good evening this is a regular meeting of the Allenale Land Use Board at which formal action will be taken on the items listed on the agenda and upon any other matters which may properly come before the land use board the requirements of the open public meetings act have been satisfied through posting on the public
bulletin board in a municipal building and in the burough website and by publication in the record on January 13 2025 with copies being sent to the Rididgewood News and to the Herald News certain agenda items will be open to the public for comment andor testimony the
board will advise the public when such matters are open for their comment andor testimony i just want to point out that the reason why the date changed to January 13th is because we changed the times of the meetings to 7 o'clock and Linda had to go through and reestablish that thank you for doing that okay uh
before we get into this if everybody would join me please for a salute to the flag 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 thank you okay Linda may I have a roll call please vice Chairwoman Bergen here board member Wala is absent board member Petrino here here sorry board member Guggliero is
absent councilman Yakarino here board member Dallow here chairman Crico here mayor Wasinski is absent board member Butler here and alternate KI is absent okay thank
you all right first on our agenda is oath of office for for Andrew Aguero but he unfortunately is under the weather so we are going to carry that to our next meeting uh in in March um so the next on
our agenda is the approval of the minutes for the January 15 2025 uh board meeting again we've all had the opportunity to review them and are there any questions changes comments okay can I have a motion please to accept i'll make a motion to accept the minutes
thank you sir thank you what was the second correct all right vice Chairwoman Bergen yes board member Petrino yes councilman Yakarino yes board member Dallow yes
chairman Crico yes board member Butler yes okay so the next three items on our agenda before we get into the public are three resolutions um the first one and I'll read them all and then Mr cali this
is all I knew okay that you made the resolutions we have them here for signatures okay the first one is application file LUB2024-18 resolution 2025-10 Calvary Lutheran Church 165 West
Crescent Avenue Allenale 07401 block 910 lots 2 17.01 and 17.02 02 and the application is a modification to the original resolution that was passed by this board
uh in I believe it was 20 what 20 oh the resolution was 2024-18 thank you okay 2024-18 thank you that makes sense okay so Mr pallet please so
on that application the came into modified terms for prior approval they did so on notice because they were modifying conditions of that prior approval um this would have been adopted at the last cycle however the applicant had some comments and questions about how we were going to memorialize their
obligation visav any open requirements to satisfy with the Department of Environmental Protection mr breland and I um massage some of the resolution language and a condition of approval to ensure that should they have to comply with anything regarding any prior D permitting whether it be an amendment or
otherwise they would have to do so prior to uh any release of their bonding that's in place the applicants attorney was fine with the language as amended however it didn't make it on for last cycle so it's on for this cycle anybody have any questions on the
resolution as Mr kelly just put out there okay seeing none can I have a motion please to accept the resolution i'll make a motion to I'll second thank you vice Chairwoman Bergen yes board member
Petrino yes board member Dallow yes chairman Crico yes board member Butler yes second one that we have okay second one that we have is application file 2024-16 resolution
2025-11 Daniel and Claire Clark 95 Midwood Avenue Allenale07401 block 20008 lot 2 it's for a new front porch and second floor addition pursuant to 270-37 parenthesis A2 27064 C
parenthesis 2 and 270-63 parenthesis 3 sir so on this one the applicant came in for seeking improvements to the existing single family residential structure they required relief from NJSA
4455D-74 as well as 70C for uh floor area and bulk relief the applicant put their professionals on throughout the course of the public hearing the board voted to approve it the conditions of the approval were relatively standard on this one we have a few unique conditions to the applicant above and beyond
incorporating by reference to AR Mr geland's report and the recommendations of that report um but the board voted unanimously and we believe we captured all the conditions of the approval in the uh draft resolution before the board tonight for
adoption sir any questions on the resolution seeing none uh somebody offer the resolution please we'll make a motion thank you second second thank you second
vice chairwoman Bergen yes board member Patrino yes board member Dallow yes chairman Crico yes board member Butler yes okay all right the third resolution is application file
2024-13 resolution 2025-12 the applicant is Lewis Clemens 65 New Street Allenale07401 block 2204 lot 17 proposed second story addition on an existing
dwelling-fyard setback pursuant to 270-22-57B and 270-37A parentheses 4 um Mr kelly you know that this one was really there was a lot on this one please the Clemens application was relatively protracted it was the applicant's own doing uh the
applicant had a standing issue at the beginning of the application if you recall uh they then pivoted to a contract purchaser applicant proxy before the board uh and then they brought council in during subsequent public hearings there was a number of members of the public and immediately
surrounding property owners who appeared cross-examined and testified in objection to and recommendations to support the application throughout the public hearing process the applicant revised their plans no less than three times I believe before coming back to conclude at the last public hearing before this board in January which
included several specific conditions of the approval that we captured and memorialized in the draft resolution that's before the board uh I reached out to the applicants council Miss Price i did not hear back from her on the draft resolution terms uh if the board is comfortable with the resolution as
drafted I think it is is proper uh for adoption this evening is there anything in there that you think that they may challenge well they couldn't now i mean because what they would have to do is if the applicant had an issue with a condition of the approval it would be sort of like the Calvary Lutheran Church application they would have to come back
on notice to seek to amend that condition of the approval uh Miss Price is a very very well experienced land use council uh I I have never seen her do that i don't think she would at this point she would have looked at this before adoption um I think everything was captured
correctly was not overfunctioned in our draft um so I don't see that happening but if they did want to amend something they would have to come back and go through the process which would require notice and an appearance before the board to lift the condition or at least modify it and I think the board spent a lot of
time making sure that we put a lot of our requests and comments with that and and I know that you captured but I'm just saying this one was long that this one was involved and there were a lot of very hyperspecific conditions of the approval that it took to get the board's comfort level there to vote favorably on the variance absolutely thank you sir
okay there any questions comments um know again we all had a lot of work on this thing so okay seeing none um can I have a motion then to approve the resolution motion thank you second
okay vice Chairwoman Bergen yes board member Petrino yes board member Dallow yes chairman Trico yes board member Butler yes okay all right thank you everybody right
so the next on our agenda um we have three on here of which two are being one was withdrawn the applicant file number 2024-15 um Brett Benowitz and Sandy
Jabado um that application was withdrawn we've all been given uh notice on that so not worrying about that tonight um the second application for or I'm sorry the the continuing application for the Allenale rehab and healthcare that is
now being carried to a date that is still under under negotiation to a date that's still under negotiation um Linda has asked because you want to know availability am I not correct everyone can be here for the May
14th meeting if there's anybody that knows they're not going to be around for May 14th please let me know okay i know it's a couple months out but they should be safe okay but because of everything that we've had to do on this
one right so the anticipated date then anticipated as long as both c as long as council approves right if they agree with it they'll be back and they'll be back on notice okay okay that mean when you say back on
notice they'll have to everybody has to re they will renotice the neighboring owners yeah based upon a current property owner adjacent radius list and um that's what it'll take for them to get back here because they did not has to be carried to a date certain this evening they did extend a time for the board to act through the end of May
which we requested and they did that in email correspondence today to Linda and myself uh but with no date certain no date requested they did already concede to the fact that they're going to have to perfect notice again and they'll be submitting an affidavit to that effect okay once they land a date on the agree
on it okay all right and that's it so any questions on this then all right we're good all right before we get into the application that's sitting in front of us 20
