##VIDEO ID:9DMIB6W1hMM## and posted on the bulleon board of theal building call Mr Ross here Mr gr here m h here Mr ala here Mr Luben here Mr O'Neal here Mr dioro here M brazelle here and mrgd abs good evening can you join us in to the of the United States of America for stands na indivisible sure first up I think we have the approval of the July 25th uh 2024 meeting minutes anyone inclined to make a motion to approve that approve those minutes second Mr Ross yes Mr Mr L yes Mr O'Neal yes Mr Dior yes all right Mr chairman we have a couple resolutions the first one is serah Property Management 1223 Brierwood Road uh you'll recall that was an approval both variants approval associated with the request to construct several improvements to an existing single family dwelling and those improvements included uh an addition uh relocation the AC condenser uh relocation of an outdoor shower and construction of a new landing and stoop and steps the application was approved and the conditions of note were uh the inclusion of note confirming that the applicant shall perpetually replace for plant Landscaping uh confirmation that storm water run off not drain or flow onto other adjacent properties confirmation that the outdoor shower be relocated to the rear of the Home In the Zone in compliant location uh confirmation that the air conditioning condenser shall be relocated to the rear of the Home In the Zone in compliant location and confirmation that the existing gate across the driveway must be able to allow a standard vehicle of minimum 9t width to pass through the same so to be able to physically access uh the garage and fin the confirmation that the outdoor shower shall drain in accordance with the bur's prevailing uh requirements Mr chairman I uh sent this to the applicant's attorney Mr Anderson so he had two uh some minor changes which don't need to be discussed but two questions one point at one point in here I said the front steps are going to um basically replace because they're not Cod compliant and it's not going to extend any closer to the front yard than exist and he says technically the front steps will not increase coverage because they within they are within the existing footprint of steps and front walkway that said in order to make them code compliant I am told that they will extend slightly beyond the line of the existing steps I don't problem with that but we can modify that if you're okay with that and the second one was about that whole um condition about the uh the gate and the 9 foot so he says the driveway gate posts are apparently about 9t one in apart the architect says that the uh that the clear width will most likely be slightly less than 9 ft that said the average vehicle width is just 5 8 in in WID we believe we have to pull the vehicles back to the garage so for those of you who were here um and we can change this however we need to but was that um I think it was Phil was you who wanted to make sure that the garage the car could get back down the garage to driveway to the garage um are you okay with this uh so I guess they want me to take that minimum 9 foot with they want just make sure just a reminder just a reminder for the bo I was absent last month everybody um yeah I guess they're probably just talking about the hinge clearance of the gate or something like that it doesn't open fully clear but it's probably just as long as the car can get through so I'll if we if this is acceptable we can adopt that as modified okay questions concerns Mr yes Mr yes Mr yes Mr oal yes okay Mr chairman next app is the estate of ki10 18th Avenue this was an approval uh to reconstruct a fire destroyed single family dwelling unit on a site which already contains a separate second detached dwelling unit uh you'll recall I sent you the initial draft version and then the applicants attorney and architect were good enough to point some clarification so I sent that modifi uh document to you and the conditions of note are uh confirmation that everything has got to comply obviously with fire and construction code requirements confirmation that the previously existing structure on the site contain two and a half stories not three and a half I think they just that typo on the plans confirmation that the application shall comply with the bu's prevailing half story ordinance confirmation that the new air conditioning condenser is to be placed in the zoning compliant location storm water appropriately managed confirmation that the code compliant egress windows shall be installed in in the basement confirmation that the basement does not constitute a separate story in accordance with the Bros prevailing regulations and confirmation that semi- perious papers shall be utilized for that front walk the rear walk and the open slat decking um so I think that was the gist um of those conditions and if that's acceptable that too can be the board of s the motion we pass second Mr yes Mr yes yes Mr yes Mr Mr yes okay Mr chairman next up is uh laser 905 13th Avenue this was an approval uh to uh uh construction of a single family home and installation of d pool um now I sent this one to you in draft because if you'll for those of you who are here there you'll recall that there was some inconsistency or confusion between some of the plans and and uh heads initial denial letter and then subsequent plan revisions so there were a lot of uh conditions a lot of questions I had and I did speak with the applicant or email with the applican engineer but anyway this uh resolution contains a couple of uh conditions the notable ones are um good faith efforts for the utilities underground uh uh the plans uh just I think they had the block and lot uh correct them confirmation that the three story uh building will be fully sprinklered and we're going to come back to that one confirmation that the structure will have fire rated walls and windows uh will comply with the height uh semi perious pavers will be utilized uh the pool Dome cover will be left open during the spring and summer months and closed in winter and fall um no adverse lights spill over grading and drainage details be reviewed and approved by the burough engineer additional Landscaping um perpetually maintain the Landscaping now I had uh put in here combination of that the siding Cedar uh Plank and Hardy plank we're going to come back to that and I had confirmation about the colors being black and white but let's come back to that one um no adverse water runoff and that the pool fence uh be installed Cod compliant pool fence and so Mr deasio the applicants engineer um indicated that uh the lot coverage they agreed to reduce it to under 55% so no variance is required for that I we had gone back and about producing at 0.5% and but that was so we can add that he said uh also Kevin you know the sing types approval are we sure about that I remember talking about the materials but nothing was confirmed and I don't believe that was required a condition however that is the intended siding um so we come back to that and then same goes for the color we specifically said it would not I guess I heard that wrong not be black and white and some M said it would not matter uh said Mr Ross states that he liks a St and things like speachy but my clients like more blues and Grays the color has yet to be determined um I have no with with that out and one last thing before I said confirmation that the structure will be fully sprinkler he said that's not the only way to comply with the business the building codes unit 5 construction interior fire rated ceilings and FL eliminates the need for sprinkler we will assess both options but both are acceptable for three stories home homes so um T I mean it's okay with the board as long as he uh preference had to be fully sprinkler or just comply with the building and constru this is 9053 got it and then board members did you um I guess color really probably should not be issue okay uh and and also with the sing I'll just said that what the testimony was so that's okay we can accept that uh as modified if that's acceptable to the board I'll make a motion we approve that Mr O'Neal you voted no on that application so somebody else like to second that I'll second Mr Ross Mr Greg yes M yes Mr Mr L yes I'm sorry it was Mr diio that voted no on that no I don't think I voted I did you did okay Mr and then okay so skip you and then Mr Dior yes okay and the final is uh Thomas and Jennifer Bowski 105 15th Avenue now that was a uh a denial and um that was for demolition of an existing single family home and construction of a new single family home at the site and basically it was AIT we had but uh those who uh didn't uh support it had concerns regarding the floor area ratio the undersized nature of the lot the uh the parking and just our other other standard issues so this was uh again the use variance because of the floor area ratio so that was ultimately denied and and I think Mr dioro had a couple typos appreciate that we'll correct them and this was I think four three so only everyone can comment but again as April was just saying only those voted who voted to deny the resolution get to actually vote to adopt the resolution but everyone can comment and say you know change X or change y so who who is eligible to vote on that and oal gentlemen comments questions no comments no questions yeah so then if you one of you three if acceptable would you make a motion to adopt that resolution I'll make the motion yes right right we're ready for our first application then it's going to be Ro follow and Mr chairman if I may uh just for the record if there's anyone here uh uh the William and marelen McFarland 2 19 15th Avenue uh they originally on the agenda but they are going to be uh carried or until September 26 2024 and they will be providing notice correct right so notice was not provided I think that's why they're not being heard so just for the record we should announce that so now uh Mr chairman as you indicated so uh first up is there anyone here who had any questions or comments or concerns regarding the sufficiency of the notice they received any okay so