[I. CHAIRMAN’S OPENING STATEMENT, FLAG SALUTE, ROLL CALL]
          [00:00:10]
          THIS IS A REGULARLY SCHEDULED PUBLIC WORK SESSION MEETING OF THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MAHWAH. ADEQUATE NOTICE OF THIS MEETING HAD BEEN PROVIDED BY PUBLICATIONS IN THE RIDGEWOOD NEWS, AND THE RECORD COPIES OF THE AGENDA HAVE BEEN FORWARDED TO THE TOWNSHIP CLERK AND POSTED ON THE MUNICIPAL BUILDING BULLETIN BOARD. THIS MEETING IS ALSO BEING RECORDED AND STREAMED ON THE TOWNSHIP OF MAHWAH LIVE VIDEO PAGE. ALL RIGHT, GUYS, FLAG SALUTE. I PLEDGE 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. ROLL CALL PLEASE. MICHELE. HERE, MISTER KASPARIAN HERE, MR. CARNEY. MR. LOCKWOOD, HERE, MR. MOLFETTA HERE, MR. SERNA, MR. SITAR, HERE, MR. TAYLOR. HERE. MR. HERE. ALL RIGHT. THANK YOU. WE 
          [II. APPROVAL OF BILLS]
MOVE ON TO OUR APPROVAL OF BILLS TONIGHT. WE HAVE ONE BILL FROM A COLLIERS ENGINEERING FOR THE APRIL 2026 MEETING. DO I HAVE ANYONE WHO WOULD LIKE TO MOVE THE BILL FOR APPROVAL? I'LL MOVE IT. OKAY. MR. SITAR SECOND WAS MR. TAYLOR, WHO WAS FIRST ROLL CALL, MR. JONES. YES. 
          MR. KASPARIAN YES. MR. LOCKWOOD YES. YES. MR. SITAR. YES. MR. TAYLOR. YES. MR. CANOVA YES, 
          [III. APPROVAL OF MINUTES: August 19, 2026]
THE BILL IS APPROVED. ALL RIGHT, GUYS, MINUTES. AUGUST 19TH, 2026. PRETTY FRESH IN THE BRAINS. ANY COMMENTS? YEAH. THIS IS THE BILLBOARDS THAT WE GOT HALFWAY THROUGH. YEAH. OKAY. 
          YEAH, I HAVE NO QUESTIONS. OKAY, GOOD. ANYONE LIKE TO MOVE THE MINUTES FOR APPROVAL AS HAVE BEEN WRITTEN? YES. MRS. SITAR FIRST, MR. KASPARIAN SECOND. ALL IN FAVOR? AYE. OKAY. THE MINUTES FOR AUGUST 19TH HAVE BEEN APPROVED. ALL RIGHT. WE HAVE NO RESOLUTIONS TONIGHT, SO I WILL OPEN UP THE MEETING TO THE PUBLIC FOR ANY QUESTIONS OF A GENERAL NATURE NOT RELATED TO 
          [VI. PUBLIC HEARINGS]
THE APPLICATIONS ON THE AGENDA. OKAY, THERE BEING NONE, WE WILL MOVE TO OUR FIRST PUBLIC HEARING. SO PLEASE COME UP A DOCKET NUMBER 26162 FOR A GOD. IF I BUTCHER THIS, I'M SORRY, A LOUISE PINHEIRO GUIMARAES. YEP. ALL RIGHT. 136 JOHNSON AVENUE, BLOCK 38. GOOD EVENING. ALL RIGHT. I'LL LET YOU GET SET UP AND. IS THERE GOING TO BE A V IF YOU GUYS NEED IT. YEAH. 
          LET'S GET LET'S JUST LET'S GET THAT ALL WORKING BEFORE WE START. THAT'D BE GOOD. OUTSIDE OF THIS. ALL RIGHT. WHILE YOU'RE BOTH THE APPLICANT, NEITHER OF YOU IS AN ATTORNEY, CORRECT? CORRECT. SO LET'S GET YOU SWORN IN WHILE SHE'S FIXING THE A V. OKAY. DO YOU STAND AND RAISE YOUR RIGHT HANDS BOTH TOGETHER. ARE YOU BOTH GOING TO TESTIFY? YES. YEAH. MIGHT AS WELL DO IT TOGETHER. YEAH. DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE IN THIS MATTER BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES. 
          OKAY. AND EACH SEPARATELY STATE YOUR FULL NAME AND SPELL YOUR LAST NAME FOR THE RECORD, PLEASE. JOHANN. JUNIOR. ASHLEY. JOHN, DO YOU WANT ME TO SPELL IT, PLEASE? JIJON, THANK YOU. 
          JOHN AND MR. HOW DO YOU PRONOUNCE YOUR LAST NAME AGAIN I APOLOGIZE. IT'S ON THIS. YEAH, YEAH. ALL RIGHT. I WAS I WAS PRETTY FAR OFF, BUT, YOU KNOW, I WAS PRETTY GOOD. ALL RIGHT, ALL RIGHT. YES. ALL RIGHT. GREAT. ALL RIGHT. SO IS THE TV WORKING? I TURNED IT ON. ARE YOU CONNECTED? DID YOU CONNECT IT TO THE HDMI CABLE? WAIT FOR IT. IS IT TV ON? IT'S ON, IT'S ON. I SEE THE LITTLE LIGHT ON THE BOTTOM. WHERE'S MIKE WHEN YOU NEED. IT? IN THE RIGHT INPUT? I DON'T THINK IT IS. YEAH. IT'S USUALLY FOR. YEAH. JP SAYS IT'S NOT. IT'S NOT. 
          IT'S A LITTLE BLANK SCREEN. IT WAS ON FOR. THIS IS YOUR DEPARTMENT. THAT'S WHAT I WOULD HAVE TRIED. MIKE'S GOT IT JUST FINE. THERE YOU GO. IS THAT IT? YEP. THAT'S ME. OKAY. THANK YOU MIKE. ALL RIGHT. SO LET'S START BY HAVING YOU JUST KIND OF GIVE US A LITTLE EXPLANATION OF WHY YOU'RE HERE AND THE VARIANCES THAT YOU'RE SEEKING. YES. SO WE INSTALLED A ABOVE GROUND POOL IN OUR BACKYARD, AND WE LEARNED THAT WE CROSSED THE THRESHOLD ON HOW MUCH WE CAN BUILD ON THE 
          [00:05:05]
LAND THAT CAME TO LIGHT AFTER WE PUT UP THE POOL. OKAY, SO NOW WE'RE GOING AFTER THE ADJUSTMENT SO WE CAN KEEP THE POOL UP. OKAY? OKAY. SO. AND AND WHO WHO PUT THE POOL UP FOR YOU? I DID, YEAH. OH, YOU PUT IT UP YOURSELF. YES. OKAY. AND YOU WERE JUST UNAWARE OF. I WASN'T AWARE OF THE, LIKE THE 40% AND I WASN'T AWARE THAT I WAS ALREADY AT MAX OR ABOVE MAX, ACTUALLY. OKAY. SO HOW DID THAT COME TO LIGHT? LIKE, HOW DID YOU THE, THE DAY THAT THE INSPECTOR KNOCKED AT THE DOOR, HE SAID SOMEBODY HAD CALLED THE TOWN AND HAD MADE YOU THE TOWN, AWARE THAT I WAS PUTTING UP A POOL IN THE DECK. SO HE ASKED TO COME SEE. SO I JUST ALLOWED HIM TO THE BACKYARD TO TAKE A LOOK AT IT. OKAY, THAT WAS A FRIDAY. I CAME TO TOWN ON THE FOLLOWING MONDAY AND THEN ANOTHER INSPECTOR CAME TO THE HOUSE. TONY. ANTHONY. VERA. 
          THANK YOU. YEAH. HE LOOKED AT THE POOL. HE SAID, LET'S GO TO TOWN. WE'RE GOING TO JUST DON'T DO ANYTHING. DON'T JUMP IN THE POOL. CLOSE THE POOL. SO THAT'S WHY I DID IT. I WAS TOLD WE COVERED THE POOL AND HAVEN'T TOUCHED THE POOL SINCE. JUST SO WE CAN GET THROUGH THE PROCESS OF GETTING UP TO. OKAY. ALL RIGHT. SO WE AS A BOARD, WE ARE WE REVIEW THE APPLICATION AS IF IT HASN'T HAPPENED. OKAY. SO WHY DON'T YOU TAKE US THROUGH A LITTLE BIT ABOUT WHAT YOU BUILT, RIGHT? GIVE US THE DETAILS, HOW YOU'RE GOING TO USE IT, THINGS LIKE THAT. SURE. YEAH. SO SURE. 
