[I. OPENING STATEMENT] [00:00:09] ZONING BOARD, MONTGOMERY TOWNSHIP, SOMERSET COUNTY, NEW JERSEY. THIS IS OUR REGULAR MEETING SCHEDULED FOR SEPTEMBER 25TH, 2025 AT 7 P.M. IT'S THE ZONING BOARD'S INTENTION TO CONCLUDE THIS MEETING NO LATER THAN 10 P.M. UNDER THE PROVISIONS OF THE OPEN PUBLIC MEETINGS ACT, NOTICE OF THE TIME AND PLACE OF THIS MEETING HAS BEEN POSTED AND SENT TO THE OFFICIALLY DESIGNATED NEWSPAPERS. MATTHEW, CAN YOU CALL THE ROLL, PLEASE? BLODGETT HERE. ROSENTHAL HERE. HERE. LAZOVSKY HERE. BRUNS HERE. WALMART HERE. WOULD. URBANSKI. SHAH. MAIDA. DELANTY HERE. DRILL HERE. RODRIGUEZ. BARTOLONE. LONG. ALL RIGHT. GREAT. AND? AND MR. SHAW IS EXCUSED. HE LET ME KNOW. EVERYBODY RAISED TO PLEDGE ALLEGIANCE. PLEDGE ALLEGIANCE? ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ALL RIGHT. AS NORMAL. WE'LL OPEN UP THE MEETING WITH ANY PUBLIC COMMENTS, AND I'LL REMIND THE PUBLIC, THESE ARE COMMENTS FOR ITEMS THAT ARE NOT ON TODAY'S AGENDA. SO IF THERE'S AN ITEM ON THE AGENDA, IT CAN'T BE SPOKEN OF IN THE COMMENT [V. RESOLUTIONS ] SECTION. ARE THERE ANY COMMENTS FROM THE PUBLIC? I DON'T THINK SO. THERE NORMALLY IS NOT. ALRIGHT, FIRST IS CASE BA TAK ZERO ONE TAK TWO FIVE. THE APPLICANT IS PROVINCE LINE ROAD LLC. THIS IS BLOCK 24 001 LOT 38 COMMONLY KNOWN AS 441 PROVINCE LINE ROAD. THIS WAS BULK VARIANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING ON AN UNDERSIZED LOT. MR. GO AHEAD. YOU DON'T HAVE ANY. YOU WANT TO ADD TO THAT RESOLUTION? I WAS ABOUT TO CALL FOR A MOTION TO MEMORIALIZE. OKAY. IS THERE A MOTION TO MEMORIALIZE? SO MOVED. THANK YOU, MR. WALMART. AND MR. WOOD, COULD I GET A ROLL CALL, PLEASE? ABU SAHIB? YES. WALMART? YES. WOOD. YES. SHAH. MEHTA. YES. DELANTY. YES. BLODGETT. YES. THANK YOU, MR. FERNAND. YOU DO. WE BEAT BOTH OF THESE TO DEATH. SO YES, WE DID LISTEN, RIGHT? SHOW UP AND THEN SOMETHING HAPPENED. OKAY, GREAT. FAIR ENOUGH. THANK YOU. CASE BA TEX ZERO THREE, TECH TWO FOUR. THE APPLICANT WAS AG HOMEBUILDERS BLOCK 4009, LOT ONE, COMMONLY KNOWN AS 323 BELLE MEAD ROAD AND BELLE MEAD. BULK VARIANCE FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING ON AN UNDERSIZED LOT. THANK YOU, MR. FERNAND. CAN I GET A MOTION TO MEMORIALIZE? I MOVE TO MEMORIALIZE. THANKS, MISS WAZOWSKI. SECOND, MISS ROSENTHAL, I GET A ROLL CALL. PLEASE. BLAZAWSKI. YES. ROSENTHAL. YES. WOOD. YES. URBANSKI. YES. DELANTY. YES. [VI. APPLICATION] ALRIGHT. HAVE A NICE NIGHT. THANK YOU, MR. FERNAND. THANK YOU. ALRIGHT, NOW, THE APPLICATION FOR THIS EVENING. IT'S CASE BA TEX 0225. THE APPLICANT IS TWO ACORN REVOCABLE LIVING TRUST BLOCK 15 025. LOT TWO, ALSO KNOWN AS 37 ACORN DRIVE. THIS IS A BULK VARIANCE TO PERMIT A FOUR FOOT FENCE ON TOP OF A FOUR FOOT RETAINING WALL AROUND A SWIMMING POOL, WHERE THE PERMITTED FENCE HEIGHT IS SIX FEET. THE EXPIRATION DATE OF THE APPLICATION IS NOVEMBER 25TH, 2025. AFFIDAVIT OF NOTIFICATION OF PUBLICATION WAS REQUIRED AND I PRESUME THERE'LL BE AN ORDER. YES. ALRIGHT, GREAT. COUNCIL FOR THE RECORD, GARY FAULKNER HERE ON BEHALF OF THE APPLICANT TO ACORN REVOCABLE LIVING TRUST. AND SO AS NOT TO TOTALLY CONFUSE YOU, THE ACTUAL ADDRESS OF THE PROPERTY IS 37 ACORN DRIVE. NOTWITHSTANDING THE NAME OF THE TRUST, THIS IS AN APPLICATION WITH A LITTLE BIT OF HISTORY PREVIOUSLY BEEN BEFORE THIS BOARD, AND A NUMBER OF VARIANCES HAVE BEEN GRANTED IN 2021 FOR THIS PROPERTY. THOSE VARIANCES INCLUDE LOT DEPTH, FRONT YARD SETBACK, NON-CRITICAL AREAS, LOT CIRCLE DIAMETER, STEEP SLOPES, AND SEVERAL DESIGN EXCEPTIONS AS WELL. THOSE HAVE ALL BEEN GRANTED IN THE COURSE OF THE INTERVENING TIME. JUST TO GIVE YOU SOME CONTEXT, THERE WAS ONLY REALLY TWO MINOR ISSUES THAT WERE BEFORE, BUT I'LL GET TO THAT IN JUST A SECOND. BUT JUST TO GIVE YOU SOME CONTEXT, IN THE INTERVENING TIME FRAME, [00:05:04] THERE HAVE BEEN SOME CHANGES TO THE ORIGINAL PLAN. NONE OF THOSE WITH, AGAIN, WITH THE TWO EXCEPTIONS THAT I'LL MENTION IN A SECOND, REQUIRE ANY RELIEF OR ANY ACTION FROM THIS BOARD BECAUSE THEY DON'T EXACERBATE OR IN ANY WAY AFFECT THE VARIANCE THAT PREVIOUSLY BEEN GRANTED, AND THEY DON'T REQUIRE CREATE ANY ADDITIONAL VARIANCES. WE'RE HERE FOR TWO MATTERS. THE HEIGHT OF THE FENCE, WHICH IS A TECHNICAL MATTER BECAUSE ON THE THERE'S A RETAINING WALL THAT'S FOUR FEET ON THE ONE SIDE. THE RETAINING WALL IS FOUR FEET, THE OTHER SIDE IT'S AT GRADE. BUT BECAUSE THE FENCE FOR THE POOL, THERE'S A FOUR FOOT MINIMUM FENCE REQUIRED FOR A POOL. BUT BECAUSE IT'S A SLOW DOWN OKAY, OKAY. SLOW DOWN A LOT OF CAFFEINE TODAY. SO FORGIVE ME. SO STEVE C VARIANCE. ACCORDING TO THE ENGINEER'S REPORT, THERE ARE TWO FENCE VARIANCES REQUIRED. THEY'RE THE SAME THINGS. BUT YES OKAY SO NICE AND SLOW. THE THE FIRST FENCE VARIANCE IS FROM ORDINANCE SECTION. WHAT FOR WHAT 16 DASH 5.3 B AND 16 DASH 