Nancy Durey: Of course, of course. We are trying to avoid a future problem if this was down right and if it needs to be brought to code. The current owner’s will do everything to keep it the way it is.

Mr. Smith: You have two separate apartments there – completely?

Nancy Durey: Completely separate – heating, electric and it cost him a lot of money to take this all apart.

Asa Lennon: Separate furnaces, service entrances, meters, water, everything.

Mr. James Owen: You could never bring it up to today’s Code anyway because it doesn’t meet the square footage.

Asa Lennon: It says here it is suppose to be 1200 sq/ft and it comes to almost 2000 sq/ft I believe it.

Mr. James Owen: 1200 sq/ft per unit it says there? It ‘s a 800 sq/ft minimum isn’t it per unit?

Nancy Durey: It currently on the total on the property code.

Mr. Oster: They just changed a lot of those numbers last year.

Nancy Durey: We’ll tell RJ to get new books. You can see the diagram the way it was existing and that’s the way it still is.

Nancy Durey: On the second page is the square footage of each section.

Mr. Smith: Any other comments from the Board? (no)

Asa Lennon: The floor are stayed the same you said?

Mr. Smith: You realize what we are going to vote on is that it meets the use as a 2 family; any other code violations are not addressed.

Nancy Durey: Right. We are willing to address them.

Asa Lennon: We understand and fully willing to address those with Mr. Steenrod.

Mr. Smith: Use only.

Nancy Durey: Yes. That is what we are looking for.

Mr. Smith: This is a continuation of a Public Hearing. Any comments from the Public? (no)

Mr. Smith: Any questions from the Board? (no)

Mr. Smith: I Move to close the Public Hearing at 8:07 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to accept the application of Richard and JoAnne Gagliano, property located at 64 Decker Lane (tax map 7-1-18) for an intrepretation for the use as a valid two (2) family home; Seconded.

DISCUSSION: (NONE)

Mrs. Thompson: What about the trailer?

Nancy Durey: That was never an issue according to the building department it was the structure.

VOTE:

In favor (aye): 6
Opposed (nay): 0

DECISION:

Mr. Smith: The vote of 6-0 that it is a two (2) family use. Please see the building department. Any questions with the town, please them to call P. Thompson or myself (O. Smith).

PUBLIC HEARINGS

JESSE BLONDE: Request for a variance of 249-19-D (front yard reduction) from 40ft to 39.5 ft; Property located on the South Side of Countant Road (SEC 5 BL 2 LOT 8); Designated RA.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:10 pm.

Mr. Smith: I Move to open the Public Hearing at 8:11 pm; Seconded; All in favor; Motion carried.

Roger Ferris: The house that is being constructed is approximately 6 inches too close to the front yard of the property. The Town has moved the road additionally 17 feet away from the property so our house from the travel way is 17 feet further than what would originally be allowed by zoning. We are asking for 6 inch variance because the window well got constructed on the front of the house in violation of the zoning.

Mr. Oster: Was that an afterthought that’s almost how that looks or was that always planned that way? We are trying to figure why we are 6 inches short here.

Roger Ferris: Builder did not give us the dimension of the bump out for the window well when we staked the building. We staked it 2 feet back from setback line and he slid it 6 inches forward and added the window out during construction.

Mr. Oster: When these homes are built, we are all in a little bit of…why they are so close to the line anyway. You have plenty of back yard there that they came 41 feet and all of the sudden we have this problem. Because even though the road grade has changed I don’t think the Town is giving over that ground to you so you still have to be 40 feet away from edge of your front yard I believe.

Roger Ferris: That is correct; that is why we are here. The house position in this particular lot the lot is quite flat and to get gravity feed system to the septic the house had to be close to the property and that is how it is shown on the original sub division plan.

Mr. Oster: pretty much because of the se ptic in the back you had to keep that close to the front edge there. How much of a hardship would it be to remove that well?

Roger Ferris: Its poured concrete so you would have to cut it and rebuild it.

Mr. Oster: That well almost looks like… that bay window – does that lead into the garage?

Roger Ferris: No, its just a bay window that comes up from the basement floor.

Mr. Oster: I thought those were garages coming into the side there.

Roger Ferris: Its not an entrance I can tell you that.

Mr. Oster: I know that – it’s a window there I just thought for some reason or other that it looks peculiar to me that you had bay windows on what looked like garage portion of the house.

Mr. Smith: Any comments from the Board? (no)

Mr. Mattatall: Basically – our real concern is that as you said when the survey was put out is that you are playing it close with that two feet and you have builder that in effect – we don’t want to be responsible because someone can’t measure – that’s really it. We don’t want to be as a government entity we don’t want to be making ‘good’ on someone’s professional mistakes in the field that now impacting on the Township.