          I GUESS THIS IS THE SITE. SO THE POOL IS RIGHT BEHIND MY GARAGE, SO YOU CAN'T REALLY SEE IT FROM THE FRONT OF THE HOUSE AT ALL. AND IT KIND OF MORPHED INTO A DECK. THE PLAN WAS TO PUT JUST A A LADDER, BUT ONCE WE PUT THE LADDER, WE HAVE 210 YEAR OLD KIDS. SO AND WE HAVE FRIENDS WITH SAME AGE. THE LADDER WASN'T VERY SAFE, TO BE HONEST, LIKE ANY PLASTIC LADDER, WAS IT NOT? SO WE STARTED PUTTING A DECK UP AND BECAME IT WAS MORE OF A PLATFORM, BECAME A DECK. NOW I PUT THE FENCE BECAUSE IT IS A 54 INCH TALL POOL. SO ANYTHING UP THERE, LIKE IF I DON'T HAVE THE FENCE, IT WASN'T GOING TO BE SAFE AT ALL. SO I WANTED MY KIDS TO BE SAFE, YOU KNOW, PUT THE DECK. IT'S NOT MY FIRST BULLDOG I'VE BEEN AROUND. SO WE PUT THE DECK, PUT THE FENCE, AND IT KIND OF MORPHED INTO WHAT WE HAVE RIGHT NOW. AND ONCE WE WERE TOLD TO STOP, THAT'S KIND OF WHERE IT KIND OF LIKE, YOU KNOW, IT IS JUST LIKE THAT. AND HERE WE ARE. 
          OKAY, MAYBE TALK A BIT ABOUT THE SIZE OF THE DECK. THE HEIGHT WAS GOOD, THE SIZE OF THE POOL. LIKE GIVE US SOME. YEAH. THE POOL IS A 12 BY 16 OVAL BY 54 HIGH. THE DECK IS ABOUT 75FT■!S. DECK TOP AND A KIND OF AN OVAL. SO IT'S NOT A FULL SQUARE BECAUSE IT IS AROUND JUST THE SIDE OF THE POOL, AND IT DOESN'T GO ALL THE WAY AROUND IT. LIKE IT'S JUST ON THE FRONT OF, YOU KNOW, ON THIS SIDE OF THE INTO A LITTLE BIT BEHIND THE GARAGE, BUT IT IS 75FT■!S WITH THE STEPS COMING DOWN ONTO THE CEMENT PLATFORM THERE FOR STABILITY. AND THEN THE FILTERS ARE BEHIND THE GARAGE, WHICH ARE SHOWN. I SEE IT, WE SEE IT ON THE DRAWING ON THE YOU'RE SEEING YOU'RE SEEING THE SURVEY ON THE SURVEY. IT'S CLEARLY DEPICTED ON THERE. AND THEN THERE IS THE. YEAH. SO THIS IS THE, THE POOL ON THE TOP. YOU CAN SEE HERE A LITTLE BIT OF THE DECK WHERE IT GOES BEHIND THE, THE, THE GARAGE AND WHERE YOU'RE GOING TO SEE THE FENCE ON THE LEFT. THAT'S WHERE THE FILTER AND THE FILTER AND THE HEATER ARE RIGHT NEXT TO IT ON THE, ON THE GROUND. AT LEAST 18IN AWAY FROM THE GARAGE. AT THE SAME. AT THE SAME LINE AS MY GARAGE FROM MY FENCE ALSO. THE POOL IS TEN FEET AWAY FROM BOTH SIDES, FROM THE BACK AND THE SIDE OF THE SIDE FENCES. OKAY, ANYTHING FURTHER LIKE YOU WANT TO HOW THE POOL IS GOING 
          [00:10:01]
TO BE USED? YEAH, HOW THE POOL IS GOING TO BE USED. THEY LIKE TO SWIM. YEAH, WE DID IT FOR THAT PURPOSE. SO OKAY, THEY WOULD USE THE POOL. ALL RIGHT. LET ME SEE. MIKE, WAS THERE ANYTHING ELSE ON THE ENGINEERING REPORT YOU NEEDED READ INTO TESTIMONY? NO, I WOULD JUST GET INTO TESTIMONY. THE IMPROVED LOT COVERAGE. THEY'RE GOING TO BE AT 51.29. 
          THAT INCLUDES THE SMALL MULCH PLAY AREA WHERE 40% IS PERMITTED. IT SHOULD BE NOTED THAT THE IMPROVED LOT COVERAGE PRIOR TO THIS WORK WAS ALREADY EXCEEDING 40%. IT WAS AT 45.27. 
          SO GOING FROM 45.27 UP TO 51.29. ALL RIGHT. SO IT WAS PRE EXISTING NON-CONFORMING. IT WAS ALREADY NON-CONFORMING CORRECT. MIKE WHY IS THE MULCH. YEAH. OH I IF I CAN GET THE WI-FI I'LL WAIT SIR. I'M SORRY. THERE'S A QUESTION OF THE ENGINEER. I'M SO SORRY. ANYTHING MAN MADE IS IS IMPROVED LOT COVERAGE. SO YOU KNOW IF YOU HAD PLAY AREA, IF YOU HAVE A PLAY SWING SET THAT SHOULD ALL BE INCLUDED IN IMPROVED LOT COVERAGE. EVEN IF IT DRAINS THROUGH. YEAH, IT'S NOT DIFFERENT TOWNS. SOME TOWNS HAVE IMPERVIOUS COVERAGE. WE DON'T HAVE THAT. WE HAVE IMPROVED LOT COVERAGE. SO ANYTHING IMPROVED IS MAN MADE. OKAY. THANK YOU. YEP. OKAY. 
          QUESTIONS FROM THE BOARD FOR THE APPLICANT. STEVE. YEAH. HOW DEEP IS THE POOL? YOU SAID IT'S 192FT■!S, RIGHT? 12 BY 16. BUT HOW DEEP IS IT? HOW MUCH WATER IS 50? WELL, FROM THE TOP, FROM THE EDGE OF THE THE LIP OF THE POOL TO THE BOTTOM IS 54IN. HOW MUCH WATER DO YOU KEEP IN? I KNOW YOU GOT WHAT DO YOU SAY, TEN YEAR OLD KIDS. YEAH YEAH YEAH. SO I DON'T YOU DON'T FEEL TO THE TOP SKIMMER IS PROBABLY ABOUT AN INCH AND A HALF FROM THE LIP. I KEEP ANOTHER INCH UNDER SO THE WATER CAN FLOW. SO MY KIDS CAN STAND WITH ABOVE WATER ABOUT FOUR FEET THEN PROBABLY. YES. OKAY. YES. ALL RIGHT. SO THAT'S ALL RIGHT. ABOUT 5760 GALLONS. SO WHAT, WHAT, WHAT HAPPENS IF LIKE IF THE POOL LIKE BURSTS? I SEE THERE'S A BIT OF A SLOPE THERE. 
          LIKE WHERE WOULD THE WATER GO IF THAT IF THE IF THE POOL BREAKS OR SOMETHING LIKE THAT HAPPENS, LIKE WOULD IT GO ONTO YOUR NEIGHBOR'S PROPERTY? IS THERE WHAT IT WOULD IT WOULD IT WOULD GO ON THE GRASS AND THEN THE OVERFLOW WILL GO EITHER TO THE SIDES, TO THE BACK OF THE HOUSE. OKAY. ALL RIGHT. SO THERE'S NO LIKE ROCK WALL. THERE'S NOTHING LIKE THAT RIGHT OVER THE FENCE. LIKE BEHIND. YEAH, YEAH. LIKE THERE'S NOTHING LIKE THERE'S NO LIKE RETENTION WALL OR SOMETHING LIKE THAT. THERE'S NOTHING BORDERING THAT FENCE ON THE OTHER SIDE. LIKE NO MAKES IT HIGHER. IT JUST FLOWS. NO, NO, NO, THAT MAKES IT HIGHER. NO, I'M AT THE TOP. I'M ON TOP OF THE HILL. OKAY. DOES THIS POOL IT'S GOT A MOTOR OBVIOUSLY. 