24-17 Mr senus needs some time we'll put you we'll do you 15 minutes yeah it shouldn't be shouldn't be long okay question so and then we get into then we'll get into the application okay or go ahead good evening every
January 25 talked about this mandatory component of your plan of the master plan chose to update this from the last meeting went through the various sections what are the issues impacting
our own master do that background analysis as part of draft and then the last section so with that u where I'm at right now have this if everyone is okay with the document change it we can then
schedule a public hearing to adopt you have the option though deciding on that actually this document as well the two be done at the same time we obviously have the other one
addressed just have my schedule and I know I went through this last time and I know you have some hearing tonight so I just wanted to come back to comments or questions father can you hear
i can yes okay so so at the last meeting I remember mayor had said you know were there any questions she was going to compile everything that I guess was going to also include council questions okay so
um Tyler are you aware you know are you do you have any feedback on this from a council standpoint i'm kind of putting you on the spot i know that we I know that Amy's away um I know that her and I were supposed to connect on this with Suzanne as well we are having a land use
committee and I know that this is being discussed within council um so I mean at the moment I'm not prepared to give any formal comments but this is definitely something that's been discussed and based on the same feedback we can set public hearing yes everyone
should have it as far as what the doctrine says now as far as just understanding the how this thing okay are you anticipating looking to for advice a separate like a special meeting like we need a lot of time on this
should have a so convert but one of our work sessions probably document I also have that which I've summarized Yes but you have a public so therefore we probably should have a
study or session okay from a timing standpoint then I mean again I I'm going rogue here a little bit without mayor but are we talking somewhere in the April May probably April
um when I haven't been here the April work session is the 21st Monday the 21st and that is not around school time is it that's what Larry said it is i'm not sure that spring break or
not 21st i might April that Monday you don't need me for that work session I can always sign it would be a publication it would be but that won't be the public what no go ahead don't last week one thing the Wednesday meeting is
that that week is dead that week is dead um let's see let's we'll have to connect we'll have to connect but that's your anticipated time to be ready right you
have to do the 10day notice sent down to the state make sure that if it had to go to May that probably wouldn't create a problem i just want to make sure that give us enough time to talk
about because again I didn't I mean I don't have everything sitting in front of me here but I remember what you sat before so like September October I mean you were banging out dates left and right like dang dang it's got to get done where where where are where are we with not specifically to us but like
what's gone on if you just want to touch on something real briefly what's gone on with some of these dates that has Yeah what has happened you gave us some very specific timing so I'm end the end of January i'm speaking in my head i'm sorry the end of January was a deadline
by then information we had identified a number of items of location that should not as You also know that we're all in line with that frame
we are waiting by the end of this month program that is just a time schedule that's ongoation we will be looking at further reduction we have so much as well
but asking about that job so that's also then what I think I'm hearing is that if we can't have this meeting on the 21st we might need a special meeting
could this document this land yeah but I want you to know the time frame so how about this how about figure out what we're going to do first next month talking in between two but next
month we'll figure out where we may have have special all right is that fair this way it doesn't jam all because I don't want to jump council either all right so since there's no question or oh I'm assuming there question I didn't I didn't see anything or hear anybody from any from any I
didn't see anything from anybody um then I guess yeah we'll wait but I would definitely wait i would definitely be in touch with which you are see what the committee has to say yeah yeah okay tyler again you're
you're listening to this okay yes okay great council is there anything there's really nothing that we can do or anything no okay nothing okay all right and then I guess that's it all right after tonight
if you want to if you want to you have anything anything good on TV yet that you need or go back you know if you have other work you have other if you have other work to do it might be time better spent because we're not concluding this evening anyway in this application so perhaps we so
perhaps You get the best out of yourself you get to do everything else you need to do tonight that's pressing and then we still have you for this one come the next meeting again the voting would be in your attempt at being judicious there you go all right thank you sir thank you very much
okay um sorry covered it all okay good okay all right now we're getting to the start of the show there you go so the next on our agenda in the public hearing section of our meeting is
application file 2024-17 Michael Maul and Donna Marino uh Dana Marino I'm sorry ma'am apologies my name is My wife's name is Don i'm sorry apologies uh 246 Park Avenue Allenale 07401 block 2206 lot 7 the application
is for a twostepar garage and a two-story edition pursuant to 270-63 parenthesis 3 270-64 C parenthesis 2 and 270-57D and I want to point out that this continued from the original public
hearing that we had from November 13 2024 where you heard our testimony and you came back and made mods and submitted okay all right before we get into this Tyler I will be recusing myself from the application and thereby
signing off the meeting okay thank you all right good evening everyone take care thank you again okay so we have to swear people what do we We don't so my my understanding is from November looking at our notes is everyone who's here this evening is going to continue testimony was already
sworn in you Okay so we'll get to the planner we'll vader them when they get up here we'll qualify them we'll swear in your planner but the balance of the witness deck was sworn in we've had two experts qualified previously and for everybody sworn in you still remain under oath
during the course of this public hearing and for the experts already sworn in and qualified and they're going to testify tonight the assumption and we'll confirm it is that your licenses remain current and in good standing as of this evening that's all accurate so please uh feel free to proceed we're going to let them
want to get a quick summary and ask them for I'm going to ask them for a sum yeah quick summary it would be very helpful for the board there's been a little bit of time loss so yeah if to summarize we're going to might be a pretty efficient thing jeffrey Hower engineer back in November um again
this is a uh addition to an existing single family home property is located in zone A residential district currently has a twotory single family home in
garageing a new addition off the back of the house as well as a new testimony was previously provided regarding some insisting on the lock and some of the site restrictions specifically associated
with and what hazard area regulations are there's also So we find flood elevation where we left off last we emphasized how we went through multiple iterations come up with felt like we had to scale down the project
quite a bit based on the nature of the comments and the concerns from the board members asked to carry that here to revisit some of the project itself in terms of the improvements this period also allowed us
to get some additional feedback from the D because we had to file an FHA application we also advised that we would come back with a professional plan so I'm not going to rehash all the details on the site itself but I'm going
to explain what the changes were on the plan you're looking at this evening compared to November then our architect will give a little bit on the changes to the proposed position and then our professional plan will come in so so we're looking at plans that were
submitted that January 13th january 13th okay got it okay so uh three primary changes um we have eliminated the deck and patio from the
rear yard that was a product of comment from there is a repairarian zone associated with the Randy Brook they did not want any improvements within 25 as a result we had to eliminate those features there the deck has been
replaced with just a small steps coming down the P and back in doing such we reduced the impervious coverage on the property it was a still was compliant always but it was reduced from
39.2% down to 35 the the garage itself is pushed closer to the street we step back about 3 ft further we were able to move it a little bit forward to get further away from the
ramp that again further reduced the impervious coverage because the area that behind the property is now over what was driveway the driveway the architect will testify to the fact
that we reduced the floor area of the second story edition this is the four ratio varants previously we're here with the 30 plus 30 we reduced it by 1.9%
some of the other features here still have the HBAC units on the side of the house again we provided testimony previously that due to constraint that is the testing was appropriated location
