WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=GdgofPiONYc

Part: 1

1
00:00:00.480 --> 00:00:21.199
here. >> Mr. Al >> here >> Mr. >> Here >> Mr. O'Neal >> here >> here >> Mr. >> Here sing the national flag. >> I aliance to the flag of the United

2
00:00:21.199 --> 00:00:42.480
States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. I would not want anyone to suffer. I have zero. I have a motion to approve the June 25th

3
00:00:42.480 --> 00:01:02.160
meeting. >> I'll make Mr. >> Yes. Merald. >> Yes. >> Mr. O'Neal. >> Yes. >> Main. >> Yes. >> Mr. Borio. >> Yes. >> Next is the resolution approving the

4
00:01:02.160 --> 00:01:19.280
application of Lado 308. >> Okay. And Mr. Chairman, just a little unique issues with this resolution. So, you'll recall they came here with a request to construct a dormer edition and an attic deck and they advertised

5
00:01:19.280 --> 00:01:35.759
and we thought they needed the variance for the third floor um and and the roof pitch and I think in the midst of the application uh we found out that unbeknownst to us they revised the plans

6
00:01:35.759 --> 00:01:51.360
so they uh didn't need any various relief and I think uh Mr. you and Phil said, "Well, that sort of limits the other comments we can have if they have a totally compliant um application." So,

7
00:01:51.360 --> 00:02:08.959
um we basically they didn't I think really have to come here. Um so the application was approved unanimously and uh from that probably easiest ever application because there was no really um came some surprisingly difficult

8
00:02:08.959 --> 00:02:23.760
resolution to prepare uh because probably in retrospect we probably should have said hey uh because it's variance free you you know if you're dismissing this application there's no variance really necessary because remember we only have jurisdiction if

9
00:02:23.760 --> 00:02:40.879
there's a variance. So the way that um I wrote this resolution. I wrote in here u explained all that and said to the extent that no variance relief is necessary just go right to the building office and get your permits and then I was going to say well I say to the

10
00:02:40.879 --> 00:02:56.879
extent they need a variance but we can't be that specific. I mean that that would be like giving out a coupon uh for a you know variance to be redeemed later. So I wrote in here and we can change it if you want. I wrote in here that to the extent further review Turns out that the

11
00:02:56.879 --> 00:03:13.280
the A5 plans that we approved do need a variance for the um the third floor that we're approving that very minor deviations. I just wouldn't have done this normally, but they had noticed when they came here and and so that's the way I wrote it, saying, "Hey, I don't think

12
00:03:13.280 --> 00:03:28.879
we need a variance." So, to the extent they do not need a variance, just go right to the building office. But if upon further review, if the calculations that they say do need a minor variance, we're granting that. And uh I think just be careful with that because when we

13
00:03:28.879 --> 00:03:45.920
when we I was going to stop that and I felt we'd create more problems if we stopped it than just it play out. But now if you're saying that there is um something that's tripping or potentially tripping that we are approving. I didn't

14
00:03:45.920 --> 00:04:02.080
vote to approve anything. >> Well, I mean I didn't review the change that you're referring to. So So it became a moot point as did our vote. So I'm just concerned if your if your resolution states that they can exceed something and that means we approve

15
00:04:02.080 --> 00:04:18.320
something. I think we'd have to have a conversation about Absolutely. >> What exactly is it that's getting approved and how far out of out of compliance is it? >> Well, first of all, I don't even know if it is. And we approved I think April >> I I approved something that was told by the zoning officer that was in

16
00:04:18.320 --> 00:04:33.680
compiance. So So I don't think we should be. >> So then if you want change this just to say I'm it's I'm one vote here. I'm I'm one vote with the seven of us. So I don't know how the other people feel, but I

17
00:04:33.680 --> 00:04:49.919
agree with you. But but I I I don't think we any of us were talking about something that was non-compliant. Zero. >> We were told it was a non-event >> and it will not and zero non-compliance. >> And the resolution compliance, >> just so you know, the resolution does say confirmation that the top half story

18
00:04:49.919 --> 00:05:05.759
shall comply with the prevailing half story requirements. Confirmation that the applicant shall comply with the half story ordinance. Confirmation that Ruth D shall tie into the existing leader. >> That's okay. So just strike the court that there's a minor varant. >> So we say no, we just say no relief is

19
00:05:05.759 --> 00:05:22.080
necessary. >> No relief that no varian at the hearing it was determined that no variance. >> That's good. And I think that's that was the weird nature of it. So we can adopt that as modified.

20
00:05:22.080 --> 00:05:43.680
>> I have a motion to adopt resolution. >> [clears throat] >> Mr. >> Yes. >> Mr. Fitzgerald. >> Yes. >> Mr. O'Neal. >> Yes. >> Yes. >> Mr. >> Yes. >> And um just for the the record, Barry

21
00:05:43.680 --> 00:06:02.160
Luben has submitted his letter of resignation from the zoning board since he was sworn in as our new councilman on Tuesday. >> Okay. And the reason for that is obviously council person can serve on his own simultaneously. So

22
00:06:02.160 --> 00:06:21.840
I think he >> left a copy for you. >> Okay. So I've got a copy of this letter see it. Good luck assignment. >> Mr. Chairman, there was one request for an injurement. You want me to take that

23
00:06:21.840 --> 00:06:36.000
one first? >> Is that the circular one? Uh >> yes. >> Okay. Yep. Please. >> So, uh Mark Akins is the attorney and they've noticed. So, just for the record, um this is the application of

24
00:06:36.000 --> 00:06:53.759
Mark and Maria Marquin, 1708 Surf Avenue. Uh it was addition to a front home and they've noticed for use under both parents leave. Is there anyone here who had any questions or comments or concerns regarding the sufficiency of the notice?

25
00:06:53.759 --> 00:07:08.960
>> All right. board secretary and I reviewed uh the notice and found it to be acceptable. So be my uh opinion that we have jurisdiction to proceed. And uh yesterday the applicants attorney Mark Hens called and said uh they had an uh I

26
00:07:08.960 --> 00:07:25.440
just realized that they had a witness uh availability problem. So they had asked to be carried to the next meeting uh which I don't think is available. So excuse me please please hold for a second. Uh Mr. Kendy, I need to understand something

27
00:07:25.440 --> 00:07:42.800
because I saw an email from April today and Ted has two additions in terms of what was requested. And I would suggest that if their original notice didn't include the things that Fed outlined,

28
00:07:42.800 --> 00:07:57.120
if you're heading towards no need to renotice for their new date, I would not agree with that. >> Okay. So here is what >> especially since I think one of them was for height, >> right? So what Mr. Akens informed me was

29
00:07:57.120 --> 00:08:13.599
that he did get an email uh from Nichol and that they did need a height bearing for a couple of inches, but they are going to revise the plan. They are not applying for a height variance. So um he's what was the other one? I'd have to

30
00:08:13.599 --> 00:08:34.640
my email to see the height variance is the one that struck me. I I couldn't say whether the second one is significant enough to require notice or not. >> Uh no, he was just Ted was requesting they provide the average front yard set

31
00:08:34.640 --> 00:08:50.480
back. >> Okay. I I I don't I don't see that as a reason to renotice unless unless the majority of the board felt that way. But I certainly feel that exceeding the height that wasn't part of the original notice that >> and markings agreed with that. All right. I mean, does anyone object

32
00:08:50.480 --> 00:09:06.000
noticing? >> Not objection to the original. >> All right. We'll open up to the public in just a second. I think we just want to make sure that that we're all on the same page here as far as this is where we stand right now. Please go ahead. >> Thank you, Sandy Kudos for having me.

33
00:09:06.000 --> 00:09:21.680
Um, two of my neighbors were going to be here tonight, but we found out that it was postponed, so they are not here. But there are issues with this notice. Some of some of my neighbors didn't get it. >> Okay.

34
00:09:21.680 --> 00:09:39.000
>> And I believe they are easily within the 200 foot. Um whatever. So I think it really should be they should give me the address. I can check the list. >> Okay. Maybe

35
00:09:41.040 --> 00:09:57.200
>> I can do that. >> Okay. And what I'm going to say is a lot of times through no fault of anybody, the law only requires that the applicant or the applicant's attorney send the notice in a timely fashion at least 10 days in advance to the correct names and

36
00:09:57.200 --> 00:10:13.040
addresses that are on the list that the tax assessor provides. Sometimes we run into issues with I'll say post office issues that it's not deliberative time and that is not uh as but but it's not the applicant's fault. But I'm I'm glad

37
00:10:13.040 --> 00:10:30.079
then that we're adjourned so that at least you can maybe reach out to those neighbors or they'll at least get the um >> they know about it. But it's it's not right that they they didn't >> agree. And we're in a situation I think that the new date was September if I'm not

38
00:10:30.079 --> 00:10:46.240
mistaken. So So we've got two months. Okay. And and and ear and and if you give um if you give April the names of the people she could determine uh request that they prove that they mailed to those addresses it's certified to, right?

39
00:10:46.240 --> 00:11:00.720
>> Yes. >> She could prove that or where where they could get their certified documentation and and and then say it did or did not go on this date to this person to that address. Okay. So, so we got plenty of time to take care of that. But I'm glad

40
00:11:00.720 --> 00:11:17.360
that you bring it up because if there is significant defects >> with the mailing, April would make that decision could make that decision to say we have additional problems. Right. The assumption would be if two were wrong, how many others might have been wrong, right? I mean, two seems to be a big

41
00:11:17.360 --> 00:11:34.279
number in a 200 um 200 foot radius. 200 foot >> in a 200 foot radius. Two two out of I mean there's not a lot of homes in a 200 foot radius. >> Check the notices. >> Yeah. So, we'll do that and we'll I don't know

42
00:11:34.560 --> 00:11:49.760
>> and spread the word. >> Another question on this notice and I don't know the legal ease on it. >> Sure. >> There's no street address. There's only block and block.

43
00:11:49.760 --> 00:12:03.760
And I don't know if that's legal, but it doesn't seem like the right thing to do. A lot of people don't know how to look this up. They get the notice. Where is that? It's It's not right. I I will

44
00:12:03.760 --> 00:12:20.160
relay that uh to um uh Mark Aens, but theoretically the law says you can serve it to you know the reference it by the block or the street address. I agree. Most people don't know the block and lot and they would know the street address. Um so

45
00:12:20.160 --> 00:12:37.680
>> Mr. Kenny, could you do you know whether that's an actual legal requirement that the mailing address be part of? I have checked this before and I block because I I do believe this is legal, but I will check that again. >> I I think that's critical because honestly if if the street address plus

46
00:12:37.680 --> 00:12:54.560
block and lot are required, then this notice is deficient. And I believe that my fellow >> I will verify that board members would say make them make them read this. Come on.

47
00:12:54.560 --> 00:13:09.440
I I mean that does not sound right to me if it's only block and lot. >> You want me to just say three notice with block with street address and block and lock. >> Is that a requirement? I I mean I I if it's not it should be and that becomes something that we have

48
00:13:09.440 --> 00:13:24.560
>> I will verify that. Uh I'll I'll double check research tomorrow morning. And so if we want um >> I mean that's that's very deficient if it's requirement and it's not there is very deficient. I I think it's always helpful to have a street address um

49
00:13:24.560 --> 00:13:39.600
because that's what most people know. Um but I will review that and uh April, what's the date? >> September 24th. >> So, Mr. Chairman, if if it's the pleasure of the court, we can have uh a motion to carry this application to

50
00:13:39.600 --> 00:13:56.480
September 24th, 2026, 6:00 p.m. without any further notice provided >> decision decision on further notice is pending. uh um uh a member from the public's request to verify that there's two known people who haven't she could

51
00:13:56.480 --> 00:14:13.040
confirm who have said they haven't received it as well as a secondary defect potentially being with the street address not being >> mentioned. [clears throat] So, so no new notice provided we get the clear on those issues and I'll send out a memo anyway.

52
00:14:13.040 --> 00:14:28.000
So, >> and he has to drop notes on people's mailboxes within 200 feet, too. Exactly. >> Thanks, Andy. >> So, let's hope we don't have to do this. So, I think that this should be we noticed.

53
00:14:28.000 --> 00:14:43.120
>> Uh, if that's if that's truly if it's truly a defect, if [clears throat] it's truly a defect, I appreciate your opinion and I I tend to agree with you. If it's truly a defect, the answer is yes. But

54
00:14:43.120 --> 00:14:58.560
to have them incur the additional cost because you have to really should be renoticed. That's a different story, right? So, so let's find out. And if if it's truly a defect that the address is supposed to be there and it wasn't, right? [clears throat] That would kick

55
00:14:58.560 --> 00:15:14.720
off having to be noticed. And if the defect associated with these two people not getting it is also discovered to be something's gone wrong, then yes, I think April, we would we would empower you now to have the ability to say this

56
00:15:14.720 --> 00:15:31.440
is required renotice. >> But if those two things if those two we we cannot force them to incur the cost of renotice >> because of the high. Yes. Right. There's a change in what they're asking for. >> That's another problem. But I get >> that's right.

57
00:15:31.440 --> 00:15:48.560
>> Okay. There's another problem that wasn't on the notice. >> No, she's talking about the height would have been another problem, right? >> But that that would have been >> that would have automatically triggered because it was a variance inquire that mentioned. >> Okay. Thank you. I'm wondering

58
00:15:48.560 --> 00:16:04.320
maybe Delmo should be a leader and made an ordinance requiring a street address to be on our notices. >> It may it may very well already be. We don't know. >> All right. Thank you. >> And if not, I think I agree with you. We should put that in as a recommendation.