5.15 B. AND THEY BOTH RELATE TO THE FENCE. THE FENCE IS ATOP A RETAINING WALL. SO THE RETAINING WALL, OBVIOUSLY BECAUSE OF THE GRADE OF THE PROPERTY, BUT BECAUSE ON THE SIDE THAT FACES AWAY FROM THE POOL, THERE'S A FOUR FOOT RETAINING WALL. THE FACE OF THE RETAINING WALL ON THE POOL SIDE, THE RETAINING WALL IS AT GRADE. SO IN ORDER TO HAVE THE FOUR FOOT THAT BUILDING CODE REQUIRES FOR THAT FENCE, WE'RE ADDING THE ADDITIONAL FOUR FEET. BUT BECAUSE ON THE SIDE OF THE RETAINING WALL THAT FACES AWAY FROM THE PROPERTY TOWARDS THE OPEN SPACE, SO NO ONE FROM THE PUBLIC IS GOING TO SEE IT, IT IS TECHNICALLY EIGHT FEET. AND THEREFORE WE'RE GOING TO ASK FOR FOR THAT RELIEF. IN ADDITION, ONE OF THE ITEMS THAT WAS IDENTIFIED IN THE REPORT FROM ONE OF YOUR PROFESSIONALS IS SOMETHING THAT PREVIOUSLY WAS ON THE PLAN BEFORE THIS BOARD. THERE IS A REQUIREMENT IN YOUR ORDINANCE THAT THERE BE A 20 FOOT SETBACK FROM ANY DEED RESTRICTED AREA. IN THIS CASE, THE CONSERVATION DEED RESTRICTION FOR THE ENVIRONMENTALLY SENSITIVE AREAS ON THE PROPERTY. ANY STRUCTURE, THE FOUNDATION OF ANY STRUCTURE HAS TO BE 20FT AWAY AND OURS IS WHAT IS IT 15.8FT AWAY, I THINK IS IS WE NEED A VARIANCE OF A LITTLE BIT MORE THAN FOUR FEET. THE STRUCTURE WAS ORIGINALLY ON THE PLAN. THE ONLY REASON WE'RE ASKING FOR IT NOW IS BECAUSE IT'S BEEN IDENTIFIED. SO WE'RE GOING TO ASK YOU TO BLESS THE VARIANCE FOR THE IMPROVEMENTS THAT WERE ALREADY THERE. THAT POOL HOUSE IS AN OPEN AIR POOL HOUSE. SO THE ONLY VARIANCE THAT'S REALLY REQUIRED IS FOR THE ROOF OF WHAT'S EFFECTIVELY A GAZEBO LIKE STRUCTURE. BUT THAT WAS EXISTING ON THE PLANS. IT JUST AGAIN, IT WASN'T CALLED OUT PREVIOUSLY AS A VARIANCE. SO WE'RE GOING TO ASK YOU AS A TECHNICAL MATTER TO TO GRANT THAT VARIANCE SO THAT WE CLEAN UP THAT PARTICULAR ISSUE. THE ROOF OF THE OPEN AIR POOL HOUSE IS HOW MANY FEET FROM THE CONSERVATION EASEMENT. YOU KNOW WHAT THAT NUMBER IS, DAVE? WE'LL SWEAR YOU IN AFTER TO CONFIRM. DOES THIS GIVE ME THE NUMBER? I'LL TELL YOU WHAT. I'M GOING TO LEAVE A BLANK. AFTER WE SWEAR YOU IN, YOU'LL GIVE ME THE NUMBER. THAT'LL BE. THAT'S FAIR. AND BY THE WAY, FOR THE RECORD, MR. DRILL, I'D ASK THAT THE DOCUMENTS SUBMITTED IN SUPPORT OF THIS APPLICATION BE DEEMED TO BE PART OF THE RECORD THIS EVENING. YEAH. MY ADVICE TO THE BOARD IS THEY'RE PART OF THE RECORD. ALSO, THE BOARD OFFICE REVIEWED THE CERTIFIEDS ON THE 200 FOOT LIST AND FOUND THEM ACCEPTABLE. CORRECT? YES. AND I REVIEWED THE CONTENT OF THE NOTICE AND IT HAD A CATCH. ALL THAT, IN MY OPINION, PICKS UP THIS ADDITIONAL VARIANCE THAT THE ENGINEER PICKED UP IN THE SEPTEMBER 23RD MEMO. SO IN MY OPINION, THE BOARD HAS PROCEDURAL JURISDICTION OVER THE APPLICATION. OKAY. SO WITH THAT SAID, WITH THAT, LET ME GET EVERYONE SWORN IN. LET'S GET YOUR EXPERT SWORN IN. LET'S GET THE BOARD'S THREE EXPERTS SWORN IN. SO EVERYONE STAND UP. EVERYONE RAISE YOUR RIGHT HAND. EVERYONE SWEAR OR AFFIRM THE TESTIMONY YOU'RE GOING TO GIVE IN. THIS MATTER WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH I DO, YES, I DO, I DO. OKAY. AND FOR THE RECORD, CAN YOU IDENTIFY YOURSELF AND GIVE YOUR RELATIONSHIP TO THE APPLICANT OR THE BOARD, AS THE CASE MAY BE? DAVID J. SCHMIDT, PROFESSIONAL ENGINEER I'M THE APPLICANT'S ENGINEER. I'M PROFESSIONAL LICENSED ENGINEER, STATE OF NEW JERSEY. OH, SORRY. PROFESSIONAL PLANNER FOR. YOU'RE THE BOARD'S PLANNING EXPERT. YES. JACKIE LONG, BOARDS ENGINEER. WITH YOU BOTH. THE BOARD'S LANDSCAPE EXPERT. OKAY. THANK YOU. SO, JUST BY WAY OF CONTEXT, YOU KNOW, AS I SAID, WHAT WE'RE ASKING FOR HERE THIS EVENING IS, IS JUST THOSE TECHNICAL VARIANCES I'M GOING TO. SO YOU HAVE A LITTLE BIT MORE OF A FULSOME UNDERSTANDING OF THE APPLICATION. I'VE ASKED DAVE TO JUST GIVE YOU A VERY BRIEF DESCRIPTION OF WHAT'S PREVIOUSLY BEEN BUILT. THE HOUSE THAT'S THERE IS UNDER CONSTRUCTION. RIGHT. JUST GO SLOW, OKAY. THAT'S A CHALLENGE FOR ME. BUT I WILL DO MY BEST. [00:10:03] AS I ALWAYS SAY, AS AN ATTORNEY, I CAN'T SAY FEWER WORDS, BUT I CAN SAY THEM FASTER. SO YOU'RE CHALLENGING, I'M TELLING YOU, SAM. SLOWER. OKAY? BECAUSE SOME OF US. RIGHT. UNLESS YOU WANT TO ORDER A TRANSCRIPT FOR ME TO DO A RESOLUTION, IF YOU WANT TO DO MY NOTES, GO SLOW. THANK YOU. SO, DAVE, JUST FOR THE RECORD, CAN YOU PLEASE BRIEFLY DESCRIBE YOUR EDUCATIONAL PROFESSIONAL BACKGROUND? BOY, I'M A PROFESSIONAL ENGINEER, STATE OF NEW JERSEY. I'VE BEEN LICENSED AS AN ENGINEER PROFESSIONAL FOR OVER 30 YEARS. I'VE WORKED AT VAN CLEAVE FOR TEN YEARS, FROM 1986 TO 96, AND THEN FROM 96 TO CURRENTLY HAVE MY OWN ENGINEERING PRACTICE AT DS ENGINEERING. I'M STILL CERTIFIED AS A PROFESSIONAL ENGINEER, AND I'VE TESTIFIED IN FRONT OF THIS BOARD, PLANNING BOARD AND ALL THE BOARDS. YOU'VE BEEN ACCEPTED AS AN ENGINEERING EXPERT BEFORE THIS BOARD ON A