the board secretary and I reviewed the notice and found everything uh to be in order so it' be my humble opinion that we have jurisdiction to proceed tonight and what we'll do is we'll mark into the record what we as a board have before us A1 is the uh zoning permit and that is dated uh May of 2024 and April 20 I'm sorry and May 29th 2024 A2 is the minor land use application denial form dat May 29th 2024 A3 is correspondence uh from John Jackson's office uh to the board secretary for the Department of construction and it's dated July 2nd uh A3 A4 is the velopment application package and that's dated July 1st 2024 85 are the plans called variance plan prepared by KVA engineering and it's dated March 25th 20124 last Revis June 25th 2024 uh consisting of one sheet and a six is the floor plans and elevations prepared by Merlo architecture and it's dated March 9th 2024 and it's consisting of three sheets so what we'll do is we will swear in Ted bian Ted you are the municipal zoning officer and construction official uh do you swear that the information and testimony you're about to provide to the extent you provide any will be the truth the best knowledge to help you guide okay and um good evening this is Alexandra CID is an attorney from John Jackson's office good evening and welcome and you can just uh enter your appearance and then I think we probably want to mark that yes okay good evening members of the board Alexander cido of JJJ Law Firm here tonight on behalf of Mr Rocco and miss Catherine CH follow we also have with us this evening Mike Milo of Milo architecture who's the architect on the project as well as David Birds an attorney with my office before we get started I do have a PowerPoint presentation that reest be marked as exhibit A7 it does consist of all of the plans previously referenced as A5 and A6 in addition to some Google Earth photographs and color wrings ofy very good with your permission May in these sure absolutely for your benefit it's also going to be on the screen behind you know Alexander watch your the wir that we have one of the board member over there oh hello we're here tonight seeking variant approval to construct a New 2 and a half uh story single family dwelling driveway and Patio where there's an existing two family home the property is known as 116 18th Avenue it's situated in the R40 Zone fronting on 18th Avenue near the corner of 18th and a street where the driveway for the property is located this property was purchased by my clients about 40 years ago like I stated I'm sorry how many years ago about 40 40 got it currently consists of two family dwelling with a total of four bedrooms which my clients typically use as a rental property my clients are now looking to upgrade this home so that they can best utilize the property for their growing family they have two kids hopefully some future grandkids on the way as well as some nieces and nephews and they're looking to build a home that can best suit their famili so that they can come visit for the Summers to come they want to make this a more permanent location a permanent vacation spot for their family for generations to come as you'll see throughout the duration of our presentation the proposed home will constitute a desirable environment through creative de design development techniques good Civic design and it's also going to provide adequate light air and open space this proposed home will bring what was a former older home that may not have been fully up to the current code standards today into compliance with all proper Building Code Compliance uh flood requirements Etc and it's also a very beautiful visual aesthetic upgrade to what's currently existing we're confident you'll see that this home will be a great benefit to the neighborhood the surrounding streets and this block in particular I have up on our PowerPoint presentation here just for the board's benefit before I hand it over to Mr Milo on the left is the prop color rendering of the proposed dwelling and on the right is a Google Earth aial of the existing home located on the property and Alexander if I just interrupt for one quick second just so my notes are clear did you say right now the existing structure is a family home correct okay and you're proposing a single family home correct okay and then just uh before I forget if the application is approved as a condition of that approval is your client knowingly and perpetually abandoning uh the non-conforming use yes okay thank you Mr with that I will pass the remainder of the presentation over to Mr Milo Mr Milo can you please sure you can just state your name and business address please Michel that's m e l m okay good evening do you swear that the information and testimony you're about to provide will be the truth the best of your knowledge to help you God and just for the record you're testifying tonight in Your Capacity as registered newey 1989 1988 AR 1989 graduated Unity miam New Jersey ins technology of architecture 1984 doing this for a long time graciously accepted Mr Milo before I touch on the architectural plans prepared by your office I have up on the screen page five of our PowerPoint which is the variance plan prepared by Mr Kupa office kba are you familiar with this plot plan that was prepared based on your architectural plans yes I am can you briefly describe for the board what we looking at on the left as far as existing conditions and then what we're proposing on the right just generally those are the existing conditions two story towelling non comping in at least one side set I'm not mistaken Mr just so we're all clear this is Page 101 of your plans as well the uh that would be Joe was the kba engineering plan so it's actually two non-complying sidey guard setbacks um and then a front yard non-complying uh setback uh with the existing existing as it sits two two twostory two family and I note Mr Malo on the zoning table on Mr kba's plan here it appears that the front yard set back to the house the front yard setback to the porch the side yard setbacks on both sides of the property the impervious coverage and the minimum driveway setback um are all being uh increased or they're being made better opposed to the existing conditions improved as we're complying with the side yard setbacks that will no longer be a variance the front yard setbacks as well to the forch and to the to the uh dwelling itself and we're decreasing the impervious coverage in comparison to what the current home has correct decreasing the impervious to compliance yes I'm going to throw your plans up here on the board now um on page what page would you like me to have up here A1 sign y so can you describe generally for the board the home that we're proposing what the layout looks like and about the exterior features okay we uh we'll start with the floor plan uh roughly at 24 2450 ft home open first floor plan uh three bedrooms on the second floor go through the sizes on the bedrooms the two rear bedrooms are 10x 10x 113 11 by 113 modest in size we only have 224 to work with overall so we did C the quote unquote Master primary bedroom 139 by 151 so addal not overly done as far as the bedrooms are concerned with that two baths on that floor on the second floor um the two bedrooms 111 by 1311 a bedroom the course is 126 if you just take the 1111 down it should say 1111 by 146 yes those bedrooms may appear a little larger but don't forget of the five foot walls on each side so the ceiling Heights are clipped a little bit on those two floors with one bedroom small deck off the back and the open deck uh up to the uh Street side actually the deck cover deck Below on the second floor and the entry ports on the first floor now I'd like to show the board members page three of our PowerPoint presentation um I know we've discussed the I have the rendering up here of our property what are these two photos that we're looking at on page three of the PowerPoint presentation can you identify yes I can get addresses their neighboring homes one is across the street 11318 which actually 75 ft away from this property the other one is on a street 1707 which is right across the street from the driveway which is 65 sare fet from and in your opinion as an architect how did these homes compare um in size and character to the home that we're proposing to develop well um I I don't know if the havean architect to see it but we're we're trying to do similar things and that's what the client approached me on and I I explained to them well there's a varant situation here the first question is well what's happening there and there so what we really want do it's pretty close to what's going on newer homes anyway what's happening in the neighborhood so yes what we're proposing is very close to what we just saw there thank you I now have up on the screen page four of the PowerPoint presentation uh Mr M your office had sent me over this image here can you describe this image for the board this is a just an aerial shot of the block itself now I see this is just a partial here extended on whole block it just gives an indication on the building itself and what's happening on the Block so if you take the block proper where the proposed residence is more than 50% and these aren't numbers it's just going by ey you can see that more than 50% of these properties are well over 30% coverage and even closer to 50% including the house to the corner next door which is actually 2T wider and longer than what we're proposing and this is the house right next door on the corner and based on this image that we have up here where you can see the other properties on this particular Street and block in your opinion does this proposed home in light of the homes around it providing adequate light air in open space and if so why do you think so well I think our proposal even more so does so if you look at some of the properties again even across the street there's the accessory structure of the garage which is a few feet off the rear side we're not imposing on the neighbor to the rear we are over yes we are over on coverage I'll get into that a bit there's number impr