59
00:16:04.320 --> 00:16:46.880
>> Thank you. Okay. >> I heard they're going to revis. >> Yes. All >> in favor. >> What's the order? >> First applications for 811 16th Avenue.

60
00:16:46.880 --> 00:17:01.199
>> All right, Mr. Chairman, as the applicants team uh comes forward, couple of issues here uh or procedural issues. Is there anyone here who has any questions, comments, or concerns regarding the sufficiency of the notice they received?

61
00:17:01.199 --> 00:17:18.640
Okay. Um, and interestingly, the address is here, but this property, and I'm sure we'll hear about this from Mr. Rino, is located in both Belmar and Wall. So, I'm sure uh, April know they notice both Belmar and Wall. And what we'll do is

62
00:17:18.640 --> 00:17:33.919
we'll u mark a couple of things into the record as evidence. So >> I understand what you just said it's within the wall is within 200 >> is if I can just address that >> about it's either 10 or 20 ft of the

63
00:17:33.919 --> 00:17:51.280
rear of our property uh is actually township. So the question becomes whether or not we have to go to wall also. >> That's what that's what I was trying Yeah. That's what I was trying to get at is that if if that's true, we require both both municipalities to approve

64
00:17:51.280 --> 00:18:05.200
this. >> I've spoken to wall and they're going to do it assuming if you approve it because none of the addition nothing we're doing is affecting wall. It's just grassy. >> So to your knowledge, you're saying wall

65
00:18:05.200 --> 00:18:20.240
has has conceded that the decision that's made for bell from bel from this from the zoning board wall would would go along with that. They I've spoken to them. >> You realize though that if in fact that turns out not to be the case that you

66
00:18:20.240 --> 00:18:37.280
and Wall have to work that out with us. >> We're accepting your word. >> My house is in a split zone. I got a submission. So I know this personally I >> But we're accepting your word tonight that wall has informed you of that. >> And they'll have to approve us. They'll

67
00:18:37.280 --> 00:18:54.320
have to get a letter. If you approve us, they'll have to get a letter to April saying we've approved this. They might do it administratively and not actual. Yes. But you'll part of your requirement

68
00:18:54.320 --> 00:19:10.799
I would imagine Mr. Kennedy will put in as a resolution that part of the requirement of any approval that you get will be that acknowledges that it's received notice of copy of the application. Okay. >> So, Mr. Kenny, please note that

69
00:19:10.799 --> 00:19:24.880
contingency that that we're proceeding under the um under the assumption that or under the trust that Mr. know when the applicant has been informed by wall that they're going to accept the decision of

70
00:19:24.880 --> 00:19:42.000
>> I want to put it this way I spoke to Mr. department. So his this is what he stated today. He was going to review it just so records clear. He was going to review it with the town z

71
00:19:42.000 --> 00:19:59.200
>> assuming my representation was accurate that there's nothing in the wall that's being affected that they would probably go. >> All right. I I I think we should go forward. I I I'm okay with that and I just the I just want to make sure that >> absolutely >> any resolution that we it's impinging

72
00:19:59.200 --> 00:20:14.320
upon the applicant >> to sort >> any of that out with all and that our decision >> is solely based on the portion of the property that's related to Belmar and we are not opining on anything that's out

73
00:20:14.320 --> 00:20:31.120
of compliance um with Wall Township and and the law provides for this. So if Let's assume for the purpose of this discussion we are approving it. I think as you've indicated the condition is going to be one of the conditions would be that the applicant has to prove that wall township has approved it or

74
00:20:31.120 --> 00:20:48.720
otherwise seated jurisdiction. Sometimes the town will say we don't care don't worry about it. Sometimes they say no we do care about it. So whether he gets formal approval from wall or they get wall saying we're not interested if we have no objection. Let's make sure that it's stated in the way you just said it and and also should Wall object then

75
00:20:48.720 --> 00:21:05.760
that potentially could void any decision that we make tonight because we're proceeding with the assumption that Wall has agreed to this because it gets a little more complicated if you let's say I've been involved in these situations with the old hill and a couple other

76
00:21:05.760 --> 00:21:23.360
towns that wall spring high school and so forth. One town can agree, the second town can disagree, and you you have a right to say to appeal to the town.

77
00:21:23.360 --> 00:21:39.280
>> I I understand, but we're proceeding tonight with the assumption that you've said wall is not objective. >> Hold on. Let me just say something. Okay. I want to finish. All right. >> I'm happy to hear this case tonight and I believe that it belongs here. And if

78
00:21:39.280 --> 00:21:55.039
Walt But if Walt objects We're going to resend. Let's assume that we approve it. >> Correct. >> If wall if wall objects, okay, and there's a jurisdictional problem, >> then then >> that's not legally how it works.

79
00:21:55.039 --> 00:22:11.600
>> Well, Mr. Kenny, could you advise? Because if we approve this tonight and then and we're proceeding with the assumption that we're told that wall has not objected to this. >> Okay. >> Yeah. Just seated. This is to me this is similar when we do

80
00:22:11.600 --> 00:22:27.200
condo associations, right? We don't proceed unless the condo association says that it's okay, right? >> I I know there's a chicken or the egg going here, but but but we're primarily val because I've been involved in number of

81
00:22:27.200 --> 00:22:43.679
these both as a board attorney and >> Okay, go ahead. for you to sign off, for Delmare to sign off on this thing, they need a letter from wall saying okay. If wall says

82
00:22:43.679 --> 00:22:59.840
no, you have to have a hearing. Then we have to have a hearing. If wall says yes at the hearing, we provide you. >> If they say yes, there's no issue. If they say no, >> if they say no, then you cannot we cannot get signed plans. But we still

83
00:22:59.840 --> 00:23:17.600
have the right to appeal walls for city. >> So the comment that you made about the wall having no exe objection which is what I preceded everything I said was based on the fact that you said that they have an objective. >> No but I try to clear that with you. What I said was this. I said I spoke to

84
00:23:17.600 --> 00:23:33.760
Mr. Zor which is the head of engineer and I represented to him that [clears throat] nothing involved. I send him a copy of your of the plans that there's nothing involved, there's no parking, there's no building, there's nothing involved going

85
00:23:33.760 --> 00:23:49.679
to be affected. He wants he he says I will review that and if the representation you make are correct, which I believe they are, then we'll sign off. Otherwise, you have to you will have to come before the board of adjustment and I understand

86
00:23:49.679 --> 00:24:06.159
>> we run into this before. >> Okay, I understand. You may need a second here. >> Did the same issued a letter that they had no objection. >> Well, hopefully that's the way this will go as well. But if they do object, then then I'm concerned. >> Well, I mean, and I I think it's a valid

87
00:24:06.159 --> 00:24:22.640
concern. And I think the easy answer, respectfully, the easy answer is if this application is approved, we're going to have 10 conditions and one of the conditions is say that they get the approval from wall or the letter of no interest from wall. And if they don't get that, then they never get a building permit. They never get a construction

88
00:24:22.640 --> 00:24:38.559
permit. avoid a jurisdictional problem between the two towns. Right. Okay. I'm not as concerned about the specific application as I am saying if there's an argument that we don't have jurisdiction on this

89
00:24:38.559 --> 00:24:53.200
>> and we get involved in litigation over it. Um you know we're proceeding with the assumption we have. >> I feel very jurisdiction. >> You have jurisdiction. >> All right. We could proceed. >> And >> all right. So what we'll do is we'll mark as A1 is the development.

90
00:24:53.200 --> 00:25:16.799
And that's dated June 4th, 2026. And A2 is the minor land use zoning permit and that is uh dated uh >> May 14, 2026. And then A3 is the Burough Belmar

91
00:25:16.799 --> 00:25:33.919
application checklist. A4 is the variance plan and dated May 4th, 2026. And A5 are the architectural plans prepared by Alan Boris, architect, and that's

92
00:25:33.919 --> 00:25:50.159
dated uh January 17, 2025, seven sheets. I think that's it, right? That's all we have. And then uh just after Mr. Oo um introduces makes his uh

93
00:25:50.159 --> 00:26:06.159
record uh introducing himself notes record of appearance. Perhaps he can identify the principles of AGHD reality LLC so we can just do an internal conflict check to make sure no conflict

94
00:26:06.159 --> 00:26:22.720
issues. >> Okay. Good evening. >> Why don't we just start with Mr. Clark testifying? All right. Why don't you just identify the members? >> You could just state your name for the record. >> Yes. Good evening. My name is Gerald Clark. The uh the property.

95
00:26:22.720 --> 00:26:37.919
>> Let me just swear you in. And it's C L A R K. >> Yes. >> No. E. >> No. E. >> Okay. Do you swear that the information and testimony you're about to provide will be the truth, the best knowledge to help you got? >> I do. >> All right. And just for the record, are you affiliated with AGHD Realy? >> Yes.

96
00:26:37.919 --> 00:26:54.000
>> And what are you the managing member? >> Um, yes. >> Okay. And just so I know, is AGHD Realy the owner of the property? >> Um, AGHD Realy LLC is the owner of both the land and the building that sits on the land.

97
00:26:54.000 --> 00:27:09.600
>> Okay. And how long has that company owned the property? >> Uh, since roughly since 2012. >> Okay. And just for >> Yeah. 2012. >> Okay. And just for the record, can you identify who if there are other members of uh AGHD Realy just so we can make

98
00:27:09.600 --> 00:27:24.480
sure with no conflict? I believe my wife Dodie Clark is also a member. Um and there would be no other members. >> Okay. So, Mr. Chairman, hearing uh Gerald Clark, Dodie Clark, AHD Realy, any issues, questions, conflicts? Seeing

99
00:27:24.480 --> 00:27:47.039
none. Okay. Great. Thank you. >> Yep. >> All right. So, we're up to A6. >> Okay. A7. >> I'm sorry. A We're starting A6. Okay, A6 will be a board taken pictures taken by myself and my secretary just showing the

100
00:27:47.039 --> 00:28:03.919
building in question along with uh the reduced size of the architectural showing the uh the bondage inside >> and what uh those pictures were taken by you roughly when >> last week

101
00:28:03.919 --> 00:28:45.679
accurately something's changed want to say this first. I just need >> Okay, thank you. Yes, Mike. Junior appearing for the applicant. A GHD Billy uh main

102
00:28:45.679 --> 00:29:06.720
or the only uh tenant in this firm firm. Uh firm has been there over 20 years I believe and the building is getting a little older and there's some condition problems. If you look at the pictures

103
00:29:06.720 --> 00:29:20.399
there's condition problems. So, the roof is pretty much a flat roof. They like to be able to fix up the roof. Uh the building as it now sits sits approximately 3 and 1/2 ft from the

104
00:29:20.399 --> 00:29:38.159
eastern property line. Uh so, a small portion of new roof. Uh I should note it's not going to be a second floor. It's just a small portion of the The roof line is

105
00:29:38.159 --> 00:30:01.240
going to be 3 and 12 ft from the property line and as a result of that needed because it's supposed to be the property I'm sorry 10.2 I'm sorry 3.21 yes 3.21 proposed 10

106
00:30:02.080 --> 00:30:42.880
>> Mr. Yes, I'll be >> the board that did look at the pictures. You'll see what's existing the house. >> Excuse me. Excuse me. Sorry, ladies.

107
00:30:42.880 --> 00:31:18.799
>> I didn't want to get in front of the camera. I just look at the plan and answer your question. It says we're existing if we want to. >> All right. Any other questions? Yes, sir. If we could focus specifically on on the

108
00:31:18.799 --> 00:31:34.559
distance the existing distances and the proposed distances I think we probably won't cut to the chase because the only thing we should be a finding on tonight is is the specific variance that you're seeking which seems to me only be

109
00:31:34.559 --> 00:31:51.919
related to the incursion into the side setback which which seems from the to be pre-existing and and not exacerbating it any further right after so so

110
00:31:51.919 --> 00:32:07.120
that Mr. Clark >> okay you were sworn in Mr. Clark just briefly yes we're not together uh just briefly you you are the owner

111
00:32:07.120 --> 00:32:26.799
and man you've been there since 2012, >> correct? >> And luckily for you, you've become successful and your building is pretty much built up with employees and so forth. >> Yes. >> And building has gotten a little older.