NUMBER OF OCCASIONS. IS THAT CORRECT? THAT IS CORRECT. AND WE'LL ACCEPT THEM NOW. YEAH. THANK YOU. DAVE, IF YOU WOULD PLEASE DESCRIBE THE PLAN. THAT IS BEFORE. AND I'M DISTINGUISHING THE PLAN FROM THE APPLICATION THAT'S BEFORE THE BOARD THIS EVENING. OKAY. WELL WE HAVE A PROPERTY. ON 37 ACORN DRIVE. IT'S LOT TWO BLOCK 15 025. IT IS 3.439 ACRES. IT'S IN THE R2 ZONE. WE HAVE ABOUT 740 740.35FT OF FRONTAGE. IF YOU LOOK AT THE PLANS THAT'S ON THE BOARD, IT HAS AN INCREDIBLE AMOUNT OF FRONTAGE ON THE PROPERTY AND THE PROPERTY IS DEVELOPED AND ISOLATED IN ABOUT ONE THIRD OF THE PROPERTY, AS THE OTHER TWO THIRDS OF THE PROPERTY IS CONTAINED IN A CONSERVATION EASEMENT. SO WE ARE ARE TRIMMED DOWN ON WHAT WE COULD USE AND TO SIZABLE AREA, THE AREA DISTURBANCE THAT WE'RE DISTURBING ON THIS PROPERTY IS 35,600FT■!S, AND WE'RE TRYING TO PUT AN IN-GROUND POOL NECESSARY INTO THIS TIGHT AREA. AS GARY HAS WENT INTO. WE'RE TRYING TO WE'RE SEEKING VARIANCE APPROVAL TO CONSTRUCT A 13 BY 21 POOL HOUSE, A RESIDENTIAL SWIMMING POOL, SWIMMING POOL FENCE, RETAINING WALL FOUR FEET HIGH WITH A FOUR FOOT FENCE ATOP THE WALL. AS GARY POINTED OUT, I'M GOING TO GO TO. AN EXHIBIT I PREPARED. I'M NOT YET. THERE'S AN EXHIBIT YOU PREPARED OR IS THIS IN THE BOARD PACKAGE? THIS IS PART OF THE BOARD PACKAGE, RIGHT? GREAT. OKAY, THIS IS SHEET TWO. IF YOU LOOK IN THE CENTER OF THE DRAWING, YOU'LL SEE THE SWIMMING POOL THAT'S IN THE REAR OF THE POOL HOUSE. WE HAVE A, A DARK SHADED LINE WHICH IS ACTUALLY THE RETAINING WALL. AND WE'RE PROPOSING TO PUT IN IS ON TOP OF THAT. WE'RE PUTTING A FOUR FOOT FENCE. AS YOU CAN SEE ON THE DRAWING, WE HAVE A FOOTING, A RETAINING WALL DETAIL THAT'S LOCATED ON THE FAR RIGHT OF THE DRAWING. AND THEN WE HAVE THE FENCE THAT WE'RE PUTTING ON TOP OF IT, WHICH IS FOUR FEET. OKAY. AS WE MENTIONED, THIS IS THE PROPERTY, ACORN DRIVE. THIS IS THE VICINITY MAP, WHICH ALSO WAS PART OF THE APPLICATION PACKAGE. AND THIS AREA RIGHT HERE IS WHERE THE HOUSE IS BEING CONSTRUCTED. AS YOU CAN SEE, THERE'S A SIGNIFICANT AMOUNT OF WOODS THAT'S LOCATED IN THAT AREA THAT SCREENS THE PROPOSED RETAINING WALL. AND THEN YOU HAVE LOT ONE IN BLOCK 15 025. THAT IS A LONG SHAPED PROPERTY. THIS AREA RIGHT HERE IS ALSO WOODED. I TOOK SOME PHOTOS. THIS WOULD BE AN EXHIBIT ONE. AND I HAVE PAPER PRINTS FOR IF YOU WANT I'LL DISTRIBUTE THEM. AND THAT'S ONE. ONE. YOU WANT TO MARK THIS? YEAH. HOW MANY HOW MANY PHOTOS DOES HE HAVE? I JUST HAVE TWO. OKAY A1 AND A2. AND THEN YOU'LL DESCRIBE A1 AND A2. AND DID YOU TAKE THESE I TOOK THESE AUGUST 8TH OKAY. SO I'M ON FIELD FIELDCREST I'VE IN THE VICINITY OF WHERE THE, THE THE THE POOL AND THE STRUCTURES WILL BE LOCATED BEHIND. AND AS YOU CAN SEE, IT'S A VERY HEAVILY DENSE VEGETATION. JUST FOR THE RECORD, I'VE MARKED THEM BOTH A1 AND A2 RESPECTIVELY, AND I'VE DATED THEM TODAY AS WELL. GREAT. CAN YOU JUST HAND THEM UP OVER HERE? IT ACTUALLY, DOES ANYONE WANT TO SEE THEM BECAUSE THEY'RE UP ON THE BOARD. IF YOU DON'T WANT TO SEE THEM, GIVE THEM TO ME. AND AFTER THE HEARING, WHATEVER DO YOU GUYS HAVE WHAT HE HAS UP ON THE BOARD? YES. OKAY. CAN YOU PRINT OUT A COPY OF THOSE [00:15:02] FOR YOURSELF AND MARK IT A1 AND A2? YEP. I'M GOING TO KEEP THESE FOR MY FILE. SO FROM FIELDCREST LOOKING TOWARD WHERE THE POOL, THE POOL HOUSE AND WHERE THE RETAINING WALL IS, YOU CAN SEE THERE'S A SIZABLE VEGETATION. GO BACK TO. SO WE'RE ABOUT 160FT FROM OUR PROPERTY LINE, AND THEN WE HAVE ABOUT ANOTHER 100FT TO THE ROAD. AND IT THIS WHOLE AREA IS IN A CONSERVATION EASEMENT. AND THAT'S THE AREA THAT WE'RE SHOWING THAT WAS WOODED, THAT IS WOODED. SO THERE'S PLENTY OF SIGNIFICANT AMOUNT OF VEGETATION OUT THERE TO OBSCURE THE LOOK OF THE, OF THE POOL HOUSE AND THE POOL AND THE RETAINING WALL. I SUGGESTED WE COULD SHIELD THE WALL WITH VEGETATION WITH LIKE A GREEN GIANT ARBORVITAE, OR AS RECOMMENDED IN THE ENVIRONMENTAL COMMISSION MEMORANDUM, AMERICAN HOLLY, SWEET PEPPER BUSH OR BLACK HALL OR ARROWWOOD VIBURNUM. WE COULD ADD THAT INTO THE WALL. SO TO BE CLEAR, IT'S GOING TO BE ON THE PORTION OF THE WALL FACING THE PROPERTY LINE. CORRECT. SO IN BETWEEN THIS AREA RIGHT HERE, I COULD PLANT A JUST FOR THE RECORD, THE DATE OF THAT ENVIRONMENTAL COMMISSION REPORT. I'LL GET IT FOR YOU IN JUST A SECOND. AND WHILE THEY'RE DOING THAT, DOES MR. BARTOLONE AGREE WITH THE ENVIRONMENTAL COMMISSION'S SUGGESTION ON THE TYPE OF SCREENING OF THAT WALL, OR DO YOU HAVE A BETTER IDEA? GOT IT, I GOT IT, OKAY. MY PREFERENCE WOULD BE FOR AN EVERGREEN SCREEN. THE HOLLIES ARE NATIVE, BUT THEY'RE VERY SLOW AND THE GREEN GIANTS ARE READILY AVAILABLE. WE CAN GET THEM AT EIGHT FEET RIGHT AWAY. SO YOUR SUGGESTION IS GREEN GIANT? YES. WHAT'S THE APPLICANT SAY ABOUT THAT? THAT WAS ACTUALLY MY PROPOSAL BECAUSE I LIKE THE GREEN GIANT