but air and light of the house yes is over we're not closing a garage which would je not jeopardize but cause some air and light issues on the neighbor to be and in particular I'm going to throw our rendering back up on the screen it's page one and also on page two of the power presentation can you describe generally for the board the style of the home architecturally and some of the elements that youve decided to implement including the porch the railings Etc yeah it's I would say the form is similar but with maybe cleaner lines so it's a little more I can't call it a modern home but we're leaning more towards the modern yet keeping similar lines to what we have in the neighborhood and as far as the porches that we're proposing here in comparison to other sorts of porches and enclosures do you believe that these porches we're proposing will provide adequate light air and open space and if so why do you believe that well anytime you provide not a solid block or solid structure yes it does count toward its coverage it's not it's less impactful on the on the neighborhood unless it facilitates more air and light in the neighborhood then would if this were just a solid structure and now if you're looking at the home from the front of the home on the sides of the porch are those going to be open with just a railing or what will those look like if you're driving past the home just just an open porch and a continuation of the clear front okay great I just wanted to clarify a few points um that we had on the zoning uh the letter from the zoning official dated May 29 2024 with respect to the building coverage variance we're seeking can you provide clarification to the board on that building coverage variance 30 30% the uh which is required uh proposed it indicates at 36.6% and I have a question for mran if you will does the basement access does that count towards building coverage the basement access um no that no that wouldn't okay so I I noticed in gu Associated M was involved in reviewing the drawings I Noti that wasn't counted in the overall coverage so that sare fet less so we're closer to 35% okay if I take away that 38 Square fet we're at a total of 1251 and not so we're really 35% yes it's only a point but it's point less than what what was proposed if that's true that the basement access do not count just simple math you take that envelope it's pretty easy it's a rectangle and we're actually 38t less so we're seing coverage increase of 5% not 6.06% just for clarification is it I'm sorry simple basement access to maybe maybe 18 in of upgrade or so 20 that counts on basement well you still have access okay he just clarified that be but still the basement access door craw fo which probably means it may take up less space it won't be much more of a run on steps be aded you know so we're still in that range closer to 35% and Mr Malo with respect to the building coverage variants in particular and your opinion based on the character of this neighborhood in the street as we viewed before do you think this proposed home although we are seeking that building coverage variance is overburdening this site or is this within reason compared to the lot that situated on well I I think it's the reason I know you can't compare to other homes but I I looked at the U floor area ratio we're we're 8 f% under on Flor area ratio yet 5% over on cover how could that be Uh something's off on those numbers either the B has to raise the coverage or lower the the floor area ratio because I did the numbers it's impossible to get to 78% if you're limited to 30 30% coverage I went aside I did all kinds of modeling and stuff so that's off that crept up on me that number because we are so low so low 69 70% full 8% under flary ratio so that being said that what you see in the overall block that yes we're over but it fits right in with where the development is or has been on this Mr B while we're over on the building coverage another important component when you're concerned about overdeveloping a lot is impervious coverage are we under on the requirement for impervious coverage well we were over now we propos under impervious great so based on that representation um it would be safe to presume that there will be no worse uh drainage issues compared to the existing home that was there correct no absolutely not one of the other points we wanted to clarify in the zoning of official letter of May 29th was the language regarding the Dormer width permitted would you be able to clarify that point uh the Dormer WID well there was a previous design there was actually an extension of the floor into that dorm it was a simple R design have just a stair only in the Dormer and if you look at definition of Dormer uh all Dormers except stairwells must be St back a minimum of 24 in with the exception of the Dormer above a stairwell no single Dormer uh with the C of dmer above there well no single dmer makes 10t in L and that was already addressed be redesigned so only the stairs within that Dormer no floor area and I'm sorry just so I know do you see still need variance relief for that or no the as far as with this with the exception of a dormer above a stairwell okay so the width of a dorm Dormer above a stairwell shall be restricted to only the WID for that required headro over the stairway so we didn't overd do it we just designed a functional stair within that Dormer and I think Mr B will agree yes so that's no longer an isue thank you and the last point I wanted to clarify was a notation regarding the half story in the PowerPoint presentation on page six there's a bubbled rectangle at thep of the plans this was amended on on these plans the rest of the plans remain the same but this notation was added for clarification can you just clarify that no INE the board isn't able to well the comment actually addresses something something else which was an oversight on my part we had an access actually a side deck which created a wall higher than what is required in a half stor area so we eliminated that completely so there are no walls above actually the RoR on the few in above the floor I believe 3 ft is allow so that has been completely eliminated the further clarify we' included on that she1 the bubble area that the calculations of area of 5T 40% of the area of the second floor can't have to be greater than U 40% greater than 40% of the area has to be at least 40% 40% that's right and we have that that's clarified right on that um right on that right on sheet a so Ted this is a two and a half story structure yes Mr M just a few more questions um to wrap up your testimony here in your opinion does the existing conditions of the property including the size or topography create any hardships for the property specifically in relation to the frontage and lot area variances we're seeking conditions of the property well one of the points on parking um if if we put a driveway from the street from 18 we'd be left with a 17t wide house so that's why we're using the 10t section for the driveway and parking on the west side coming in so that itself if weeks were to one of the items is the driveway with and you need a 1ot buffer well we have 6 in a 6 in buffer inste that would have putting the driveway in in front would have created again a 17t wide house which I'm pretty good I could do some things but that would be some challenge to make make that work and what about the size of the lot can you is there a way to increase your lot size sorry if I just just interrupt one second so was that the driveway set back one footz for card and you proposing 10 that section of the property wide and required parking is 9 so we have in on each side it as opposed to the 12 that's requ thank you with respect to the lot Frontage or lot area itself is there a way to increase that or are you working with what you have here the U I'm working with what I have that's the property the health configuration on the property and we're slightly under sized on what's required in the zone correct we're under sized yes and what is well if the parking then if that's allowed that parking there it does work in our favor if we can't use that then we're actually being penalized for that portion of the property property that extends over there okay so we're dealing with what we have yes I answer the question you did yes in your opinion do the benefits of granting our requested variances do they outweigh any potential potential detriments of this application of which um are there any well the benefits through throughout the uh so the way I see it we're looking at possibly a coverage issue but everything that's happening here from two plant family to a one family not proposing anything on the rear yard at all um you know open port structure in front conforming with again some of the newer homes in the neighborhood I don't see it and can the variance relief that we're seeking this evening be granted without substantial detriment to the public good for example will our proposed home C cause any damage to the neighborhood or the street we on and then lastly will the variance relief saw if granted this evening substantially impair the intent and purpose of the Zone plan and zoning ordinance or are we somewhat close to what the Zone plan and zoning ordinance require um I I don't think it would be paed at all again if they check my numbers and I L ratio as it relates to building coverage they may find um well I don't want to get into that so U as it is question again no it doesn't mess with any of the zoning zoning intent great thank you I have no further questions for Mr Milo at this time that include presentation I'd like to do a summation at the end feasible or you want great we open it up to questions to first start Mr okay um I have a question in the uh land use zoning permit you have a floor area ratio 771 but then on your plans you have 68 yeah the plan dat was that uh well this was 529 who prepared that well this was the the permit that would have been Ted's office prepared that based upon the initially submitted plan so there's been a okay so the 68 is the final yes okay so I have a question