on this property and similarly with the generator generator is on the front corner there not ideal but the best location here within the front setback application with the DP is still
under review but that initial round of comments and questions that we was helpful to comate that not 100% certain that more comments But they are on their 90day clock
application was submitted at the end of November so if we're going to hear the next feel they're not going to pull one of these uh we don't have enough people here because of stuff coming out
or this state is state okay there there's a lot of new they're going to just pull a we work slow and you're going to wait for it they they legally have to there are some applications that not have a time frame for
them or remorse but they legally have to approve it or or day 89 they ask you to grant an extension of their own yeah so everybody so um they'll understand what's going on so in terms of the
variances then the floor area ratio has been reduced from earlier last year also by eliminating deck in the back and replacing with small platform and steps there was a rear yard variance that was
reduced previously was proposed at 21.3 from the rear yard 30 32.9 those were those were the changes engineering related question changes in the structure that we Okay board
members questions i have one regarding the generator in placement front yard i have a similar question because I know typically in the flood when there's a situation with with flooding they do require you to elevate it the generator
as well as the AC units so I don't know if that's been considered or that's something that you're going to have to look at um yes so the generator is useless if it's underwater so and um the design flood elevation now under the most
recent elevation plus accounting board the DP is more or less agree with that elevation is 269 we've identified that on the plan and we've also noted that the generator
and the AC So is it going to be how does it work out with the topography of the property is it going to be elevated a foot off the ground is it 8 in is you know if you could just walk me through that yeah it's about it's about a foot it's pretty close uh for
reference the first floor elevation is 273 so we're we're going to be below that it's actually not really an issue on the at least here it's not really an issue more or less generators but we that's really if you're looking
at the house itself you look at the property of the quadrant eastern most quadrant of the property owning area is that what's detailed by the dotted line the heavy dotted line that goes
around the perimeter of the existing house and why um why aren't you locating the generator on basically the same location but on the north side near just to keep all that equipment kind of in the same location does it need to be the location
it's too close relation where it is outside say that's the elevation you really see driving down park you kind of don't really because of the trees and everything is gorgeous and you already have the AC
units on the other side but covered all at once you know thank you because I was just about just about to ask the same question because that's the question I was going to ask you Why does it have to be there can I can you
relocate and have you looked at possibly we did we did look at several that was location by the African i felt like that now I also want to point out that where it is you know we also have a these
things go on and off exactly once a month so you know it's kind of shielded if anybody's going to hear it you're going to hear it but I I'm I'm not loving I'd like to know if there's different location and that that we're
still not going to have a problem with the neighbors because you wouldn't have to elevate it as much on the north side right it's not elevated much to start with but in theory it could be over there it's another sideyard variance we were
also trying to impact the neighbors as well so but on that Mr i I think your planner has got to be ready to put the proofs on because this is certainly an accessory structure within the front yard setback where it's located now on this plan set
and the noise you can't get relief from it as you know it's you got to comply with title 7 when you're cycling for maintenance when you're under emergency power you're exempt under the state regs but I mean you're you're far enough back I don't think you're going to have an issue with decibel levels it could be on the sideyard
yes I I can't recall the architecture of the windows over there what blocking it over there but there was a discussion during the design process about possible locations they obviously ruled out the rear yard because of
restriction considerable right now they think it's the same windows on either side i mean I guess the elevation the grade is a little bit higher i mean if you had the the generator along with the
AC in that alco kitchen windows out and the Daniel like it looks like they all frequently fit and it got shielded yes it could i will
say that the side of the house will not parallel to the side property line the front corner is 14.1 deep from the sideyard the back corner is 12.1 so adding if we were to stack in series AC unit two AC units and
a generator that generator would be closer to the side it was going to be 5T off the house and then generator yeah it would require more side than the deviation location
and you might have an acoustic level drop off issue too with with decel levels moving to the side yeah moving to the side it could be was it 50 Mike 50 dB residential sideyard lot line property lines property line residential 65 maybe
during the day 50 at night [Music] i don't I hear the I listen just on a personal note I know these things cycle at night i hear them in my neighborhood if we have our windows open in the south in the in the spring okay and I
appreciate the fact that you put it there and you're the ones that are going to hear the noise more than other people with the exception where front however we're just trying to you know No I think I think getting it out of the front setback is really the what we're
talking about yeah yeah and and we could the alternative is to put it into the side where there's a we might only end up being 5t off of the property on the side [Music]
from the front we're sufficient by let's just call 30% of the front yard but we'd be sufficient maybe by 70% the backyard wouldn't be an option even again now I'm going to ask you to
kind of train me a little bit even if it was elevated really high behind the garage um I guess in theory it could be suspended off of a platform in that location we' be talking
about further I don't know about the I know unit is very common you go down I'm sure same old generators are a little bit heavier construction I I haven't seen generators
mounted like that also where the rating bridge would have a whole so what if what if again we're just sitting here we're trying to finagle some stuff here but what if you were to take the
generator put it where you're having the AC units and my sir my mind went just where yours went i go down the shore i see this thing get elevated up okay you elevate you put the AC units towards the back of the house
meaning whatever has to be met and variances and requirements of FEMA and everybody else so again even in the rear yard that would be a variance we're we're along the Randy Brook the nice transport area ac units
are going to run continuously in the summertime and the time during the during the day you might want to enjoy the backyard preference and what about to the left hand side of where you see where the word grass is kind of grayed out near the garage you
have the back half of the garage yeah or or the or what I'll consider because of the side of the garage so I think from a mechanical equipment perspective I know it's a longer run i know it's a long Yeah i know for the garage and all that
is there a second story above that there is a bonus room yeah i mean mine are on the garage side i mean it's they were purposely put there for that reason i mean I don't think it's But it has to be elevated no we we
understanding the elevation i don't think the board is You have to elevate them whether you put them in the front or wherever so I don't think we're challenging the elevation part we're we're we're discussing where relocating with the least amount of with
the least amount of location for the HBAC unit is that uh it's it's on the ground uhhuh and the location of the generator in the front is placing slightly
plastic anything in the back would be suspended several feet one point we did look at putting a right smack in the back middle of the garage again when we started thinking about the use of the backyard not a compliant
location in the flood hazard area side property line offered nice landscaping natural existing landscaping buffer along it front location really the only
detriment to it is the aesthetics of it that really are like mentioned it's not going to spending a lot of money to not going to they're going to mask it that location in terms of the impact on the
neighborhood essentially located on the property on a power outage or what just go through but you have it on the front side of the parlor in the in the front setback what about the back side of the car that
would be beyond the back front set mr her maybe this could be this will help you you guys are coming back anyway maybe when you come back if if you're sticking to the proposed location of the front yard perhaps you could show the board how you would intend to screen it show them the limited planting schedule
of what you would locate there the board could consider it mr gland could review it um as opposed to just saying we're going to screen i'm sure you don't want to see it either but if you're intent on keeping it in the front yard stepback area we hear some board concerns or at least inquiries and they're all