GOING TO HAVE TO DECIDE IF YOU'RE GOING WITH GREEN GIANT OR WHAT. DID THE ENVIRONMENTAL COMMISSION RECOMMEND? BURNHAM WAS ONE OF THE SUGGESTIONS. AMERICAN HOLLY, SWEET PEPPERBUSH. BLACK. HALL ARROWWOOD. VIBURNUM. IT'S YOUR PROPERTY, RIGHT? YES. WHAT WOULD YOU WANT? SOME WOODED AREA. IT DOESN'T REALLY MATTER. YOU HAVE A PROBLEM WITH GREEN GIANT? THEY'RE THE EASIEST TO GROW. GREAT. DOES ANYONE ON THE BOARD HAVE A PROBLEM WITH GREEN GIANT? GREEN GIANT? IT IS. WE'LL MAKE IT AS. MAKE IT AS, YOU KNOW, AS FLEXIBLE AS POSSIBLE FOR WHATEVER THE ENVIRONMENTAL COMMISSION. OKAY. OKAY. NOW WE HAVE ANOTHER EXHIBIT. OKAY. ALREADY SUBMITTED OR YOU HAVE ANOTHER ONE TO MARK. IS THIS THIS IS PART OF THE ORIGINAL PLAN. IT'S PART OF THE ORIGINAL PLAN. BUT I, I DREW STUFF ON IT OKAY. SO I'M GOING TO MARK THREE THREE. THIS IS A PLAN ENTITLED EXHIBIT EXHIBIT PLAN FOR CONSERVATION RESTRICTED AREA VARIANCE. AND IT'S DATED JULY 2ND, 2025. AND YOU'RE GOING TO PUT THAT ONE UP ON THE SCREEN. IT'S ON. DO YOU HAVE THIS EXHIBIT A3 TO PUT UP ON THAT IS UP ON THE SCREEN OKAY OKAY OKAY. AND HOW WAS THIS DIFFERENT OR WHAT DOES IT SHOW THAT THE PLAN DOESN'T SHOW THE DIMENSION. SO WE MENTIONED THAT THE RELIEF THAT WE'RE ASKING FOR IS WAS WAS FOR STRUCTURES THAT WERE ORIGINALLY SHOWN ON THE PLAN, BUT IT CALLED OUT THAT THE SETBACK VARIANCE. DAVE HAS SHOWN THAT ON THIS PLAN. OKAY, OKAY. SO NOW WE HAVE THE ENGINEERS HERE. OKAY. SO YOU'RE SAYING THAT TO ANSWER MY QUESTION FROM BEFORE, IT'S HOW MANY FEET FROM THE CONSERVATION EASEMENT I SEE SOMETHING IN RED THAT SAYS 12.6FT AND SOMETHING IN BLACK THAT SAYS 15.8FT, 15.8. I JUST WANT TO MAKE SURE WE GET MY UNDERSTANDING OF THE DEFINITION CORRECT WITH THE PLANNER AND WITH THE ENGINEER. TO ME, I BELIEVE WE'RE SEEKING A 15.8FT VARIANCE BECAUSE IT'S MEASURED FROM THE CRITICAL AREA TO THE FOUNDATION OF THE BUILDING. THE STEPS IS THE OTHER DIMENSION. IT DOES NOT HAVE A ROOF. AND THEREFORE I DON'T BELIEVE THAT'S WHAT YOU MEASURED TO. I BELIEVE THE WAY I INTERPRETED IT IS 15FT FROM A FOUNDATION. IT LITERALLY SAYS BETWEEN THE FOUNDATION OF ANY BUILDING AND ANY CRITICAL AREA, CONSERVATION EASEMENT AREAS AND OR CONSERVATION DEED RESTRICTION AREAS. SO IT WOULD BE, IN MY OPINION AS WELL, THAT IT'S A 15.8FT. SO WE'RE ASKING FOR A VARIANCE OF 4.2FT. AND UNDERNEATH THE DEFINITION RIGHT. WHY DON'T WE ASK. BECAUSE IT CAME UP IN THE ENGINEER'S REPORT. WHY DON'T WE ASK FOR AN OPINION FROM THERE? SURE. MY UNDERSTANDING IS THAT THE DEFINITION IS THE SAME AS THEIR PROFESSIONALS, THAT IT'S TO THE FOUNDATION OF ANY BUILDING WHICH WOULD WHICH WOULD BE THE [00:20:01] 15.8. AND DO YOU CONCUR? YES, I DO CONCUR. OKAY. ALL RIGHT. SO THAT'S WHY I ACTUALLY HAD A SPECIFIC EXHIBIT SO THAT WE COULD HAVE EVERYONE IN AGREEMENT. SO WE ARE ASKING FOR 15.8FT IS THE DISTANCE. AND WE'LL ASK FOR 4.2 VARIANCE FROM THE CRITICAL AREAS. THE VARIANCE WE'RE SEEKING TONIGHT. AND AGAIN TO BE CLEAR THAT WAS ORIGINALLY ON THE PLAN. IT JUST WAS NEVER CALLED OUT AS A VARIANCE CORRECT. OKAY. AS GARY POINTED OUT, COULD YOU JUST GO BACK TO THAT LAST EXHIBIT? I WANT TO ASK YOU ONE QUESTION. JUST TO BE CLEAR, THE THE GAZEBO, THE POOL HOUSE, IT LINES UP WITH THE HOUSE THAT'S THERE. IT LINES UP WITH THE EXISTING GARAGE, THE GARAGE THAT'S UNDER CONSTRUCTION. OKAY. SO THERE THERE'S A STRAIGHT LINEAR LINE BETWEEN THE END OF THE HOUSE AND THE POOL HOUSE. END OF THE GARAGE IN THE POOL HOUSE. CORRECT. THANK YOU. OKAY. AS GARY POINTED OUT THAT THE THIS POOL HOUSE IS I'M STRUGGLING HERE WITH THE. IS OPENED ON ALL FOUR SIDES. THE GARAGE UNDER CONSTRUCTION IS ATTACHED TO THE HOUSE OR IS IT DETACHED? IT'S DETACHED, BUT A BREEZEWAY ATTACHES IT. THEREFORE IT IS ATTACHED. IT DETACHED BECAUSE IT'S ATTACHED BECAUSE OF THE BREEZEWAY. IS THE CORRECT ANSWER RIGHT? THAT'S CORRECT. SO THE EDGE OF THE OPEN AIR POOL HOUSE ROOF LINES UP WITH THE GARAGE UNDER CONSTRUCTION, WHICH IS ATTACHED TO THE PRIMARY DWELLING, CORRECT? YES, VIA A BREEZEWAY. GOT IT. THANK YOU. OKAY. AND IN VIEW TO COPY ONE, THIS IS THE, THE THE ARCHITECTURAL PLANS THAT WERE SUBMITTED AS PART OF THE RECORD. YOU CAN SEE ON THE COVER SHEET THAT THE, THE GARAGE AND THE VIEW THAT'S ON THE RIGHT BOTTOM HAND CORNER IS AN OPEN AREA BASICALLY IS A GAZEBO FOR PEOPLE TO SIT UNDER THERE WHILE THEY'RE USING THE POOL. MORE OR LESS LIKE A PORCH. I JUST HAVE IS THAT IS THAT ACTUALLY WHY CALLING IT? ISN'T THAT A PORCH? IT COULD BE CONSIDERED A PORCH, BUT A PORCH HAS A ROOF AND THEREFORE IT'S A BUILDING. SO. OKAY, ANYTHING YOU PUT A ROOF ON IS A BUILDING. I THINK IF YOU LOOK AT THE DEFINITION, THE ORDINANCE AND FAIRNESS, IT WOULD REFER TO THAT AS PART OF THE BUILDING. WHAT IS IT ATTACHED TO? IT'S ATTACHED TO THE GARAGE, THE DETACHED, THE GARAGE THAT'S SEPARATE FROM THE HOUSE. BUT THE