          RIGHT. SO YOU DID PLUMBING AND ELECTRICAL YOURSELF. YES. OKAY. DID YOU GET PERMITS FROM THE TOWN? NOT YET. OKAY. SO. OKAY. ARE THE YOU DONE? YEAH. THANK YOU. I'M GONNA SIT DOWN HERE. 
          HOLD ON ONE SECOND. DID YOU HAVE ANY QUESTIONS? JUST QUESTIONS ABOUT RUNOFF WHEN YOU GET A HEAVY RAIN. I MEAN, THAT'S THE CONCERN IS THIS LOT COVERAGE IS THAT THERE'S NOT ENOUGH GROUND TO ABSORB ALL THE WATER. WHAT HAPPENS WHEN YOU GET A HEAVY RAIN? I SO I HAVE TO FLUSH THE POOL. I DON'T I'M NOT TALKING ABOUT THE POOL, JUST IN GENERAL TO THE YARD. 
          WELL, MY MY YARD DOESN'T LIKE I DON'T HAVE STANDING WATER. SO IN THE PAST COUPLE OF WEEKS THAT RAINED A LOT. I DON'T HAVE A LOT OF LIKE, I DON'T HAVE STANDING, I DON'T HAVE STANDING WATER IN MY BACKYARD. OKAY, OKAY. IS THAT BECAUSE IT'S RUNNING OFF INTO YOUR NEIGHBOR'S YARDS BECAUSE YOU'RE, OR THE, OR THE SOIL IS JUST, YOU KNOW, SOAKING THE WATER. 
          BUT I DON'T HAVE LIKE, I DON'T WALK IN MY BACKYARD WHERE I CAN SEE PUDDLES THAT THAT REALLY COMES DOWN TO THE TYPE OF GROUND IT IS, RIGHT? LIKE I HAVE AN ACRE WITH NONE OF THIS. 
          WELL, HE'S GOT, HE'S GOT TO ANSWER THOUGH, LIKE, SO LET, LET, DON'T. YEAH. HE DID. YEAH. 
          HE ANSWERED. OKAY, SO I'LL JUST I THINK YOUR LINE OF QUESTIONING IS LIKE, IS HIS IS THE RUNOFF GOING INTO THE NEIGHBOR'S YARDS? YOU KNOW, YOU'RE TALKING LIKE, LET'S SAY CLOSE TO 5000, 6000 GALLONS OF WATER. THE RUNOFF WOULD GO INTO HIS NEIGHBOR'S PROPERTY. YEAH, THAT'S A CONCERN. BUT THE PERMITS, I'M SURE, YOU KNOW, HE CAN WORK OUT WITH THE TOWN. 
          THEY CAN JUST COME AND CHECK THE PHONE. YEAH, WELL, YEAH, SURE. THAT STUFF IS SAFE. BUT WHAT HAPPENS IF THAT THING, THESE THINGS DO BURST, RIGHT? SO LIKE, WHAT HAPPENS WITH THAT? YOU KNOW, I SEE THERE'S NO TREES NEAR IT. LOOKS GOOD. DOESN'T SOUND LIKE ANYTHING PHYSICAL WOULD SMACK INTO IT AND CRACK IT OPEN, I DON'T KNOW. YEAH. JUST SAFETY. YEP. OKAY. 
          COME ON. ARE WE ALLOWED TO ASK QUESTIONS LIKE. ARE THERE FOOTINGS FOR THE DECK? YEAH. 
          YES. OKAY. AND THEN THE OTHER THING WOULD BE ARE THE IS THE FILTER AND HEATER. DOES IT HAVE, 
          [00:15:05]
IS IT ON A PLATFORM OR IS IT JUST ON THE GROUND IS LIKE A RAISED PAD FOR THE ON ON BLOCKS. 
          BLOCKS. OKAY. CORRECT. THAT'S ALL. THE POOL THAT YOU INSTALLED WAS NEW WHEN YOU BOUGHT IT. YES. OKAY. AND THE FILTER IS A SAND FILTER IS CORRECT. SO I'M FAMILIAR WITH MY PARENTS HAD ONE OF THESE FOR ABOUT 25 YEARS. I CAN TELL YOU, WE BEAT THE CRAP OUT OF IT AND IT NEVER BURST. SO YEAH, I DON'T, I, I CAN PULL UP IF YOU GUYS NEED TO SEE THE, THE, THE PICTURES OF THE, OF THE, I JUST NEED TO GO ON MY, ON MY EMAIL. I THOUGHT I HAD DOWNLOAD THOSE PICTURES. OKAY. ANY OTHER QUESTIONS? OKAY. MR. TAYLOR, YOU MENTIONED THAT YOU GUYS ARE ON KIND OF A HILL. YEAH. THE NEIGHBORS BEHIND TO THE SIDES. ARE YOU ABOVE OR BELOW FROM A GROUND STANDPOINT? BELOW MY MY BACKYARD NEIGHBORS BELOW US. SO THERE. SO BASICALLY, YOU'RE ALL RIGHT. THE QUESTION IS NOT THE CONCERNS ABOUT THE POOL BECAUSE THOSE THINGS ARE RELATIVELY STURDY. BUT IN HEAVY RAINS, IF YOU'RE NOT GETTING ANY PUDDLING OR FLOODING, THAT MEANS THAT IT'S GOING ELSEWHERE. I'M ASSUMING. SO PROBABLY INTO NEIGHBORS YARDS AND THINGS LIKE THAT. IS THAT THAT'S REALLY THE CONCERN A LOT OF TIMES IS THAT I DO HAVE A LOT OF LIKE ROCKS IN THAT AREA. I DON'T KNOW IF THAT HAS TO DO WITH THE FILTERING OF THE WATER AND WHY WE DON'T GET PUDDLES. YEAH, I'M NOT SURE. I MEAN, THE CONCERN WITH THE IMPERVIOUS COVERAGE IS, IS WHERE DOES THE WATER GO WHEN WE GET A HEAVY RAIN? RIGHT? YOU'RE NOT RECHARGING THE TABLE, THE WATER TABLE, BECAUSE IT'S RUNNING SOMEWHERE ELSE. AND WE ALWAYS WANT TO BE COGNIZANT OF THE NEIGHBORS AND MAKE SURE THAT STUFF ISN'T PUDDLING IN THEIR YARDS, ESPECIALLY IF THEY'RE DOWNHILL FROM YOU. NOT SO MUCH WHERE, YOU KNOW, THE POOL COLLAPSING, 5000 GALLONS POURING ON THEM, BUT REPEAT, RAIN, PUDDLING AND ERODING THEIR YARDS IS ALWAYS A BIG CONCERN. SO IN THAT VEIN, I DON'T SEE ANY GUTTERS OR LEADERS ON THE GARAGE. DO YOU HAVE ANY PLACE WHERE THE WATER IS BEING DIRECTED OR IS IT FOR FOR THE GARAGE? YEAH. NO, I INHERITED LIKE THAT. I HAVEN'T TOUCHED YET. OKAY. AND THEN YOU DON'T HAVE ANY. DO YOU HAVE ANY DRAINS OR DRAINAGE ON THE PROPERTY ITSELF. DO YOU HAVE ANY SEEPAGE TANKS LIKE. NO, NO, NO. LIKE FRENCH DRAINS. OKAY. NO. YEAH. NO. WHY DON'T WE LIKE ON THIS TOPIC, MIKE. MAYBE YOU CAN SHED SOME LIGHT, LIKE OBVIOUSLY THE CONVERSATION AROUND WATER RUNOFF AND DRAINAGE. AND CAN YOU, CAN YOU TALK ABOUT THAT A LITTLE BIT WITH SUTHERLAND? SO I CAN SAY THAT WE HAVE NOT RECEIVED ANY COMPLAINTS FROM ANY OF THE NEIGHBORS. AND I WOULD EXPECT THAT IF WE DO GET ANY COMPLAINTS IN THE FUTURE THAT YOU GUYS WOULD HAVE TO ADDRESS IT, PUT IN SOME ON SITE DRAINAGE. YEAH, SWALE ON YOUR PROPERTY, THINGS LIKE THAT. 