reasonable maybe come back with plan sheet you have to file it you can bring it as an exhibit but but you're going to marry it in the sense that if the board approves it that's what's going to be located there as a condition of the approval and then with the generator I'm sure the applicant will be amenable to a condition that requires the monthly and quarterly cycling for maintenance so
usually they run 10 minutes a month then quarterly they might run you know at half loads or full load for a little bit longer you can schedule that so you would agree to do that during weekday daytime hours i'm sure I think you could expand say
something like this to to show where and with the landscaping as no we're not like we're not right there just based on all the things we
have discussion the front yard is really primary consideration but knowing that that variance approaching on that side that's better than I'm trying to weigh excuse me I'm trying
to weigh their neighbors the noise that these things make okay excuse me we just talked about when they would cycle okay if it was me sitting here right now with what I have in front of
me and I have professionals on this board that can challenge me all day because they're they know this better than I do i would put it I would put the generator where you're calling out the air conditioning units and then I
would relocate raise the air conditioning units maybe off the I I still say the side of the garage and I do appreciate the run i appreciate that i I understand that I do that I do get but something
like that and and I understand having them in tandem coming from the back but we're trying to avoid having it in front is what we're trying to that's really where this is coming from the bathroom that will be visible
where the windows are located the stair platform is going to be raised anyway it's going to be half the platform that's the furthest limitation because where you have it proposed right now i don't think we have an objection at all for moving it outside
like you can place it just behind an HBAC guys or we could move it on the side of the elevator house inside the um the back side of the follow yeah that align with the stairs right
that's what you're saying Mike like where it comes out yeah and then you have part of the house that you know the parlor kind of blocking it a little we have an opportunity to hide it there we'd be comfortable making that condition that generator outside
you want to see that sheet Mike before you're going to want to see that on paper I think before it gets voted right to confirm location now did somebody say it has to be five feet from the house not familiar yeah it has to be 5 ft off the house to the
nearest part of the generator how far does that Not really demonstrating it correctly how far does that window pop out no it's on the It's on the back side not on the side of it this is where
we're dimension the newer generator window yeah that's another thing i mean these apply to all building code issues yeah so they're going to have to comply even if this were approved at this level if it's
located somewhere that does comply with building code they're not going to get a permit for it at that exact location they'll have to ship it i think in the interest of everybody's time we'll agree to we're not going to present this as a generator in the front
yard we will move it down [Music] and just bring an exhibit scaling it so we could all see it as Mr breland suggested and it confirmed that we're 18 versus
the five people that's building COA you're going to want to know now because you're not going to want to come back for an amended marriage plan approval might be easier the next go around if you could put it on the elevations so
that we can kind of just see where exactly box is in relation to the windows relation y I mean I think again the board is concerned about putting this in the
front okay because you know we take a lot of Okay and and you guys have done listening to us brought this back i this is not a
contentious but you know we try to be careful with things that are approved and and and where you know it could go in the future okay and technically I can't think of
one house board members correct me if I'm wrong one house in this burrow that has it front i can tell you I have AC units that if you look at the front of my house I have a small fence blocking it in and it is towards front done
before I moved in there but it's technically on the side of the hall so we'll either have additional varants for sideyard generator or we'll have it on the south
side of the house i think you have to go south i don't think you meet the acoustic requirements the property line if you go to the north side anymore it's a 21 foot drop off you've got to be a 65 dBA or less you know you're not going to put a medical grade muffler on that thing
so it's your call but I don't think you meet the title 7 requirement and this board can't give you relief from that even if they wanted to okay which then means which end means that the AC remain there to celebrate
okay so forget everything I told you about okay all right forget that part any other one engineering question board engineering we good yeah okay well before I step off
uh we have five members here correct just five members here four were here in November correct yes four were here yeah one would have happened here and then we have one that was here in November but not here okay no he wasn't here and he's
not allowed to vote yeah the the gentleman that was on the phone no no not here i think last time we were here we had five members lyn do you recall so there was a member that's not here today yeah the minutes are um No we had we only had two absent members in November
i think we would get tested there were more than five oh no there were more than five in November no there were more than five in November everyone that was here really absent members in November i was absent and Jason was absent right jason's recused
yeah he was no he is recused he is recused sorry yeah that's okay andy Andy can vote Andy can vote and the mayor cannot vote and there and and at the time Joe now Tyler they can't so potentially have six
voting members if two members listen to members hearing what they have to listen to well Mr krino is going to listen to November meeting and then I'm going to try and get some of the other people to listen
to tonight's meeting you should get to a fully constituted board of adjustment to be eligible to vote in this case which would be a seven there's two recuses by class the mayor and the council thank you all right there's another
question yeah oh yeah oh yeah yeah thank you sorry all right uh public questions of this witness okay seeing none bring back thank you thank you okay
put your name on the record please again sir thank you again and your license man's current in a good standing I assume very good thank you sir so from the last meeting we went back and we revised the plan best building of the house um last time
we reduced it like Jeff said by 1.9% um last time we were here we didn't get so much as a breakdown of the square footage and that's pretty much what I want to show now we reduced the second second floor
um the back of the house we brought it in and we also reduced the the uh the garage slightly on this room we actually brought it down on the second sheet i actually some dash lines to see what the mask was that was a concern trying to get the volume and the condition we
brought it down as definitely the living and and the orange is the mud blue is the living space second floor first floor and the orange is the mud room transition space to get into the garage and the house what's in pink is the garage and what's in green
that is the uh the home so as the breakdown in the square footage when we did this um just to explain now we we were at was allowed at 25% in the first meeting were at 36 38%
and now we're at 36.1% um but in doing analysis of of the breakdown here we have two square feet of 5.4% 4% is the garage space which is one park garage that's
required and we're detaching we're moving existing detached garage that's a net increase of 2.1% garage um the the bonus room um if you notice on the elevation you'll see the house is
[Music] elevated on due to the flood plane elevation so actually building up on post open garage so we don't we couldn't
build a basement under the addition so we we basically put I guess you want to call it a basement but an attic space the bonus room now above above the garage that that square footage is
um 390 square ft but 3.5% So when you add up the garage and bonus room it's 9% of the the overs that are at this point i know the code says that you have to have garage part of the face
but you don't have to change the base of this say you have over space but that's kind of where it's allocated to place so if you were going to take the 9% out
um as I thought down 27% as far as those building are covered which obviously is still over understanding that we are at 36% so I just wanted to explain right now kind of
see where we're at you see the blue it's not yeah there is some space obviously it's a total of 300 square feet of comfortable living space to get to the backyard for the deck have back here to get out back of
the house we eliminated the deck that we have here there's only one way out backyard and this is basically the entrance right away something that would be the
big step back to bearing the back of the garage about two feet is pretty much the same like I said if you look at the second
napping napping of the structure down by 3 back that mark on there i'm color blind but that is ink on there right that that's fresh oh yeah yeah so we should mark this now we marked I believe A1 was