about the parking spaces yes now you I walked a lot you have that L-shaped yes piece on a street couldn't you put three cars in that driveway actually that's what we show on the uh Engineers plan we show three spots okay because once again this had one yeah since since I reviewed that it changed a lot yeah we can't tell what what's changed you know so I'll answer whatever question and so then the impervious coverage I'm sorry Mr jio kind just say one quick thing on your uh excellent parking question so is it the testimony that three spaces are required and you have three spaces well it's a combined comment there we're only allowing providing we're not providing the proper buffer gu we're six off each side right but in terms of number of parking spaces what we show on kba's plan that plan right there on the upper the top there are three spots okay and to clarify as long as we're granted the setback variant or the buffer for the driveway we will provide the three spot have the three spots okay so what does that do to the impervious coverage all the everything was caught up all the all the numbers were CAU up well but my question is you originally submitted impervious coverage of 4817 with one parking space you're now saying you have three parking spaces but you're still showing 4817 on impervious okay I'll try to answer for Mr kba's office here um forgive me I'm going off plan so I can give you an answer here quickly almost quickly and to clarify the plans that are marked as exhibit A5 draft 325 and revised 625 so 625 would have been after the zoning permit the impervious coverage and the parking identified on those plans is accurate it's the three parking spaces and the inferious coverage of 48.7% those calculations remain accurate you say so right three spots provided 6 in buffer on each side right and you're restricted because of the WD current width is that correct yesway perious P let's move right down yeah it looks like the driveway yeah let's just touch on that all right so we we'll do some ma here if we can do that so 60 ft * 9 wide is 540 impervious would be 270 the I show 162 as opposed to 2 7 but if you add 108 to the impervious we're still under our total imper okay and all I did was do 20 * 3 is 60 * 9 is 54 half that 270 so we add 270 under the proposed the lower right on mr's plan there's 162 weting 108 so 108 we get us to 18 1830 1830 were 196 driveway my questions have hardly been [Music] answered dra everything that will be addressed during resolution compliance between our engineer and the bur engineer that's it that's it the only question I have and I'm not sure I understand it completely you have a 9 foot wide driveway you're putting it in a 10 foot wide space and you're splitting six in on either side of it 6 in which would be to the sort of to the South is against the the applican proper it's in the applican property couldn't you shove that driveway and use up that six in there and give you the proper setback on the outside on the neighboring property well they're both uh talking about the leg just the leg the Western most leg of the pocket which is 10 ft wide if we push it either way we' be encroaching either the neighbor to the North or the neighbor to the west I okay yeah I understand what you're saying that third we pull that in but we still run into an issue where we cross over building close to a neighbor but I understand what you're doing now yeah okay that's yeah the plot plan's a little busy so I might be missing it on here but um I don't see your condenser units and I just wanted to confirm that they're going to be placed in compot Max yeah the uh this AC units proposed AC units there's an arrow they're not shown they're just shown in squares um quick question uh is there no grass in the backyard is it just grass along the Sid as it exists right now um just just right now but what's proposed in between the is that what you're asking I'm asking where the grass will be I I'm seeing a big patio and I'm seeing a big driveway and where's the grass on the side of the property I can swearing my client if you'd like to get the Tes directly as of now there's no it's just weeds and sand there's no landscaping or grass really in the rear yard it's just there's some grass a little bit gr app where will the grass be or a perious any perious surface you're saying whether it be stone or grass UMES of the house in the front um and surrounding the patio area there'll be limited grass in area where there's availability for that there's about 10 foot grass of approximately 10 foot to the cl to the side okay back that's it thank you Mr anything regarding the Third all right so existing structure to be removed new structure to go in not reusing the existing Foundation no um and then briefly just for the benefit of the board if you don't mind can we just get a quick identification of your preexisting nonconformity variances and then your variances that you're seeking to So currently existing our lot area is 4,000 square ft where we have 3575 ft that's an existing nonconformity that will remain the minimum lot Frontage requirement is 40 ft we're at 32.5 ft that is an existing nonconformity that will remain minimum lot depth 100 ft required 100 FTS existing and proposed front yard setback to the house um required is 19.3 Ft existing is 18.3 ft which is an existing non-conformity we're bettering that situation and proposing a front yard set back to the house of 20.08 Ft the front yard set back to the porch is 10.15 Ft we are currently conforming at 10.6 feet but again making that condition better as well by proposing 12.08 ft to the porch front yard setback side yard setbacks are 5 10 ft combined we currently are at 7 ft and 4.8 ft which is an existing nonconformity we are making that condition better as well we are proposing 5.08 ft and 10.16 ft which is conforming the rear yard setback 25 FTS required existing is 41.7 we're proposing 25 ft which conforms Maximum floor area ratio 78% permitted we are at 43 3.41% now which complies and we are proposing 68% which also complies principal building coverage 30% is required we are currently at 27.5 we are increasing that to what was what's currently on the plans of 36.065190 currently the lot is at 51.64 we're making that condition better as well and proposing 3817 which conforms building height 35 ft or 2 and a half stories is permitted we're less than 35 ft right now at two stories and we're proposing 35 ft and two and a half stories which conforms minimum driveway stepb one foot is required right now we're at zero ft which is an existing non-conformity we're making that condition better by proposing um six in or half a foot for the driveway setback and then minimum access setback to the AC unit there I believe was none or there was no calculation um we're at 6.69 FT where 3T is required so we can form there as well thank you for doing that open up comment any sorry let's open up public questions regarding this application I see none a comment oh there you go come on I'm sorry apologize no problem and we'll just state your name and address please okay do you SAR that the information in testimony you're about to provide to the extent providing would be the truth the best your knowledge to help you guys thank you um I've own my property for 25 years I've known Rocco for many years um I'm totally in favor of the project it would be great Improvement to the neighborhood and um I plan on doing something like that in the future as well um the only issue I had was in parking and when I went to town hall today and looked at the plans I saw it was addressed uh to to make the three spots that's it my only com appreciate anybody else see none Mr the uh forch roof the deck yes is covered that's a v yes that's one thing she correct she has a not of here is an existing noning condition however when you're building a new house she VAR everybody understands that that's a second de um comments Mr Ross you just go right down the line real quick thanks for next presentation yeah I I think it it's a great application um the one I think the one thing that when you were going through the variances existing and proposed the one that you didn't in favor of the application too is good going from two families to one family and you correct is already it's the best you can do with a tight piece of property good job it will definitely quiet um I'm in favor of it um I think it's wonderful use of that little stupid L back there excuse the expression but to put three spots just a little bit of variance makes all sense in no comments on that I no comments oner nice presentation thought you wouldn't mind a ler sharing some of that with one of our department and that was based on a 4 by 100 okay Mr chairman I've taken the liberty of writing down some potential conditions of approval in the event the applications approved and the obvious would uh include our standard conditions compliance with all the promises commitment and representations the team made tonight obtaining any necessary outside approvals with the caveat that if the application materially for the application requested Rel materially changes as a result uh they might have to come back uh requirement that the applicant secure building permits within 24 months of the adoption within resolution for any agreed upon extension compliance with any uh all affordable housing rules regulations contributions that b Belmar may require and we had a couple things that came up tonight obviously Mr chairman you pointed out getting the demolition permit and uh obviously as Chuck pointed out one of the big ones is the in conjunction with the approval uh the two existing two family use of the site which is a uh grandfather use will be abandoned perpetually and knowingly perpetually and permanently abandoned in favor of conforming single family use and we're going to uh confirmation that it's two and a half stories uh we usually have a good faith effort to uh have underground electric utilities if if that's the possibility and feasable uh compliance with Construction and building code we're going to confirm that the impervious