY PROPOSED WENT AWAY.
'CAUSE IT REALLY DOESN'T WORK WITH THE REPETITION ALONG THE STREET.
SO WHAT, YOU'RE JUST TRYING TO GET SORT OF A RHYTHM GOING ON THE STREET AND THIS HOUSE SHOULDN'T BREAK THAT RHYTHM.
THAT, THAT'S GENERALLY WHAT WE'RE LOOKING FOR.
IS THAT A HUNDRED PERCENT PERFECT? NO, IT LOOKS NICE.
IT'S GONNA, IT WILL LOOK NICE.
AND HE DOESN'T REALLY NEED RAILS BECAUSE THE LAW DOESN'T MAKE HIM PUT RAILS ON ON THAT.
UM, AND I THINK DOES HAVE A FRONT PORCH RAIL.
I MEAN, NICK, THE GUARD, THE GUARD, WHATEVER YOU WANT.
WELL, IN BETWEEN WHAT I'M LOOKING AT.
BUT THE GARAGE IS REMOVED NOW, SO I DON'T KNOW IF THAT'S, IF IT'S NOT, IF IT'S NOT OVER 18 INCHES, I BELIEVE, I DON'T KNOW, UM, HOW DEEP THAT IS SUPPOSED TO BE.
HOW DEEP IS THE FRONT PORCH SLOPES BACK.
BUT HOW DEEP IS THE FRONT PORCH? HOW WIDE IS THAT? SEVEN FEET.
AND YOU, YOU COULD PUT A RAILING IN IF YOU, YOU KNOW, BUT IT, IT'S NOT OVER 18 INCHES, WHICH IS WHAT WOULD THEN TRIGGER A RAILING BY, BY CODE.
THE HA THE HANDRAIL'S BASED ON RISERS.
SO IF YOU HAVE FOUR RISERS, YOU NEED A HANDRAIL, THEN YOU NEED A GUARD GUARD.
IF IT'S OVER, I THINK IT'S 30 INCHES.
SO, YOU KNOW, WELL STILL AN IMPROVEMENT OVER THE ENCLOSED PORCH THAT WAS THERE.
DID WE EVER CLOSE IT? CLOSE? OH, A MOTION TO CLOSE THE PUBLIC PORTION.
ALL IN FAVOR? LAST CONVERSATIONS.
BOARD, NOBODY HAS ANY OTHER QUESTIONS OR COMMENTS? GO AHEAD WITH THE MOTION.
WILL YOU APPROVE THE APPLICATION? I'LL SECOND THAT.
KEVIN AND DEBRA FANNING, 2 0 1 TOTON BOULEVARD BLOCK 3 7 10 BLOCK FIVE SEEKING BULK VARIANCES FOR THE SIDE AND REAR YARD SETBACKS AND THE BUILDING AND LOT COVERAGE FOR THE CONSTRUCTION OF AN ENC CLOSED SECOND STORY DECK AND THE SIDE YARD SETBACK FOR THE EXISTING SHED.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND VERY LAST STARTING WITH YOU MA'AM.
AND YOU GUYS ARE THE OWNERS OF THE PROPERTY? YES.
TELL US ABOUT YOUR APPLICATION PLEASE.
UH, WE'RE APPLYING TO RECONSTRUCT AN EXISTING TWO STORY PORCH, UH, ATTACHED TO THE BACK OF OUR HOUSE.
UH, WE'VE BEEN THERE FOR 29 YEARS AND THE PORCH IS, THERE'S PROBABLY BUILT DECADES BEFORE THAT.
UH, THE WOOD IS NOW ROTTING IN VERTICAL SUPPORTS, CAUSING THE DEPTH TO SAG BY SEVERAL INCHES FROM WHERE IT'S ATTACHED TO THE HOUSE.
WE'D LIKE TO RECONSTRUCT THE PORCH BEFORE IT BECOMES UNSTABLE.
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UH, ESPECIALLY SINCE IT'S A SUPPORTING PART OF THE ROOF, UH, THE SIZE OF THE PORCH WOULD REMAIN THE SAME, NO BIGGER OR SMALLER.UH, IT'LL BE WHITE VINYL WRAPPED WOOD WITH SCREENING AROUND THE SECOND STORY, WHILE THE DOWNSTAIRS WILL REMAIN OPEN.
THE STYLE AND MATERIALS ARE CONSISTENT WITH OTHER SCREENED PORCHES IN THE NEIGHBORHOOD AND WITH OTHER CONSTRUCTION GOING ON ON THE STREET.
UH, INSTEAD OF FOUR THINNER VERTI, FOUR THINNER VERTICAL SUPPORTS, IT WILL HAVE THREE LARGER, SIX INCH DIAMETER POSTS.
INSTEAD, UH, THE EXISTING LIGHTING ON THE PORCH WOULD GET REINSTALLED AFTER THE OTHER PORCH IS BUILT.