GARAGE THAT'S PART OF THE HOUSE FROM THE BREEZEWAY. THIS IS ATTACHED TO THE GARAGE, CORRECT? PERHAPS IF YOU SHOW THEM THE SITE PLAN, YOU CAN SHOW THEM WHERE ON THE SITE PLAN WE'RE LOOKING AT. THESE SPECIFIC THINGS MIGHT BE EASIER FOR THEM TO TO SEE IT AND SHOW THEM WHAT'S OPEN, WHAT'S NOT OKAY. HOW DOES THE ONE THING I CAN ASK THEM TO THE GARAGE, DOES IT MATTER IF THIS THING IS CALLED A PORCH OR A GAZEBO, OR IT'S A POOL HOUSE? IT'S AN OPEN. IT'S A POOL HOUSE. YOU CAN CALL IT WHATEVER YOU WANT TO CALL IT ISN'T OKAY BECAUSE I'VE SEEN A LOT, YOU KNOW, POOL HOUSES THAT HAVE BEEN PROPOSED. GENERALLY, A POOL HOUSE MIGHT HAVE AN OPEN AIR PORTION OF IT, BUT IT GENERALLY HAS A KITCHEN. IT'S GOT A BATHROOM AND ALL THAT. DOES THIS THING HAVE THAT? NO. THERE'S A POSSIBILITY OF A SINK AND A COUNTER. IF THE SEPTIC WILL, WILL SUPPORT THAT IF THE SEPTIC REGULATIONS SUPPORT IT. THAT WAS RAISED IN ONE OF THE REPORTS. OKAY. I GUESS IT DOESN'T MATTER WHATEVER YOU CALL IT, BUT IT JUST THAT'S WHAT THREW ME OFF. I'M LOOKING ALL OVER FOR A POOL HOUSE. I DIDN'T SEE A POOL HOUSE I SAW. OKAY, I GOT IT. WELL, THE GARAGE IS ALIGNED RIGHT IN THE BACK HERE. THAT'S SQUARE IS THE GARAGE THAT'S UNDER CONSTRUCTION. AND THEN RIGHT BEHIND IT IS THE PROPOSED POOL HOUSE THAT'S OPEN, AND THEN THE POOL IS IN THE REAR, AND THEN YOU HAVE THE RETAINING WALL. WHERE ARE PEOPLE GOING TO CHANGE INTO BATHING SUITS TO GO INTO THE POOL? NORMALLY THEY GO IN THE POOL HOUSE. THE GARAGE HAS THE BATHROOM. OKAY. SO THAT EXPLAINS YES. OKAY. YEAH. CUZ I WAS THINKING OPEN AIR POOL HOUSE AND YOU'RE CHANGING TO BATHING SUITS. WHATEVER. YOU KNOW, WE'RE NOT GOING TO MAKE ANY JOKES ABOUT THAT, OKAY? I'M JUST GOING TO GO THROUGH SOME TECHNICAL THINGS THAT THAT'S THAT'S OUR TESTIMONY ON THE RETAINING WALL AND THE POOL HOUSE JUST TO GO OVER CRITICAL AREAS AND STUFF. WE HAVE WETLAND AND WETLAND BUFFERS. WE HAVE AN LOI THAT WAS ISSUED FOR THE PROPERTY. 1813 18 DASH 0001.1 FWW8180001. FOR WETLANDS AND WETLAND BUFFERS DO EXIST. THE PROPERTY DOES NOT CONTAIN [00:25:09] 100 YEAR FLOODPLAIN. THERE ARE TOPOGRAPHIC SLOPES GREATER THAN 15% AND WE APPLIED AND RECEIVED A NJDEP BUFFER. REDUCTION AND COMPENSATION WAS APPROVED BY NJDEP FILE NUMBER 1813. DASH 18, DASH 0001. CAN I ASK A QUESTION? THIS IS RESPONDING TO SOMEONE'S REPORT. I'M JUST GOING OVER THE CRITICAL AREAS. THAT WAS MY LAST ONE. SO. MORE MORE THAN ARGUABLY YOU NEED TO KNOW. BUT PART OF THE JUSTIFICATION FOR THE VARIANCE IS THE FACT THAT THERE ARE A LOT OF CRITICAL AREAS ON THE SITE, AND WE'RE GOING TO RELY UPON THAT IN SUPPORT OF THE C1 VARIANCE, ARGUABLY, THE THE LOCATION OR THE LAYOUT OF THE POOL HOUSE IS IS ALSO ARGUABLY A C2 BECAUSE IT LINES UP WITH THE GARAGE THAT'S ADJACENT TO IT. GO WITH THE C1. MY SUGGESTION, BUT THE THINGS THAT YOU'RE RECITING, HAVE THEY BEEN SUBMITTED TO THE RECORD? EVERYTHING'S BEEN SUBMITTED FOR THE RECORD. OKAY, ONE OF THE QUESTIONS REQUEST OFFICE HAD WAS HAS ANYTHING CHANGED OR ANY MODIFICATIONS HAVE BEEN CHANGED? THEY HAVE NOT. WE ARE IN COMPLIANCE WITH THE NJDEP. SO MY SUGGESTION IS ONCE YOU GET TO THE REPORTS, WHY DON'T YOU JUST TELL US WHO'S REPORT OKAY. AND THEN GIVE US GO DOWN THE ITEM NUMBERS OKAY. AND IF, IF WHATEVER THAT ITEM SAYS WOULD BE A CONDITION OF APPROVAL AND YOU AGREE, JUST SAY WE AGREE WITH NUMBER FIVE. FOR EXAMPLE, IF YOU CAN ACTUALLY MAKE IT SIMPLE, THERE'S NOTHING IN THE REPORTS THAT WE DO NOT AGREE WITH IN TERMS OF AS CONDITIONS. THE ONLY ISSUE IN THE REPORTS IS THEY ASK US FOR TESTIMONY. SO ANYWHERE IT ASKS FOR TESTIMONY GIVE THE TESTIMONY, BUT ANYWHERE IT SAYS ANYWHERE IT'S SUGGESTING A CONDITION YOU'RE AGREEING. MAKE IT A CONDITION. YES. AND YOU'RE GOING TO START WITH WHICH REPORT? I'M GOING TO START WITH THE REPORT FROM ERIE, OKAY, DATED SEPTEMBER 23RD. CORRECT? CORRECT. THE FIRST PAGE IS INFORMATIONAL. THE SECOND PAGE CALLS OUT THE BULK REQUIREMENTS. THE ONLY THING DOWN AT THE JUST UNDERNEATH IS THE THE DOUBLE ASTERISK. THE SIDE YARD SETBACK SHOULD BE TO THE BOTTOM OF THE STEP, PROVIDING A DIMENSION. IT SCALES TO APPROXIMATELY 80.65FT. IS THAT IS THAT CORRECT? DAVE? IS THAT YOUR MEASUREMENT FOR FOR THAT PARTICULAR IMPROVEMENT? YES. OKAY. AND THAT'S JUST INFORMATIONAL ULTIMATELY. BUT IT ASKS US TO CLARIFY IT. THE BOTTOM OF THE PAGE ARE THE VARIANCES THAT WE'VE BEEN DISCUSSING. YEP. AND I'LL GIVE YOU A LITTLE BIT MORE ON THAT. JUST TO KIND OF SUM UP THE BASIS FOR THE RELIEF BEFORE WE'RE DONE HERE THIS EVENING. NOW I'M ON PAGE THREE OF THREE. DAVE GAVE YOU SOME TESTIMONY ON THE DEP PERMITS. AND HOPEFULLY THAT SATISFIES THAT. SO ITEM FIVE, THAT'S ITEM FIVE, ITEM SIX. AND ITEM FIVE HAS AN A AND A B. YEAH, I, A IS JUST A LABEL ON THE PLAN. AND WE'LL AGREE THAT THAT'S A CONDITION. YES. WHAT ABOUT B. THAT JUST TESTIMONY AND THAT