coverage um let's see is that building coverage correct building coverage uh will not exceed 35% um compliant f for the testimony um to miss um P's point we usually have confirmation that the grading and drainage details have to be approved by the burough engineer and U not have any adverse uh impact on adjacent properties we're going to confirm that uh plans to be revised if necessary to have the uh the conforming Dormer withd there is no variance to that confirmation there is no variance for the number of floors it's two and a half stories and um we're going to have a see um confirmation that there are three parking spaces and there is no parking variant necessary um Mr chairman to your point that the plan sheet govern uh driveway is going to be perious papers and the uh patio will be pervious papers and I think um uh Mr Borio one of your questions will how do you know one of the conditions of approval that you all have been uh inserting l or lately is after the application or after the uh structure is built the applicants uh engineering team or appropriate professional provide certification that the structure buil plans and accordance with the testimony and accordance with the resolution it's just one other uh way of minimizing the opportunity for problems um in conjunction with the uh bur engineer reviewing the grading and details to miss H's point if you need to drive well you're going to have to work that out with the the bur engineer uh AC in his Z in compliant location and um we usually have a perpetually maintained uh and I think what you said is you're going to provide some PLS of the grass on the sides and in the front and in the surrounding patio area um I think that was the the gist it yes thank you thank you very much have a good evening so you can tell John JJJ Jackson that very well thank you this is my first they all summarize exactly what I was saying anyway let me get [Music] a I am application that would been work we may have done that may have a good night oh thank you very much thank you congratulations conratulations thank you [Music] ladies and gentlemen application and Mr chairman as we um get ready to go let's just do a couple of preliminary proceed things for the second and final time sare in our friend Ted the municipal construction official official okay you SAR that the information and testimony you're about to provide to the extension Prov would be the true syester knowledge to help you guys okay thank you let the record refle Mr beon has been sworn and uh is there anyone here had any questions or comments or concerns regarding the sufficiency of the notice they received no so let the board uh or let the record reflect the board secretary and I reviewed the notice and found everything to be in order so be my humble opinion that we J to proceed tonight and what we'll do is Mark into the record what we as a board have before us so A1 is the minor land use zoning permit and then dated June 12 2024 June 22nd 2024 A2 is the minor land use uh denial form and that's dated June 22nd 2024 A3 is the development application package dated juneth 2024 A4 is we're going to Mark uh it's a I'm going to call A Narrative of intent that Mr Scher and his team put together just explaining in English what we're looking at A5 I'm going to Mark as the resolution that this board adopted from a hearing back on February 28th 2022 I'm sure Mr shers will be talking about that momentarily but that resolution adopted March 29th 2022 so we'll mark that as A5 and then um let's see uh A6 is a letter that Mr sent to me uh back on September 20th 2023 regarding some post approval uh uh issues that the applicant team encountered and the team will talk about that and then A7 is the bur bmar application checklist and last but not least we have A8 architectural floor plans and elevations prepared by MB K architecture and that is dated June 25th 2024 and I believe it is five sheets so April does that sound pretty much like everything okay so um Mr chairman we'll turn it over uh Bill shers good evening good evening Pleasers sherson on behalf of the applicants whove been introduced they are to my right and behind and um I think first I asked Mary Hearn who's going to be one of our principal witnesses to Mark any additional words photographs uh that she has brought so we can reference matter record can we just accept Miss he yes so um May we'll swear in Mary Hearn Mary if you could just state your name and business address please Mary hear licensed architect 17 Main Street Belmar do you swear that the information and testimony you're about to provide will be the truth the best you knowledge to help you gu yes and uh Mr chairman given the frequen with which uh Miss Hearn has appeared here you are certainly within your right to accept her credentials as a regular attendee at our meetings and Li and that too Mary if you would just than for not making me tell you how old I am if you just be so kind enough to describe what the exhibit is that you like the mark next and I'd ask Mr chairman to Mark at 89 so the first exhibit is an aerial photograph of the local area from the internet that's A9 you said correct the next is a photo board so A10 is a photo board containing eight photos eight photos of the subject property correct taken by your office correct uh in the last today today except for the two in the middle are taken off the internet all right so it's an accurate depiction a 11 will be a colored site plan identical to sheet one of the architectural plans except that it's colored thank you that's A1 and that's prepared by your office and what's the date um 62524 thank you and then a color front elevation would be 12 identical to sheet four of the architectural pages but that it's colored 12 correct and then Bill I just have mounted um the floor plans and the um drawing from the previous yeah so we mark them as the 22 Pro um a A3 2022 uh board approved Elations and floor plans of the principal dwelling thank you okay I'm sorry uh four plans of principal dwelling correct and prepared by you yes Joseph m Highland dated last revision date 91522 thank you do you want any of them up on the leave them your advice you want the photos handed up not just yet I'm Mr chairman what I'd like to do is also swear Joe deck who is um one of the principles and Frank Mars who is a general contractor Builder sure uh so Mr deck just spell your last name and you are the applicant owner yes okay do you swear that the information and testimony your back to provide be the truth best your knowledge to help you guide I here thank you and uh Mr Morris just m o r r i SRE and what's your business addressy okay if you could just raise your right hand do you swear that the information will be the truth and best your knowledge to help you guys and just for the record as Mr Sher indicated you are the applicant contractor Builder thank you and you're a licensed Builder right yes thank uh Mr if I just have a very brief uh opening overview might help the board a little back up thanks so as assistant usually I write my openings but I was assisted This Time by Miss hear so I think she may want to also be because I always want to be an architect so I think we're blending our our talent so 50212 is on a north side of sou Avenue one parcel off the corner just west west of B Street l 50 by 145 ft it's 7250 ft in r70 zone House was built somewhere the parties are estimated in the 30s perhaps the 40s an old house currently exist old front principal dwelling in the brand new rear Cottage and garage and um in February of 22 the applicants received approval from this board to uh expand the principal dwelling Mary's going to talk about what that approval was demolish the existing accessories Cottage and garage that existed and construct a new accessory Cottage and garage so essentially they this board in 22 that an expansion of the nonconforming use was appropriate under the circumstances presented it was a unanimous vote by the board U I would humbly say it was a relatively humble expansion of the non-conforming use um the um zoning approval permits that were uh they were attained the rear structures were demolished the new rear access Cottage and garage was constructed beautifully and successfully by Mr Mars for which the PLS thank him for his work work then began to expand the principal dwelling in other words add on to what was existing his 30s or 40s home and when Frank started to get into the nitty-gritty and the dirt so to speak uh he found out that the U existing Foundation was was uh uh the footings were uh deteriorated and undermined uh they were insufficient to support new second and third floors the existing block Foundation was severely deteriorated and it was determined by and also that the existing basement floor and the additional basement floor were set below the is my water table so of course Frank the professional he is can eat FR Lighthouse 1995 I can't believe Frank I that many years have pass and you still look so good by Ball but in any event um there was great concern about trying to save the existing structure um there was great concern that this was going to cost a lot more money U this there was great concern that oh know we're going to have to go back for board perhaps so what do we do and um they spoke with Ted they discussed maybe some Alternatives and uh thankfully U they walked into my front door and um Joe and I had some really heartfelt conversations and uh while Mary is a wonderful sweet humble architect she will never criticize and I've seen her this Sport's probably seen her criticized for architectural work I those plans and humbly said we can do better and uh you know you try to patch this thing up you try to find a solution but uh go see it and that marriage was born um marri did I think a beautiful job as the DS have said and hopefully they'll thank you afterwards one of my highest confidents I've had a long time after Mary's design and said you know what is the best conversation we ever had I just want to thank you so for putting me in touch with Mary to design not just the house that I thought I was going to maybe