          TYPICALLY, WE DON'T REQUIRE DRAINAGE UNLESS YOU'RE CREATING MORE THAN 1000FT■!S OF NEW IMPERVIOUS AREA. THE NEW IMPERVIOUS AREA HERE IS ABOUT 450FT■!S. SO FROM A FROM A DRAINAGE STANDPOINT, YOU KNOW, I WOULD EXPECT THAT IF WE DO GET ANY COMPLAINTS THAT THEY'LL HAVE TO ADDRESS IT. BUT LIKE I SAID, WE HAVEN'T RECEIVED ANY. WOULD THAT NEED TO BE A CONDITION OR YOU CAN MAKE A CONDITION OR IT COULD BE PART OF THE RECORD EITHER WAY. OKAY. 
          AND THEN WITH RESPECT TO, YOU KNOW, IF THE POOL WAS TO BREAK, THAT WOULD BE HANDLED AS ANY OTHER PROPERTY DAMAGE. YOU KNOW, SOMEBODY, SOMEBODY PUTS UP SOMETHING ON THEIR PROPERTY AND IT, AND IT FALLS AND BREAKS. THEIR NEIGHBOR BREAKS THEIR NEIGHBOR'S FENCE, OR THEY HAVE A TREE THAT FALLS FROM THEIR PROPERTY AND DAMAGES THEIR NEIGHBOR'S PROPERTY. IT'S NOT A TOWN MATTER. IT REALLY BE BETWEEN THE TWO PROPERTIES. PROPERTY OWNERS, YOU KNOW, IF YOU CAUSE DAMAGE TO YOUR NEIGHBOR'S PROPERTY, IT'S IT'S THAT ISSUE, YOU KNOW, IT'S, IT'S THEIR ISSUE, RIGHT? BUT WITH RESPECT TO DRAINAGE, YOU KNOW, WE DO CONSIDER THE POOL TO BE PART OF THE NEW IMPERVIOUS AREA. THE NICE THING IS, YOU KNOW, YOU'RE GOING TO HAVE FREEBOARD ON THE POOL BEFORE IT OVERFLOWS. BUT, YOU KNOW, WE DO CONSIDER IT TO BE IMPERVIOUS. YOU KNOW, IF YOU HAVE A COVER ON IT AND IT JUST RUNS OFF. BUT I'M NOT OVERLY CONCERNED ABOUT DRAINAGE AT THIS POINT. OKAY, GREAT. THANK YOU FOR THAT. OKAY. OTHER QUESTIONS FOR THE APPLICANT. GO AHEAD. MR. KASPARIAN, DO YOU KNOW THE DRAWING DOESN'T SHOW IT? DO YOU HAVE A DIMENSION OF WHAT THE DISTANCE IS BETWEEN THE REAR OF THE POOL TO THE FENCE? YES, IT'S TEN FEET. BOTH FENCES, THE REAR, THE REAR FENCE AND THE SIDE FENCE IS TEN FEET. OKAY, OKAY. NOW, PRIOR TO THE POOL CONSTRUCTION. YOUR SURVEYS INDICATING 45.27% OF LOT COVERAGE ALREADY NON-CONFORMING WHEN YOU BOUGHT THIS PROPERTY WAS THE EXISTING WAS THE 303 SQUARE FOOT GARAGE IN PLACE. IT WAS ALL EXISTING. EVERYTHING WAS EXISTING UNTIL UNTIL I JUST DIDN'T COME UP AS A RED FLAG DURING THE SURVEY OR THE CLOSING OR ANYTHING. NO, NO. 
          [00:20:01]
UNFORTUNATELY. NON-CONFORMING. NO. OKAY. THAT'S IT. YEAH, IT DOES HAPPEN. IT'S AN ODD, YOU KNOW, UNLESS THERE'S RESOLUTIONS OR, YOU KNOW, FROM PRIOR MEETINGS, BUT THEY WOULD BE PART OF OUR PACKET. SO. ALL RIGHT, GUYS, ANY OTHER QUESTIONS? MR. I'M JUST VERY CONFUSED BY THAT. SO WHEN YOU DO A SALE OF A HOUSE AND GET A SURVEY AND EVERYTHING, AND THERE'S THINGS THAT ARE NON-CONFORMING THAT DOESN'T COME UP LIKE, NO, I THINK THAT'S FOR MR. CONTI. YEAH. THE TRUTH OF THE MATTER IS THE SURVEY JUST SHOWS WHERE THE BUILDINGS ACCESSORY STRUCTURES ARE ON THE LOT, AND IT'LL SAY THREE FEET, IT'LL SAY HOW MANY FEET OFF THE SIDE YARD, BUT IT WON'T SAY THAT THE REQUIRED IS TEN FEET. THE SURVEY JUST SHOWS WHERE THEY ARE ON THE PLOT PLAN. INTERESTING. ESPECIALLY IN THIS NEIGHBORHOOD WHERE THE CONSTRUCTION'S OLDER. LIKE, YEAH, BECAUSE ZONING LAWS CHANGE OVER TIME. LIKE SOMETIMES YOU GET A SURVEY 60, 70, 80 YEARS OLD. AND, AND IT SHOWS WHERE THE LOCATION OF EVERYTHING IS. AND THEN IT MIGHT HAVE ALL BEEN CONFORMING. AND THEN WE'VE SINCE UPPED THE REQUIREMENTS AND NOW IT'S A GREATER SETBACK. AND THAT'S JUST WHERE THE ITEMS ARE. OKAY, MAYBE MIKE CAN HELP WITH THIS. HOW FAR DOES A POOL HAVE TO BE FROM AN ACCESSORY STRUCTURE? IT HAS TO BE TEN FEET UNLESS IT'S ATTACHED TO THE STRUCTURE. SO THE DECK QUALIFIES AS BEING. I WOULD CONSIDER THIS, YOU KNOW, ALL CONTIGUOUS WITH THE DECK AND THE GARAGE. OKAY. THANK YOU. 
          YEAH. SO MIKE, YOU'RE IN AGREEMENT WITH THE VARIANCES THAT ARE BEING APPLIED FOR THESE. THOSE ARE ALL THE THAT'S EXHAUSTIVE OF WHAT IS NEEDED. YES. OKAY. ALL RIGHT GUYS, ANY OTHER QUESTIONS? NO. I WOULD JUST THROW IT BACK ONE MORE TIME TO YOU, MR. KELLY. AND IF THERE'S ANYTHING ELSE WE SHOULD BE CONSIDERING IN THE APPLICATION OTHER THAN WOULD WE APPROVE THIS IF IT WASN'T ALREADY BUILT OR NOT? NO. I WOULD JUST NOTE FOR THE RECORD THAT, YOU KNOW, SHOULD THIS BE APPROVED, THEY HAVE TO OBTAIN ALL NECESSARY BUILDING PERMITS. 
          OKAY. OR ALL PERMITS. ALL PERMITS, WHATEVER THEY ARE. YEAH, YEAH, YEAH. ELECTRIC. IF IT'S PLUMBING, YOU KNOW, 100%. ALL RIGHT. THANKS FOR THAT. OKAY. DID YOU HAVE ANYTHING YOU WANTED TO CLOSE WITH? NO, NO. ALL RIGHT. THANK YOU FOR YOUR TIME. YEAH. OKAY. ALL RIGHT, GUYS, LET'S. OH. I'M SORRY. I OPEN UP TO THE PUBLIC. HAVE ANY QUESTIONS FOR THE APPLICANT? THERE BEING NONE, WE WILL DISCUSS THE APPLICATION. ANYONE WHO WANTS TO START. SO I DROVE PAST THIS PROPERTY THE OTHER DAY. I MEAN, THESE LOTS ARE VERY, VERY SMALL, YOU KNOW, AND I CAN UNDERSTAND THE NEED FOR WANTING TO HAVE A POOL TO KEEP YOUR KIDS IN THE YARD. SO THE HOUSE IS GENERALLY IN GOOD REPAIR. IT LOOKS LIKE THE OWNERS ARE WORKING ON IT. SO, YOU KNOW, IT'S, IT'S HARD TO STAY WITHIN 40% ON A LOT LIKE THIS REMINDS ME OF MY FIRST HOUSE SOME 40 YEARS AGO. YEAH. FAIR ENOUGH. THANK YOU, MR. SITAR. ANYBODY ELSE? ANY COMMENTS? NO. JP GOOD, GOOD. COMING DOWN HERE. I JUST HAVE A QUESTION ABOUT WHICH VARIANCE THIS IS. THIS IS A C VARIANCE. YES. IS THIS A ONE OR WHAT'S WHAT'S ON THE WHAT'S BEING REQUESTED A ONE OR A TWO. I WOULD SUGGEST IT'S PROBABLY A VARIANCE YOU KNOW BECAUSE IT DOESN'T FALL WITHIN THE MEANING. IT'S THE THE LOTS NOT EXCEPTIONALLY NARROW OR ODD SHAPED OR WHATEVER. I THINK IT FALLS UNDER THE GENERAL C TWO REQUIREMENTS. OKAY. THAT'S WHAT I WAS THINKING. I JUST WANTED TO CLARIFY THAT, THAT IT WOULD BE A C TWO. YEAH. AND YOU KNOW WE GET HUNG UP ON THAT SOMETIMES AND SOMETIMES IT MAKES A LOT OF SENSE FOR THE BOARD TO SPECIFY. OTHER TIMES IT'S A C VARIANCE. OH, SOMETIMES YOU DON'T SPECIFY. 