THAT WE PROVIDED. OKAY. SIX IS TESTIMONY THAT DAVE PROVIDED WITH REGARD TO SOIL CONSERVATION DISTRICT AND TO THE EXTENT REQUIRED, WILL, YOU KNOW, WE'LL ADDRESS ANY OF THE CONCERNS THAT ARE IN THERE. OKAY. WELL, DO YOU NEED A NEW SOMERSET COUNTY SOIL CONSERVATION DISTRICT APPROVAL OR DO YOU HAVE ONE? THAT'S WE HAVE ONE. IT'S RECENT FOR THE APPROVED PLANS. WHAT WE DID WAS THAT SUBMITTED TO THE BOARD FILE EVERYTHING. ALL THE APPROVALS WERE SUBMITTED. WHAT WE WHAT HAPPENED WAS WE WENT FOR CONFORMANCE SUBMISSION FOR REVIEW, AND WE SUBMITTED TO ALL THE AGENCIES. THAT'S WHEN THE FENCE WAS CAUGHT THE FENCE WAS YANKED. THE POOL HOUSE AND THE POOL TO GET THE HOUSE UNDER CONSTRUCTION. OKAY. SO EVERYTHING IS EVERYTHING'S BEEN APPROVED WITH THE POOL HOUSE AND THE POOL. STORMWATER MANAGER DOESN'T HAVE TO CHANGE IT. GOT IT. OKAY. ITEM SEVEN, ITEM SEVEN. CAN YOU JUST CONFIRM THAT THERE'S, IN FACT, A TEN FEET SEPARATION BETWEEN THE DISPOSAL FIELD AND THE PROPERTY LINE? THIS WAS A COMMENT THAT WAS IN THE INITIAL RESOLUTION OF CONFORMANCE. AND YES, IT WAS COMPLIED WITH. WE HAVE OKAY. IT WAS COMPLIED WITH UNLESS SOMEONE HAS ANY QUESTIONS ABOUT THAT ITEM 889, TEN WILL COMPLY WITH ALL OF THOSE. YEAH. 11 DAVE TESTIFIED WITH REGARD TO THE STORMWATER AS TO A WILL COMPLY WITH THAT. 12 WILL COMPLY WITH 13. AND AND THE PERMITS AND APPROVALS WILL COMPLY WITH ALL OF THOSE. OKAY. IF YOU'RE READY, I'LL NOW TURN TO THE REPORT FROM CLERK KATE. AND HENCE THE SEPTEMBER 11TH, 2025. RIGHT. CORRECT. IF YOU DON'T MIND, I'D LIKE TO THAT DOWN HERE. I'D LIKE TO GO BACK TO THE SETBACK FROM THE SEPTIC FIELD. MY UNDERSTANDING IS THAT THERE'S A DIMENSION THAT IS LABELED AS EIGHT FEET, AND THE DIMENSION TO THE INNER BOLDED LINE OF THE SEPTIC FIELD IS LESS THAN TEN FEET. SO I JUST WANT TO CLARIFY THAT THAT IS [00:30:04] NOT TEN FEET. I JUST WANT TO CLARIFY THAT YES, JOE WAS ON THE PLAN. THE POSSIBILITY. MAY HAVE TO ZOOM IN. I AM, YEAH, THANK YOU FOR THAT. I BELIEVE THE DISTANCE FROM THIS PROPERTY LINE TO NOT THE DASHED LINE, BUT TO THE SOLID LINE IS TEN FEET. OKAY. I THINK THE EIGHT FEET IS FROM THE DASHED LINE. AND WHAT IS WHAT IS EIGHT FEET IS FROM THE WHAT? THE DASH. IF YOU LOOK AT THE PLANS, YOU HAVE A DASHED LINE AND THEN YOU HAVE A SOLID LINE. WHAT'S THE DASHED LINE? STAND FOR THE BED ITSELF, THE SOLID BED, THE GRAVEL, THE THE PART OF THE SEPTIC FIELD IS THE INTERIOR LINE. THE INTERIOR LINE IS THE SLOPES OF THE PROPERTY THAT'S NOT PART OF THE BED. WHAT WE DID WAS IN NLP, DID THE SEPTIC DESIGN. EVAN STEPHANOPOULOS AND KRISTEN REVIEWED IT. WE DID THE WE SHOW AND THAT HAS MORE DETAIL. I COULD PROVIDE THOSE PLANS TO DARGIE'S OFFICE ON HOW EXACTLY WE GOT TO THE PLANS WHERE WE ARE BECAUSE THE SEPTIC SYSTEM PLAN, THE RESERVED AREA IS A LOT SKINNIER THAN WHAT IT USED TO BE. OKAY, SO COMPLIANT INSTEAD OF SEVEN SAYING CHECKING OFF, SAYING YOU DID IT IN TESTIMONY, MAYBE IT SHOULD BE A CONDITION. SUBMIT WHAT THE SEPTIC PLANS L P HOLD ON SEPTIC PLAN. DO YOU KNOW THE DATE ON THAT? I DO NOT OKAY. SUBMIT LP SEPTIC PLAN TO. WE'RE GOING TO SAY THE BOARD SECRETARY AND THE BOARD ENGINEER TO CONFIRM TEN FOOT SEPARATION. I HAVE NO PROBLEM WITH THAT. IS THAT ACCEPTABLE TO YOU? OKAY, OKAY. WAS THERE ANYTHING ELSE FROM ERA? THANKS, JACKIE. OKAY, SO NOW I'M ON THE REPORT FROM CLERK KATE AND HENCE THE FIRST PAGE IS INFORMATIONAL. THE SECOND PAGE. OKAY. HOLD ON THE FIRST PAGE. 1.1 THE LAST SENTENCE IN 1.1 IN BOLD SAYS LIMIT OF DISTURBANCE SHOULD BE UPDATED TO INCLUDE ALL AREAS WHERE DEVELOPMENT IS PROPOSED, INCLUDING AREAS WHERE THE SPLIT RAIL FENCE IS PROPOSED. THAT'S A CONDITION, CORRECT? YEP. WE'RE COMPLY. NOW. WE'RE ON PAGE TWO. 1.3 IS INFORMATIONAL. 2.1 INDICATES THAT THE PRINCIPLE USE THE SINGLE FAMILY HOME IS PERMITTED. THAT WOULD INCLUDE ALL OF THE IMPROVEMENTS. THE ONLY THING AS WE TALKED ABOUT THAT WE'RE ASKING FOR THOSE THOSE VARIANCES THAT HAVE BEEN CALLED OUT. NOW I'M ON PAGE THREE. SIMILARLY THE ACCESSORY USES ARE PERMITTED 2.1 AND 2.4 MAKE COMMENTS. THOSE ARE THOSE WILL BE 2.3 AND 2.4. IT'S WHAT I SAY 2.1 IT'S BEEN A LONG DAY. SO 2.3 YES IT CONDITIONED 2.4. YES IT CONDITION CORRECT? YES. THOSE ARE BOTH CONDITIONS. NOW I'M TURNING TO PAGE FOUR. 3.1 IS THE VARIANCE. WHAT'S THAT. THAT'S THE VARIANCE. SO WE'VE TALKED ABOUT THAT. YEP. UNDER 4.1 AND 4.2 WE'LL COMPLY OKAY. YOU'LL SUBMIT DETAILS. YEP 4.3 IS INFORMATIONAL. YEP 4.4 IS SOME TESTIMONY WITH REGARD TO THE SEPTIC RESERVE AREA. THAT'S WHAT WE'RE JUST TALKING ABOUT THE EIGHT FEET RIGHT. SO WHAT I'M GOING TO DO ON THAT ONE I'M GOING TO SCRATCH IT OFF OF THEIR REPORT BECAUSE I HAVE IT IN THE ENGINEER'S REPORT. I'M NOW TURNING TO PAGE FIVE, TREE REMOVAL AND REPLACEMENT THAT WAS PREVIOUSLY GRANTED. ARE YOU DISTURBING ANY ADDITIONAL TREES OTHER THAN WHAT IT PREVIOUSLY BEEN