live in with my uh wife for the rest of our life and now a perfect house to live in for the rest of our life so here we are with Mary new home that Joe thinks is a perfect home now Wizardry is something we like to try to sub specialize in when we come before you guys because we always want to make presented to you better the prior approved application by this board in 22 required at D variance for far at D variance is eliminated by VAR and her redesign of this structure so very significant in our eyes I think very significantly have this board look things to avoid far and eliminate far when possible U our impervious coverage is now compliant which it previously was not and our onsight barking is compliant as well Mary will testify to a little bit of a Nuance regarding regarding building coverage because we had um indicated that the zoning board had approved previously 32.3 if you look at Mary's second column zboa approved 2022 says 32.3 Mary in her diligent way reviewed every part that she put a prior approval and the resolution and determined that the resolution indicated that what was actually approved was over 34% and she prop 34.6% so effectively this application not only removing three variances is asking for almost The Identical building coverage uh as the prior plan I don't want to say this this is a no-brainer uh because I have to still prove to you the Salient elements talk a little bit about with DC the case law about particular suitability all of whiches were previously found to uh handle the intensity density of the project but with that in mind uh I'm going to call Mary I'm going to turn the floor over to her try to stay out of her way she is the principal uh but you know what let me put Frank on first so in case Frank want to take a nap afterward take a nap Mr mors can you come on to the seat next year identify Yourself by name and occupation is Frank contractor years Frank uh you were retained uh relative to the construction of the rear Cottage and garage by the applicants uh couple years ago or year so ago yes correct and you successfully executed that the plan yes and uh then the next move was to uh attack the uh front building with them having the rear colleage poent inhabit while the uh front house is going to be uh uh expanded and renovated yes and tell the board what you encountered as you started to uh attempt to execute the uh resolution approvals existing foot on the house prior St construction to make sure sufficient on escavation we saw the to in and there should be minimum wi they should be 24 they only like 12 in so very very under sized uh the block work the inside was just to many years of water penetration was all Decay based upon your experience of of that type of existing condition did they have any recommendations for the applicant yeah hard to hear you should and that was based upon your construction experience knowledge um uh and insight regarding attempting to put uh one or two floors on top of what was existing correct um and uh with that U you're here now you you reviewed the current uh proposed plans correct yes and uh you're looking forward if approved the build this and you feel that every that Mary designed you're relying upon her confidence to build this new correct fur for Mr Mars anything else you want to add Frank I no thanks for Mary please you want something up on itel I'm going to let you put up whatever you want you're going to tell tell the story of your of your design your meeting just because I'm going to get up so tell tell a little bit of the program that you chose to implement and discuss with uh the applicants when they came to see you what they presented you with what challenges and how you approach those challenges so I I found just recently it's been common that um I meet with clients who maybe are unhappy in their path in building new and possibly wanting to sever relationships with an architect and hire me and it I I want everybody to love their architect I want everybody I don't want the my profession damaged in any way so I try not to bash um I also beg my potential clients not to show me the drawings that they did because I don't want that to tarnish what I can offer a client and often the clients have really vested their time with that first architect a lot of time and a lot of you know input and they're really looking forward to what're going to get out of it but they'll get all of me if I don't start from scratch and say let's program your house in words and then let me design it and that's hard to do when they've already been through it once but In fairness I don't want the job if all I'm going to do is redraw what someone else designed um and I'm too expensive for that too so we talked a lot about that and I they did did show me the plans quickly and then I put them away because we did do that we did sit and program what they really want out of the house and In fairness what I've designed has the identical amenities because we program The Identical amenities the same number of bedrooms the same number of bathrooms the same everything except um I feel a bit improved and I think they feel that too um the what triggered right away you know Frank we can build a new Foundation under a house it's hard to reframe a house to get a higher first floor you're not saving anything but the real Turning Point here was the existing basement floor was below the seasonal high water table and the architect the previous architect planed a new extension to that basement at the same level so we would be build they would be building a new basement or part of a new basement in the water table and that's not allowed by code and it's not smart everything's going to get wet and the owners wanted to use that basement they want to finish it if it was just housing Mechanicals we could lift them up but that's not how they wanted to use it and they had their heart set on this bigger basement also bigger home so um it wasn't easy to say but I said you've got to start from scratch we need to order order a soils report which determine the seasonal high water table and we found a way to lift the basement up slightly lift the grade up slightly and get a basement to work for them all new construction but you weren't saving the old house and doing that in any way it just didn't make sense so here we are tonight with a new home and because I believe when they were before the board before they kept putting on the record that they were saving a new home saving a new home and these are the variances that we need while we're saving this house when they went to Ted to ask hey we now need to knock this down and start over Ted said it was a big part of the testimony was that you were saving you're not saving you need to come back before the board so we're now back before you with the same kind of of house the same amenities but I've shifted it a little to the uh West so that we have a bigger space for the driveway I shifted it slightly back so that we can honor the required front set back and I just designed a home that I think um marries well to the neighborhood and serves you as the clients and I think um everybody will be proud of in and to do that we need I believe because I'm not the attorney I think we still need that expansion of the non-conforming use because we are back before you so that's one variance that we need tonight and then in my chart I had written that the if you don't mind look at page one of my drawings usually I have three columns and here there are four columns because I thought it was very important be that you can see what got approved in February and that's the second column so the First Column are the existing conditions today the second column is what was approved in uh February 2022 and then the third column is what we're proposing tonight and the fourth column is what is required so there were one two three four five six seven variances that were triggered and approved in February 202 two and we're here tonight seeking two one again the expansion of the nonperforming use and uh building coverage there will be two that ride with the project if approved because the newly built back Cottage garage is 20 feet tall and two stories where it's only allowed to be um 18 ft tall in one story and that's brand new that was approved so so those are pre-existing nonconformities but in preparing for today and it was a little difficult for me because every architect doesn't do things the same way there wasn't a chart in the old architect's plans that I could just write everything down I kind of had to find his calculations and I'm coming to believe that there was some um awkwardness in his calculations while he was here before the board on coverages so I went again in preparing for tonight I rad the resolution I had read it when I first took on the project and I found that um the building coverage that was approved in 20122 was 34.5 and 34.5 but on my chart I have written 32.3 and the 32.3 is on his drawings but I believe they weren't calculated properly and then that was discussed at the I wasn't here at that board hearing I believe that was discussed that night and I believe um I don't even have a copy of what was noticed you know we tried to find these things but I know in the resolution that's the number at 34.5 so I believe that was what the board felt comfortable withy just I'm sorry if I you but just so we're all understanding as board members these calculations reflect two structures on this correct yep they include the principal structure the covered porches associated with principal structure and the rear structure as it sits today the rear structure as it as it sits today and we have we ordered an asilt survey before we did our work so that we knew that would be accurate not was proposed and may be built differently but exactly the as built and that's been submitted y yep so um so I believe if I realized it was 34.5 I would have found a way to be at 34.5 and I think I could I'm at 34.6 um but it made me feel even better that in redesigning it we're very close to what the board at the time felt very Comfort or felt can't say very was