112
00:32:26.799 --> 00:32:42.960
Is that correct? >> Right. >> And there's some need for correction of the roof. >> And you would like to be able to correct the roof. >> Yes, I can explain. Sure. Uh it's it's a flat roof. Um and they're notoriously

113
00:32:42.960 --> 00:32:58.159
difficult with leaks and all. I was advised by uh both the engineer Robert Berdick and the uh architect Alan Force that the better way to proceed instead of replacing the roof and making another flat roof and you can see all the HBAC

114
00:32:58.159 --> 00:33:14.559
units from the street. It's a little unsightly and they said it makes more sense to do a vaulted roof, put the HBAC units in an attic space. Um, and since we were going to do this, uh, because we've had leaks and we've have have patch jobs, we thought it best because,

115
00:33:14.559 --> 00:33:31.840
as you said, Mr. Rubino, uh, there's some wear and tear on the building that we want to put a new facade on the building to make it look better, more appealing, um, as part of switching the roof. But I guess because it's a roof, it requires a bit of an overhang of drainage, and that is what is causing

116
00:33:31.840 --> 00:34:03.919
this minimal encroachment, further encroachment. Thank >> you. >> Okay. If >> you could just state your name and business address, please. >> Alan 2494 Road in Palms, New Jersey. And

117
00:34:03.919 --> 00:34:18.800
Allan is a L. >> A L L A N and last name is B >> O R S. >> All right. Do you swear that the information and testimony you're about to provide will be the truth, the best knowledge to help you guide? >> I do. >> All right. And you're testifying tonight

118
00:34:18.800 --> 00:34:45.000
and you're faced as a licensed. >> Okay. And your licenses, certifications, qualifications are current, up to date, and in good standing. >> Yes. >> And you've been accepted by this board. credentials. Thank you,

119
00:34:48.720 --> 00:35:06.960
>> Mr. If you could just tell us briefly. One, you've had an opportunity to examine the building. Is that correct? Yes, it's correct. And there is a flat roof on the building that is in somewhat state of deterioration. It's in need of replacement and uh because of it's a

120
00:35:06.960 --> 00:35:21.520
flat roof uh rather than just replace it. You would believe as an architect put some pitch to the roof so that that's what I recommend. And you think that this would be a much better

121
00:35:21.520 --> 00:35:38.800
situation than you just roof? >> Absolutely. aesthetically it's going to enhance the building in the neighborhood. >> All right. And the way I read the uh variance plan, we're not pushing any further into the setback and what's

122
00:35:38.800 --> 00:35:55.280
already there. Is that correct? Correct. Right. And why don't you just because you're here, why don't just tell the board just show the board uh your the I think the p the small pages I think it's four and five. Uh what what the group

123
00:35:55.280 --> 00:36:22.160
will look like just described the front elevation. I think that's pretty propose a hip standing seat metal finished roof with a accent on the front.

124
00:36:22.160 --> 00:36:38.400
addressing the old siding that's on the building that needs to be replaced also. So that will enhance the aesthetics and we're going to build all four sides made a niche if you will for equipment

125
00:36:38.400 --> 00:36:59.920
on the roof. So that's towards the rear and will be completely hidden from view from the street and actually from the from the rear as well. A5. >> So from a architect standpoint, you

126
00:36:59.920 --> 00:37:16.160
believe that number one, this is both number one an aesthetic improvement. >> Absolutely. And there's also going to be fixing of the facade of the building. >> That's correct. >> And number two, do you also believe it's your opinion that this is a structural

127
00:37:16.160 --> 00:37:32.960
improvement for the building? >> It is structurally. And as far as safety standpoint of as far as the building goes, it's also an improvement as to a flat roof. Is that correct? >> Absolutely. Will not accumulate snow in the winter time

128
00:37:32.960 --> 00:37:51.200
that and melt not create pools of water on the flat roof. Now I stated and Mr. Ber can confirm this, but he'll be up next as the engineer. As far as you know, the existing building is I think it's 3.21

129
00:37:51.200 --> 00:38:08.240
on the property line and your uh addition to it will be 3.21. That's correct. >> And I should say that that slopes on the both sides where the violation is that is a slope. That's not a wall.

130
00:38:08.240 --> 00:38:50.640
>> Well, it's not like you're going up the floor and it's okay. overall height of the finish is 22'4. So it's very well really state your name and business address please. Job verdict, professional

131
00:38:50.640 --> 00:39:07.280
engineering, professional planner. >> The verdict is Bir 1023 Ocean Road Pleasant. >> All right. Good evening. Welcome to the Belmont Board. Do you swear that the information and testimony you're about to provide will be the truth? The best you

132
00:39:07.280 --> 00:39:22.880
>> I do. and your testifying tonight in your capacity as a licensed engineer in the state of New Jersey >> and planner and I have appeared before this before I for the storage area qualifications and license certifications are current up to date

133
00:39:22.880 --> 00:39:39.200
and in good standing >> your licenses and certifications are up to date and in good standing credentials thank you uh as the chairman mentioned why don't we just try and focus on your testimony on

134
00:39:39.200 --> 00:39:55.200
that side of the building and what's going on over there and basically just to sort of clarify things I had a scale about two minutes ago um

135
00:39:55.200 --> 00:40:11.200
our v the variance that we're requesting is along the eastern property line of the building uh where we are actually just putting a roof over the existing structure. The roof will jut out 18 in

136
00:40:11.200 --> 00:40:28.767
into the set or further from the building. But that's the variance that we're doing because we're doing a vertical expansion within a setback area. Uh essentially, and just concentrating on this eastern side, the

137
00:40:28.767 --> 00:40:46.160
[snorts] neighbor's home is 1.18 ft off the property line. Our building is 3.29 29 ft off the property line. >> I'm sorry. The neighbors say it again. The neighbor's property is >> 1.18 ft to the

138
00:40:46.160 --> 00:41:03.760
3.29. So we've got currently 4.39 ft. We will be reducing that by 18 in to 2.89, but that will be up by 10 to 13 ft. There is a 4ft walkway that goes down through there. this construction will

139
00:41:03.760 --> 00:41:20.400
not affect that because you'll still be able to go down between the two buildings. But in essence, basically this is a situation where Mr. Clark uh wants to improve this building. He'd

140
00:41:20.400 --> 00:41:36.319
like to stay in Belmar. This is a significant aesthetic improvement. Uh very little disadvantage here. Yes, we are going to be closer to the neighbor's uh building, but No closer than >> when you say closer, it's with with our

141
00:41:36.319 --> 00:41:52.960
overhang, >> but it's still with the 3.21 >> 3.21 is to our building and we're one and a half foot over that which is the allowable overhang ordinance. Uh, and if if you've ever been inside

142
00:41:52.960 --> 00:42:08.160
Mr. Clark's office, [clears throat] you'll note that it is absolutely beautiful. He's taken a lot of care to redo that building. and we anticipate that he'll continue that on the outside and construct a very aesthetically

143
00:42:08.160 --> 00:42:25.680
pleasing building. Uh very minimal um disadvantages advantages is it aesthetics. Uh therefore I believe it does comply with the municipal land use laws goal of aesthetic improvements. uh since it's a conforming use it

144
00:42:25.680 --> 00:42:41.440
complies with the borrow's master plan and I believe that the advantages of allowing the deviation are exceeding any disadvantages >> and the other thing is uh board member might have a concern is

145
00:42:41.440 --> 00:42:57.839
there any problem with additional drainage and so forth. >> Now the the drainage will be basically drained to the existing location which along the east side of the building where there are pipes that generate and

146
00:42:57.839 --> 00:43:17.040
take it to the rear of the property and that will continue. >> Is that it, Mr. or is there >> it? That's all my I just want to make sure nothing else. >> Okay, that's it. >> Great. That's it.

147
00:43:17.040 --> 00:43:33.200
>> Is there anyone here from the public to speak on this application? I'll open public open up for public questions or comments. I'll close it for public questions. >> Yeah. Uh the question I have there's an

148
00:43:33.200 --> 00:43:50.160
existing overhang on the building now even though it's a flat roof. Has a bit of a parapit with a hip roof in the corner. What What is the existing overhang? >> I know you're going at 18. >> It was 18. >> It was 18. Yeah.

149
00:43:50.160 --> 00:44:15.680
>> Okay. Not quite sure. >> That was my question. I just wanted to >> question the only thing I got is you're going to put a metal a standing seam metal roof on. You're going to put those little and I'm sure there's a name for those devices that stop the snow from falling.

150
00:44:15.680 --> 00:44:30.720
It breaks it off. >> Yeah, absolutely. That's required by code. >> Okay. I think that's all I got. This is a perfect job. This is the way it should be. >> I have no questions. >> I have no questions either. >> Oh, I'm sorry.

151
00:44:30.720 --> 00:44:47.839
>> I apologize. >> Okay, great. So, >> sure. I've got I don't go to board comments or >> Let's go to board comments. >> I have no further comments. I would be

152
00:44:47.839 --> 00:45:03.920
in favor of the the same. >> Yeah, thank you for having your business in. Thank you all for coming. I'm sorry that you had to come because this is so simple. This should it should be a way that

153
00:45:03.920 --> 00:45:33.760
could easform situation and I do think that the structure that's going to get built is a significant improvement to the street, the community, the neighborhood and >> Mr. Chairman open to the public. >> I did open to the public and I close it

154
00:45:33.760 --> 00:45:49.520
since no one raised their hand. I did comments and questions at the same time. >> Thank you for that case. I didn't. Okay. >> Is there someone here? I I asked and no one here. Okay. Great.

155
00:45:49.520 --> 00:46:05.680
>> All right. So, Mr. Chairman, if the application is approved, your typical conditions and these are not applicable. So, normally it's compliance with the promises permits and representations that's being made tonight. Compliance with any affordable housing rule, regulations, contributions, directives,

156
00:46:05.680 --> 00:46:21.359
if any. Um, we usually say work out grading advantage details with the burough engineer if required. Compliance with ADA requirements if applicable. There's usually a 24 month shelf life on the approval. um within which time to get the building permits um or any

157
00:46:21.359 --> 00:46:37.440
agreed upon extension. Um and we basically once the improvements are installed, we have just the design professional send a certification confirming that the improvements were installed in accordance with the [clears throat] testimony. Um we obviously have the uh

158
00:46:37.440 --> 00:46:53.839
the Wall Township situation that we talked about um confirming that uh they either have the approval or >> Mr. Kenny, I can help you with I think All it really needs to say is is Belmar uh is not issuing permits for work to

159
00:46:53.839 --> 00:47:09.520
proceed until we've seen we've received confirmation from wall. Got it. >> That um they I don't know if the wording is that they approve or they have no objection to the work received. >> Perfect. Um then I think Mike said

160
00:47:09.520 --> 00:47:25.280
there's no second floor is what you said. >> Correct. >> Okay. And um that's not considered second floor. Okay. All right. And then I think the AC is on the roof and you said hidden

161
00:47:25.280 --> 00:47:46.800
from the street and rear. Um Mr. Al were you saying we are going to have the gutter gutters? I mean that's you are going to have gutters. Yes. >> Yeah. Just a question. I made the assumption. >> Okay. And then Uh, obviously per the

162
00:47:46.800 --> 00:48:02.079
code we're going to have those. I'll get the better word, Mr. Greg, snow brakes. But I think those were the general conditions. Mr. Ravino, are those acceptable to you and your client? >> Yes. >> In addition to our other standard conditions, Mr. Chairman, if they're acceptable to the board, we have a motion.

163
00:48:02.079 --> 00:48:16.400
>> I'll make that motion. >> I'll second. >> Mr. Ross, >> yes. >> Mr. Gray, >> yes. >> Mr. Mr. Fisher, >> yes. >> Mr. O'Neal, >> yes. Mr. >> Yes. Thank you very much. Appreciate

164
00:48:16.400 --> 00:49:07.839
you, Mr. >> Is that a state? Okay, great. >> I just want to thank the board for your time. I know it's volunteer app. >> AI says you need it. >> AI says you need it. [clears throat]

165
00:49:07.839 --> 00:49:22.160
Wait, we got two attorneys sitting right here. three attorneys. >> I've always as a former board attorney. >> We'll find out. We'll look at I I believe it's misrepresenting if you don't have the history. >> I agree with you, too. >> That's my opinion. It's not legal. It's

166
00:49:22.160 --> 00:49:39.440
not legally binding. >> Okay, we're ready for the second application, which is Mr. William Rener for the residents at 121 East Street. >> Okay. Um as the applicant comes forward, a couple of uh procedural things. Is

167
00:49:39.440 --> 00:49:55.680
there anyone here who had any questions or comments regarding the sufficiency of the notice they received? >> Okay. Uh the board secretary and I reviewed the notice and found everything to be in order. So it be my uh under my

168
00:49:55.680 --> 00:50:11.520
uh opinion that we have jurisdiction to proceed. And uh what we'll do is we'll mark into the record what we as a board have before us. A1 is the development application package dated February 2nd, 2026.

169
00:50:11.520 --> 00:50:27.839
And A2 is the minor land use zoning permit. And that's dated June 8, 2026, June 11th, 2026. This is just an attachment with attachment. And A3

170
00:50:27.839 --> 00:50:42.480
we're going to mark. It's called notes and specs prepared by Inside Architecture. and it's dated July 22nd, 2025. And that's three sheets. [clears throat]

171
00:50:42.480 --> 00:51:02.880
And A4 is going to be the plot plan and that's prepared by the Canning Group dated March 14th, 2026. And A5 is a survey of property prepared by the Canning Group and that's dated March 14th, 2026.

172
00:51:02.880 --> 00:51:19.440
And A6 is I'm going to call existing plans prepared by inside architecture and it is dated June 1st 2026 consisting of two sheets and is April. Is that pretty much it?

173
00:51:19.440 --> 00:51:36.079
>> All right. So good evening sir. If you could just state your name and address please. >> William Runner Street. >> Okay. If you can just raise your right hand. Do you swear that the testimony information you're about to provide will be the truth to best your knowledge to help your guide?

174
00:51:36.079 --> 00:51:53.119
>> Thank you. And Mr. Chairman, uh could I uh if I may just take a few moments just to get some uh facts down for the resolution and then I'll turn it over to Mr. Rener if that's >> Absolutely. >> All right. So, Mr. Rener, just are you the owner of this property? >> Yes, I am. >> And how long have you owned this

175
00:51:53.119 --> 00:52:09.680
property? >> Uh since 2000. >> Year 2000. >> Okay. And um my notes suggest that there's two structures on the site on the site. Front structure and a rear structure. >> Well, there's two structures. Uh there's

176
00:52:09.680 --> 00:52:26.000
a front structure 601 12 which is on the tax map and 1201 street which is street frontage. So it's not back house. >> Okay. So uh so there's a front structure and

177
00:52:26.000 --> 00:52:46.240
then 60112 and then the other uh structure is 121 East Street. >> Yes. >> Okay. And just for the record, let's talk about that front structure or for 60112. Is that a single family home? >> That's a two

178
00:52:46.240 --> 00:53:01.520
>> two family home. Uh and is it up and down or side by side? >> Side by side. >> Side by side. And uh number of stories for that uh 6012 >> two stories. >> Two stories, >> excuse me.