marked last time as a D document we'll mark this as A2 with today's date just identify that document in this in the um signature block for the record please mr ziski just write it in there yeah it's uh C1 and the latest
January okay so we'll mark that as A2 for the record tonight c2 yes b2 and that'll be A3 can I ask you a question um the existing home because I see the
line under the north elevation part of this picture here what I note at the front you're 27 ft at the front okay
well to the ground okay or to the to the to the block or the rock or the stone or the first block okay you're not calling it out unless I'm missing it some other piece of information here what is the
height from the lowest point of the grade to the upper peak at the back of the home it's on the next page is it on the next page well no i'm saying yes that's what you're talking about
i think it's pulled out is it am I missing it forgive me if I'm missing it see it on yeah it's 34.9 but where is that taken is that taken in the back or the front no big elevation 300.2
The lowest grade building is existing mhm right but the grade slopes down in the back so it's going to increase the building height so just wondering what that is the bridge elevation 302
for the events for the existence that are proposed same the lowest rate is western most corner of the garage there
is building so 302 less 265.3 300 yeah 300 last 265.3 yeah on the zoning table underneath the blocks
there building number one building um and the only reason why I asked is 302.00 minus 265.30 is 36.7 but we're just we're trying to confirm what what the heights are what the height is
right 302 302 it's 300.2 or 302.2 okay 300.2 that we're just like right there so 34272 i'm sorry 34.72 waits
a good builder well you're going to need a ridge certification anyway before like all you're building right Mike yeah well they're going to have to certify the ridge once it's built give us an
change more critical pretty much so is the is this okay for question yeah so the bonus room is that livable space or is that what the intent of that is well yeah chicago
so with the percentage being was it 46% I guess was 36% have you was it ever considered to detach the garage to kind of reduce that percentage so that essentially wouldn't be part of the house was that a consideration
i don't I thought we had this conversation last night it was when you were eliminating him from another area yeah but I was not going to drop it
down 600 feet in the Yeah so again the whole area the the the garage and the mud room were built on slab is that what I'm reading definitely the garage i see that the mud room too the garage the mud room is going to be
elevated about wood uhhuh flood vents yep the flood vents deep right you'll step down see the three rides down and it's kind of an intermediate it's almost like I guess you saying it's a
freeway but it's getting in to go left or right into the house left into the garage or sweep it out four different directions out the back into the garage one they just had a I guess you call like bridge or a
walkway second floor so you said you don't have space trying to take one other engine related to Um basement count towards floor area
ratio and this particular application though addition that addition cannot have a base so where traditional home might have a basement they don't have
Thank you for having me any uh questions if I'm reading this correct what is the current percentage for the construction 36 now what is it before the building starts
so we're going up 15% 50 percentage points right 15 percentage points relative to Yeah jump down but that's 3.3%
Sorry it's all relative to the lot size you know what you're saying is absolutely true but it's only relative to the lock size it is like poor earth is going to start to go away it needs to go
away find out a garage you're going to have three drivers somewhere two garage oh great space above it so that that's how we
got the house there for years a really feedback the board appreciates your your openness and the board you know we're not here to be antagonistic at all but we have to
you know we have to weigh every your application the neighbors and setting the precedent and that's that's the biggest problem that's the biggest issue that to be honest with you that's why we're playing I just said we're not being antagonistic but I was say that's why we're asking playing a little hard
ball with the generator because we have to be careful about setting precedent okay no we appreciate that no we appreciate that and and you've taken into considerations in here it's noted by the board that you took in the
conversation and the discussion and you know I don't know if you said before if you listen to some of the other applications you heard what we do with other applications you know obviously I know you're not being singled out have to look in each application on its own
merit okay um and what's good not only for you just heard a 10-minute discussion about decibels of a generator understand understand but then the then the concern becomes that if if
if that was to occur okay without us doing our questions and diligence okay then I'll have somebody else come before us and say well you allow generator in front of the house president so as Mr patrino
said that's something that the board takes very seriously the heights you know things like that that's why I asked the question about the height I understand and I appreciate the fact that you kept the peak and the ridge line
but yeah we have to be careful okay and I'm not saying that we haven't granted it in the past because of topography of okay I've been part of many of those because of the topography plan you know where the building is
taken into consideration but you know so I appreciate what you said here you're keeping it below the 35 okay so and yes ma'am thank you for understanding okay thank you for understanding nope no no
and yeah and we need to council uh coach me a little bit more here but you know we need to understand the hardships you know if there's variance and you point out I mean you're talking about sorry and things like that we get you know we all have families but you know but that's part of the argument too is why
you're before us and why you want to take this yeah and they'll get to that with their with their planner who they've alluded to calling to see if they still have to put on proofs for the for the D4 as well as for the bulk relief so we'll hear that tonight maybe at the next meeting but that's going to be part of the applicant's burden to
meet which is justifying the heightened relief there is a heightened scrutiny for the use of relief that you seek under under 70D4 so it's a good thing you brought a planner i would say without that we you would be um at a disadvantage legally speaking
so I guess um if the board doesn't have any more questions at this witness I'm going to I'll throw it out to the public and then I think we bring in the planner next okay so uh anybody in the audience have any questions of the testimony you
heard or of this applicant's architects okay seeing none bringing it back thank you sir okay good evening sir evening he's right you You're ahead of the game
you swear affirm the testimony you're about to provide is the truth the whole truth nothing but the truth would you please state your name for the record your last name and provide a business address last name spelled R I CCI business address i
am u briefly your qualifications Mr reich sir licensed professional planner certified by the state certified planners b of arts degree and master's degree in planning both university I
have accepted as an licenses and certification both are active founder of your firm is one of the best traffic witnesses in the state in my opinion so but Chuck know Chuck knows that so don't don't tell him I said that he had a big headers
That's that's what I'm looking so anyway go ahead go ahead sir please um All right Linda do we have everything right good okay please sir yeah absolutely um so I have been retained uh by the applicant to review the application from
a PL standpoint testimony uh in my preparation I had viewed the meeting minutes i had listened to recordings of the first uh uh meeting uh and I agree with the testimony that my uh colleagues have applied on this application
agreement um I've also visited the project site and then they apply to this application um so you guys have heard of so I'll save the introduction part um but this is
this is an old home that was built in 196 1916 um this is what I consider pre-war home the garages on this very very small this isn't something that I have seen that's just specific to how they'll put it in
homes throughout the state um now interesting piece of zoning emergency actually requires you to have at least at least one car in a garage allows you to go off free so I find that interesting because the way that I read zoning emergency there's a preference
for having cars covered within garages um now besides the environmental associated with the existing garage very small garage it's not usable um especially when you compare it to the modern vehicles modern SUVs that that
it's not really even a usable space for the average um obviously one of the the other really unique parts about this application is the proximity to Ramsy Brook in the rear um you know as you guys know this garage
that's I believe it's fully in the repairing zone is very close to that brook um and and obviously the goal of this project is to build a new garage and take that one that's very close to Brooks and move
it um so the way that I see that aspect of application from a planning standpoint it's a benefit to home learn because you are reducing your risk of danger or hazards it's a benefit for the neighbor
to fear because you're actually creating more distance between the structures creating more space um it's a benefit to what I what I would imagine the burrow zoning is a benefit which is being able to use a garage because in