comfortable improving so I think we're here tonight to um talk about again the expansion and then um the coverage I'm going to um send up to the board because Bill me Authority here well Mary you use the word expandion really the only theoretic technical expansion is a 2100s of a building coverage while you also reduced and got rid of a 55.2 far varies to 53% so that's a very nice definition of expansion well again I could argue that I don't I could find a way to lose that 02 and not even expand it but are we here because it's a new application we we're here because it's a new structure replacing the on that they were not Mr stripers as much as I appreciate that and I was not here during the time that the previous application was approved but the members that were approved it based on their feeling being 32 not according to the resolution not ACC to the res what may just described to you Mr chairman yes and the resolution that was marked page five so the applicants noted in their previous application 32.3 we're we're not sure what the what was discussed at that meeting to be honest and I don't know if you can recall you I recall that my architect didn't have the numbers correct and I recall him scrambling to calculate at the last minute what the numbers were and the awkwardness of that interaction I I was not really much more understanding what's going on now and but to simplify the resolution States Mr Di said4 and you're asking for 346 or practically the same number thank you yes and Mar is correct it is the top page five 22 um resolution 3458 propos which is was and I'm happy to walk you through the plans I won't take too much of your time but again we're hoping to knock down the house completely and build new and we've averaged the front setbacks from both houses on either side of us they were on the survey the brand new survey so that was nice to have our average from set back is 15.2 the existing house as it stands now has a covered from porch and the second floor is as forward as the porch front so the front of the second floor is there front set back now at 14.3 so technically they are further forward than the houses that straddled them and so I've pushed the new house back slightly to meet that average um at 15.2 where 15 I'm sorry 15.3 where 15.2 is uh required and that is to our proposed second floor so if you look at the site plan the first sheet there's a heavy dotted line over the covered porch so the second floor is forward of the first floor a little similar to how it is now but I've got some jogs um going on as I usually do change of clean this is the proposed front elevation and this is sheet four in your packet but it's just colored so this portion of the second floor is the furthest forward solid wall of the house and that would be01 ft back from what is the requirement so um I've o shifted the house slightly to the West at the main body of the house is 6.5 ft off of that side where today it's at 7 ft um and I've added a couple jogs on that West Side for aesthetic and for a little bit of function and change of space inside so I've got a one foot jog at the dining room um near in the back you can see that on the cover sheet and a chimney now there was a chimney um encroachment also the chimney that meets um the requirements that would leave 13.5 to the main body of the house on the east side and I have a little jog out there for aesthetic to 13 ft so the sides would comply the front would comply the rear complies the distance between two accessor structure complies the height complies uh we comply with parking um we're proposing four bedrooms in this stouse there are four bedrooms in the previously approved home and there's one bedroom in the back Cottage we've required two parking spaces technically for a dwelling and then three for the front so five are required and we can actually easily fit eight on the site so um opposing a driveway that accommodates and garage which is built um to accommodate eight cars so we're great on parking and we're good on all our setbacks and height we comply with f um the previous application was over on F and I I believe because you told me this that they were beat down a little bit on the F and they brought it down but just still over compliance and now we're 2% under compliance and we're okay on impervious coverage because we are taking advantage of the 50% credit for all semi perous pavers on the ground the only one that I've held out as not semi perious is the front walk just in case they want to do blue stone but everything else is proposed at semi perious papers and we'd be at 49.8% where 50% maximums allowed so um building coverage we are proposing at 34.6 and it's a direct result of the larger back structure I believe this house and I've drawn both houses on the sides if you look at the cover sheets you can see the depth of the neighboring homes we are right in the middle of being as far deep as either home that's flanking us there are back structures on both of the finding properties also story dwelling on the west one's a one story garage so I think we fit in very well still with um the neighbors the immediate micro neighborhood and I believe you had a planner at the last meeting that testified to that too um because it's in your um resolution so um I still feel we fit in very well uh we are proposing an open slat small deck at the rear of the home for a couple schools and then down steps to a small patio and a place dedicated place for Grill um there is a back dwelling and right now there is a walkway on the Westerly side of the property that suits the usability of that um Cottage independent of walking down the driveway so we'd like to reinstall that and so that's shown as well and it's all meets all the required setbacks the driveway meets the setbacks the air conditioning units that were approved at the first application are up on a balcony on the third floor on the west side of the house and we've continued that here so they're not on the ground they're up in the air on the balcony on the third floor and if you look at the other elevation behind that I just want to point out for Miss Brazil if you would show her Greenery and la and grass you can point point it out as on which exhibit this is the colored site PL uh a 11 to prove you know what is green and and what is hard surface so there's Green in the backyard that separates the patio from the driveway we not sitting right on top of cars and there's green behind there's a lot of green in the front and then um if you can look at sheet five of my plan so it's the last sheet the air conditioning units are proposed here on a balcony you would not see them for the rail and they would be more than the required distance off that Westerly property line at 7 ft and they're shown on that cover sheet dashed in on the site plan too we also are proposing a generator it's near the B Cottage in a Cod compliant location as well so on sheet two if you want to tag along we're proposing a basement that's mostly finished just one open room TV and exercise a half bath a bar mechanical spaces unfinished and Mary that was consistent with what was approved in the 22 plan is that correct right these are the identical spaces that were proposed in the basement before first floor open kitchen Family Dining stair halfbath mud room Pantry front covered porch rear deck identical to the amenities that were approved in 2022 the next sheet is second floor three bedrooms are proposed a laundry room and two baths there's a sitting room a private to the master bedroom that those are the exact amenities that were approved before there's a covered balcony off the rear of the master bedroom and there was one in the original application that was approved and then up in the half story third floor come up the stair to a loft a bath and a bedroom and you can see those AC units off to the left there and that's the west side so if it helps the Board this is the proposed elevations on my sheet four the front is at the top colored now this would be the driveway side with the stair tower all compliant and I think on the back yeah on sheet F sheet five what did you oh no the last sheet this is the rear proposed elevation and the West Side the West Side elevation with the pop out for the dining room and the chimney and that small covered porch off the master the small balcony and it's truly only there for those AC units not to gather on there's no extra space um and then bill will want me to show you if you'd like what the house was going to look like and I should just offer that up to theard yeah I know how tough it is for you Mary to plan but my commentary has been made on that prior appr okay the best with what they have and again they were they were trying to save a house they had different parameters I do I would just ask you to care what was approv so Mary while they're doing that I'm going to do a little bit of legal stuff with you okay uh first of all the um electric how is the electric of Mr cap going to uh come to the principal structure underground okay and the um as they asked in the prior application drainage uh do you have a position on drainage and a position to comply with any recommendations yeah just like the last application with a new house we have to provide graic and drainage plans a site engineer typically does them not me and they have to be reviewed by the town and approved so we're expecting to do that if approved as a requirement okay and uh under the use variance the variance there are some things that you and I repeatedly talk about I'm sure they talked about in the last hearing as to um whether you feel that this proposal and actually the old proposal would improve the General Health and Welfare uh of the community by eliminating the outdated deferred maintain 1930s or 40s home replacing it with a new modern code compliant structure resistance to wind storm fire you agree that that is in the general welfare and benefit to the burrow of Belmar and the neighbors of the property yes do you also agree that I hope this is an easier easy one for you that you feel your new building is an aesthetically