179
00:53:01.520 --> 00:53:18.559
>> Okay. And then uh so there's two units in that. Um and then uh what do we call it? Apartment one, apartment two. >> Uh 601 601 and a half. >> Okay. Uh so in 601, how many bedrooms?

180
00:53:18.559 --> 00:53:34.079
>> Three and three. >> Three. 601 three and 601. >> Okay. And what about bathrooms in 601? >> Same. Two two and two. >> All right. And is 601 occupied? >> Yes.

181
00:53:34.079 --> 00:53:51.200
>> All right. And is 601 and a half occupied? >> Yes. >> And just so I know, is there any dedicated parking for 601 and 601 and a half? >> There's a driveway that 601 61 and a half and east property are sharing.

182
00:53:51.200 --> 00:54:06.400
All right. So, we'll go over that one. >> Okay. And then let's go to the other property, 1201 East Street. And that's the subject of the application, correct? >> Okay. And just uh what use is that building right now? >> Single family.

183
00:54:06.400 --> 00:54:26.160
>> Single family. And number of stories? >> Two stories. >> And uh that's just one unit. And how many bedrooms in that unit? >> Two. >> And how many bathrooms? >> Uh visiting All right. But right now, it's one.

184
00:54:26.160 --> 00:54:49.359
>> All right. And is that unit occupied? >> It was my family, my daughter, my grandson, and her fiance, but >> All right. So, it's not occupied right now. >> Okay. And then, um, why don't you discuss uh Thank you for that. and why

185
00:54:49.359 --> 00:55:04.559
don't you discuss what your uh proposal is? >> I'll go from there. >> Mr. Kenny, before and Mr. Runner, if you don't mind, um just something was brought to my attention and just for full disclosure so the board is aware.

186
00:55:04.559 --> 00:55:21.200
Um and perhaps you were going to go go into this anyway. Um but we we see existing photos showing on what was submitted but in reality existing photos show that some work that had started. Um so the existing photos aren't

187
00:55:21.200 --> 00:55:37.119
necessarily reflecting currently existing conditions. Is that correct? >> Yes. >> Okay. So let's get into how that happened and why why that why that was before we get into what what you're requesting in terms of variances.

188
00:55:37.119 --> 00:55:53.040
I moved my daughter and my grandson and Kyle into the property for their we had some major electrical problems. There was two federal panels

189
00:55:53.040 --> 00:56:08.079
existing in the building with federal panels. Years ago, the state actually mandated that they were completely unsafe and they actually offered rebate for people to take the federal

190
00:56:08.079 --> 00:56:25.760
panels out to to get regular electrical panels. They stated that the federal panels were were so unsafe that you plug in a welding machine into a plug and it would trip the breaker. So what happens

191
00:56:25.760 --> 00:56:45.520
there is that becomes a main main panel and some panels have to be installed. So no electric or no fires. We saw that there was a lot of knob and tube and wax mixed together tied together by wire

192
00:56:45.520 --> 00:57:00.000
nuts. Some just electrical tape. So I had to move my family out. These were so unsafe. There was leakage in my back accessory area roofs deteriorating. So it was time for a remodel. So what

193
00:57:00.000 --> 00:57:16.240
happened is you know uh architect and myself went through the building trying to save the building, not knock it down because it's an old building. We discovered something very interesting over the attic. There were

194
00:57:16.240 --> 00:57:33.079
two uh bank registers with the which I have here with cancel checks from the builder and dated 1918 to historical society

195
00:57:34.720 --> 00:57:51.599
ever. I'm sorry. I I want to just try to maybe just be specific to the question. It seems that We're showing existing photos as a house that's completely intact and then when

196
00:57:51.599 --> 00:58:06.720
we look we see a house that's actually in the process of being like completely remodeled with all siding and just plywood and and so I want to try to get to >> how that happened. >> Well, right what happened like like you

197
00:58:06.720 --> 00:58:24.240
began construction was a permit issued um for that for the work that's been done to date. Um permits have been issued to uh all permits have been issued but they could not uh submit them today because it had to go through zone.

198
00:58:24.240 --> 00:58:42.000
>> So at some point so you started the work and at some point it was determined that you need you needed a variance. >> Yeah. We had a question mark on you may need a variance. So by starting to build this, what happened is the architect

199
00:58:42.000 --> 00:58:57.520
made several uh you know came came down several times to try to put together how we're going to save the building because the elevations were wrong. We're going to use accessory use as living area. Okay. So let me let

200
00:58:57.520 --> 00:59:14.559
me just try to get for all of us so you understand. So you were doing what we would consider, let's say, a remodel or repair. >> Remodel >> and and and you were you were allowed to do that. You were permitted to do that. At some point that work had to stop

201
00:59:14.559 --> 00:59:32.000
because the need to get a marriage had arisen >> but but it had to be closed up because it would have deteriorated from the outside. >> Right. Okay. But but at some point the need to get a variance came up. Right. And that mean was because you were doing something. It's pre-existing

202
00:59:32.000 --> 00:59:46.799
non-conforming, right? Okay. What variance is it that's that's getting triggered for the work you're doing so we understand what it is you're asking us to approve tonight? >> Well, the main variance is D2 variance

203
00:59:46.799 --> 01:00:04.720
which is using the accessory areas as living areas. >> But that that was >> that's what triggered >> but that was the previous use too. Correct. That's >> well it was an accessory area. So So the front part was heated and had two two

204
01:00:04.720 --> 01:00:21.599
electrical services. So some somewhere down the road was used for two uh upstairs and a downstairs um electrical services. So there was two electrical service bills built in this property.

205
01:00:21.599 --> 01:00:39.520
The downstairs was used as an accessory storage and in the back back part I use for my shop as as a bel. Okay. Okay. So the the sewer system just run through it real quick. Sewer system we always have

206
01:00:39.520 --> 01:00:57.200
problems with. So I put a separate permit in to to change the sewer system. So we had jackhammer a whole slab out and we put a new sewer uh system in and we got it inspected so we could close up. By doing that we have to raise the elevation to use it as living area

207
01:00:57.200 --> 01:01:14.079
the elevation of a of a accessory area that meets at the elevation from the outside any kind of rain would run inside the building. So we had to raise the elevation of the slab three three to four inches to to utilize >> all of that work was done under permit

208
01:01:14.079 --> 01:01:29.520
permits that the town issued. >> Well, yes that that slab and everything was was uh was approved uh after after the plumbing was inspected by Ted. >> Okay. >> Ted inspected that. So you proceeding

209
01:01:29.520 --> 01:01:45.359
with a project under normal building permit construction department processes, correct? We submitted and they were sitting there waiting for zoning. So the reason why it took took zoning so so long to get through is

210
01:01:45.359 --> 01:02:01.359
because uh when Ted Ted kicked it out, I had to get a new survey. The survey was from 2000. >> The issue is the first floor is now living space. That's why he's here. That's what I'm trying to get to. I guess we're taking a long way, but

211
01:02:01.359 --> 01:02:16.799
that's what we're trying to get to. >> It's already been worked on the first >> There's no garage anymore, correct? >> Well, the garage are still still there, but I mean, >> but but I I just want to make sure just so we

212
01:02:16.799 --> 01:02:34.400
are all on the same page here. >> You you began working on this. It appear as if you're just fixing it, elevating, renovating under normal conditions, but but because now instead of the first floor being the storage

213
01:02:34.400 --> 01:02:51.119
area that you had previously, it triggered the need for variance because you're expanding the living space of this of this back house or or of this secondary structure, whatever you want to call it. It's a little unique to me in that it's not truly a back house in that it's got its own address and fronts

214
01:02:51.119 --> 01:03:08.160
in the other street. So that's that's probably a good thing that that's the case. But the fact that you're making the first floor living space without having gotten the variance first is really I guess where you may have gone wrong. I mean right you you this should

215
01:03:08.160 --> 01:03:23.680
have been before you start all this work if if you had intentions of that first floor being living space that would have triggered a variance at the beginning of the process not in the middle of the process. >> Correct. >> Okay. So that's why the existing conditions and the these

216
01:03:23.680 --> 01:03:38.480
are not existing conditions here and I just want to make sure the board understands that. I want to make sure the record reflects that that the existing photos that are showing here or the pre-existing photos of the house before he started the work.

217
01:03:38.480 --> 01:03:55.119
>> Yes. Black and white photo. >> Yeah. But it says existing photos. So >> anybody looking at this would think, well this is what it looks like and this is what you want to do, but actually this is what it looks like. So >> she has this plus proposing.

218
01:03:55.119 --> 01:04:09.599
>> Can I can I ask a question if you don't mind? Yeah, please. I I know Ted's not here. >> Do you need a permit to replace windows? >> No. >> Do you need a permit to replace roof? >> No. >> Do you need a permit to replace siding? >> No. >> Is there a permit to put an addition

219
01:04:09.599 --> 01:04:26.319
over over there? what we're going for is >> but you put an addition over the back garage without a permit. >> That's that's why that's the permits were submitted but they were not issued until until

220
01:04:26.319 --> 01:04:41.440
>> So according to the Belmar website the permits were issued um 1021 2025. You put the addition over the back in 24 or earlier than that bill. >> Yes. Yes, we did because we had

221
01:04:41.440 --> 01:04:58.880
>> So, you should have had a permit for it. >> Well, I mean, I should have had a permit for it. >> So, now we're not just talking about where I was going with this is different than where you're going with this. Not only,

222
01:04:58.880 --> 01:05:16.640
for lack of better terms, there's a twocar garage downstairs >> pre-existing. We'll call it a garage. It's not what it was. >> It wasn't really storage area. I had tenants up there

223
01:05:16.640 --> 01:05:31.760
pulled carriage house >> probably hay bar >> but then you know and now we're saying so that area is going to increase the living area but then I just brought to our attention that there's an addition

224
01:05:31.760 --> 01:05:48.880
on the back of the building also >> back. >> Yeah. to the same footprint of the building. >> Both the garage area, >> but both the garages and the workshop are going away. >> So, no storage. No garage on the first

225
01:05:48.880 --> 01:06:03.039
floor. >> No, no storage. No garage for living area by tearing that roof off. We built we built the addition cover for several

226
01:06:03.039 --> 01:06:20.240
months and deteriorating. So, I got permission to put the tie back on there and the side doesn't need it permit. It's not ready to move in. It's it's at a halt, but

227
01:06:20.240 --> 01:06:36.480
that's why we're here today. >> And the electrical permits were pulled to do >> is in there. HC is in there. All the permits are submitted. They just can't release him.

228
01:06:36.480 --> 01:06:52.480
>> Hang on just one second though. April, without Ted here, I don't want to put you in an uncomfortable position, but if you put your TED hat on for just a second, um if that if that first floor that apparently looks like it's being

229
01:06:52.480 --> 01:07:07.839
requested that become residential, um is that allowed to be living space at grade level or doesn't that doesn't I assume we raised the grade 4 in >> but is this a flood zone? I mean you

230
01:07:07.839 --> 01:07:22.559
said you said you have to elevate this flood zone. >> No. Okay. >> You have to elevate. You can't you can't have a living area right >> has to be 4 in. >> Okay. >> Threshold into >> So that first floor is elevated.

231
01:07:22.559 --> 01:07:43.839
>> After after we did the uh plumbing and we had poured a new slab. We elevated it to 4 in above. >> So So you have a small crawl I'm a little confused on you said you applied for electrical permits but they

232
01:07:43.839 --> 01:07:59.920
weren't released. Did I understand you right? >> Yes. >> Well, but you replaced the wire, didn't you? >> We are. We're in processing parts of the wire. >> But if there's no permits that were released,

233
01:07:59.920 --> 01:08:17.120
>> well, it has to be inspected. >> Let me let me just April. Is it is it just so I'm clear if the testimony is the permits were not released? Does that mean they were not issued? >> Correct. That's what >> they've been approved except for the

234
01:08:17.120 --> 01:08:32.960
zoning, >> but they couldn't be done because the zoning review starts locking it up. >> The work should not have started >> unless it's an emergency safety thing, then they are allowed.