UH, AND IT DOES FAINT FACE DOWNWARD INTO THE YARD.
UH, THE PATIO ON THE GROUND LEVEL BENEATH THE PORCH WOULD REMAIN THE SAME.
UH, ALSO NO TREES WILL BE TAKEN DOWN DURING THIS PROPERTY.
UM, SO IT'S EXISTING AND THEY WANT TO KEEP IT YEAH.
IT'S JUST THAT IT WAS THERE WITHOUT ANY RECORD OF IT BEING THERE.
SO RIGHT NOW, AND YOU KNOW, I MEAN, NOT TO GO TOO MUCH OFF ON A TANGENT, BUT SOMETIMES WE GET PEOPLE COMING IN, THINGS WEREN'T NON-COMPLIANT, BUT THEN AS THE ZONING LAWS CHANGE, THEY'RE, THEY NEED VARIANCES FORM.
SO I I THINK LAKE PINE'S FULL OF THE SECOND STORY PORCH.
I SAY WE OPEN UP TO THE PUBLIC.
NOBODY HAS ANY QUESTIONS? MS. MS. YELLER, WAS THERE ANYTHING ABOUT SHEDS THAT WE NEEDED TO YEAH, THE, THERE IS A SHED.
UM, YOU CAN SEE IT ON YOUR SURVEY WE TALKED ABOUT IN THE LETTER.
WHAT, WHAT IS YOUR PLAN WITH THAT SHED? UH, THE SHED WAS, THE SHED ON THE PLAN FROM THE 1990S WAS THE SHED THAT THE PREVIOUS PEOPLE HAD ON THE PROPERTY.
UM, WHEN WE MOVED IN AFTER A FEW YEARS, WE, THAT THING WAS FALLING DOWN WHEN WE BOUGHT IT.
UH, WE, AFTER A FEW YEARS OF BEING IN THERE, WE TORE IT DOWN AND PUT UP A NEW SHED.
THE MARKERS WERE STILL, UH, AND THE LAWN, YOU KNOW, THE SURVEY STATES, SO I MADE SURE IT WAS PUSHED JUST OVER.
I KNOW THE ORIGINAL PLAN SHOWS IT'S KIND OF COCKEYED ON THE PROPERTY, BUT IT'S PARALLEL TO THE LINE.
NOW, DO YOU KNOW ABOUT HOW FAR AWAY FROM THE LINE IT IS? IT IS, IT IS WITHIN A FOOT.
SO WE COULD JUST TALK ABOUT THAT.
UM, IT, IT REQUIRED TO BE FIVE FEET, RIGHT? FIVE.
AND, AND THE LAKE IS, UH, IF IT WERE FIVE FEET, IT WOULD PROBABLY CLOSE TO FALLING FROM THE LAKE PROPERTY SLOPE FOR THE LAKE DRAINAGE.
AND THAT WAS SOMETHING ELSE I WANTED TO TALK ABOUT.
YOU KNOW, UM, IN OUR STAFF MEETINGS, I, I DID SPEAK TO MR. NALL ABOUT THE COVERAGE AND, AND THAT SORT OF THING.
AND, AND HE'S NOT PARTICULARLY CONCERNED BECAUSE OF ITS LOCATION ON THE LAKE.
UM, THERE, YOU KNOW, IT'S A NATURALLY OCCURRING MM-HMM
SO, UM, THE WATER HAS SOME PLACE TO GO.
I'M JUST TRYING TO SEE WHERE YOU'RE GOING.
UM, AND THEN NOW THERE'S A, A ONE FOOT SET BACK FOR THE SHED.
AND WHEN, WHEN WE REALIZE THAT WE DID CALL THE DEPARTMENT AND SHE TOLD US TO MAKE SURE THAT WE SENT THE LETTERS TO OUR NEIGHBORS AND THE PAPER TO INCLUDE THAT.
SO THAT, THAT IT WAS NOT THE SITUATION.
AND THE ONLY OTHER THING THAT I, I, I JUST WANT TO MAKE SURE THAT YOU UNDERSTAND IS THAT THE WHITE OAKS IN THE FRONT YARD, IF SOMEBODY STARTS PUTTING PORTA-POTTIES ON THEM, IF THEY START PUTTING WOOD ON TOP OF THE ROOT ZONE, IF THEY START COMPACTING THOSE TREES, THEY MAY NOT DO WELL.
SO YOU REALLY WANNA WATCH YOUR CONTRACTOR TO MAKE SURE THAT THEY'RE STAGING AND THAT WHERE THEY'RE WALKING IS OUTSIDE OF THOSE AREAS WHERE THE TREES MAY BE IMPACTED BY THE CONSTRUCTION.
JUST, JUST SO YOU KNOW, 'CAUSE I DON'T, YOU KNOW, TO REPLACE THOSE TREES IS EXPENSIVE.