Roger Ferris: I understand.

Mr. Mattatall: Understand we are only dealing with only 6 inches and disposed to blowing up the front of the house because of 6 inches. I am also – you are going to do business with the Town again and with the builders that came out there and there is an explanation they need to know is that we are not going to be continuing a trend. It isn’t like we will give you 6 inches. This is a poured foundation and were this not poured were this something that can be removed by the homeowner without considerable distress to the functionality of the building we might not be so disposed at least in my case. If this was wooden frame it would be gone.

Mrs. Thompson (to James Owen): why can’t they just fill in that part under the bay window and put in another thing – the house will look the same. Another concrete?

Mr. James Owen: Eliminate the window is what you are saying – it could be done but not what they want.

Roger Ferris: And the road has been pulled away from the site – I have the additional ground on the other side of the road so they could pull the road over and straighten out that road.

Mr. Smith: The road was changed before house was put up.

Roger Ferris: It was under construction. The other side was approved before the house was started – right.

Mr. Oster: With even my negative comments, the one thing leaning to your favor is 6 inches. Outside of that we would have some serious issues here.

Mr. Smith: Who owns this?

Roger Ferris: Jesse Blonde.

Mr. Smith: When did he buy the property?

Roger Ferris: February.

Mr. Smith: How did this come up now?

Roger Ferris: when we when to locate the house for financing and came up the window well was too close.

Mr. Smith: Then he built the house?

Roger Ferris: No, no. he is building the house himself, he owns the lot and building the house.

Mr. Smith: Any questions from the Public? (no)

Mr. Smith: Any questions from the Board?

Mr. Morgan: Keep in mind for the future that 20 feet is 20 feet and 12 inches or 6 inches might not hurt anything.

Roger Ferris: We always stay 2 feet additional back in case they move something and in this case they did not give us the full dimensions of the house or otherwise we would have put it back another 2 feet.

Mrs. Thompson: The builders do what they darn please.

Mr. Smith: This is a lot on a sub division map. The sub division map is new and not even a year old.

Roger Ferris: Correct.

Mr. Smith: Right now is the house up or the concrete foundation.

Roger Ferris: It is fully framed.

Mr. Smith: Any comments from the Public? (no)

Mr. Smith: Any further comments from the Board?

Mr. Smith: Roger, we are getting more of these where the builders are not following and the board will start clamping down on this. More we are getting this – it might be 6 inches here or 5 feet there – someone is going to have to measure. If you are having problem with your gravity feed to your sanitary you have to do some fill and move it back. That is the way these things are.

Mr. Smith: I Move to close the Public Hearing at 8:20 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following front yard variance from 40ft to 39.5 ft; Seconded.

DISCUSSION:

Mr. James Owen: I agree with what everyone here has said as far as the future.

VOTE:

In favor (aye): 4
Opposed (nay): 2

DECISION:

Mr. Smith: The variance is granted 4-2.

Mrs. Thompson: Please spread the word.

Roger Ferris: I clamp on all the builders requiring house plans instead of just dimensions.

Mr. Smith: Start passing the word. We have had a few of these.

JANOS & NADEZDA LECEI (Side yard reduction)

Mrs. Thompson: There are no notices of the public hearings.

Applicant: Last month’s meeting we got scheduled for the Public Hearing tonight but unfortunately the public notices were not sent out on time so we would like to be scheduled for next month (August).

Mr. Oster: They promised us they would mark the property with the ‘Lecei’ name. I went up Bart Bull Road back and forth and think I identified the property. Did it have a back hoe on it or anything like that?

Applicant: Possible.

Mr. Oster: Have them identify the property so we know for sure. I said a ribbon and they said they would put the name on something.

Applicant: Last time I was there there was nothing out there.

Mr. Oster: What side of bridge is it on? The bridge is out – save me that trouble.

Mr. Smith: You go out Rt 211 and turn right?

Applicant: Yes.

Mr. Oster: Past polo farms and all that big construction there.

Applicant: I know they were trying to get a bull dozer there.

Mr. Oster: What I saw was a back hoe on the other side of the bridge so that was n’t it.

Mr. Smith: I Move to hold a Public Hearing on August 11, 2003 at 7:30 pm or as soon thereafter as the matter can be heard; Seconded; All in favor; Motion carried.

Mr. Oster: Have them mark it. If I can’t identify the property and I find most of them, I am not going to be sitting voting on something I can’t see.

Mr. Smith: You know the mailing procedures.

Mrs. Thompson: It will probably in the paper at the end of this week. Copy and send notices like you should have done last time. Just be sure to copy the new notice and the new date.