235
01:08:32.960 --> 01:08:48.880
>> Well, is that what happened in this case? >> I I don't know. >> With the federal titles and and the uh the nitude that was found wanted me to cut cut the place because she had to figure out what kind of LDL

236
01:08:48.880 --> 01:09:04.560
had to go in there. It's going to be steel blets going in and how everything was going to be set up. >> Yeah. I I just know I have a 1910 house that had knob and tube wiring >> and I had a electrical permit

237
01:09:04.560 --> 01:09:20.640
that was issued because I didn't have any variance. But I didn't start the work until the issue the permit was issued. Even though knob and tube could be viewed as dangerous, right? >> You know, the house was there for 100

238
01:09:20.640 --> 01:09:36.640
years with no issue. >> So I I didn't realize there was emergency powers here. >> Federal panels are known as as as emergency change over. The state used to issue grants to take them out and change

239
01:09:36.640 --> 01:09:53.120
them over. Wasn't mandatory, but many people did replace the federal panels on main on 6012 that that had regular uh regular electric. >> Okay. But I I I understand all that

240
01:09:53.120 --> 01:10:09.840
though and I appreciate your knowledge. I really do. I respect your knowledge. But I also think this becomes an issue of why does proceed if the town hasn't issued a permit for that work. Right? If you're a builder and you're you're

241
01:10:09.840 --> 01:10:26.640
you're proceeding, you're a licensed builder and you're proceeding work that requires permits and you know you don't have those permits, that's that's a problem. And April, is there any um is there any um what's the um the town

242
01:10:26.640 --> 01:10:44.320
stance if the homeowner does work without a permit and then that gets has a right to f to find the builder, >> right? >> And and were there any fines associated with what happened here? >> Not as not as we speak today. Any stock

243
01:10:44.320 --> 01:11:07.280
or issues? >> I think I think we're here though because he wants to expand he wants to expand the non-conforming use. So regardless of whether he's in violation, that's a dead issue. >> I tried to agree, but I also I I also

244
01:11:07.280 --> 01:11:24.480
when I'm until it was pointed out when I'm looking at something says this is the existing if this was a normal application. This is the existing commission what they want. >> It's clear, right? >> We're kind of stuck here in that the work's been the works like a significant

245
01:11:24.480 --> 01:11:39.840
portion of the work. >> We're not stuck. If we disapprove it, he's got to get it back to the way it was. It's I mean, it's not on us. >> I just want to understand. Okay. Got it. >> You know, if he if he jumped the gun, >> I got it. We want to move forward and I agree with you. All right. So, all

246
01:11:39.840 --> 01:11:56.400
right. Uh any further comments from board that we haven't made so far. All right. Well, proceed. >> Okay. Just what we just spoke about. I removed my my family from from the uh the problem property. We considered it

247
01:11:56.400 --> 01:12:16.640
dangerous. Plumbing issues. Electrical was my main issue and I had a grandchild there. So we had to get them out here with us for a year. I had to get them out of my house. So's there's a plus for this town.

248
01:12:16.640 --> 01:12:32.880
Also, we're removing a curb cut to for the front front two accessory areas and giving back the town uh two parking public parking spaces put in

249
01:12:32.880 --> 01:12:57.920
the uh the skirt from the driveway area of how much I'm sorry. Say it again. Removing the curve by giving back to the two public parking spaces. What was the second thing? >> Removing removing more papers

250
01:12:57.920 --> 01:13:24.320
that was existing and making. And the third was you're moving the skirt for the driveway. The skirt for the driveway. The skirt the apron. >> Yes. And you're moving in from where to where there

251
01:13:24.320 --> 01:13:53.199
that whole public public parking area is enough for for two two cars for So the barriers we're looking for is expansion of nonconforming the first floor accessory areas into living areas.

252
01:13:53.199 --> 01:14:09.840
The second one is building coverage 25% permitted 40.1% proposed lot coverage 50% permitted 63.7% proposed floor area ratio 55 permitted

253
01:14:09.840 --> 01:14:34.960
63.7% proposed curve cut 12t according to 2000 survey 18 proposed 10 ft per minute, 15 ft proposed.

254
01:14:34.960 --> 01:14:52.800
Required five parking spaces, four spaces proposed. A driveway 50 ft long. An average car is 13 13t 7 in. So you have to Three cars back to back.

255
01:14:52.800 --> 01:15:14.320
We actually six cars drive going to New Jersey. The parking space is 18 18 ft long. The front the front cut we're taking out plus the existing

256
01:15:14.320 --> 01:15:49.360
curve gives us a foot. >> Are you reading that from the zoning chart on one of these backwards? >> Yeah. Right through the block areas uh Boil.

257
01:15:49.360 --> 01:16:16.159
Boil. Check out this in 2000. I recall papers were considered partially impervious. Am I correct?

258
01:16:16.159 --> 01:16:32.560
>> Papers are impervious unless you use the special kind of papers that are you get 50% credit. >> Yeah. What about when special became >> they were they were impervious. So completely 100% impervious.

259
01:16:32.560 --> 01:17:06.800
>> They were always impervious. So you look at the existing photos that show you see the complete difference of beautiful homemar it's a win my taxes will go The house is beautiful. This is an old

260
01:17:06.800 --> 01:17:30.560
barn. It's going to be safe outside Ted's request in request drywall has to be put inside the fire

261
01:17:30.560 --> 01:17:48.320
and the mats on the sides. close to the property line. >> Bill, could you explain something? Um, and maybe I'm just not understanding. Um, Ted Ted's um denial says permitted curb

262
01:17:48.320 --> 01:18:06.080
cut 12 ft proposed 18 ft. But you say you're getting back two public parking spots. How are you getting back the public parking spots? What are you doing? >> See >> because that's positive criteria and I understand that but I don't understand

263
01:18:06.080 --> 01:18:21.280
where those spots are. >> If you look at the the existing if you look at the the survey you'll see the PA driveway. This is what was paper drive on this

264
01:18:21.280 --> 01:18:37.600
right 12th Avenue. That's that's 18 ft. If you come over and there's another apron that pavers concrete apron, concrete apron, double concrete apron. The larger concrete apron is in front of

265
01:18:37.600 --> 01:18:54.320
the 1201 uh 12 12 that concrete apron is coming out and then the pavers in front of it is coming out of the front porch. That's going to be all sod and then plantings.

266
01:18:54.320 --> 01:19:10.960
The existing driveway is staying the same except for where the jogs out. We're taking those papers out in the back there. That's going to be the actual side and area.

267
01:19:10.960 --> 01:19:26.880
You look at the whole property for as large as it is with two dwellings. There's a lot of lot of uh percentage on this property. >> Okay. Thank you. Thank you for answering the question. Are you presenting any

268
01:19:26.880 --> 01:19:43.199
further? >> Uh no. So all according to what I just stated. >> Okay. Could you just review the variances that you're requesting right now just so we have them for the record

269
01:19:43.199 --> 01:20:25.920
like in one spot not not split up? So it's all together. What do you guys ask for D2 variance. D2 variance is expansion of a nonconforming use the first four

270
01:20:25.920 --> 01:20:41.840
accessory areas into the living areas. That's one C variances. There's six building coverage 25% permitted 40.1% proposed.

271
01:20:41.840 --> 01:20:58.480
>> Could you pause on that for a second? What is that proposed and pre-existing? The 40.1 is pre-existing is proposed when everything is finished. >> But but did you add to the square footage of lot of building coverage or

272
01:20:58.480 --> 01:21:14.800
was that pre-existing non-conforming? >> It was it was pre-existing non-conforming because we did we didn't add any building coverage at all. We wanted >> Right. And I think that's important that for the variances that you're asking for that were clear which ones are new or or

273
01:21:14.800 --> 01:21:30.960
and which ones are pre-existing non-conforming. I understand we're going to still have to prove it. >> Okay. So the 40.1% proposed of building coverage is it was pre-existing. You didn't have the >> No, it says here existing 34.3.

274
01:21:30.960 --> 01:21:46.880
>> Okay. So there was an addition to the footprint of the building >> which I which I don't understand unless unless they're they're counting a portico and a small uh twoft can lever to square

275
01:21:46.880 --> 01:22:04.800
off the building on the on the north side of the structure because we follow the exact footprint of the building. The only thing we we extend was two feet where the

276
01:22:04.800 --> 01:22:23.679
building jogs out in the rear. If you look at you look at the uh existing demo first floor plan number two existing demo second floor plan. You'll see on the first floor plan, it

277
01:22:23.679 --> 01:22:40.320
says garage and then it shows a little jog out from the garage on the north side and that dotted line there was the was the uh the barn doors

278
01:22:40.320 --> 01:22:58.320
on the second floor. We joged out to match that that jog. So we squared off the building. If we could proceed with the with the uh with the variances that you're requesting. All right. 40.1%

279
01:22:58.320 --> 01:23:18.080
of building coverage and what's the next is lock coverage 50% committed 63.7% proposed. That's the F 63.7 >> lot coverage.

280
01:23:18.080 --> 01:23:57.239
>> Lot coverage here says 50 going to 624 cover 50% permitted 63.7% documents. >> That's the Canon survey. It has a chart on it. >> Yeah, we're looking at the Canon plan.

281
01:23:58.560 --> 01:24:19.600
>> That's what they're looking at. >> What? The plot plan the Canon showed all the proposed and existing percentages on what lot coverage

282
01:24:19.600 --> 01:24:55.520
lot.8% % existing >> building coverage >> showing coverage 25% >> 34.3% existing 40.1% must be uh must be counting

283
01:24:55.520 --> 01:25:20.639
the portal and the two foot can lever that's going to run along the garage area can do that.

284
01:25:20.639 --> 01:26:14.639
>> Yes. Okay, next you're asking for a lot of news coverage. 50% required 65. 62.4%. >> So you're reducing the coverage from where it is now. >> Yes. because there's probably even more

285
01:26:14.639 --> 01:26:57.600
now because we decided to take more coverage 25% existing 34.3% 40.1% Street farm area ratio

286
01:26:57.600 --> 01:27:15.600
55% >> existing 39.4% proposed 63.7%. >> Yeah, I look at that. That's an 1,800 square foot additional floor area.

287
01:27:15.600 --> 01:27:34.800
And I would have thought only the first floor. >> Well, he's he's probably he's probably uh including the first floor accessory area. >> Well, yeah, but that's not 1,800 square ft. >> Plus, they counted.

288
01:27:34.800 --> 01:27:58.239
>> You think they counted upstairs, too? >> Yeah. The addition. You had that little can out the whole house. >> Yeah, the front house. >> Well, the front house has nothing to do with this. >> Yeah, but there's an 18,800 square foot

289
01:27:58.239 --> 01:28:13.679
>> delta. And if you take the first floor of the carriage house, it's not 1,800 square ft. I'm trying to figure out where the where the 1800 came from. Could it be the whole

290
01:28:13.679 --> 01:28:29.120
uh D Street House? Was he included before? The addition addition is 414.12 square ft. That's the addition accessory area.

291
01:28:29.120 --> 01:28:47.440
The rear is is 378 square ft. The front is 98.56 square ft. The total accessory area is 866.52 square ft.

292
01:28:47.440 --> 01:29:09.080
That's field measure. Portico is 6 by 4T front door. I'm missing about,000 square feet to get to 1,800.

293
01:29:10.000 --> 01:29:29.280
I'm wondering if they counted as ex they didn't count any F for the back house and it's closer because the front house isn't changing. [clears throat] combining both houses which we tried

294
01:29:29.280 --> 01:29:46.800
right according to my architect there was a big dispute between both of these you're saying you know on this this small dwelling here we only need one variance or two variances and and and the uh uh

295
01:29:46.800 --> 01:30:02.239
art I mean the surveyor was combining both of them and what we're actually changing in our home. >> Well, just respectfully say that first people are

296
01:30:02.239 --> 01:30:18.800
incorrect to say that because this is one propert it's a 50 by 100 foot single property with a rear house. That's the definition by the town. So the second person is correct. The first person is incorrect.

297
01:30:18.800 --> 01:30:38.719
>> It's all the same property. So they were wrong. So it doesn't matter. That's why the surveyor between both of them arguing for two weeks. All right. So we we didn't settle the F

298
01:30:38.719 --> 01:30:59.360
though the permitted F is 55% before the war. What was the F saying it was 394. and and you did the math to get to the 1,800 your math. >> So they're saying the F is going up

299
01:30:59.360 --> 01:31:17.199
1,800 square feet >> which is almost the size of the whole welling in the back because he's you're not your bump out your canal lever is not 1,800 square feet. That's a lot of

300
01:31:17.199 --> 01:31:38.639
>> can only count for the back house. That's what I'm assuming. Bureau was counted for the back house. >> She was saying both houses >> on the second if you're looking at your

301
01:31:38.639 --> 01:32:04.000
architectural plan, the existing demo second floor plan on the back of Second floor is looks like it's one big open space. >> Is that is that was that a big is that an open room? >> The addition.

302
01:32:04.000 --> 01:32:26.840
>> No. The existing >> this space here is that all is that on the second floor, right? Yes. >> Is that an open room or is that roof? >> Not sure. >> What was it before?

303
01:32:27.920 --> 01:32:57.679
>> Okay. So, the bedroom this is where the wall of the house ends. This is >> this is where the existing >> this is where the bathroom suite bedroom. >> There was an addition on the second

304
01:32:57.679 --> 01:33:21.760
floor >> over the first floor. >> It was 700 700 something square feet. on the the second floor there wasn't there's a new addition >> on the second floor over the existing first floor. So there's your additional

305
01:33:21.760 --> 01:33:45.360
square footage. Is that >> yours? 2150 not the whole first floor is

306
01:33:45.360 --> 01:34:11.760
>> I get a feeling the whole back house. Yeah, >> it was only the first front house probably with the base calculation and then the whole back house is what it >> So this has all been built. So we >> No, the permits haven't been released

307
01:34:11.760 --> 01:35:25.920
because it requires zoning approval. >> So work shouldn't start. That's >> just don't understand what's going on. >> All right. Look at it. That's a good question. It's on Ted's denial.

308
01:35:29.199 --> 01:35:46.239
Is there a max >> is there max is there a max requirement on >> four is the max >> for single family right >> so I think Ted's going >> two two for each of the

309
01:35:46.239 --> 01:36:18.880
>> uh apartments in the front and one in the back >> that's the five 22 one >> that's Yeah, those >> at least if I'm reading right, the flat plan suggest that >> what's it on the book? Two or minus one.