their zoning they they call garagees agrees with the zoning and then I think it's a benefit for uh promotes purposes of the municipal landing law which is the state because they talk about um securing from safety fire and panic this
the flood piece of that and that's the state statute so I see municipality the uh Allenale and both uh homeowners the benefit that I see for everybody here but from given given the strengths that we have
despite I'll move into the D4 F variants obviously here um seeing D4 variants this is different than a straight B1 use variance um the way that this is looked at is uh under the coverry standard and
uh with importance to find is that the site can still reasonably accommodate the problems associated with having an increased F over what is allowed in the zone so potential you know problems
associated or potential problems for increased F for for single family um I think are usually pretty minimum because when you increase the F um the use itself is not being intensified like it would in other use you know commercial
uses and customer traffic or parking you just don't see that in the F cases specifically for single family uh a big focus of it accommodating problems kicks back to aesthetics it
kicks back to okay if it's not going to increase the intensity of use how is this going to look or fit in with the rest of the neighborhood is it something that would be bigger than what the zoning allows um so the first thing that I like to do is I I like to get a
baseline i look at what forming lot and that associated F what size home that allowing me to build so the minimum required lot area is 20,000 square feet and that calculated F at 23% would allow
you a 4600 square foot GFA home and we're we're just under 4,000 so to me um and I had written these been on the other side that's how we crack the code because planners envision those size homes throughout the neighborhood we're
actually under that so that's one kind of safety net if you will where I go okay it's not something that's going to be egregious or much larger when than what the zoning had envisioned the size of homes in the area um so that's the hardship associated with it it is on an
undersized lot if this exact proposal was on a fully compliant lot we wouldn't even So they are in line with the as I mentioned aesthetics of what would be allowed um in this neighborhood uh I took the liberty of looking up the
property records for the actual square footages in the area and you see a big range see a big range this is not a cookie cutter neighborhood lot of lot of different lot sizes and also a lot of different GFAs what we found is they
range from on the lower end that 2,000 GFA uh up to that 4,000 GFA so we are although we are on the higher end of it we saw a lot of 37 38 3900 GM bag in the area so I I like to do that to make sure
that uh we're in performance with the range that's in the neighborhood so I think like I mentioned this was on a compliant lot we'd be good we looked at the range still within range of what um exists in the neighborhood one last safety net that I'd like to look at is
do we comply with height coverage because in F cases usually we increase the F height and impervious coverage usually gets straighter we're companting both companti both of them and we're actually substantially under the amount of impervious that would be allowed on
this problem so once again the way I see it it's it's not an aggressive ask because typically an aggressive FS one of those gets tripped which leaves leads me to believe again it all goes back to having lot size so it's not something
that's out of character with neighborhood out of character with zoning all attributed to lots moving on to so I think at this point I've I've established the building size is in line you know zoning it's not out of character with the area um and
there's obviously a zoning preference for you know having cars in garages with regards to the sea variances particularly um side and rear setbacks I think it was it was explained perfectly by by our engineer um there's there's constraints associated with being able
to develop the rear section of an already undersized lot um an already undersized lot so what naturally happens is you can't move backwards and their encroachments to the side yards become increased because that's the only area that can reasonably
be developed and still out of that you know potential flooding area so I think for those reasons there there is a clear um hardship associated with property with regards to CS I think this
I'll put up in the setback to the right as our architect have mentioned it's actually behind the existing dwell so from the street there's you won't actually see further encroachment um into this right
side setback and um we've been out on the site on multiple patients there is um vegetation out here that's further above this small extended piece of edition now on the left side you have essentially a not essentially you have a flag lot here basically what that means
is there's a what we call pole post and then you have the actual flag or the larger part of the lot where the home actually is nobody actually nobody lives on this left side essentially drive so I think that's a big mitigating factor growment here and then to the back you
have this throughout the street so really the disposition is kind of tucked in this this corner down by the driveway and stream where nobody's realistically going to live or going to develop so it's not you know we do have the setbacks it's not impact
so I I think there's definitely a clear um identified hardship at play specifically the environmental constraints and also the efficient thought area i think that both variances can also be granted under the C2 criteria which is the more flexible criteria the benefits versus detriments
criteria uh meaning that the benefits of the project as a whole substantially outweigh potential detriments i I already kind of alluded to this in my introduction the way I see it is you're pulling structures away from that sexually hazardous areas moving them to
to the front and moving them to an area where they're least impactful i don't really impact the neighbors because like that like I said have the drive by on the left and then the right side setback is really not so I think from a planning standpoint um and I I I would imagine um
under the municipal land use law purpose a talk about safety general welfare that absolutely advanced by what they're doing here you have an outdated structure sitting next to a stream um can be used because it doesn't fit moderniz vehicles i think this is
definitely a better planning alternative despite the relief um that we're seeking before I finish it up I'll just tie up with a couple of master plan goals um I think this is very in line with 2017 master plan in municipality it
talks about preserving enhancing suburban character of existing one two family residential zones i think this application demonstrates that demonstrates investment in the property um you know upgrading it to a modern
garage upgrading the uh AC all of those things very very positively to residential neighborhoods both functionally and both set um and then they always talk about many master plans talk about
trying to mitigate environmental impacts uh specifically your master plan says uh minimize the environmental impact resulting from wetlands and floods so there's there's a policy recommendation saying um that we need to protect or
prevent against this and that's exact here so that this property can safely remain fully functional single family home without having to worry about the habits um so I think that the
D4 standard has been met site can accommodate problems associated with the F specific because we're in line with what the zoning visions for this area we're in line with actual land uses in the area and we're still compliant on
coverage and height so um two dimensionally we are still compliant coverage and threedimensional height we're still good with this structure so um in my professional opinion I think that the the criteria has been met with the F and I
think that the full varian I guess do you think in your professional opinion that the impervious wasn't really necessarily triggered because of the the conditions that you're being you guys are being held to by your uh DP
because if if let's just say for or hypothetically speaking the brook wasn't an issue you think that the impervious would be impacted at that point considering the size of the house the ratio the size of the house compared to
the undersized lot or is it just works out that way because I know you mentioned that the lot size has is the reason why that's not triggered but I'm just curious that be for a minute don't look at the brook and and
look at it as a 11,000 square foot building would that make a difference if that inverters was triggered or not i mean this proposal no difference it depends if they decide to go with a
different design and something i figure they wanted to buy with the side guard setbacks and push to the rear yeah i mean theoretically they could have gone up on impervious if they were but then that would exacerbate a rear so it's kind of like it's a push and pull
situation um there's there's much potential go but yeah I think those two they don't like to see too much and then my my other I guess the other point was being that that is a flag lot um and
I know there was some conversation about possibly placing the AC units along the garage um I feel like it now that you know you just clarified that there is no neighbor per se there um uh what's your
opinion about possibly putting those rights right there since there is no neighbor that we're going to impact and it really wouldn't impact the the you know the your client's outdoor uh capabilities and the nicer weather as to