SO, AND TO TAKE THEM DOWN IS ALSO GOING TO BE, WOULD BE EXPENSIVE.
YOU KNOW, WE'LL PARK AT THE NEIGHBOR
BUT, BUT OUR NEIGHBORS ARE WONDERFUL NEIGHBOR AND THEY'RE OFTEN, UH, IN FLORIDA OR AT THE BEACH.
SO THEY LET US PARK OFTEN IN FRONT OF THEIR HOUSE.
SO WE CAN GO OVER THERE AND LET THEM USE OUR OLD PARK THERE.
UNDERSTAND WHAT YOU'RE SAYING.
[01:45:02]
THE MOTION OPEN.A IF THERE'S ANYONE HERE FROM THE PUBLIC WHO WISHES TO SPEAK ON THIS APPLICATION, YOU WOULD DO SO NOW.
THE ONLY ONE LEFT HERE IS MY FROM ACROSS STREET.
SO ANY MOTION TO APPROVE TO INCLUDE THE SHED MOTION? DO WE NEED TO ADD THE SHED? OH, RIGHT.
AND WE NEED TO ADD THE, UH, THE VARIANCE FOR THE SH THE SETBACK.
SO ADD IN, ADD THAT INTO MY MOTION TO SECOND.
CHRISTOPHER ACTON 2 0 2 ENTON BOULEVARD BLOCK 37 0 6, LOT FIVE.
SEEKING BOTH VARIANCES FOR THE FRONT YARD SETBACK AND EXCEEDING THE BUILDING COVERAGE FOR THE CONSTRUCTION OF A DECK AND PORCH.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
PLEASE STATE YOUR NAME AND YOUR LAST FOR THE RECORD.
YOU'RE THE OWNER OF THE PROPERTY.
TELL US ABOUT YOUR APPLICATION PLEASE.
THIS IS FOR A, UH, DECK PORCH IN OUR BACKYARD.
UM, IT IS TO AFFORD OUR FAMILY PRIVACY.
UM, AND ALSO A PLACE OF SITTING WITHOUT THE EXCESSIVE NOISE FROM THE TRAFFIC ON MONT BOULEVARD.
YOU GUYS ARE FAMILIAR WITH IT.
UM, WE BELIEVE THAT THE VARIANCE, UH, WOULD BE GRANTED WITHOUT DETRIMENT TO OUR NEIGHBORS AS THEIR SUFFICIENT BARRIER BETWEEN THE FENCE THAT WE HAVE, UH, ON ALL, UH, THREE SIDES OF THE BACKYARD.
SIX FOOT FENCE WITH TREES AND BRUSH.
THEY'VE TAKEN PICTURES FROM THE NEIGHBOR'S YARDS.
YOU GUYS SHOULD HAVE AND CAN SEE BACKYARD BASICALLY.
SO, AND I'VE HAD CONVERSATIONS WITH THEM, FOLKS THAT ARE ADJOINING AND WHATEVER YOU DO, GO AHEAD AND DO IT.
UM, I FEEL THAT THE BENEFIT WOULD OUTWEIGH THE DETRIMENT.
UH, AND IN MY HONEST, UH, HUMBLE OPINION, THE VARIANCE ITSELF WOULD NOT BE POTENTIALLY IMPAIR THE, UH, PURPOSE OF ZONING ORDINANCES.
THE STRUCTURE ITSELF WOULD BE, UH, A WOODEN STRUCTURE FOR THE, THE, UH, DECK AND THE PORCH.
UH, THE PORCH WOULD HAVE A SCREEN AS WELL AND THE ROOF WOULD BE ASPHALT TO MATCH THE EXISTING ROOF IN OUR HOUSE.
AND THEN THERE'S ONLY ONE TREE THAT'S, UH, RELEVANT TO THE, UH, TO THE PROPOSED SITE.
WE'RE BUILDING GROUND, UH, AND OUR ATTENTION IS TO NOT DAMAGE ANY TREE PROCESS AND THERE'S NO CURRENT PLANS TO HAVE OR REDUCE THE EXISTING
THANK YOU FOR GOING THROUGH THE LETTER.
YOU LEARNED WHILE YOU WERE HERE
MS. TAYLOR, DO YOU HAVE ANY ADDITIONAL? I DO.
THIS IS ONE OF MY FAVORITE HOUSES IN MEDFORD.
UM, CAN I HAVE A MOTION TO OPEN IT TO THE PUBLIC? I'LL MAKE THAT MOTION.
IF ANYONE IS HERE FROM THE PUBLIC THAT WISHES ON THIS APPLICATION, YOU CAN COME FORWARD NOW AND TO DO SO.
AYE MAN, YOU GUYS ARE AGGRESSIVE.
I MAKE A MOTION TO APPROVE THE ROLL CALL.
WE CAN HAVE A MOTION TO ADJOURN.