310
01:36:18.880 --> 01:36:35.920
So you get two for each one. two bedrooms in the back minus one. It's currently currently a three or three. >> It's currently okay. That's >> um

311
01:36:35.920 --> 01:36:52.000
Okay. Um we are Mr. Kenny, are you are you tracking the variances pretty well so far? I'm just >> writing down what what's said, but >> Okay. But I just want to make sure that we're accounting for the variances and

312
01:36:52.000 --> 01:37:08.080
that the numbers that were thrown around are >> Yeah. I mean, I'm I'm writing it down. >> So So all right. So we were up to um we're up to the um the curb cut uh listed permitted curb

313
01:37:08.080 --> 01:37:27.119
cut 12 ft. You're proposing 18 ft. is 18 ft existing or existing and then put in for well it's in the drawing and we're taking out curve cut we're taking out is

314
01:37:27.119 --> 01:37:44.719
moving curve cut curve cut's going to be 20 20 foot 6 in when we move it front of the building that's giving you off parking >> one additional spot. Let let me just

315
01:37:44.719 --> 01:38:14.080
>> 18 curve on both sides. So you add both sides of the curve plus what we're taking out gives you enough for for two parties. And what's the complete life? [clears throat] >> Double in the driveway. So he's talking about

316
01:38:14.080 --> 01:38:38.159
street parking right now. He's talking about the street parking is given back, >> right? >> Yes. I didn't mark that down, but it's probably 30 36 6 in.

317
01:38:38.159 --> 01:38:54.320
>> All right. So, that would be two two two on street parts. So, so Bill, let me help you here. Um, we have to weigh positive and negative criteria, right? When that means when we decide to approve, right? Those two parking spots [clears throat] are certainly positive criteria as is your

318
01:38:54.320 --> 01:39:10.159
aesthetic improvements as is the safety improvements as is you know any other of the regular improvement work you're doing and that has to be way against negative criteria which there's certainly some negative criteria as well

319
01:39:10.159 --> 01:39:27.520
regarding regarding F and things like that. So, I'm just just rehashing for you also because of you needing the devarian, you need five or seven affirmative votes, right? If you allow it to go to a vote, if you get turned down, you'd have to come back with a

320
01:39:27.520 --> 01:39:42.960
significantly different proposal than the proposal that you coming forward with us this evening. So, I just want to make sure that you understand you apparently you don't have an attorney with you. I'm not trying to be your attorney, but you should just be aware that first of all, you need five of

321
01:39:42.960 --> 01:39:58.719
seven, right? You need a supermajority. And then if it gets turned down, you can't come back with basically the same proposal, ask a second time. It has to have significant modifications to it. >> What are the negatives compared to the positives?

322
01:39:58.719 --> 01:40:15.440
>> Well, that without you having representation tonight, that's for you to tell us, not for me to tell you. Um, typically your attorney would would outline those things and inform the board under testimony. I can't answer those for you. I'm just I'm just saying

323
01:40:15.440 --> 01:40:32.320
for my vote, I look at one positive thing is that you're giving back two parking spots. I think that's a good thing, right? I can say that. But I can't tell you what your positive and negative criteria are because you have to tell us what they are. That's your testimony to give to us, not for us to

324
01:40:32.320 --> 01:40:49.119
give to you. >> Well, the posit part is giving back to to part of making a beautiful home in a in a neighborhood that's improving 100% neighbors and and people in town

325
01:40:49.119 --> 01:41:07.840
come to 20 30 people saying what beautiful house this is changing bedroom uh criteria [snorts] and keep keep exact same I big enough to make five bedrooms. I have two bedrooms.

326
01:41:07.840 --> 01:41:22.480
I have two laundry rooms. I have three bathrooms. I'm making a beautiful house for family to live in and families in the future to live in. This house here, this carriage house, this barn, it was

327
01:41:22.480 --> 01:41:37.679
garbage. It's dangerous for anybody to live there. I I was I I have so many uh service calls on this property that gas smells sparking.

328
01:41:37.679 --> 01:41:55.199
I mean, this thing had to be renovated. The only thing I did wrong was move forward as the architect was trying to draw it up, which created a wave of time that the place was going to start deteriorating. So I got approval to just

329
01:41:55.199 --> 01:42:12.239
tie back it and side it and you know let's let's get it through zoning because because of the bad weather our winter I I submitted to my my my surveyor in December for for

330
01:42:12.239 --> 01:42:29.600
a new new survey. I come back from for from vacation and we still couldn't do it because of the snow. I can't do this. It took like like four months for me to get a survey. Soon as I got that, I said Ted, you know, Ted could

331
01:42:29.600 --> 01:42:45.280
couldn't even knock it down until I got a new survey. So then he he said I understood. Okay. So um how for for your application for your presentation tonight, is there any additional um that you choose to present before we open up

332
01:42:45.280 --> 01:43:02.400
to the public and open up to board questions? Only thing I want to say is it's it's a a great thing for the town to have, you know, it's to have a beautiful home, street frontage. It's not if it was a

333
01:43:02.400 --> 01:43:18.480
back house. I can see we have a big issue here. This is street frontage. This is what what Bellar is all about. And it's not a big mansion. I try to keep the charm of what I start with. You know, uh my record I bought many

334
01:43:18.480 --> 01:43:37.280
cottages, fixed them up gorgeous, but kept the charm. I didn't knock them down to make I'm not to make a million dollars. I'm making my family are any more for your current

335
01:43:37.280 --> 01:43:51.920
presentation? I mean, you'll be able to respond if there's questions or questions from the public, but any for your presentation right now? >> Yes. >> Okay. So, with that, I'll open up um

336
01:43:51.920 --> 01:44:07.520
I'll open up to the public. Does if any members from the public have any comments or questions? Yes, please. [clears throat] >> Hi, Randy Brazil. >> Happy to be home. >> Let me swear you in. Do you swear that the

337
01:44:07.520 --> 01:44:21.840
information and testimony you're about to provide will be the truth to best your knowledge to help you God? >> Yes. >> Welcome back. >> Thank you. Uh, with all due respect, and I and I appreciate all the the the good work that you do in town, I I walk my

338
01:44:21.840 --> 01:44:38.320
son's dog off and through town. And when I was on the zoning board, I watched this get demolished and get built. And I called the municipality and I said, "Are there permits for that?" And I didn't hear back. And then I wrote again and I asked, "Will there permits for this

339
01:44:38.320 --> 01:44:56.159
property?" And I didn't get a response. And I don't want to make waves. I didn't want to make waves. So I maybe somebody in town's got to know what's going on. And what we try to avoid in this town is to do things retroactively. That's what causes problems. So I don't want to be

340
01:44:56.159 --> 01:45:11.920
the property police. I don't think any of us should be the property police. But I think that we have a property police that should be doing their job. And in this case, their job. Where are the How do you do work without permits? I mean, I renovated my house.

341
01:45:11.920 --> 01:45:27.440
There was a demolition permit. I could not even take a toilet out without a demolition permit. I paid for it. I got it. I did it. We We need to We I like rules. I think that we all like rules. And I understand

342
01:45:27.440 --> 01:45:41.520
that the zoning board here to come up with solutions to come up with a variance to the rules, but I don't think that we're supposed to do itirectly. That's all. Thanks. >> Thank you, Mr. Any of the public have

343
01:45:41.520 --> 01:46:00.159
any questions? comments please. >> Hey um >> and I I do want to remind members of the public that we as a board the only job we have and people who said to this we either approve or deny variances. That's

344
01:46:00.159 --> 01:46:16.800
it. Anything that goes beyond that belongs in a different group that it's construction, it's it's it's it's you know fire whatever elsewhere. But we either and so we are going to decide on the variances that are requested

345
01:46:16.800 --> 01:46:32.719
whether whether we feel it meets the criteria for for an exception to be made to allow these variances to to exist on this property. Okay. With that, please go ahead identify yourself. >> Yeah, I appreciate that. U so my name is Joe Cullen. across the street.

346
01:46:32.719 --> 01:46:48.560
>> You know, I'm just going to square you in. Just spell your last name. >> Cu L I N >> I N. And your address? >> 1204 East Street. >> All right. Good evening and welcome. Do you swear that the information and testimony you're about to provide to the extent you provided will be the truth to best your knowledge to help you guys?

347
01:46:48.560 --> 01:47:04.719
Thank you. >> Yeah. I don't um I mean I'm fascinated by this whole process and I respect what you the judgment calls you guys have to make and and the variety in town, but I just say like living across the street, walking out my front door and seeing this building, standing out my kitchen

348
01:47:04.719 --> 01:47:21.040
sink, doing the dishes and looking out the window at it, it's a huge improvement and and I see no downside. I feel like we've gone from like you guys have said a um pretty old building that that um wasn't that appealing into

349
01:47:21.040 --> 01:47:38.719
a beautiful building that is the right size for a small family. I know there's a lot of um sixbedroom single family houses in Delmare where they knock down all the other buildings to to get that into the the um rules and and even if

350
01:47:38.719 --> 01:47:56.600
this might go over the limits in a couple ways, I I just feel like it's a um a great addition to the town and and wanted to lend my support for it. Thank you for giving your input. Appreciate that. Um, anyone else with the public? Yes.

351
01:47:58.800 --> 01:48:14.639
>> Good evening. Your name? >> Denise. >> And spell that last name? >> B A L D W. >> I'm sorry. >> B A L D W. >> All right. And address? >> 6086. >> All right. Good evening and welcome. Do you swear that the information you're about to provide will be the truth to

352
01:48:14.639 --> 01:48:29.840
best your knowledge to help you guide? >> Yes. >> Thank you. Um I have been in Delmar for many many years. My dad um grew up here. Long story short, um I am the grandmother of the grandson that um Bill was talking about. Um I have spent many

353
01:48:29.840 --> 01:48:47.280
a night in that house before he started the renovations and it was in very terrible disrepair. I'm glad that um he was able to take my grandson out of there and be able to uh build a much beautiful much better looking and beautiful and I hope that that you will

354
01:48:47.280 --> 01:49:04.239
approve it because it does make the town look better. I also um am a lifetime member of Calvary Baptist Church which is right next door to there and they are very happy to see that this is uh being improved. Um it's been um not an eyesore, but it needed improvement and

355
01:49:04.239 --> 01:49:20.719
they're very happy that it's being improved. And um the fact that he's giving back more parking spots and the fact that um my son and his wife and my grandson will be a host right here in Belmar and partake of this great town that I lived in. Um I am just very happy

356
01:49:20.719 --> 01:49:36.080
that he's taking care of it and I hope that you approve it. Um because I think that would be the right thing to do. I know about variances. My dad was on this board many many years many many uh years ago since past but um I remember talking about many different things that along

357
01:49:36.080 --> 01:49:50.880
this board and I I appreciate what you do um and I hope that you improve it and thank you for letting me speak. >> Thank you very much. Appreciate your comments. Anyone else from the public? >> That will close the public session. We'll open up for questions starting

358
01:49:50.880 --> 01:50:12.400
with >> questions. It's kind of a tough position here. Um, >> yeah, I don't want to start. I don't know if I heard the rationale or criteria as to why we should, you know, double the size of

359
01:50:12.400 --> 01:50:29.600
the second exterior building like positive criteria. I heard you want to make it look nice. You could do that without expanding the footprint. You already did that. >> I built the footprint. Yeah, there's an expansion. It says on here

360
01:50:29.600 --> 01:50:45.199
>> according to according to the footprint of the building, I added a level on there. I did not pass. >> You added a level >> on the second floor. Second floor. >> Yeah. You added footprint to the second

361
01:50:45.199 --> 01:51:03.040
floor, right? You you added squares. >> You added floor. >> Okay. So, you added living space on the bottom and half of the top. like not quite twice as much >> over garage underneath. >> I don't I'm struggling with I'm

362
01:51:03.040 --> 01:51:19.760
struggling with why that >> it's still a two It's still a twobedroom. So there's no there's no absolutely zero. >> And I get it. I get it. >> Anybody else comes before us and they're going to expand and they're going to more than double the size of their back house. >> Everybody's building mansions. This is

363
01:51:19.760 --> 01:51:34.480
still >> This is your second This is the accessory structure though on that property. That's what I'm struggling with. Like I get it. People build primary. >> It has its own address. It's not a single house. >> Maybe it should have been subsidized or something. I don't know. Then you'd have

364
01:51:34.480 --> 01:51:50.320
a single family home there, right? Like, but it's not. That's not the criteria that's coming. >> It would be better for me to knock them both down and just build one big mansion or >> no. Maybe. I mean, if you're asking me on paper and in accordance with the master plan, the answer would be yes.

365
01:51:50.320 --> 01:52:05.679
and not build a McMansion but build something that conforms to the lot 15550 that conforms and build McMansion there >> if it conforms to the zoning variances I mean that's have six bedrooms then there's there's a school

366
01:52:05.679 --> 01:52:21.119
>> I don't want to get in an argument with you I'm trying to understand what the benefit is like >> you come before a safe the saferuct safe safe structure for my family that's all a twobedroom with with a a a kitchen that you could actually call a kitchen Yeah, >> living room that can actually call a

367
01:52:21.119 --> 01:52:37.360
living room. Not something this big that my grandson calls. >> Yeah, I know. What I'm struggling with is now on the paper looks like you have two primary structures, right? On one lot. >> That's what you're trying That's what you're asking. You want to build two homes on one lot.

368
01:52:37.360 --> 01:52:52.880
>> Two homes on one lot. >> Now, there's an apartment, a garage apartment. >> Has it own frontage? It has its own address. >> Well, as if that makes a difference. >> It does make a difference. It's not your home. Well, it doesn't in the letter of the the >> I don't want to get an argument. >> I'm not going to get in an argument with you.