          SOMETIMES YOU'D BE SURPRISED. OKAY. YEAH. I MEAN I DON'T KNOW WHAT. IN TERMS OF NARROWNESS WHEN IT'S A HARDSHIP VERSUS NOT. I MEAN THEY HAVE THE LOT WITH THE YOU KNOW, SO I, I DON'T I DON'T REALLY SEE IT AS A TRADITIONAL C ONE. I AGREE NOT TOPOGRAPHY. I WHATEVER. YEAH, I AGREE, I WILL SAY C TWO. THERE WE GO WITH THAT MR. LOCKWOOD MR. CHAIRMAN, ONE MORE THING. 
          YEAH GO RIGHT AHEAD. EVERY POOL DISPELS WATER RIGHT. AND RECYCLES IT GETS FRESH WATER IN. 
          WE FORGOT TO ASK WHERE THE WATER IS GOING FROM THIS POOL. WELL, IT WOULD HAVE TO BE. WELL, MAYBE I SHOULDN'T. YOU WANT TO ANSWER THAT? YEAH. CONNECTION TO THE SEWERS. WELL, HOW DO YOU BACKWASHING THE POOL? I RIGHT NOW I JUST DO IT STRAIGHT TO THE TO MY DRIVEWAY IN FRONT OF THE HOUSE. SO IT GOES OUT THE DRIVEWAY INTO THE STREET, DOWN TO SEWER. DO YOU HAVE A, DO YOU 
          [00:25:05]
HAVE A DRAINAGE TUBE OFF THE FILTER THAT TAKES IT TO THE. I HAVE A 200FT LONG OR 200 WHICH GOES TO THE DRIVEWAY. DRIVEWAY RUNS INTO THE. AND I BELIEVE. OKAY, WOULD THAT BE SOMETHING THAT THE TOWN WOULD CHECK OUT? WELL, GO AHEAD MIKE. YEAH, NO, BUT WE JUST ASK THAT YOU NOT DISCHARGE IT DIRECTLY INTO YOUR DRIVEWAY, DIRECT IT INTO YOUR FRONT FRONT YARD SO IT CAN PERC INTO THE GROUND. AND THEN WHATEVER EXCESS WILL GO DOWN INTO THE ROAD, WE DON'T WANT IT DIRECTED RIGHT INTO THE STORM DRAINAGE. UNDERSTOOD. OKAY, OKAY, COOL. THAT'S A GOOD POINT. 
          YEAH. ALL RIGHT. ANYTHING ELSE? GUYS? SO I AGREE. I LOOK AT IT AS IF THE POOL WASN'T THERE AND THEY WERE BEFORE US. I THINK I WOULD VOTE IN FAVOR OF IT. IT SEEMS TO ME LIKE IT'S A GOOD USE AND IT SATISFIES THE POSITIVE AND NEGATIVE CRITERIA. AND IT DOESN'T SEEM LIKE IT'S A DETRIMENT TO ANYBODY ELSE AROUND THEM. SO OBVIOUSLY, IT SOUNDS LIKE THE BOARD IS HAS A GOOD TENOR ON THIS, BUT LIKE LESSON LEARNED, WHENEVER YOU'RE CONSTRUCTING SOMETHING LIKE THIS, YOU MIGHT WANT TO GIVE PAUSE AND THINK ABOUT, DO I NEED A PERMIT FOR SOMETHING LIKE THIS? YEAH, YEAH. AND I GUESS WE'LL PUT IN, WE TALKED ABOUT THE PERMITS. THEY'RE GOING TO GO IN AS A CONDITION, RIGHT? CORRECT. SO ALL RIGHT. SO LET'S READ THE CONDITIONS ONE MORE TIME PLEASE, MR. CONTI, BEFORE WE VOTE. REALLY ALL I HAVE IS THEY WILL. ADDRESS ANY DRAINAGE ISSUES IF NECESSARY. AND ACCORDING TO THE BORN ENGINEER RECOMMENDATION, THE NOT BACKWASH TO FRONT YARD WILL BACKWASH TO FRONT YARD NOT DIRECTLY ONTO DRIVEWAY. THOSE ARE THE ONLY TWO I HAVE. OKAY. YEAH. AND THAT WAS THE PERMITS AS WELL. BUT I MEAN THE PERMITS KIND OF GO WITHOUT SAYING IS THAT I PUT THEM IN MY RESOLUTIONS EVERY TIME YOU'VE GOT IT, WHATEVER THE PERMITS ARE. BUT IT'S IN EVERY RESOLUTION YOU'LL BE REQUIRED TO. OKAY. ALL RIGHT WITH THAT, GUYS, DO I HAVE ANYONE WHO WOULD LIKE TO MOVE THE APPLICATION WITH THE. CONDITIONS AS OF MOTION? OKAY. TWO TO APPROVE. SECOND, MR. SITAR. OKAY. ROLL CALL, MR. CALAGIONE. YES. MR. KASPARIAN. YES. MR. LOCKWOOD. YES. MR. MOLFETTA. YES. MR. SITAR. YES. MR. TAYLOR. YES. MR. CANOVA. YES. OKAY. YOU'RE ALREADY BUILT. 
          POOL HAS BEEN APPROVED. YEAH. ALL RIGHT. USE IT IN GOOD HEALTH, GUYS. THANK YOU. ALL RIGHT, ALL RIGHT. I GET RID OF THE MULCH AREA. OKAY, GUYS, JUST TO KIND OF MOVE THIS ALONG, 
          [VII. WORK SESSION]
IS THERE ANY REASON TO MOVE INTO WORK SESSION? DOES ANYONE HAVE ANY DISCUSSION ON NEW BUSINESS OR OLD BUSINESS OR ANY ITEMS FOR DISCUSSION AT ALL. I DO YOU DO. OKAY. SO MOTION TO MOVE INTO WORK SESSION. I'D LIKE TO MAKE A MOTION TO MOVE INTO WORK SESSION. OKAY. SECOND MR. TAYLOR, ALL IN FAVOR I OKAY, WE ARE IN WORK SESSION. PLEASE GO AHEAD, MR. KASPARIAN. SO WE HAD AN APPLICANT BEFORE US TO BUILD. GOOD LUCK. THANK YOU. YEAH. THANK YOU. HAVE A GOOD NIGHT. SORRY. GO AHEAD. BUILD WHAT WAS GOING TO BE, WE WERE TOLD THEIR HOME OF CHOICE AT THE INTERSECTION OF EAST MAHWAH AND MILLER. OKAY. AND IT WASN'T SUCH. THEY BUILT IT TO SELL IT. 
          SO THEY GOT A VARIANCE TO OVERSIZE OVERBID OVER BUILD THE PROPERTY BASED ON A VARIANCE. 