intrinsically pleasing uh building that would be an asset to the neighborhood yes do you um believe based upon your size being similar and they're being prior to family on this site for 90 years that the site is particularly suited to accommodate the structures that are being proposed upon the site yes uh you're familiar with what we call the negative and positive criteria in other words is there any um negative effect that you see to the neighborhood of approving this property in Le of the one that currently exists I see and uh from a positive perspective do you reaffirm what I talk you about Aesthetics General Weare health safety wind storm fire resistance that is that is a positive benefit it is a positive uh do do you agree that there is no substantial detriment to the uh public good by this board was to approve this request yes do you also feel there anal detriment to the master plan or its intention if this board was to so approve this application yes with that is there anything else you feel you'd like to add Asos to responding any board questions ores that they may have except that I think sometimes the board cares that fact structures marry well to front structures and we've taken some of the details that were un nice about the back structure and played some of them in the main house and we're matching the windows siding and the roof color um so I'm sry matching the windows siding and roof color so that it looks cohesive the rear structures already already PL and we have a mix of clap bird and Shake as that structure does too that would be all of Mary um I would just put Joe on for about 30 seconds and that will be my presentation uh Joe uh I know we've come a long way about a year ago I remember you and Randy cringing but sometimes um things happen for reasons maybe Mr mors was that reason when got into the dirt can you can you just the board I think what you've said to both Mary and I about how you feel about this home compared to the home you were about to build in 22 and how you feel and your proud proud conscious that youve described about this this home as opposed to which would have been a lovely home in 22 but what you're now asking is wor it's unseal the journey has been absolutely incredible but you know meeting with Mr chers and um understand the better has really enlightened me to realize like truly what mistake I would have made creating what I thought was a beautiful home to recognize now what is truly an amazing home it's like night and day um you know everything happens for a reason and you know we really were set in our ways to try to salvage the house I really don't like throwing things away but really at the end of the day is is just going to be you know some trainold and of course May has just been it's like a dream we never thought we have something thank you Mr open up to questions start question only only sorry only the only uh question I have is would have come before the board the first time it would have been a two would still been two two separate on the thing on theot whether or not that I don't know all I can say is home is beautiful like you said maybe things work out for a reason now I see what is here for it's good Mr R have questions I have question is pretty well explained no questions I always have question okay sorry just for matter of fact and record the front house is going to be how many bedrooms are back four bedrooms three full baths two half baths and pre-existing rear structure is one bedroom the existing one now there one bedroom and one bath there's no bath on the first FL one and the is attached is attached to the cottage correct um the I just for my reference here and the benefit of the board here can't stair tower height this building is taller than can you explain why yes so um your ordinance allows for certain apperances to go above the 35 feet as long as the footprint of them do not exceed 10% of the footprint of the structure and so sometimes it makes sense for Headroom to be slightly taller for the stair and so that's what we've done here and it's only this small portion right here so Mar it's safe to say that if I could well some of it is measured would be higher than 35 ft but under our ordinance if you measure that height that is a 35t con yes because that that specific perance is allow to go and the and the coordinance says you can't gain living space from it so when it's a stair that's not you're not standing and putting a bed or a chair on that stair the stair can't be that I appreciate you forting that just for matter oford that's she number yes it's what's it's also marked in as A2 so it's right there on that elevation the air conditioner and condensers I guess those are the condensers they're accessible through a window yeah through a large window actually so and I met with Frank and the owners too um if we had so you when we build three levels of living air conditioning and that middle level is challenge and we like to set a unit or two units on top of the third floor and then run the Ducks around the perimeter to heat and cool the second floor and the other one goes up and Heats and cools the third floor um when you need balconies and doors around that perimeter it breaks that ability to take duct work all the way around so what I did here knowing that was going to be a challenge I I figured we put window in with a seat you can just walk through that window because it's not a balcony to sit on it's literally just go out there and maintain those units right so it's a large window so a mechanic can get out there but it's not to go out with the door um Mr bian is any variance needed in Pardon Me Maybe for that cover real balcony all my questions I have nothing no questions here I just have one question on the basement plan on page two of what we have it looks like there's a partition wall between the exercise room and the TV Lounge and I think what you put up there I didn't see a partition yeah I think there's the whether to put it up or not and it's not we didn't connect it it's just you you're going to put exercise equipment on the other side we're decisive we want to have aze room but I don't want it to be like look at the equipment yeah I also want to have TV and with Mary's help we kind of like suggested maybe make that a focal point in the room they can go around because we have grandchildren and I also kind of just want to have so there's no TV might sit on WE de in and out that wall and I think even while we're when they're going to figure out if they want it okay I have no other questions up to the public questions I guess we say questions or comments questions or comments seeing none do comments got one for all good looks great and just so you know she changed my life also so good job yeah so I appreciate you coming back I mean I know it's always difficult and costly and things but I think what You' got here is much you're going to be much happier with it apologize for that um this is a great rendering um I definitely like I like the when the plan came back with few variances that's always a nice thing and I did look at your building your house today and I can see the need for upgrading it so it's a good plan I'll we went through something similar 20 years ago bu and then nice smart thank you well done it's an unfortunate circumstance that Happ luckily Mr moris caught that and appreciate your due diligence there um I like the application I like the fact that there are less variances now uh Mary thank you for trying to comply as much as possible I know you could 4 with that being said though let's make sure the on this project are imperious or part of impervious papers it's a lot of Pap there I do appreciate the side way those are all well done all I can say is well done same looks good great job in favor want me some of the conditions all on the same page so in the event this application's going to be approved the standard conditions complied to the promises some representations be made we usually have a 24mth shelf life uh for wom to get building permit or any upon extension compliance with any affordable housing rules regulations contributions uh utilities under ground good faith efforts um conditions with the or compliance with prior conditions unless Obi here in as a result of uh CL presentation um we have that typical post approval certification afterwards to make sure that it's structured it's completed in accordance with the approved plans and the testimony and the resolution grading and range details to be reviewed and approved by the bur engineer this is not a condition but I just Mary you might want to get the record uh the tape because it was at 711 p.m. or 7:12 p.m. Bill quoted you or quoted was quoted as saying you are a sweet humble and wonderful AR bold I about 26 Point thank you uh maybe our friends would put that in the minutes and uh let's see we had um uh uh the uh getting the 50% credit for the the pervious pavers but I think Mary said not in the front wall only it is small but sometimes people want to upgrade blue stone there I just like to leave that option so that's the way it's calculated compliance with u applicable prevailing FEMA regulations if applicable perpetually maintain the landscap Landscaping um let's see uh compliance with the actual height and uh just we're going to note that the partition wall may or may not exist in the basement so it was there or not there it's just not going to be an issue for Ted later on so we just clarify that and um I think that was it so Bill are you uh relatively okay with those uh conditions um perfect Mr Ken should we touch on the overall exterior aesthetic being similar to yes yes so we we I do that you're going to basically if this is approved one of the things that you'll find is that U Mary had indicated that the rear structure will marry well to the front structure in terms of matching Windows siding and uh roof covering so it looks cohesive I put quotes on that that's what may said so we'll definitely have that included in the resolution vot on this application all right so you had a motion to approve by and second by CL than congratulations right