369
01:52:52.880 --> 01:53:07.599
>> If I subdivided, it would be okay, right? >> I don't know. You'd probably have a small lot. You'd have to conform to those those things, too. You got you got a lot lot of things happen in town that that would probably work. >> Yeah. I mean, I would love to double the

370
01:53:07.599 --> 01:53:23.679
size of my garage right now and sell it as two lots. I mean, everybody's gonna do that if we You're not going to live forever, right? This this goes I'll be dead whatever happens. Yeah, it goes with the land. This is a primary for my daughter. I

371
01:53:23.679 --> 01:53:42.960
have no more questions. Okay. >> Um I'd like to be absolutely clear. We're looking at I think nine out of probably nine bares. Do you think that's correct? >> Two are existing.

372
01:53:42.960 --> 01:54:03.040
So the one with the auxiliary that's the Dvarian six more varian >> well the F is a D variance as well just for the record >> I don't know I would some sometimes it helps if you you bring in some

373
01:54:03.040 --> 01:54:23.679
professional help with you other than yourself your architect or a lawyer or something to help explain it I feel a little bit better about it perhaps We got building coverage. We've got a change uh in the use of the property.

374
01:54:23.679 --> 01:54:42.880
That's we've got a parking variance. We've got building said building coverage. We've got lot coverage. We got F the driveway with >> curve. Um and parking.

375
01:54:42.880 --> 01:55:01.520
>> Is that correct? >> Do we count that if it's already existing? It's still I do. I don't know what we have to count that as a variance. >> Pre-existing nonconforming. I guess >> doesn't usually list it if it's not

376
01:55:01.520 --> 01:55:18.159
>> exacerbated. >> So, it's a pre-existing. >> So, it's either seven or nine depends on how you look at that. Yeah. And what you you have to do is convince us that your changes, which I'm I'm looking at they're they're extensive, uh are enough

377
01:55:18.159 --> 01:55:34.159
of a change for us to say that these things that you're asking exceptions for um we can we can approve these because of the changes that you're making. And I tell you some of the changes that you've you've mentioned but not maybe

378
01:55:34.159 --> 01:55:49.840
emphasized enough is that change in the electric You probably stopped the fire. You probably stopped the loss of life. You could have easily stopped loss of life because of the changes that you're making as an eye. And you should emphasize that. And uh the the

379
01:55:49.840 --> 01:56:05.599
appearance differences I didn't see before the changes I I drove by this past week. Um but I I would think that they're extensive. The changes in the appearance of the building and the appearance of the neighborhood. Uh what

380
01:56:05.599 --> 01:56:20.639
you're doing the neighborhood is is equally adorable. So that's certainly very important. What we're looking for is you to tell us anything you can think of that's improving to the point where we should

381
01:56:20.639 --> 01:56:38.159
say yes to you. So if you think of something that you haven't mentioned or maybe didn't emphasize enough, it would help us. I don't know. I don't know what else to ask for, but um I mean, you've given us

382
01:56:38.159 --> 01:56:54.800
a couple parking places back on the street. Okay, you mentioned that, which is good. That's something that we have to consider. We need enough to say if somebody argues this, you know, if we approve it and somebody argues it, we have to say we looked at this and the changes you made are enough to say

383
01:56:54.800 --> 01:57:09.360
they're good changes and and it was enough to uh for us to approve this these exceptions to the rules. And I I I would think that some of the safety things that you've done and improving the living conditions

384
01:57:09.360 --> 01:57:27.679
in the site are probably darn near enough for us for me to approve. But if you know something else, I would like to hear certainly. >> I mean, I don't see anything negative to

385
01:57:27.679 --> 01:57:42.239
to this. >> Let's not look at the negative. Let's look at what you're doing as positive. Positive positive is >> parking spaces you've added on favorite parking spaces. I I gave made the town made the house structurally sound. I

386
01:57:42.239 --> 01:57:57.679
made the house to code fire rated. I have a it's close to the property line. I didn't exceed property line. I made sure it's fire rated because there's a house 10t a garage apartment 10t away.

387
01:57:57.679 --> 01:58:12.719
Before that, you know, it was it was a fire hazard. I had two feet two foot overhangs on the whole thing rotting away. Now, when we restructured it, we pulled them back to one foot. So, that that that brought

388
01:58:12.719 --> 01:58:30.880
back that brought back the set set back on the on these post everything. If if uh the building wants 58 sheetrock, it'll be more depends on what what they want.

389
01:58:30.880 --> 01:58:49.520
Um, negative, I see nothing. I didn't positive. I didn't expand bad bedrooms, so there's not not a labor onto the school system. It's it's owner occupied. My daughter owns a house. She's she'll be living there. I own many houses. She could have

390
01:58:49.520 --> 01:59:04.719
picked anyone. She feels safe on that block. She's next to the church and It's it's a a plus. It's a win-win for for the town. My taxes will go up. There's not no negativity that I what I

391
01:59:04.719 --> 01:59:22.000
did to this property. The only thing that that puts a bad taste in everybody's mouth is I built most of it without a permit. >> And that isn't anything to do with zoning board. That's Ted building

392
01:59:22.000 --> 01:59:38.880
and and so forth. I think another potential plus is that you kept it sort of cottage like in size which is probably more conducive to the area. That's something that >> I didn't I didn't blow it up to two and

393
01:59:38.880 --> 02:00:01.840
a half story building. >> I understand. And you didn't put try to put condos there. So it's more like has been nicer. So I don't really have any more for you. This is a lot.

394
02:00:01.840 --> 02:00:19.520
I always go with the same thing I do for every other application. And it's simply I always ask this. How many bedrooms did you have pre-existing? How many bathrooms did you have pre-existing? How many are you proposing? So pre-existing two bedrooms, one bathroom, proposing

395
02:00:19.520 --> 02:00:35.760
two bedrooms, three bathrooms, and new laundry. That's correct. So I do that for every application and that's what I would find. I never look favorably upon increasing the burden on the municipality or the occupancy.

396
02:00:35.760 --> 02:00:50.960
Personally myself, I don't like that. I don't like if you have a twobedroom and you want to turn your rear structure into a threeb. That's Tony's opinion. It's kind of in flavor with your master plan. But I will say this, you are more than doubling

397
02:00:50.960 --> 02:01:07.440
the square footage of the structure. You have 400 existing square feet plus or minus and you're going almost to 900 [cough] living >> fair. Maybe I shouldn't have said that because my math isn't that good. So I

398
02:01:07.440 --> 02:01:25.119
mean your plus or minus and I just did some quick math. 420 ft upstairs existing and you're going up to almost 900 sound. I guess I don't know my original thought on this when I first looked at this application maybe a planning board

399
02:01:25.119 --> 02:01:41.920
subdivision is the right way to go. I don't know that for a fact. I can't guarantee that. But you do have a separate address and that's one of the reasons I'm looking favorably on this. I own multifamilies in town. They're both I don't have separate addresses. So I I do like the fact that this house does

400
02:01:41.920 --> 02:01:59.520
have uh an address. I do look favorably on the fact that um and I would like confirmation that it's nice to give up that apron directly in front of the house. It's not necessary and by and you will in fact then get two two additional parking spaces for the municipality

401
02:01:59.520 --> 02:02:15.840
which will offset the burden on your parking variance because they will be right in front of the house. >> Yeah. Well, that that's uh that that was submitted to the town in the permit that we're installing uh new system. So, that will be public.

402
02:02:15.840 --> 02:02:32.320
>> Yeah. And it appears that way. The question really don't know the total length of it. Is is it one or two spaces? >> Well, the length of 36. That's where you're testing. 366 is two parking spaces.

403
02:02:32.320 --> 02:02:55.119
>> How average I think in New Jersey 17 is the residential number. I I don't know what the use for street parking may not fair and just for a matter of record I'm not getting into permits and building

404
02:02:55.119 --> 02:03:13.040
not building advance etc. design. So, in my opinion, whether it doesn't matter. Um, those are my comments. >> You said it's gone two bedrooms, two bedrooms. The old place didn't have a

405
02:03:13.040 --> 02:03:28.320
closet in the one bedroom, so technically it's not a bedroom. >> Well, technically it was it was sold as well. >> Okay. And it was sold as a three family house.

406
02:03:28.320 --> 02:03:49.280
>> It was sold as uh I guess three. >> I have no other questions. >> I guess my biggest concern is different from Tony's in the fact that you're licensed contractor in town and you know what the rules are.

407
02:03:49.280 --> 02:04:06.280
>> They stepped over my bounds. I know I did. It's not ready. It's a year and a half. And if everything went according to the way it was supposed to go down

408
02:04:08.000 --> 02:04:34.719
the delay hurts me. The cost of the delay hurts, but it's going to be [snorts] a beautiful home and great for my family was there. Okay, thanks.

409
02:04:34.719 --> 02:04:51.280
I I still have a a problem with the numbers and I hate to approve something that is not as accurate for both floor area ratio and u the building coverage. Um because it

410
02:04:51.280 --> 02:05:06.960
looks like they added according to to this the uh plot plan they added 1,800 square ft of living space and yet they're they're showing a rear

411
02:05:06.960 --> 02:05:22.560
dwelling. I think that's maybe just for coverage. I I don't know what went into their numbers. It's not clear. is inconsistent and I don't like to approve something where the numbers are inconsistent and maybe if the cannon group was here

412
02:05:22.560 --> 02:05:39.840
they could explain what they did. Um I don't know if there's a way we can conditionally approve based on verification of the numbers explanation of the numbers I I don't feel comfortable

413
02:05:39.840 --> 02:05:55.199
approving anything based on those numbers and saying that's it. because we still have time uh for the next meeting for the resolution if the numbers be strained. >> Jim, if you don't mind me saying um I I

414
02:05:55.199 --> 02:06:10.080
I think I think you know that would be up to the applicant to decide if if he doesn't think he's got the adequate votes to get five or seven right. Um he then has the option to make that

415
02:06:10.080 --> 02:06:27.599
decision to say if your is your yes vote is contingent on seeing that then we can make that decision to to pull the application and come back otherwise I would think from what I just heard you say you'll probably know that

416
02:06:27.599 --> 02:06:43.840
>> until I have accurate numbers >> if you vote right right so so but that's going to be the applicant's choice right you're you're kind of giving him sort of like where you >> if somebody can explain the numbers to make >> I understand >> and uh is that it do you have anything

417
02:06:43.840 --> 02:06:59.440
At least to me, um I'm I'm sort of in between two camps between between Mr. Helme and Miss Hayner here. On the one hand, I I completely agree with with with Tony when he says the matters of you proceeding with that work without a

418
02:06:59.440 --> 02:07:17.040
permit. It it's it's it's it isn't right. We appreciate your cander in what you're telling us and um and in some ways that's not really our purview to make decisions based on that, right? Like like it's it's it's it's

419
02:07:17.040 --> 02:07:33.040
we either approve or deny variances as I said earlier. Um, but as Miss Hayner is pointing out, you know, you're a builder and and and and you really should know better and um, you know, it's annoying to the board that we're kind of put up

420
02:07:33.040 --> 02:07:49.360
against the wall with with pre-existing work and investments that you've already made and work done to date and then say we're not going to allow that and then potentially you're going to have to knock it down and start over from the ground up, right? Which which would be terrible, right? If that's the outcome,

421
02:07:49.360 --> 02:08:06.800
right? So, so it really is a rock and a hard place that the board's placed in. Um, and I really hate being in this position, but um, but you know, appreciate everything you've presented tonight. I will advise what would I say when when an at if an

422
02:08:06.800 --> 02:08:22.480
attorney tries to represent themselves that they've got a fool for a client, right? Um, you didn't come with a planner, you didn't come with an attorney. And typically, you know, those help the applicant. um um with with

423
02:08:22.480 --> 02:08:39.760
validate the information, make sure as Jim's indicating that the numbers are correct. I mean, I appreciate you don't want to you didn't want to do that because of how much that costs, but how much is it going to cost if you can't proceed or or you get turned down tonight? What's the cost of that? Right?

424
02:08:39.760 --> 02:08:56.000
So, so anyway, um I think you've heard from the whole board. Um, the only thing that I don't think we did do because we were sort of blending comments and questions together is I'd like to go back to the board and just have some final comments to give you a read on

425
02:08:56.000 --> 02:09:12.880
where each board member sits in terms of and by the way, we're not obligated to tell you how we're going to vote. I I I want to make sure I'm clear about that. We don't have to say, but typically we give an inkling. Okay. >> Oh, >> I am so bad. I'm so bad at that. I

426
02:09:12.880 --> 02:09:28.239
apologize. Go ahead. Um I guess the a lot of these variances come because it's a non-component fix, right? Because talking about a back house, just nonformity. If you subdivide it, how many of those variances will go away? Because again,

427
02:09:28.239 --> 02:09:46.000
it has its own address. It's separate street because right now we're approving the back house and the front house. That's all one property. So in turn, if that property ever got sold, it's a joint unit. That back house would be you can rent it

428
02:09:46.000 --> 02:10:01.119
for $4,000 a month or so. So you're improving the entire product, but if you subdivide it, it is now a standalone house where your daughter and your future son-in-law would own half because you're saying your daughter owns the back house.