          AND THEY'RE SELLING IT AS JUST AS AN INVESTMENT PROPERTY. SO I TAKE OFFENSE TO THAT BECAUSE THEY CAME BEFORE US SAYING WE WERE GOING TO MOVE IN. THIS WAS OUR HOUSE OF CHOICE. WE WANT TO LIVE THERE. WE JUST NEED THE HOUSE TO BE BIGGER SO WE CAN ENJOY THE HOUSE FOR ITS PROPERTY. WE APPROVE THE VARIANCE. BEFORE IT WAS BUILT, THERE WAS A FOR SALE SIGN IN THE IN THE CORNER OF THE LOT. RIGHT NOW, I KNOW THIS BECAUSE I WAS ON A PROJECT AROUND THE CORNER, SO I SAW IT. I SEE THAT HOUSE ALL THE TIME, RIGHT? YEAH. DO WE KNOW WHERE, WHERE OR HOW OR WHEN DO WE GET ABLE TO PASS SOME KIND OF ORDINANCE OF THE FACT THAT THE HOMEOWNER NEEDS TO RESIDE IN THAT HOME? SO, SO MAYBE YOU SHOULD ANSWER THAT DIRECTLY. MY OPINION ON THAT IS THAT WE SHOULDN'T REALLY APPROVE IT BASED OFF OF THE FACT THAT THEY JUST BECAUSE IT'S THEIR DREAM HOME. WELL, WE, BUT WE GAVE IN TO THE, WE, THE BOARD APPROVED TO THE FACT THAT THEY NEEDED A VARIANCE TO BUILD X SIZE HOUSE ON AN X SIZE LOT. RIGHT. GOING BIGGER THAN THE LOT COVERAGE ALLOWED. YEAH. GO AHEAD, MR. CONTI. SO THERE'S WHAT'S CALLED RESTRICTION ON 
          [00:30:02]
ALIENATION LAWS WHERE YOU CAN'T RESTRICT JUST BECAUSE YOU THINK SOMEBODY'S GOING TO DO SOMETHING. I THINK THE BETTER APPROACH IS WE APPROVE APPLICATIONS ONLY IF THEY MAKE SENSE PURSUANT TO THE TO THE STATUTE AND THE ORDINANCE. AND IF WE APPROVE THEM, WE APPROVE THEM, AS IS. NOTABLY IF THOSE APPLICANTS COME BACK NOW, THERE'S A CREDIBILITY ISSUE. IF THEY COME BACK TO BUILD THE NEXT HOUSE, AND SOMETIMES YOU GET DUPED. I HAVEN'T HAD THAT TOO MANY TIMES IN MY CAREER, BUT IT HAPPENS. SO PEOPLE GET SWORN IN, THEY TAKE AN OATH, THEY TESTIFY AS TO WHAT THEY'RE GOING TO DO, AND YOU HOPE THAT'S WHAT THEY'RE DOING. NOW. 
          MAYBE THEY HAD FINANCIAL DIFFICULTIES. OR SOME OTHER REASON, WHICH IS WHY YOU CAN'T PUT THESE RESTRICTIONS IN CAN EVEN BE A CRITERIA THOUGH. I MEAN, I DON'T I DON'T REMEMBER THE IT'S NOT OUR JURISDICTION. NO. YEAH, I DON'T I DON'T REMEMBER THE APPLICATION. BUT I MEAN, IS THAT A TIPPING POINT FOR US. NO, IT IT SHOULDN'T BE A POINT FOR US. LIKE IT SHOULDN'T BE SOMETHING WE IT'S NOT OUR PURVIEW. LIKE YOU'LL HEAR A LOT OF TIMES PEOPLE COMING IN AND SOMETIMES YOU CAN CIRCUMVENT ZONING, SOMETIMES BY SOMETHING BEING AN INHERENTLY BENEFICIAL USE. RIGHT. AND WE'LL HAVE CASES LIKE THAT IF YOU'RE ON THE BOARD LONG ENOUGH AND THERE'LL BE ARGUMENTS OVER WHETHER IT IS OR IT ISN'T. RIGHT. THAT'S ONE AREA. ANOTHER AREA IS PEOPLE WE HAD RECENTLY. WE HEAR IT ALL. THEY WANT TO AGE IN PLACE. SO IT ADVANCES THE ML YOU WELL, RIGHT. BECAUSE THAT'S SOMETHING THE ML YOU ALL PUT OUT. SO THEY ARGUE THAT SO THAT WE AS A BOARD HEAR IT. AND WE TRY TO CONSIDER THAT IN WEIGHING OUR VERDICT, YOU DON'T HAVE TO YOU CAN HAVE AN OPINION. LIKE, YOU KNOW WHAT, THAT'S NOT SOMETHING THAT I AGREE WITH, BUT IT IS A GOOD IDEA. AND CORRECT ME IF I'M WRONG, I MIGHT BE SPEAKING OUT OF TURN. 
          BUT LIKE I ALWAYS BELIEVE IT'S GOOD TO CALL INTO QUESTION WHEN YOU DON'T AGREE, LIKE CALL LIKE THE OTHER. SOMEONE WAS TALKING THE OTHER DAY ABOUT THE LIGHT, AND I FOUND THE REPORT TO BE NOT IN. I WAS NERVOUS ABOUT THE REPORT, SO I JUST PUT IT ON THE RECORD THAT THIS REPORTS FROM THE MANUFACTURER. NOW, MR. KELLY WAS QUICK TO CORRECT ME, WHICH IS GOOD BECAUSE HE'S AN ENGINEER AND I'M NOT, BUT I STILL WANTED TO CALL IT INTO QUESTION AND I WANTED IT TO BE ON THE RECORD. SO IF SOMEBODY SAYS SOMETHING LIKE THAT, LIKE, OH, WE'RE GOING TO STAY HERE, YOU COULD CALL IT INTO QUESTION RIGHT THERE. AND THEN, YOU KNOW, OR DON'T USE IT AS A REASON TO APPROVE. DO WE KNOW THAT THEY'RE FLIPPING THAT THEY'RE NOT JUST GETTING DIVORCED OR JOB TRANSFER OR I MEAN, DO WE HAVE ANY I'M JUST WONDERING IF YOU KNEW PERSONALLY. NO, I DON'T KNOW. I HAVEN'T HAD ANY DIRECT DATA. IT'S WHAT I'VE OBSERVED. OKAY. SO I CAN JUST SAY THAT I SAW IT. WE APPROVED IT. THEY IMMEDIATELY WERE THEY WERE CONSTRUCTING WITHIN WEEKS OF OUR APPROVAL. AND AND THEN IT WAS JUST IT WAS BUILT. IT WAS A SPEC HOUSE. AND THEN A FOR SALE SIGN WENT UP AND IT WAS IN BAD TASTE. YEAH. SO LET ME ASK YOU SOMETHING CHRISTIAN TOO, BECAUSE IT'S A GOOD IT'S A GOOD CONVERSATION. LIKE WHEN YOU LOOK AT THAT HOUSE NOW, DO YOU FEEL LIKE HOW DO YOU FEEL ABOUT THE HOUSE ON THE LOT? I DON'T KNOW HOW IT SITS. IT'S I DON'T FEEL THAT IT'S I THINK THIS APPLICATION IS TEN TIMES WORSE OF WHAT'S GOING ON THERE. 
          I DON'T FEEL THAT WHEN YOU LOOK AT THE HOUSE, BECAUSE IT DOES HAVE. AND IT'S A CORNER LOT. SO IT'S GETTING IMPLICATED BY ALL THE DIFFERENT SETBACKS. BUT WAS THAT THE BIG ONE THAT WAS BUILT? YEAH, IT'S FRONT YARD WHICH IS EAST MAHWAH SEEMS PLENTIFUL. THERE'S A BIG, BIG PATCH OF GRASS AND THEN LEFT THE BACKYARD OR THE SIDE YARD, DEPENDING ON HOW THE HOUSE IS LAID OUT. PAST THE GARAGES IS A PATCH OF GRASS AND JUST CLEARED AREA. YEAH, PLENTY OF YARD. I FEEL. I FEEL IT FITS THE IT FITS FINE. MY, MY ONLY PROBLEM WITH IT IS THE FACT THAT WE WERE DUPED IN THE FACT THAT THIS WAS A I'M BUILDING IT FOR ME THING AND THEY GOT A VARIANCE TO MAKE IT BIGGER AND FLIPPED IT. YEAH. OKAY. THAT'S WHERE THAT'S WHERE I TAKE OFFENSE. I UNDERSTAND I DON'T TAKE OFFENSE THAT THE HOUSE LOOKS THE HOUSE I THINK THIS SIZE VERY NICELY FOR THE LOT. YEAH. IS THAT IS ALL THAT GRASS ATTACHED TO THAT LIKE THAT CLEARED SPACE TO THE LEFT OF IT. YEAH. THAT'S ALL THAT. YEAH YEAH YEAH YEAH. I WAS SURPRISED THEY DIDN'T COME FOR A SUBDIVISION BECAUSE SO, SO YEAH, NOW WE KNOW WHY. BECAUSE THEY BUILT A BIGGER HOME. THERE WAS A DUMPY OLD HOUSE. OH YEAH. IT WAS DUMP, YOU KNOW, AND LIKE, AND THAT'S THE THING TOO, LIKE IN TERMS OF ADVANCING OUR MASTER PLAN, LIKE IT DOES THAT, YOU KNOW, SO THERE'S A LOT OF POSITIVE CRITERIA IN THAT HOUSE TOO. LIKE WHAT WAS THERE WAS DILAPIDATED. OH, NO, IT'S A BEAUTIFUL HOME. THAT ONE NICE HOUSE WENT UP VERSUS TWO THAT WERE JUST MAXED OUT 100%. I AGREE WITH THAT SCENARIO. YEAH. BUT I JUST I JUST TAKE OFFENSE TO BEING DUPED, YOU KNOW, THAT WE'RE, YOU KNOW, AGAIN, MAYBE, MAYBE AS MR. CURRY, YOU KNOW, WE WERE TOLD THAT MAYBE THEY DID GET A DIVORCE IN BETWEEN IT ALL. OH, NO. THE GUY WHO BUILT THAT IS A BUILDER. HE'S THE ONE WHO BUILT ON IT. YEAH. THE THAT WAS THE POINT, THOUGH. OKAY. 