Applicant: I will let them know, that’s not my area.

STRAM DEVELOPMENT (Lot area and depth)

STRAM DEVELOPMENT: Variance for 249-19-B (lot area and depth); Property located on Yereance Drive (SEC 7 BLOCK 1 LOT 61.11); Designated RA.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:24 pm.

Mr. Smith: I Move to open the Public Hearing at 8:25 pm; Seconded; All in favor; Motion carried.

Mr. Smith: Please present your application.

Mark Stern, STERN & RIDNNER, Esq.: Attorney for the applicant: There was delivered earlier to the ZBA the proof of service, you have received that? (yes) very well. Just to refresh the Board’s memory, this is an for an area variance. There is requirement of 2 acres – the total lot area is suppose to be 2 acres we have 1.2 acres. We have owned property since 1986 and last time we were here I handed up to the board the tax map showing character of the neighborhood and lot of lots on same street less than 2 acres. So the proposal is for area variance for 2 requirements: 1) 2 acres to 1.2 acre; 2) depth from 300ft to 200 ft; this is the new regulations in November of 2002. At the time he acquired the property in 1986 those regs did not apply and he has owned continuously since.

Mr. Halpern’s intention is to put up a 3 bedroom house on this property consistent with the neighborhood – a colonial.

Mr. Smith: Any comments from the Board?

Mrs. Thompson: You need to put the soil types on the application.

Mark Stern: Let me see if that is noted on the map (looked at the map).

Mrs. Thompson: I may have missed it if you tell me where it is.

Mark Stern: I don’t see it either.

Mrs. Thompson: I looked at the soil map classified for 40-B. 40-B soil requires 1.65 acres in 1986 and 1973 and does today. So you don’t have enough property.

Mark Stern: We don’t have enough today or then so in either case there is a need for a variance, yes ma’m.

Mr. Halpern: I had the engineering firm Lanc & Tully do some testing on the site so I know they are familiar with the soils. Apparently there is new technology out today that there is accepted individual residential waste water treatment packages for individual homes that apparently address some of these soil deficiencies. At least from what they are explaining to me as a lay person. That when looking at the site, because Mr. Cullier had mentioned to me that he had concerns about the soils and for septic on the site. He did research and found apparently they have used these things before, I don’t have copies to give you and get more from him, but apparently they deal with this because technology is such that its.

Mr. Smith: Without the details you are already planning on doing an engineered septic. I understand this is quite wet here, this spot.

Mr. Halpern: Yes, absolutely, Sir.

Mr. Halpern: Its not wet at all.

Mr. Smith: Any other questions or comments from the Board?

Mrs. Thompson: I heard from people in the area that its at the base of the hill and the water will drain on that hill onto that lot.

Mr. Halpern: There is a dry creek there that separates that property from the neighboring property.

Mr. Oster: I went out there and it’s a lovely little back road back there again other lots near that same size. If you have problem with engineering they will stop you I don’t really see a problem with the size of this lot only because you have similar to it on both sides.

Mr. James Owen: These systems that you are talking about – like its an aerobic system pumps air into the septic tank and so forth and require much less leach field than normal system, right?

Mr. Halpern: That is correct.

Mr. James Owen: I am familiar with them. They are made for special situations like wet areas, close to lakes and small areas and so forth.

Mr. Smith: Any questions from the Public?

Jean Halpern, 49 Dogwood Drive: I live opposite the land in question. That land was owned by me also until 1995 when it became the property of Mr. Halpern. I was also a co-owner. The land originally bought by the two of us as just property not to build on and we knew at the time that land also had a foundation on it previously it was wetland and never finished building on it. My property is 4.6 acres across from it and where the creek is where he is talking about becomes wet – that is wetland and I can’t get flood insurance. That is considered wetland. Across the road there is a swamp that abuts that property also. And there are a few of my concerns also is that my well is very close to that road where this property is also. That is a big concern of mine. Another concern is way the road goes at that section is that it turns around there and we have school bus that goes there 90 mph too, along that road, and its right at that bend right where that property is. I don’t know how many feet that is but I do feel that is concern on that road. The road is not paved either. We are getting more people and becoming more a problem – it use to be very quiet area and now like I say cars go right past there. That property was originally with no intention in mind when Mr. Halpern and I bought it – it was intent that no one would build there because we did not want to see anyone build there and the property – it had a problem with water and that’s why the people didn’t build there before. And Mr. Conrad lives right next to there.

John Welsch, 66 Dogwood Drive: Number one, I think I was suppose to get notice of this meeting by registered letter, I never received anything. I think I qualilfy.

Mr. Smith: You have actual notice – you are here tonight. You can go ahead to speak.