429
02:10:01.119 --> 02:10:18.239
>> My daughter my daughter's in trust on the whole house. >> On the whole house, I guess, you know, subdividing maybe like relieve some of these variances. >> We're going to have the same same variances because you know setback

430
02:10:18.239 --> 02:10:34.400
variances off the property line they still have to be >> but the board might look at it a little bit different because it's its own >> I can answer that question. >> Sure. >> It's a non-conforming lot size now because it's a corner lot. Subdividing

431
02:10:34.400 --> 02:10:49.760
it would then create two nonconforming lots. So you increasing the variances for both likely. >> Right. Right. And and I think as far as the board from what I've heard from the board, having the two addresses sort of

432
02:10:49.760 --> 02:11:07.599
mitigates a little bit about um you know the point you're raising in that you know it's a technicality whether it's subdivided or not creating its own set of issues where you know if this was purely a back house and that back house was quartering on another property on the other side it could potentially be a

433
02:11:07.599 --> 02:11:24.159
different story. Right. >> I know I mean my property is not a >> and and it's it's two corner lots, right? Which makes it a little easier to to to accept compared to if it was in the middle of a block or if it didn't have two

434
02:11:24.159 --> 02:11:40.320
addresses. So, it's very unique and I don't think I've seen anyone like this in the past. I've almost 14 years now. So, any other comments? All right. So, with that, let's go to board comments

435
02:11:40.320 --> 02:11:56.239
and then decide this is I did have a question. >> Before you right now, or maybe not right now, but before you propose to make living space on the bottom first floor, that was

436
02:11:56.239 --> 02:12:12.480
technically a garage. You could count as parking space. Uh well, technically basically counted as parking space, but you could couldn't use that as as parking because the exhaust fumes penetrated. So, you know, years ago, It wasn't

437
02:12:12.480 --> 02:12:27.840
considered 1918. That was hor >> built. It could have been converted parking garage >> with permits. >> Well, it could convert it would have been a knock down.

438
02:12:27.840 --> 02:12:43.520
>> Okay. No, the only reason I'm asking is because you need a parking variance, but I was just wondering if on paper you're eliminating parking to do this project. actually have 50 50 ft of parking lengthwise >> double parking.

439
02:12:43.520 --> 02:13:02.000
>> So you can fit three cars. So you would have six car actual he can fit six but technically only four footage six. >> I mean I'm struggling with I already

440
02:13:02.000 --> 02:13:26.560
show my I'm struggling with how benefits the town. If everybody did this, we'd be retroactively improving a lot of back house additions put in a tough position. Maybe the town

441
02:13:26.560 --> 02:13:41.599
failed you a little bit and allowing you to get this far. Um, but >> I don't understand. >> I would I would propose the same thing. And uh and then there would have been a different taste in everybody's mouth but I didn't over

442
02:13:41.599 --> 02:13:56.719
>> and Bill kept it as a two two bedroom. That's perfect. >> And so I'm sitting here retroactive. If you had done nothing I understand. >> Let me finish here. If you had done nothing you came before us with these existing footprints. In my mind what I would probably have been able to live

443
02:13:56.719 --> 02:14:13.239
with is no expansion of bedroom space and you expand the first floor or you leave the first floor garage and you do your at the top, but to do both is a big ask, I think. And so I'm not in favor of the application as

444
02:14:14.560 --> 02:14:30.800
>> I really want to approve this for you, but if we I've been on the board longer than anybody, and every time we approve something that the numbers aren't absolutely finished, we get burned. Something bad happens. And you know,

445
02:14:30.800 --> 02:14:48.159
that's the only reason that I would have to say no to that we really need to have can a group come in or somebody come in that knows the numbers and can say this is what it is. Um everything else I you know you have to you have to weigh the pluses and

446
02:14:48.159 --> 02:15:05.119
minuses a lot. Um is it a plus to the town if somebody doesn't die in a fire? I think it is. You know is it a plus to the town if we make that building safer and more attractive? I think so. Um, so I I would like to approve it for you, but I would like to be sure the numbers

447
02:15:05.119 --> 02:15:21.840
are right. So at this point, we have to vote tonight. That's the only reason I'm saying no. I I agree with these two gentlemen. Every single one planning there's no guarantees with the planning board. I recognize April's

448
02:15:21.840 --> 02:15:38.880
point that potentially you know better than most anyway. depends on on where it could go. That's a whole another subject. You go to planning and get denied. Um I understand that's not your intention. I agree with

449
02:15:38.880 --> 02:15:56.159
Chuck. Um on, you know, you kept a modest approach regarding bedrooms and bathrooms. I commend you on that, but I'm in agreeance with Chuck that I kind of feel at this time right now, we're increasing everything. His thought

450
02:15:56.159 --> 02:16:11.760
of the lower level garage there makes total sense to me. it doesn't fit with your plan, unfortunately. And I hope you didn't get that far. Um, and most importantly, I'm I'm always a stickler on if we don't have the right numbers, I'm not going. It's just I've

451
02:16:11.760 --> 02:16:27.119
been that way for a long time. So, I'd like to make sure the numbers are correct. I know you're good at math. Um, the one thing I not plan, there's no AC condensers in this restructure. Are you putting air conditioning in? >> They need to be on They need to be on

452
02:16:27.119 --> 02:16:50.960
the block because they take up I'm just saying that's I think the I think it would be advantageous to have your engineer, your architect or yourself dial these numbers. I think >> yeah agree with whatever everybody else

453
02:16:50.960 --> 02:17:06.399
is saying. So it would have been nice to have the plans before all the work was done so we could have made comments on I think it's a big ask. I mean, you're you're increasing the living space by at least half,

454
02:17:06.399 --> 02:17:24.479
doubling it. So, yeah. >> They said, >> "No, I think the the structure is is is fine. It is an improvement, and I hold nothing against you for the permit

455
02:17:24.479 --> 02:17:40.240
issue. Um, but like the others on the board, we we want to make sure the numbers can be verified so nothing comes back to bite us. Um, and I think if whoever put these numbers together was

456
02:17:40.240 --> 02:17:56.960
here, we probably could have gotten the questions answered. That's all I have to say. >> I'm not forgetting this time. >> Um, you know, you're probably for a long time. I think the

457
02:17:56.960 --> 02:18:15.599
word looks great. You know, the updates nice. Um I have to say probably, you know, making sure the numbers again. I even think about the whole HVAC system where that's going ahead

458
02:18:15.599 --> 02:18:32.399
and for me, if this was my property, I'd fight like hell to be able to to try to do what what you're attempting to do. Um I do Your lack of u professional testimony and lack of accuracy of the numbers

459
02:18:32.399 --> 02:18:48.719
makes everyone here a little skittish. When we hear that from the professionals, it gives us a little more comfort that we are doing our due diligence when we're approving applications that could go one way or the other. you know, summer slam dumps anyway and we might we might jump off

460
02:18:48.719 --> 02:19:05.840
that, you know, you know, and and be willing to take that risk, but at other times we're not willing to take the risk and and I just saw a lot of discomfort um from the board that, you know, the numbers have to get really locked in

461
02:19:05.840 --> 02:19:22.240
and, you know, maybe a planner that um does a better job outlining the specific variances that that show um current state pre-existing non-conforming and then with the changes that you're making what they become because I get it

462
02:19:22.240 --> 02:19:38.080
appears that you're not changing your footprint at all but just something minor like the nine square feet that a that a condenser might take up is nine square feet off right so so it's inaccurate to begin with um you know and not to harp on it but I saw pictures that said these are the existing

463
02:19:38.080 --> 02:19:55.439
pictures they're not the existing pictures they're pictures from many many years ago at least a few years last year >> at least a few years ago. Well, they're not existing and they're they're represented as existing. So, that's inaccurate. So, Arthur's comfort, I think, um it seems clear to me. I I

464
02:19:55.439 --> 02:20:12.000
don't see five yeses here tonight, but you could make a decision to go to a vote um and see whether it gets approved or denied. That's your choice tonight. um or you want to um uh uh adjourn to a future date and come back with with some

465
02:20:12.000 --> 02:20:28.240
modifications made to what's being presented. Um it's likely you may not have to renotice. I I I don't I wouldn't speak to that. I don't want to opine on that, Mr. Kennedy, but um you know, that's where I stand. I I if if I were going to vote tonight, I probably can't

466
02:20:28.240 --> 02:20:49.439
approve it because of my discomfort with the accuracy of what All right. So, April the date. >> Um, our next meeting is August 27th. >> Now, just so you know, that means that by law the plans have to be on file 10

467
02:20:49.439 --> 02:21:05.680
days in advance. Is that something you can work with or you would rather in September? >> No. >> All right. So uh just for the record, do you consent to extend the time frame within which the board has to act uh until August 27th, 2026 for the next regular meeting?

468
02:21:05.680 --> 02:21:20.720
>> Okay. So Mr. Chairman, what I would suggest is that um we carry this uh meeting, this application until August 27th, 2026, 6:00 p.m. without the need for any further public notice unless the

469
02:21:20.720 --> 02:21:37.840
plans are substantially modified that are triggering more variances. So, if there's different, you know, more variances or significantly different variances, you'll have to renotice. Uh, I don't necessarily know that you will. Um, and so, and then for ladies and gentlemen of the public, um, if the

470
02:21:37.840 --> 02:21:54.160
board authorizes this adjournment to August 27th, 2026, there will be no further public notice. This is your notice. So, um, please please note that. So, Mr. Chairman, if it's the pleasure of the board, we have a motion to carry this application for August 27th, 2026,

471
02:21:54.160 --> 02:22:07.520
6:00 p.m. >> I will make that motion, Mr. K. >> I'll second. >> All in favor? >> Okay. Before we make a motion to adjourn for the evening, I had a a bit of of business and I just wanted to just get

472
02:22:07.520 --> 02:22:31.520
out the get out on the table here. Um, I'm going to be traveling for the September meeting and I just I was just wondering if it would be helpful for you if if we know that like like for instance

473
02:22:31.520 --> 02:22:47.120
tonight's meeting you weren't sure if we were going to have enough people if we know in advance that we're not going to be at a meeting. Would that be helpful to you if you already know that like that I would be here in September? So, um, how far you want to know?

474
02:22:47.120 --> 02:23:02.560
>> Well, I mean, if you're committed to travel, I mean, just this way she'll know on on any given night whether we have a room or the you know, we really want to and we're down one member, you know, we're down one member. So, it makes it even more important now that

475
02:23:02.560 --> 02:23:20.160
that that that be had because we might have to mark Claire into service. one of one of you guys are going to have to be seated between now and January for the next >> and it's a good point and the situation only gets a little bit more complicated when you have carryover hearings and and

476
02:23:20.160 --> 02:23:38.720
things like that >> right like like well we didn't hear survey tonight but >> but there'll be some conflicts that people have to step out which one could >> I won't be here on the 24th of August I thought our meeting I might be away that

477
02:23:38.720 --> 02:23:55.439
month also. Miss August. >> I mean, we don't have to do it tonight, but if you if you know you're not going to be here, if you just send April an email, she'll put it on the calendar and then she'll know that we've heard it. I'm a definite no for September.

478
02:23:55.439 --> 02:24:18.000
I'll be so flying back from me. >> Well, you're going to sit down. >> Sarrento and Sicily. >> I got one question before we adjourn too. I've been asked the question a lot is

479
02:24:18.000 --> 02:24:33.680
once you start work on a project I know you have two years to start it but once you start it is there any type of time limit for how long it can go on >> you put a time limit

480
02:24:33.680 --> 02:24:49.439
>> uh we actually put the time limit just on getting a permit um as two years um I don't know that's probably more of a ted question >> the construction permits are valid for a year unless you are continuously working.

481
02:24:49.439 --> 02:25:05.840
>> So if it goes like for a couple months where they don't do any work, then theoretically >> they just have to reapply to renew their permits. >> Okay. >> They don't lose anything except for money. >> How long is the permit valid for? >> It's one year unless you can are

482
02:25:05.840 --> 02:25:21.760
continuously working on it. And I think that's >> I I it's funny. I have a side story to tell. So >> we are still on being recorded now. So, a friend So, a a friend of mine, there's a a woman in Lake Como who was paint was peeling off was peeling off

483
02:25:21.760 --> 02:25:36.479
her house and she painted she got a permit and she was painting like three boards every week to show that work was progress just >> so if we see places that have or we've had complaints come to us where it's

484
02:25:36.479 --> 02:25:59.359
going on on contact Ted and see if going >> he'll love to hear from take that resolution resolution. >> So we put in this is not necessarily law but we put in uh that uh once the

485
02:25:59.359 --> 02:26:14.720
resolution is adopted they have to it's potentially avoidable unless they pull a permit a building permit within two years or any agreed upon extension. So we just don't like things to get stale and And we fairly frequently get people

486
02:26:14.720 --> 02:26:31.200
saying, "Hey, I ran into issues. Can you extend this?" >> Right. And but but those extensions always come in front of us, right? And then we we could decide to turn down the extension and insist that the case be reheard. I haven't seen that happen yet. I mean,

487
02:26:31.200 --> 02:26:53.640
sometimes people will say, "Hey, I want three years." And we'll say, "No, we'll give you a year." You're going to have to >> Well, we can finally have the money to do the back house. >> Yeah, it's a financial report. >> Ask for an extension >> retroactive. We've done that before.

488
02:26:53.760 --> 02:27:09.920
>> No, but like I mean now I have ideas about what to do under >> that's greatable space >> property to property >> gone forever. was in construction. >> So if we needed a change made there, it would be

489
02:27:09.920 --> 02:27:29.439
>> well that's that's the state construction code. That's not >> but you have to show that it's continuous. I don't think it you know spells out what continuous is >> something >> or if there's something like that's

490
02:27:29.439 --> 02:27:47.040
dangerous there now because work hasn't the hazard condition. >> Um, is there anything else administratively? All right, with that, I'll make a motion to adjurnn. >> Second favor, >> guys. Thank you.