          [00:35:03]
RIGHT. YEAH. YOU KNOW, SO SO THAT'S ALL. YEAH. NO, I GET IT. I WILL SAY THAT THE GOOD THING YOU CAN LOOK AT IS LIKE, I THINK IT'S A GOOD IT LOOKS IT WAS A GOOD VARIANT. THE VARIANCES THAT WERE GRANTED WERE APPROPRIATE. AND THE HOUSE IS A BEAUTIFUL HOME. AND AS A BOARD WE DID THE RIGHT THING OVERALL, EVEN IF THE GUY WAS NOT SO NICE. GUY SAID BAD THINGS WITH A JAUNDICED EYE. RIGHT? THAT'S THAT'S OUR ROLE. YEAH. YOU KNOW, LIKE, AND I LIKE TO SAY, YOU KNOW, THE PERSON THAT TOLD YOU LIFE WAS FAIR LIED TO YOU. YEAH. THAT'S TRUE. YEAH. SO I MEAN, THAT WE HAVE TO LOOK AT, YOU KNOW, WE'RE A QUASI JUDICIAL. WE SHOULD, YOU KNOW, NOT NOT HAVE OUR HEARTSTRINGS. OH, YOU KNOW, GRANDMA NEEDS, YOU KNOW, NICE, BUT NOT IMPORTANT. YEAH, I AGREE, IT'S OUR JOB TO UPHOLD CHARACTER TO LIKE. AND AGAIN, I USE MY OWN PERSONAL PROJECT AS A GUIDELINE FOR THIS, WHERE I WANTED TO BUILD SO MUCH OF MY BACKYARD. I WAS TOLD I WAS OVER LOT COVERAGE, SO I PULLED IT BACK, CAME IN UNDER 40% FOR THE R 40, AND I BUILT A YARD THAT I'M VERY HAPPY WITH TO THIS DAY, AND I'M HAPPY I DID THAT. I NEED THAT EXTRA TEN FEET OR SOMETHING. NO, BUT IT WAS JUST ANOTHER PIECE OF IT. SO I DIDN'T GO FOR A VARIANCE TO SAY, HEY, I WANT TEN MORE FEET OF PATIO BECAUSE I'M GOING TO DO THIS. NO, I PULL OUT A FIRE PIT. I ROLL IT IN A CORNER. I SIT NEXT TO A CHAIR AND I HAVE MY FIRE PIT PATIO. SO I'M GOOD WITH THAT. BUT AGAIN, MY POINT IS I DIDN'T GO TO OVERBUILD MY PROPERTY LIKE THIS APPLICANT HERE, WHICH AND AGAIN, THAT'S MY NEXT POINT OF BUSINESS IS, IS, IS THAT BUT THAT'S MY ONLY POINT IS LIKE, YOU KNOW, YEAH, GETTING DUPED AND WE'RE NOT, YOU KNOW, IF THEY'RE UNSCRUPULOUS, HEY, HOW DO WE KNOW IT? BUT STILL SOMETHING TO CONSIDER THOUGH IN THE FUTURE WE WERE BEING OPEN TO THEM SAYING, HEY, THIS IS MY ANCIENT PLACE. AND YEAH, I WANT IT TO BE BEAUTIFUL. OKAY, HERE, GIVE ME AN EXTRA FIVE FEET. GREAT POINT. IT'S A GREAT POINT. YOU TAKE EVERY APPLICATION AS THEY ARE AND YOU JUST TRY. YOU MAKE YOUR DECISIONS BASED ON REALLY WHAT WORKS PURSUANT TO THE ORDINANCE, TO OUR MASTER PLAN. 
          AND THAT'S IT. AND SOMETIMES WE DENY FOR THOSE REASONS. AND, YOU KNOW, SOMETIMES WE GRANT THAT ONE. YOU KNOW, THAT'S THE FIRST ONE I'VE HEARD IN A LONG TIME WHERE THEY REALLY, THEY, THEY REALLY MADE A REPRESENTATION ON THE RECORD. AND IT WASN'T UNTRUE. IT'S VERY UNUSUAL BECAUSE I THINK MOST PEOPLE BELIEVE IN THE OATH THEY TAKE, BUT IT'S MUCH WORSE. AND WE'VE HAD BUILDERS AND THIS GOES BACK TO THE REPUTATION THING WE'VE HAD. I DON'T KNOW IF YOU WERE ON THE BOARD YET, CHRISTIAN. WE'VE HAD PROBABLY TWO SINCE I'VE BEEN ON THE BOARD BUILDERS THAT HAVE WE APPROVE A THING AND THEY BUILD IT DIFFERENTLY. AND THEN MIKE CATCHES THEM AND THEN THEY HAVE TO COME BACK FOR A VARIANCE. THOSE ARE SUPER AWKWARD CONVERSATIONS, YOU KNOW. AND THEN THAT BUILDER HAS LOSES HIS CREDIBILITY WITH THE PLANNING BOARD AND THE ZONING BOARD. LIKE WE KNOW WE DON'T EVEN WANT YOU BUILDING HERE ANYMORE. 
          YOU'RE, YOU'RE, YOU'RE DEVIOUS, YOU KNOW? SO YEAH, BUT YEAH, IT'S A GOOD POINT. YEAH. GO AHEAD. OKAY. AND THIS APPLICATION IS PERFECT EXAMPLE OF IT. HOW DO WE OR WHEN, WHEN DOES IT NOT FALL THROUGH THE CRACKS THAT A PROPERTY IS NON-CONFORMING. IT'S OVERBUILT AT THE TIME OF PURCHASE. AND THE NEXT PERSON HAS ALL THESE GRAND ILLUSIONS THAT COME IN AND DO MORE RENOVATIONS TO IT? I CAN ANSWER THAT. IT'S UP TO THE PROPERTY OWNER OR THE PROPERTY OWNER TO DO THEIR DUE DILIGENCE. YOU KNOW, IF THEY HAVE CONCERNS THAT, HEY, THIS LOOKS LIKE IT'S A LOT OF LOT COVERAGE, I WANT TO PUT IN A POOL IN THE FUTURE. AND WE HAVE PEOPLE DO THAT ALL THE TIME. THEY, THEY, THEY'RE INTERESTED IN PURCHASING A PROPERTY. THEY SAY, HEY, I KNOW I WANT TO BUILD A POOL HERE. THEY REACH OUT TO OUR OFFICE AND SAY, HEY, WHAT, WHAT ARE THE REQUIREMENTS FOR A POOL? AND WE DIRECT THEM TO THE ZONING CODE. BUT A SURVEY IS NOT A ZONING ANALYSIS OF A PIECE OF PROPERTY. WHEN YOU GET WHEN YOU PURCHASE A PIECE OF PROPERTY, YOU GET A SURVEY DONE. SOME OF THE PURPOSES OF THE SURVEY, ALONG WITH THE TITLE SEARCH, IS TO MAKE SURE IT'S NOT ENCUMBERED BY ANY EASEMENTS OR ANYTHING LIKE THAT, OR THAT, YOU KNOW, TO MAKE SURE THAT SOMEBODY ELSE DOESN'T OWN A PORTION OF THAT PROPERTY, AND ALSO TO SHOW WHAT WHERE THE IMPROVEMENTS ARE. YOU KNOW, I, WHEN I PURCHASED MY FIRST HOUSE, A PORTION OF MY DRIVE, A PORTION OF MY NEIGHBOR'S DRIVEWAY WAS ON MY PROPERTY. AND I KNEW THAT GOING INTO IT, I, IT, IT ENCROACHED ON MY PROPERTY ABOUT TWO FEET AND I DIDN'T HAVE AN ISSUE WITH THAT. SO IT'S TO SHOW, YOU KNOW, WHAT'S ON YOUR PROPERTY, WHERE YOUR PROPERTY LINES ARE, WHAT'S ON YOUR PROPERTY. BUT IT'S NOT A ZONING ANALYSIS. IF SOMEBODY HAS CONCERNS ABOUT WHAT THEY WANT TO DO IN THE FUTURE OR WHAT'S CURRENTLY ON THE PROPERTY, THEN THEY WOULD HAVE TO DO THEIR OWN ZONING ANALYSIS OF THE PROPERTY. WE DON'T DO THAT. AND A SURVEYOR IS NOT GOING TO DO THAT. BUT I'LL TELL YOU, AS A REALTOR, I DO IT LIKE MY CLIENTS. IF I KNOW THAT MY CLIENTS WANT TO PUT A POOL IN, WE'RE HAVING THAT CONVERSATION. 