APPROVED BY THE BOARD? NO WE'RE NOT. OKAY, SO WHAT IS 5.1.15.1 TREE REPLACEMENT 5.1.15.1.1. SAME THING. OKAY. IT SAYS IN LIEU OF REPLANTING TREES IN THE SUBJECT PROPERTY, THE APPLICANT MAY CONTRIBUTE FUNDS IN ACCORDANCE WITH ORDINANCE SECTION, BLAH BLAH BLAH. SCHEDULE B WHAT'S THE APPLICANT'S POSITION? THERE'S NO ADDITIONAL TREES THAT ARE BEING DISTURBED. ALL THE TREES THAT WERE TO BE DISTURBED HAVE ALREADY BEEN DISTURBED UNDER THE PREVIOUSLY APPROVED APPLICATION. NO ADDITIONAL TREES ARE BEING DISTURBED. OKAY, LET ME JUST MAKE MYSELF A NOTE. OKAY, I'M NOW ON PAGE SIX. I'M NOT THERE YET. HOLD ON. OKAY, FIVE. I'M NOW ON PAGE SIX. 5.2 STREET TREES THAT. SO JUST GO BACK. SO THE END OF 5.1.1 ON PAGE SIX, THE APPLICANT AGREED TO INSTALL 12 TREES FROM THE LAST APPROVAL. THAT'S STILL APPLIES. CORRECT? CORRECT. I SIMILARLY WITH REGARD TO STREET TREES THAT HAVE ALREADY BEEN APPROVED AND THERE'S NO ADDITIONAL DISTURBANCE THAT TREES. CORRECT. 5.3.1 SOIL HAULING. CAN YOU JUST ADDRESS THAT QUICKLY? WE DO HAVE A SOIL HAULING NOTE ON THE PLANS. WE [00:35:03] DID ASK THE PREVIOUS BOARD TO PERMIT US 100YD■!T IF NEED BE. E DON'T SEE THAT. WE DO NEED THE THE FILL, BUT IF WE DO NEED TO FILL, WE'RE UP TO 100YD■!T BEFOE WE HAVE TO COME BACK TO THE BOARD. AND IF WE DO NEED TO HAUL SOIL HAULING PERMIT, WE'LL HAVE TO GET ONE FROM MARK HERMANN. SO WE COVERED IT EVERY WAY YOU CAN. NEXT ITEM HERE IS WITH REGARD TO CRITICAL AREAS OTHER THAN WHAT PREVIOUSLY BEEN APPROVED BY THE BOARD, ARE THERE ANY ADDITIONAL CRITICAL AREAS THAT ARE BEING DISTURBED AS PART OF THIS APPLICATION? NO THANK YOU. THAT WAS A LONG NO. 6.2 STEEP SLOPES. THERE PREVIOUSLY BEEN A A RELIEF. I BELIEVE IT WAS A DESIGN EXCEPTION, BUT THEY'RE PREVIOUSLY GRANTED RELIEF FOR THE THE STEEP SLOPES ON THE PROPERTY. THOSE HAVE ALREADY BEEN GRADED AND AND AND LEVELED. ARE THERE ANY OTHER ADDITIONAL STEEP SLOPES THAT ARE BEING DISTURBED AS A RESULT OF THIS APPLICATION? NO. I'M NOW TURNING TO PAGE SEVEN. THE REST OF THAT IS JUST THE STANDARDS FOR THE C VARIANT. CORRECT? EIGHT PARDON ME. PAGE EIGHT. SECTION EIGHT IS ALL THE MASTER PLAN GOALS. I'M NOT SURE THAT WE REALLY NEED TO GO INTO ALL OF THESE. I'LL GIVE YOU A SUMMARY OF THE BASIS FOR THE RELIEF BEFORE WE'RE DONE HERE THIS EVENING. RIGHT. I THINK YOU'RE DONE WITH THE REPORT. THE REST SHOWS WHAT THEY REVIEWED AND WHO THE PROFESSIONALS ARE. CORRECT. AND IT JUST IT JUST FOR THE RECORD, ON PAGE TEN 11.1 A CALLS OUT THE VARIANCE FOR THE FENCE. I'M NOW LOOKING AT AND REFERRING YOUR ATTENTION TO THE REPORT FROM THE HEALTH DEPARTMENT. DATE, DATE. THE DATE OF THIS IS JULY 23RD, 2025. AND JUST RAISES A QUESTION ABOUT THE SINK AND THE COUNTER IN THE POOL HOUSE. AND THE ANSWER TO THAT IS WE'VE TESTIFIED TO IS THAT IF THE SEPTIC PERMIT WILL ALLOW US TO DO THAT, IN OTHER WORDS, THE THE THE DESIGN FLOW, THEY'LL PUT IN A SINK IN A COUNTER AREA. IF NOT, THERE WILL BE NONE. SO I THINK YOU WANT TO DO THAT AS A CONDITION. THE NEXT REPORT IS FROM MR. BARTOLONE AND THE THE LAST SENTENCE IS THE ONE THAT DATE, DATE, DATE. OH I'M SORRY. THE DATE IS AUGUST 18TH, 2025. AND THE LAST SENTENCE WHICH WE LIKE AND SEEM TO AGREE WITH, IS THAT THE APPLICATION IS ACCEPTABLE TO THIS OFFICE. WE WOULD AGREE WITH THAT. WE ALREADY DISCUSSED THE REPORT FROM THE ENVIRONMENTAL COMMISSION, WHICH ADDRESSES THE ADDITIONAL PLANTINGS, PLANTINGS. AND JUST FOR THE RECORD, THAT'S AUGUST 19TH, 2025. RIGHT. AND WE'RE GOING WITH THE BARTOLONE GREEN GIANTS, EVEN THOUGH IT'S NOT IN HIS REPORT. EXACTLY. WITH THAT RECOMMENDATION, ASSUMING THAT'S FAVORABLE TO THE BOARD. SO JUST BY WAY, WELL, BEFORE I SUM UP, AND PART OF MY SUM IS REALLY JUST GOING TO BE TO GO THROUGH THE VARIANCE WITH YOU. ARE THERE ANY QUESTIONS OR COMMENTS FOR FOR MR. SCHMIDT? MR. BOARD HAVE ANY QUESTIONS. OKAY. SO LET ME JUST SEE IF I CAN. WHY DON'T WE ALSO DO ONE OTHER THING. IS THERE ANYONE HERE IN THE PUBLIC BESIDES THE APPLICANT ON THIS APPLICATION TONIGHT? THERE'S SOMEONE IN THE BACK OF THE ROOM WITH HIS HEAD DOWN. HE'S DOING HIS HOMEWORK. ARE YOU HERE ON THIS APPLICATION BY ANY CHANCE? DO YOU WANT ANY? YOU HAVE ANY QUESTIONS? YOU WANT TO SAY ANYTHING? NO. OKAY. GO AHEAD. THANK YOU. SO AS WE TALKED ABOUT WE'RE HERE FOR VARIANCES ESSENTIALLY RELATING TO THE THE FENCE FOR THE POOL. AND THAT IS A NECESSARY FOR A CODE COMPLIANCE PERSPECTIVE AND A TECHNICALITY WITH REGARD TO THE RETAINING WALL THAT'S THERE. SO GIVEN THE FACT THAT IT'S THE EIGHT FEET HEIGHT BETWEEN THE RETAINING WALL AND THE FENCE THAT IS FACING AWAY BUT FACING A TREED AREA. SO WE DON'T EXPECT THAT THERE'LL BE ANY VIEW OF, OF THAT FENCE WHATSOEVER. SO AND PLUS WE'RE GOING TO DO THE ADDITIONAL PLANTINGS THAT WE'VE DISCUSSED SEVERAL TIMES HERE THIS EVENING. WE WOULD ARGUE THAT IN LIGHT OF THE FACT THAT THE