hearing them and such so that's a good point yeah if if they did eventually decide to move the generator there I don't see a substantial impact because that is it's just a very long drive yeah okay treatments up there
going in and out their properties the house is actually neighbors behind this property they're across the brook they're across from Yeah um they go over the bridge yeah there's we wouldn't I don't see any impact to that adjacent property might be close to line they may
have pole after that you guys built us so the house again you know you have that street right there it's on a street i'm sorry the driveway thank you the driveway and then how far We may not have an answer to this you know what I'm
going to ask right the engineer go ahead how far away How far away is the house to the south south it's far the brook's on an angle and it cuts across so there has a
foot i do want to point out that 15 foot strip that side of the gorilla right here over here that's actually a 15oot sewer 15 foot sewer 15t sewers so we're 15 and a half feet off of the side property
line the first 15t is a sewer is that a municipal or northeast uh I'm not sure i don't think active but it is active mike do we have that is that a nabil or northwest regional thank you for
bringing that to our attention that is I don't know who it is perfect you're saying the permitted um lot area in this um zone is it's 20,000 square
feet right that's correct and the their lot is almost half that 11,63 mr while the board's considering other questions for you just for the records purposes because you have D relief you cited simply the purpose A being advanced there any other purposes of
zoning under title 40 that you can site for the record as being advanced yeah I'll just I'll say record yeah please i think that'd be helpful yeah I think purpose a advanced just to encourage municipal action appropriate use of all
state public health safety world welfare and then I think purpose B which is to secure safety from fire but and other natural thank you so you you talked about hardships and I
I guess I took quick notes i don't know if I got it all but I got one that was um the lot itself was environmentally sensitive and the other was just lot size was there were there others or is that those are the two major factors
those are the two major factors um that are tied to the actual plan itself the bottom itself I know there's there's hardships associated with we want more storage we want you know more parts but you know from a a
statuto standpoint the hardships uh are related to the actual bot itself which here in this case I see the B area and also but there are obviously other general
I just want to point out two others that go along with the land that further property we're losing another foot that's another so basically your usable lot is in the
8,000 square ft range correct quick numbers but to be clear that just you're saying that justify your sear we're not talking about the F in the context of the environmentally sensitive areas because your F numbers that there's no delta there has not changed given that was a usable area yeah so I guess the
the net of it is though that was that way 17 years ago all those factors haven't changed right i mean I'm missing something the lot was 11,000 ft it was in an environmentally sensitive area
the regulations changed before that elevation so in other words the edge of the you were there now you're now it's in here okay as a result of the change of the direct I'm again exact I'm
estimating okay say you were here now you're here because of the change of regulations over the last 17 years but that doesn't change the 11,000 that we're doing the math it does not change the 11,000 i will
tell you we the change in regulations could struck the house that would have had more storage the opportunity to have more storage that would not we don't have
and the rigs changed last version of Larry's point the as it is because question I think everyone realizes
that lirain question exceed the f You guys haven't I guess uh Mr hower you guys haven't have you done any um soil test pit perk test anything to verify
like the location of the seepage pit and how the site and the runoff on the site is going to affect the area in coverage by% okay um in the event we
were to have shallow groundwater We had the opportunity to switch that and forgive me if if if it's in the November minutes but how many trees roughly is going going to be affected by the addition did you have that any Okay
yeah the addition off the back of the house is primarily so since you pointed out the easement are there any proposed fences andor landscaping in that area that potentially would be within you know boxing the easement in if it's an active
easement no there's no radio i was probably I think you can see to your point if that structure was
well you got a problem in the brook you got a problem downstream you got a problem with the person that looks across the street there I'm sorry behind that bridge goes down and it could restrict anything it could if the bridge doesn't give up then it restricts any brokers
hurt although they don't own the Next a lot of time yeah street vision of the town overall working from the street um property
Members of the public any questions on testimony that you just heard of this witness okay bring it back i have to say I do I do have a major concern with it as current not not the
plants where it currently is what what the what the garage have to say so I I applaud that and I understand um you know what what you're asking for and I think the planners
comments go far as well um but I'd like to hear other comments yeah I mean I think they are uh I mean we always look at we we take uh into great consideration how it impacts the
neighbors right and there are none here tonight uh and uh to the engineers's point I think that although they don't have control of the surrounding property it's large enough where there's property enough property around them where it
creates that natural buffer but you know visually the brook and other areas that potentially could be built that can't be built because of the constraints so and I I think it is a peculiar
application to Mike's [Music] point definitely not an improvement to what exists there you know obviously they're going to have to do something with the garage for everyone's benefit no doubt i guess
I'm just a little concerned that from doing the quick math we're going from 360 square feet garage to,200 square feet which is kind of what kind of drives square footage issue so that
that's kind of the the underlying concern and I've heard some of the comments back and forth about multiple car garage but I just think it's it's a lot of space to be added yeah i mean the the the thing is that we we actually as a as
a municipality it might correct me if I'm wrong but we kind of urged at least a twocar garage in most cases right right no more than three i mean that's the difference well I mean the fact that the cars are
not Model T's anymore but that's you got two floors right yes yeah that that's upstairs is smaller i'm only this this house I you I keep hearing 1916 but it isn't registered on any
historic national historic uh registry is it that you know of not that I Okay washington wasn't in this house i'm sure he was i I only ask because I I was on a board where there was an application with a it might be a strategy a previous board
where there was a house that Washington was possibly in serious built around the same time okay um you good i'm good okay john
I mean I I I think it's a lovely plan i I I am struggling with the you know total square footage it's it's a lot big ass and it is going to be problematic you know down the road you know you know
there's a you know I'm looking at it I see a parlor I see kitchen dining room um dinette kitchen dinette family room so um you
know I I struggling with the amount of square footage you garage take the garage put it where the old uh comes up to where the new is within this village it's tons of space you know that's being asked for
here yes we both cry but it's worth it's about 4,000 square feet house correct independent of the garage space right i think the public plan just it's a lot
of still a lot of house and footprint for an 11,000 foot lot with you know all the constraints you It's a tough one um I can see both ways um I appreciate the planner's testimony
and um you know the about the existing garage you know you are making site better by getting rid of that and clean it up um again the two-car garage hiding all the cars you
know you know have a driveway filled with you know a backup of cars that you see everywhere plus all the storage trash can um and I do appreciate that you guys did
reduce the size of it compared to the previous round um If you consider the precedent if you double the size of your lot that means we're talking about 7,7500T house someone would be allowed
to build if that was the precedent on a on a 20,000 foot lot of house for every but but the board's in deliberation now so this is and you should take advantage of this proverbial
glimpse behind the curtain at this point because you know you're coming back for a vote and um we guide the board accordingly with precedent settings and land use context but but Mr out just so you're aware we are in deliberations just a question and I know going to that
I even ask this but um I don't know if we remember talking about it back in November but was it ever looked at you know the whole issue of the brook in the flood flood way
why is the addition just out the back and not the side number they would not have the ability to fight to the front well that raises a good point i don't think we did talk I don't think we did
talk about it but if you were to pull it forward if you were to pull it forward questions you can ask but but there there's no open dialogue from the applicant side okay so can you put the can you put the other the other uh map up there i like using my