          BUT IT SEEMS LIKE THESE PEOPLE BOUGHT IT IN 2003. AT LEAST THAT'S WHAT THE DEED WAS SAYING ON THEIR APPLICATION. AND MAYBE AT THAT POINT THEY DIDN'T WANT A POOL. THEY DIDN'T HAVE TWO 
          [00:40:05]
KIDS AT THAT POINT, BUT NOW THEY DO, AND NOW THEIR NEEDS HAVE CHANGED. I HAVE A QUESTION ABOUT THAT APPLICATION, AND I WAS CONSIDERING RAISING THE POINT. I DIDN'T BECAUSE I DIDN'T WANT TO BE A PEST. YOU SHOULD HAVE. YEAH, YEAH. NO, I'M SERIOUS BECAUSE WE HAD THE APPLICATION. IF YOU WANT TO ASK A GENERAL, A GENERAL QUESTION ABOUT ISSUES THAT COULD HAPPEN, GO AHEAD. SO IN A SITUATION LIKE THAT. SO THEY HAD THIS MULCH AREA, RIGHT. AND IT'S LIKE A PLAYSET OR WHATEVER'S THERE. I DON'T EVEN KNOW WHAT'S THERE. I DIDN'T DRIVE THE PROPERTY. BUT WHAT A, WHAT A, WHAT A REQUEST. IF YOU'RE, IF YOU WANT TO PUT THE POOL IN, SHOULD WE HAVE REQUESTED THAT YOU REMOVE THE MULCH AREA? THAT'S WHAT I WAS THINKING, YOU KNOW, LIKE IT WAS SOMETHING I WANTED TO RAISE BECAUSE I WAS LIKE, YOUR KIDS ARE NOW AT A POINT WHERE THEY'RE PROBABLY NOT EVEN ON THAT MULCH AREA, AND THEY'RE WANT TO BE IN THE POOL. IT WOULD HAVE LOWERED THE BROUGHT THEM CLOSER TO WHERE THEY HAD BOUGHT IT BECAUSE IT WAS A FAIRLY SIZABLE DRIVEWAY A COUPLE OF WEEKS AGO, A COUPLE. CORRECT. RIGHT. WE TEAR OFF THE STRIP IN THE GENERAL TERMS OF ASKING PEOPLE TO DO THAT. I MY OPINION ON IT IS THAT'S INDIVIDUAL TO EACH BOARD MEMBER. IF THAT'S IMPORTANT FOR YOU TO DO, THEN YOU CAN RAISE THAT AND YOU CAN BRING IT UP IN OUR DISCUSSION AND SEE IF WE FEEL LIKE WE WANT TO TRY TO MAKE THAT A CONDITION AND SEE IF THEY'LL AGREE TO IT. SOME BOARD MEMBERS ARE GOING TO FEEL STRONGLY ABOUT THAT. OTHER ONES ARE NOT. I DIDN'T WANT TO BE PICKY ABOUT IT, BUT IT WAS SOMETHING I WAS QUESTIONING IN MY MIND. I WAS LIKE, SHOULD I HAVE BROUGHT THIS UP? IF YOU HAD, I WOULD HAVE BACKED YOU BECAUSE I WAS THINKING THE SAME THING AND I DIDN'T WANT TO ROCK THE BOAT, SO I DIDN'T SAY ANYTHING. OKAY. ALL RIGHT. I'LL JUST MAKE A GENERAL STATEMENT. 
          WHEN PEOPLE DON'T COME TO THE TOWN FOR ELECTRICAL PLUMBING PERMIT LIKE THEY KNOW, THEY KNOW BETTER. THEY CAN'T CLAIM IGNORANCE. THAT'S RIDICULOUS. RIGHT? YOU SHOULD GIVE THEM A HARD TIME. THAT'S WHAT I WAS DOING, I AGREE. YEAH, I KNOW, I KNOW YOU WERE. HOW MUCH CAN WE NEEDLE THEM IF IF IT'S JUST THIS AND AND THEY WERE CAUGHT. SO TONY'S GOING TO DO IT AGAIN. 
          I KNEW THE BOARD WAS GOING TO ALL GO IN FAVOR AND I, I DIDN'T WANT TO APPROVE. YEAH. I THINK IT'S A GOOD TIME. I MEAN, I KNOW MYSELF. YEAH. IN OH THREE WHEN I BOUGHT MY HOUSE AS A NEW HOME BUYER, I DIDN'T KNOW ANYTHING ABOUT ZONING OR, OR HOW MUCH LOT COVERAGE I HAD OR I DIDN'T KNOW THAT TERM MEANT WE SHOULD LET'S, LET'S, LET'S CLOSE MEETING GUYS JUST BECAUSE WE SHOULDN'T BE DISCUSSING THE APPLICATIONS. SO I'LL MAKE A MOTION TO MOVE OUT OF WORK SESSION. SO ANY OTHER ACTUAL ITEMS FOR DISCUSSION THAT ANYONE HAS. NEW BUSINESS, OLD BUSINESS. DO WE HAVE TO REPLACE ANOTHER MEMBER AND DO WE HAVE ANY CANDIDATES THAT ARE GOING TO TAKE THAT SPOT? DO WE HAVE TO DO. I SAID HE WAS GOING TO BE LEAVING AT THE END OF THE YEAR. RIGHT? SO WE DON'T KNOW THAT OFFICIALLY THAT POTENTIALLY UNLESS YOU KNOW SOMETHING, I DON'T KNOW. HE TOLD US YOU WEREN'T HERE. WE'RE HERE FOR THAT. HE ANNOUNCED IT. 
          ALL RIGHT. HE ANNOUNCED IT WHEN WE WERE IN CLOSED SESSION, WHEN JOHN BROUGHT US WHEN WE WENT INTO CLOSED SESSION, WE HAD THAT DIALOG. SO WE DO. AND THERE ARE A COUPLE OF PEOPLE IN MIND THAT ARE IN THE WINGS. I DON'T WANT TO SAY THEIR NAMES WITHOUT CONFIRMING THAT THEY'RE STILL IN WANT. SO BUT LET'S, LET'S CROSS THAT BRIDGE. OKAY. YEAH. I MEAN, I HAVE PEOPLE THAT MIGHT BE INTERESTED. THAT'S ALL GREAT. YEAH, WE ALREADY HAVE PEOPLE THAT PROCESS. SO. ALL RIGHT. GOOD. OKAY. ANYTHING ELSE GUYS? NO. ALL RIGHT. SO MOTION TO MOVE OUT OF WORK SESSION AND ADJOURN. I'D LIKE TO MAKE A MOTION TO MOVE OUT OF WORK SESSION AND. 
          OKAY. SECOND. SECOND. ALL IN FAVOR? AYE.
* This transcript was compiled from uncorrected Closed Captioning.