PROPERTY IS SO HEAVILY CONSTRAINED BY BY CRITICAL AREAS, ENVIRONMENTALLY SENSITIVE AREAS, AM I TALKING TOO FAST? YOU ARE WHAT? I'D SUGGEST YOU GO LIKE THIS. THERE'S A A CONSTRUCTION CODE REQUIREMENT FOR A FOUR FOOT HIGH FENCE ON THAT ABUTS A POOL. CORRECT? CORRECT. THE ONLY WAY YOU CAN GET A FOUR FOOT HIGH FENCE ABUTTING THAT POOL BECAUSE OF THE TOPOGRAPHY IS TO HAVE A FOUR FOOT HIGH RETAINING WALL, CORRECT? CORRECT. SO THE ONLY WAY TO COMPLY WITH THE CONSTRUCTION CODE IS TO HAVE AN EFFECT. AN EIGHT FOOT HIGH FENCE CONSISTING OF A FOUR FOOT HIGH RETAINING WALL AND A FOUR FOOT HIGH FENCE COULD NOT SET IT BETTER MYSELF. SOUNDS LIKE YOU'RE GOING TO ARGUE THAT'S HARDSHIP, CORRECT? ABSOLUTELY. FROM BOTH OF THE ORDINANCE STANDARDS. ONE ORDINANCE STANDARD SAYS NO MORE THAN A FOUR FOOT FENCE. ONE SAYS NO MORE THAN A SIX FOOT FENCE. EIGHT FOOT FENCE. CORRECT? CORRECT. OKAY. AND THE HARDSHIP ON THE LOCATION OF THE ROOF LINE OF THE WHATEVER YOU WANT TO CALL IT, THE PORCH, THE OPEN AIR POOL HOUSE IS BECAUSE OF THE CONSTRAINED NATURE OF THE CONSTRAINT IN TERMS, AGAIN, ALL [00:40:08] THE SAME, BASICALLY ALL THE SAME ISSUES THAT THE PROPERTY IS HEAVILY CONSTRAINED WITH REGARD TO THE ENVIRONMENTALLY SENSITIVE AREAS. HENCE THE LOCATION ADJACENT TO IT'S NOT GOING TO HAVE ANY MATERIAL EFFECT. I MEAN, PART OF THE REASON, AS I UNDERSTAND IT, THAT THAT'S EVEN IN YOUR ORDINANCE IS TO GIVE SOME FLEXIBILITY. SOMEONE MAY WANT TO DO SOME CONSTRUCTION IN THE FUTURE. OBVIOUSLY, THEY'VE ALREADY DONE SUBSTANTIAL CONSTRUCTION, INCLUDING THE POOL AND THE POOL HOUSE, SO THAT THEY HAVE VERY LITTLE LIKELIHOOD OF EVER NEEDING THAT IN THE FUTURE. MORE IMPORTANTLY, OR JUST AS IMPORTANTLY, IT'LL HAVE NO IMPACT ON THE DEED RESTRICTED CONSERVATION AREA. IT WON'T BE SEEN BY THE PUBLIC. AND IT IS. IT FOLLOWS THE SAME LINE OF THE THE GARAGE THAT'S THERE. IN OTHER WORDS, IT'S CONSISTENT WITH IT. AND LAST BUT NOT LEAST, IT IS. WHAT WAS THE LAST ONE I WAS GOING TO SAY? I FORGET ALREADY. I THINK YOU GOT ENOUGH. OKAY. ANYONE ON THE BOARD WANT TO DELIBERATE OR MAKE A MOTION? OR ANY QUESTIONS FROM THE BOARD PROFESSIONALS OR. SURE, I HAVE A QUESTION PLEASE. IT'S PURELY ACADEMIC AND I PREFACE THIS BY SAYING I DON'T SUGGEST IT IN ANY WAY, BUT IS THERE A PROVISION IN OUR ORDINANCE WHERE IF THE RETAINING WALL AND THE FENCE WERE OFFSET, IT WOULD BRING IT INTO COMPLIANCE? I TRIED AND I FAILED. IT SHOULD BE. NO, NO. WELL, I MEAN, IT COULD BE HE'S SAYING THERE'S NOT ENOUGH. THAT'S AT THE, AT AT, AT THE END OF THE YEAR. I DON'T HAVE ROOM FOR IT. HE'S SAYING, OH NO, I KNOW THAT. AND THAT'S WHY I, WE TRY TO WE TRIED MANY DIFFERENT ASPECTS BUT I HAD TO DEAL WITH IT. BUT LIKE A ONE FOOT OFFSET. NO THEY IT'S STILL THEY COULDN'T DO IT. YOU CORRECT. BECAUSE UNDER THE UNDER THE ORDINANCE YOU CAN DO THAT. BUT HE CAN'T. HE CAN'T HE COULDN'T PHYSICALLY FIT IT IS WHAT HE'S SAYING. SO WHAT WAS THAT DISTANCE I DON'T KNOW WHAT THE DISTANCE IS. THAT WAS MY QUESTION. WHAT IS THE DISTANCE THAT BRINGS IT IN? DO YOU DO YOU KNOW DID. NO. OKAY. DOESN'T MATTER. AND AND I DID RECALL THE, THE ONE LAST COMMENT I WANTED TO MAKE WITH REGARD TO THE SETBACK TO THAT POOL HOUSE, THOSE IMPROVEMENTS WERE SHOWN ON THE PLAN THAT HAD PREVIOUSLY BEEN REVIEWED BY THE BOARD, JUST HADN'T BEEN CALLED OUT. SO WE'RE HERE ASKING YOU TO BLESS THAT. WHAT WE WOULD WOULD SUBMIT IS A TECHNICALITY. UNDERSTOOD? SORRY. YEAH. THE ORDINANCE IS 15FT FROM ANY LOT LINE. THAT FOUR FOOT HIGH FENCE. IT WOULD HAVE TO BE 15FT. YEAH, YEAH. ALL RIGHT. IS THERE ANY OTHER DELIBERATION QUESTION? YEAH. OKAY. UNDERSTOOD. DEFINITELY HEARD THE HARDSHIP CLAIM. HARDSHIP ON BOTH. ON BOTH. ON BOTH VARIANCES. CAN I HAVE A MOTION TO APPROVE? I'LL MAKE A MOTION TO APPROVE, MR. WOOD. THANK YOU. I'LL SECOND MR. THANK YOU. ROLL CALL PLEASE. WASABI. YES. BLAZAWSKI. YES. BLODGETT. YES. BRUNS. YES. ROSENTHAL. YES. WALMART. YES. WOOD. YES. THAT'S IT. THAT'S ALL SHE WROTE. ALRIGHT. THANK YOU SO VERY MUCH. APPRECIATE YOUR TIME AND ATTENTION. ENJOY YOUR PULL. GREAT. ALRIGHT. NEXT [VII. Minutes ] WE HAVE MINUTES TO APPROVE THE MINUTES FROM THE AUGUST 26TH, 2025 REGULAR MEETING. CAN I HAVE A MOTION TO APPROVE THOSE MINUTES? MR. WALLMARK, WOULD URBANSKI MAKE A MOTION TO APPROVE? MR. SECOND MR. URBANSKI THANK YOU. CAN I GET A ROLL CALL, PLEASE? BLODGETT. YES. WALMART. YES. WOULD. YES. URBANSKI. YES. DELAHANTY. YES. ALRIGHT. WE DO HAVE MEETINGS TO THE TWO. NEXT MEETINGS ARE CANCELED. SO THE NEXT MEETING IS NOVEMBER 25TH, 2025. HOW CLOSE IS THAT TO THANKSGIVING? TUESDAY, TUESDAY OF TUESDAY IS THE TUESDAY OF THANKSGIVING WEEK. ALRIGHTY. WELL, WE'LL BE BRINING OUR TURKEYS AND. OKAY. ALRIGHT. CAN I HAVE A MOTION TO ADJOURN? SO MOVED. ALRIGHT, THE TIME * This transcript was compiled from uncorrected Closed Captioning.