the other one i'm sorry the plot yes no we're just trying to do it so if you were to take Melissa I think this I think right in here is what you're talking about right if you took this if you took this Yeah right and pulled it forward in here is that where
you're going yeah i was just curious if that was looked at and if there's a reason why you didn't go just because because the whole issue is the footway so yeah but it's just funny that everything's going in the back when that's not where you want to build out of the way i mean I know yeah I know you
are lock all these windows change the existing driveway is right here right this dotted line i mean I guess it you know it does help with the aesthetic from the street where not a
big monstrosity you know it it breaks up the facade um set back yeah if we were to block this out we still see the extra space yeah I was going to say what what part
of that what part of that is being renovated because I don't think any of it is right this is all remaining in here yeah so the back of the house I don't it's at that point you're taking the whole house you're taking
everything can't just put another house with that house like that like that yeah so okay but what if what if you took See this line right here back in the garage there's two foot
right here there's a two foot difference between if you Oh sorry line it up yeah but then what it Well still it might not last you pushed it forward what's the depth of that garage i mean that big garage
it's not a big garage it's 24 yeah but 22 feet inside is No that's tight 24 22 yeah but I was talking about taking this and pulling this forward a little bit well the way the way it lines up architecturally at the moment the reason
it's there is because you have this length you have that head to get that stair the second floor planed on there and quite honestly that's exactly that's why it ended up where it was about you understand what I'm saying like that yeah so you have head room yeah and we
try to we listen for the last team reduce the volume down and we we needed a you know head room to get through that little bridge to get and just keep the existing house where it is we can position off the back of the house without touching anything
in the front second floor either we're not we're not touching anything on the second floor either other than the bedroom that's out back i can mention too on the second tour those front bedroom really modest I think 10 by
12 smaller size and better on back is nothing too oversized as far as the footprint and that's right on top of the second floor but that back wall of the second floor of the back
right here yeah that that's that we can see the loop yeah it's what sets in so it's not that's Just so I can understand and just I can understand something real fast on your on your plans right here you call out
that this area under 7 foot height so technically you couldn't stand right here is what if I'm reading this you couldn't stand here because so really the only usable space in this
area is the unshaded area but if you were to take if you left the front the way it was and if you were to take this and have the roof higher have that part I don't know how to sorry yeah we had it higher the previous down okay
but if you were to do that and pull it forward that gives you the ability to get the stairs more toward the back here well that's kind of what we had the first time yeah okay okay but I thought we had all four sides i'm just talking about just doing the back right i got
open back up we had something similar to that i recall right we had the stairs to the back okay and forward structure forward um Michael you don't have any more
okay we've all heard the testimony larry get me out of trouble we can't vote on this thing no there's no So and everybody understands that there's some asks that we had moving uh you know moving generating things like that
landscaping etc the board members who are going to vote on this you know they're going to certify they're listening to tonight they listen to to last November um at this particular point in time I personally am satisfied that I've
heard enough short of whatever you present to us in next month to be able to to to some to come to some kind of a conclusion that's me again I throw it to to our board you
everybody just calibrate some some questions okay but I do understand the property is trouble and I do understand that you know a third of it exaggerating okay and tied up with
people so you know we're sitting here we're challenging could you move this could you change that you already come back and made the modifications based on what what we heard um to Mr patrino's point and I do take this very seriously
there's nobody in audience here you know again giving us any negative negativity towards the application as you're presented it and at this particular point time again I want to see this next next but I
think I've heard everything I can hear tonight and I ask the board humbly to correct me and counsel Yeah I agree um again moving something here there i mean I don't know that we're gonna or the
client would the uh applicant would achieve a a whole lot considering the constraints on the property so I mean I'm satisfied as well so so what that does do as an applicant
is it puts you in a position of appearing at the next meeting with a fully constant board hopefully or at least enough eligible voters to vote on your application you put it to a vote it is up to you whether or not you bring back your witness team or a composition of this witness team some are others um
certain things seem to have reached complete finality in some group so that that's your decision but what would happen at the next meeting is you would come back you would appear with any witnesses if you want to have continued testimony you're certainly entitled to that want to continue prose thank you make sure you have
enough members up here and you're happy with that quantity and the the math involved with the minimum five votes permanently required uh and the board will vote and I'm sure that we can probably help you get that to the the front of the agenda this way you're not waiting till 10 p.m for hopefully what's
five minute disposition one way or the other able to share with you where we generator yeah I I think that was the ask tonight was was located scale it and and you know it says fence or shrubs to be
proposed which I think is helpful but but but there was some sensitivity so you know if you depending on how you read the room tonight maybe bring something and show it it could be a limited exhibit you could present it you could bring Mr hower certainly to present it but um I think at that point it's relatively preunctery it can be
u applicant introduced I I don't think that there would be anything that would come in between now and seem to be okay I really don't I don't think otherwise I was giving you a surprise that night I
can't guarantee it but I don't think that there would be as long as the things that Mr college just laid out would be covered okay um and if there aren't you would be in concert we'll be
in contact with you right right um I think that's it for now sorry am I motion to carry up you can open up to any public comment i know it was the public but just for the record's sake um
one more time the comment yeah it was for cross examination I think of the last just the comment and then we can close you make a motion to carry it in that next specific date and you don't need to notice again you'll just appear all right so anybody in the audience you
sure are absolutely sure okay bringing it back um motion to carry next meeting make a motion to carry uh to the next meeting available by Linda
March 19th okay march 19th second Linda I would just I I may be out of line here but I'm just going to add a little caveat i would um I know we have some things on the agenda already yeah they're going to be moved up front thank you okay thank you yes okay
and if we would just sign the consent to continue and Linda up front pardon me for a minute pardon me for one minute um we have Ed next we have Ed okay so it would be Ed and then Okay ma'am so that you understand you heard Mr sankis
tonight we have we have legal things we have to deal with okay and then you would come next okay and everybody else is going to hold me honestly go ahead um all right so we can have a vote do we have to vote on this just make a motion to carry
okay all right all those in favor i see being none carry the next right thank you thank you thank you thank you right good thank you
thank you much later tonight tom Chuck I said hello tell everybody hey guys and ladies you will advocate for retirement okay last on our agenda we open up to the public any comments being none we
bring it back um I don't have because I I don't have anything else going on i can't really speak for for the for any of the other council boards we don't have the mayor here or Tyler the only thing I could throw
out the record okay so then let let me just let me just I don't know if you guys have noticed what the whole park starting okay yeah or apartments on Elm or whatever street that is i think they're
close to being done okay these are things that this board was on that got done um other than that I don't really have anything else so we I need somebody to make a motion
before we conclude to go into a closed session for about five or 10 minutes the purpose of this meeting is that Mr kelly is going to give us uh some updates but we need to off the record for the time being okay uh can I
have a motion please i'll make a motion thank you sir second thank you all right all in favor thank you okay so Larry I need your direction on this thing now what do we do no now we Yeah so now we need to be
off the record one please